Georgia Brownfield Program 2019 Shannon Ridley Brownfield Coordinator Georgia Brownfield Association Annual Seminar April 23, 2019

Programmatic Updates Program Accomplishments Staffing 1022 Brownfield Applications received to date 123 Brownfield Applications received in 2018 27 Brownfield Applications received in 2019 so far 557 Completed Cleanups Currently, over 465 active brownfield projects Staffing Sarah Best Laura Dahlgren Courtney Roberts  ??? Current Work Priorities Brownfield Applications (CAPs or CSRs) CAP Amendments CSRs for approved CAPs

Brownfield Application Comfort Letters Brownfield Corrective Action Plan Comfort Letter To be used in instances where the provisional limitation of liability cannot be issued before the real estate transaction To allow prospective purchasers to close on a property before the provisional lol is issued with the assurances that they are protected from 3rd party claims and responsibility for groundwater cleanup Provides lenders will a level of comfort that their liability will be limited should they lend to prospective purchasers for qualifying properties EPD is not agreeing that the CAP is adequate for bring soil and source material into compliance with the appropriate risk reduction standards

Brownfield CAP Comfort Letter   Upon approval of the CAP, a provisional limitation of liability will be conveyed to the prospective purchaser in accordance with Section 12-8-207(a) of the Act. However, since EPD is in receipt of the brownfield application, the prospective purchaser may still acquire the property and be afforded the liability protections upon purchase or acquisition of the property as enumerated in Section 12-8-207(a)(2) of the Act.

Brownfield Application Comfort letters Brownfield Compliance Status Report Application To be used in instances where the final limitation liability cannot be issued before the real estate transaction To allow prospective purchasers to close on a property before the final lol is issued with the assurances that they are protected from 3rd party claims and responsibility for groundwater cleanup Provides lenders will a level of comfort that their liability will be limited should they lend to prospective purchasers on qualifying properties EPD is not concurring that the soil and source material are in compliance with the appropriate risk reduction standards

Brownfield CSR Application Comfort Letter Upon approval of the CSR, a limitation of liability will be conveyed to the prospective purchaser in accordance with Section 12-8-207(a) of the Act. However, since EPD is in receipt of the brownfield application, the prospective purchaser may still acquire the property and be afforded the liability protections upon purchase or acquisition of the property as enumerated in Section 12-8-207(a)(2) of the Act.

Environmental Covenants Source Material Program Challenges Environmental Covenants Source Material Brownfield Properties from other Regulatory Programs

Environmental Covenants In 2018, we ……. Executed three new covenants for properties where the Type 5 standards are being applied Drafted a terminating covenant Drafted a modifying covenant Lessons learned …. Start early ! Review the EC guidance and template Division Director will not sign less than 30 days prior to the close of the public notice period It takes another covenant to terminate or amend an existing covenant Notices to adjacent property owners are also required for covenants that are being terminated and modified

Plans for 2019 Georgia EPD Online System (GEOS) Brownfield CAP and CSR Applications New Submittal Types CAP Amendments CSRs for Approved Brownfield Applications Prospective Purchaser Status Reports Brownfield Public Listing System Enhancements Brownfield Public Record Brownfield files for properties with final lols will be kept on-site for five years Brownfield files for properties with final lols issued on or before December 31, 2012 will be sent off-site to the records retention center

Periodic Invoicing Plans for 2019 Brownfield projects with outstanding balances of more than double the application fee for which a final limitation of liability is not imminent Brownfield projects with accrual of large balances before approval of the brownfield application Long-term brownfield projects

Questions ? Concerns? Comments? Shannon Ridley Response and Remediation Program-Brownfield shannon.ridley@dnr.ga.gov 404-657-8616 Jason Metzger Response and Remediation Program Jason.metzger@dnr.ga.gov 404-657-8606