TURNING LANDFILLS INTO BROWNFIELD REDEVELOPMENT Martin Shelton Weissman, Nowack, Curry & Wilco

Permitted Landfill in Operation Post-closure in Theory LANDFILLS

 Resource Conservation Recovery Act (RCRA)  Regulatory scheme  Cradle to grave  Permitting component  Post closure regulations  Prospective remedial action to address ongoing contamination issues  Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)  Historical Hazardous Waste sites  Remediation and Treatment to Protect the Environmental from Hazardous Substances  Egalitarian – Liability for All!  Contribution Litigation WHAT LAWS APPLY TO LANDFILLS?

 Georgia Comprehensive Solid Waste Management Act  Basically implements RCRA Subtitle D  Solid Waste  Georgia Hazardous Site Response Act  State superfund  Release notification  Hazardous site inventory  Clean up standards  Deed Restrictions  Potentially Difficult to Market or Develop WHAT LAWS APPLY TO LANDFILLS?

Mt. Trashmore Park in Virginia Beach Mt. Trashmore Playground THE SUCCESSFUL CLOSURE

Some Use Not Much Use THE SUCCESSFUL CLOSURE

Not Where You Want Them No Control Over Waste UNPERMITTED LANDFILLS

Organized Illegal Dumping Random Dumping in Forest UNPERMITTED LANDFILL

Past Sins When Waste Management Was Not the Same DEALING WITH PAST WASTE ISSUES

It May Be Obvious…. Or, It May Not. DEALING WITH PAST WASTE ISSUES

 RCRA Post-Closure  The Never-ending Story  Methane Monitoring  Groundwater  Surface water  Depresses Surrounding Development  CERCLA  Who wants to buy a Superfund site?  Sites do move of the list, but still require a lot of work to reuse LEGAL EFFECT OF PAST WASTE ISSUES

 HSRA Remediation = Years  Study & Delineation  Determine a Possible Remedy  Soils  Groundwater  Surface water  Implement  Water - Monitor Success Until All Wells < RRS for 2 Consecutive Years  How clean is clean? LEGAL EFFECT OF PAST WASTE ISSUES

 Defined as: “Real property, the expansion, development or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant”  Putting Formerly Unusable Land to a New Use  Georgia Brownfield Act  Eligibility  Clean up  Liability Protection BROWNFIELDS

 Allows redevelopment without assumption of liability  Provides a manageable process to achieve remediation and redevelopment  Provides liability protection  Provides protection from third-party lawsuits WHAT DOES A BROWNFIELD DO?

WHAT WE’RE REALLY TALKING ABOUT IS RISK MANAGEMENT …

RISK REDUCTION NOT ELIMINATION

BROWNFIELDS WORK

 Had to buy the property  A lot of work upfront before purchase  Not available to RCRA sites of any kind  Not available to CERCLA sites  Not available to sites under any environmental lien  But, HSRA sites and UST site were allowed HISTORICAL BROWNFIELD LIMITATIONS

 Expanded to allow anyone with a property interest such as leases, easements – all property interests which previous gave one operator liability  Clarified a prior amendment allowing thirty days after purchase to submit application  Revised the exclusions language  No sites listed on the National Priorities List or Superfund list  No sites undergoing remediation under Federal CERCLA order  No active, permitted hazardous waste facilities (RCRA) 2014 BROWNFIELD AMENDMENTS

 WHAT DOES THIS MEAN?  Former or unpermitted RCRA sites can enter the Brownfield Program  Unpermitted Landfills  Former landfills that have completed closure requirements  HSRA sites, VRP sites, CERCLIS sites  Clarified a prior amendment allowing thirty days after purchase to submit application  Revised the exclusions language  No sites listed on the National Priorities List or Superfund list  No sites undergoing remediation under Federal CERCLA order  No active, permitted hazardous waste facilities (RCRA) 2014 BROWNFIELD AMENDMENTS

 Site must still qualify for the program by having a release.  Needs to be a constituent included in the governing statutes of the Georgia Brownfield Act  Have to address the source of hazardous constituent  Be prepared for anything initially  Closure requirements  Methane issues  Groundwater  Surface water  Soils  To Remove or Not Remove? SO YOU WANT TO REDEVELOP A LANDFILL

BROWNFIELD CASE STUDY 1

BROWNFIELD CASE STUDY2

Martin Shelton P: | F: Weissman, Nowack, Curry & Wilco One Alliance Center, 4 th Floor 3500 Lenox Road Atlanta, GA