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Brownfield Site

Michael Forlini | Jul 26, 2008

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According to EPA’s Web site: With certain legal exclusions and additions, the term `brownfield site' means real property, the expansion, redevelopment or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant or contaminant. Cleaning up and reinvesting in these properties takes development pressures off undeveloped, open land. The industrial zoned locations of these properties are a plus for many developers. There are more than 450,000 Brownfield sites in the U.S.

Since its inception in 1995, EPA's Brownfields Program changed the way contaminated property is perceived, addressed and managed. Local and state governments are heavily involved in administering the program. The Brownfields Program was designed to empower states, communities and other stakeholders, to successfully administer an environmentally sound program. State Brownfields Programs have their own Web sites. These state Brownfield Web sites provide a wealth on programs and initiatives, as well as information regarding grants, loans and limited funding. For a perspective purchaser or developer, this knowledge is prudent early in the program. Some states have incentive programs, to encourage Brownfield redevelopment, but may warrant eligibility requirements from the applicant in the pre-contract phase. Programs, initiatives, loans, and limited funding offered in the program vary from region and state.

Some programs such as The Brownfield’s National Partnership Program provide special technical, financial and other assistance to selected communities. The Brownfield National Program became a law in 2002. On January 11, 2002, President Bush signed the Small Business Liability Relief and Brownfields Revitalization Act (Pub.L.No. 107-118, 115 stat. 2356, "the Brownfields Law"). The Brownfields Law amended the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund), by providing funds to assess and clean up Brownfields; clarified CERCLA liability protections; and provided funds to enhance state and tribal response programs. Other related laws and regulations impact Brownfields cleanup and reuse through financial incentives and regulatory requirements.

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