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

2. 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

3. 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

4. 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 (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 (a)(2) of the Act.

5. 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

6. 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 (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 (a)(2) of the Act.

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

8. 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

9. 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

10. 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

11. Questions ? Concerns? Comments?
Shannon Ridley Response and Remediation Program-Brownfield Jason Metzger Response and Remediation Program