1. 1 UNITED CONSULTING Presentation to www.unitedconsulting.com

2. 2 John Clerici, P.E. Chief Environmental Consultant

3. 3  Identification due diligence AAI  Protection for adjacent property releases  Protection for on-site releases Brownfield This action is now referred to as The Brownfield Act

4. 4  Georgia Hazardous Site Response Act (HSRA)  Georgia Hazardous Site Reuse and Redevelopment Act (HSRRA)  Amendments HB 531 SB 277

5. 5  Identified Contaminated Property in Georgia Hazardous Site Inventory sites (800 ) Non-HSI sites (1600) Mine sites (200) Petroleum sites (8,000)  Senate Bill 277

6. 6 FEAR ! Superfund Liability Cost of investigation Cost of clean-up Liability civil and regulatory Regulatory changes Resale

7. 7 2002 Federal Brownfields Law 1994 USEPA ID’s 600,000 + 2002 GA Brownfields Law 2003 GA HB531 Tax Relief 2005 SB 277 Petroleum Sites

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11. 11 Westinghouse A&D Wireburn GA Tech

12. 12  Groundwater clean up is exempt  No third party liability  Exempt from regulatory changes  Protections are passed down to future owners

13. 13  Purchase price is probably depressed  Property value / taxes are frozen  May be eligible for funding

14. 14  Applications go thru either GA Brownfields Program Hazardous Site Response Program (HSRP)  Meet HSRP requirements*  Fees used to fund fast track review * For Petroleum releases, too

15. 15 Application Public Notice Agreement Purchase Property Clean-Up File Tax Relief Certification TIMELINE

16. 16 $3,000 fee PPCAP or CSR (clean-up plans) Property Qualification Purchaser Qualification Financial Assurance (thru HSRP) Application

17. 17  Minimum $3,000  Money well spent Speeds up process Gets special HSRP review

18. 18 Compliance Status Report (CSR) List of hazardous substances Extent of soil & groundwater impacts Certify compliance with Risk Reduction Standards (RRS) Proposed Purchaser Corrective Action Plan (PPCAP) Preliminary CSR No compliance with RRS Corrective Action Plan OR

19. 19  Site has pre-existing release of hazardous substances or petroleum products  Not a waste facility (landfill)  Not on NPL  Not under federal corrective action program  No unsatisfied liens

20. 20  Purchaser did not contribute to release  Not related to owner or other persons who contributed to release  Not shareholder or officer in company associated with owner or property  Not shareholder or officer in company that contributed to release  Not in violation of any environmental rule or regulation

21. 21  Financial guarantee bond  Performance bond  Letter of credit  Financial statements  Trust fund  Insurance Not Required for non-HSRP voluntary clean ups

22. 22  Public notification is triggered when application is submitted  Posted in local newspaper  Gives public opportunity to respond  Not Required for non-HSRP voluntary clean ups

23. 23  Property acquisition must await EPD agreement  May require additional investigation  May require corrective action  Contingent upon compliance with RRS

24. 24  Get EPD agreement first  Expect seller to want changes in contract

25. 25  Property must be remediated according to plan described in corrective action plan  Be sure to document clean-up and costs carefully

26. 26  Go to EPD with clean-up costs  Get EPD agreement  Take EPD agreement forms to County  Property value is frozen for 10 years  Property taxes are effectively frozen

27. 27 Time (weeks) Cost (x$1,000) Common Timing/Cost Ranges HSRPBFPItemHSRPBFP 2 – 41 – 3PPCAP preparation4 – 102 – 6 4 – 81 – 4EPD review, with HSRP NOD or BFP comments-- 2 – 51 – 2Respond to NOD letter/comment3 – 151 – 2 2 – 61 – 3EPD letter after NOD/comment response-- 2 – 100 – 6Remediation, if required0 – 250+ 0 – 100+ 2 – 42 – 3CSR Preparation10 - 258 - 15 6 – 101 – 4EPD Review-- 2 – 51 – 3Final CSR3 – 152 – 4

28. 28 CASE STUDY Aladdin Cleaners 18 th Site approved in Georgia

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31. 31 Property Line Groundwater contamination Soil contamination Dry Cleaners

32. 32 Dry Cleaners

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35. 35 Application Includes:  $3,000 fee  PPCAP List of contaminants Source of release Extent of contamination Corrective Action Plan  Qualifications  Financial assurance Public Notice: Marietta Daily Journal Atlanta Journal Constitution

36. 36 Required action: Monitoring Groundwater (to define conditions for indemnification) Additional sampling Soil removal and off-site disposal Bench tests (if decide to use on-site treatment) and disposal Meet RRS CSR

37. 37 Septic Tank Lint Dumping Dry Cleaners

38. 38 Weeks PPCAP prep3 EPD review & comments3 Response to EPD comments2 EPD letter of agreement3 Property purchase3 Clean-up6 Final CSR4 Total24 (6 mo.)

39. 39 This is real ! Benefits are substantial Protection last forever Opportunities abound

40. 40 Questions

41. 41 HOW CAN WE HELP? JOHN CLERICI, P.E. 770-582-2819 SCOTT SMELTER, P.E. 770-582-2839