Prepared
Witness Testimony
The Committee on Energy and Commerce
W.J. "Billy" Tauzin, Chairman
A Smarter Partnership: Removing Barriers to Brownfields Cleanups
Subcommittee on Environment and Hazardous Materials
March 7, 2001
10:00 AM
2123 Rayburn House Office Building
The Honorable Robert C Shinn
Commissioner Department of Environmental Protection 401 East State Street
P.O. Box 402
Trenton, New Jersey, 08625
There are a number of mayors of smaller
municipalities in many states who think brownfields are only a problem in larger
cities or urban areas of the state. New Jersey is no exception. Let me say, that
Brownfield redevelopment is absolutely not limited to those larger cities or
urban areas of the nation.
The fact is that most of New Jersey's 566
municipalities have probably at least one site that could be considered a
brownfield site. As do many communities in the country. Brownfield sites include
that long abandoned gas station, the out of business dry cleaner on the corner,
in addition to the industrial complex that closed up years ago and is now
abandoned and overgrown. These sites do not always pose an immediate threat to
public health, so it is not surprising that many of our cities find other
problems of a higher priority than brownfields redevelopment.
We need to stop thinking of brownfields as
"contaminated sites" that burden a town and drain the tax roles, and
to start viewing them as valuable real estate for that new business that wants
to relocate to your town. Or perhaps as a recreational opportunity that can
benefit the community.
Brownfield sites are attractive opportunities for
redevelopment because in most instances there is existing infrastructure. Many
brownfield sites can become choice real estate when incorporated into a
municipal redevelopment plan and you utilize the tools such as the state of New
Jersey has to offer.
The State of New Jersey has many incentives and
dedicated resources to stimulate environmental cleanup at identified sites. A
good example, which demonstrates our commitment to this effort, is the New
Jersey Phoenix Award Winner Berger Industries site in Edison Township, New
Jersey. This cleanup resulted in the protection of public health and also
expanded the region's economic base. As a former steel tubing manufacturing
facility the Berger property lay abandoned due to financial hardship of the
responsible party. The site had soil and groundwater contamination present.
Contaminants included petroleum hydrocarbons, base neutral organic compounds,
chemical solvents and residuals, chlorinated hydrocarbons and volatile organic
compounds. The former areas of environmental concern included underground
storage tank systems used for waste oil and fuel oil, above ground storage tank
systems, exterior hazardous substance drum storage areas, interior sumps, drains
and trenches, underground concrete basins, electrical transformers, underground
tunnels, and dry wells all used for operational purposes by the former owner and
operator. This was in addition to the operational discharges that took place on
site. The developer, Marc Parell from ARC Properties Inc. entered into a cleanup
and redevelopment agreement with the New Jersey Commerce and Economic Growth
Commission and the Department of Treasury that was endorsed by New Jersey
Department of Environmental Protection. This agreement allowed him to be
reimbursed for 75% of the total cleanup costs from the new taxes generated from
the site. It should be noted that this New Jersey cash incentive is the first in
the nation. Project costs were approximately $29 million, with $2.1 million in
remediation costs with community benefits of hundreds of new full time and part
time jobs, as well as the developers repayment of over $1 million in back taxes
to the municipality.
As the first site in New Jersey to complete the
"redevelopment agreement process" the redeveloped site, now known as
Edison Crossroads, has generated over $2 million in new state tax revenues in
the first nine months of operation. We expect that the site will generate
approximately $4.4 million in new taxes its first year of complete operation. In
addition, more than the $4.4 million will be generated each year as new
businesses open and existing ones grow. It is important to note that these taxes
were not being generated as the site sat idle, abandoned and contaminated for
the previous 8 years.
Additional incentives include an immediate third
party defense for a prospective purchaser of a contaminated property who
voluntarily enters into a Department cleanup oversight document prior to taking
ownership. Moreover, the Department issues with every no further action letter a
covenant not to sue. The covenant not to sue contains provisions releasing the
non-responsible party who conducted the cleanup from all civil liability to the
state to perform additional remediation under certain conditions.
New Jersey has also established a
"one-stop" approach to acquiring permits. This innovative regulatory
and compliance assistance process is based on a single point of contact in the
Department of Environmental Protection. The one stop approach is a total
facility approach to permitting. One stop's benefits include a thorough
identification of all regulatory requirements and coordination among the various
NJDEP programs for major construction, development and remediation projects
which are complex in number, requiring a variety of permits and the specific
timing of those permits. This assures better customer service to the public and
regulated entities. In addition, it provides more opportunity to integrate
pollution prevention concepts early on in the permitting process, that may in
turn reduce costs and improve the efficiency of the facility.
New Jersey's goal is simple: solving
environmental problems and providing businesses a place to locate, create jobs,
to build new housing and entertainment opportunities all without having to go
into farmlands, open space and other areas of the state which lack existing
infrastructure.
However, additional resources need to be brought
to bear on assisting all municipalities in their brownfield cleanup and
redevelopment efforts. Municipalities need assistance in addressing demolition
and disposal costs at sites where the demolition is necessary to assist in the
cleanup and redevelopment effort. In addition, many state programs may provide
low interest loans and grants to municipalities and private entities but usually
for conducting the preliminary assessment, site investigation and remedial
investigation. Financial assistance needs to be provided to non-responsible
parties for the completion of the remediation. Moreover, there is a need for
financial assistance to municipalities who want to turn that abandoned,
contaminated property into open space, perhaps a playground or park. This not
only takes a brownfield site from an eyesore or blotch on the community but also
actually improves that town's quality of life.
We need to encourage cleanup and redevelopment
efforts at the Federal level as well. By streamlining some of the federal
processes regarding the cleanup of contaminated brownfield sites as well as
putting some predictability and finality into the process, additional brownfield
site cleanups could happen in our states. These initiatives could greatly
enhance the programs that currently exist at the state level. This is a huge
largely untapped national investment opportunity for both the public and private
sector!
Many of the municipalities in New Jersey have
already taken the initiative and identified brownfield sites in their
communities in the hopes of putting them back on the tax roles. Many of these
sites can be found on the Department of Environmental Protection's GIS website
where we have established an interactive listing of brownfields called I-Map.
This unique computer application allows for the identification and potential
marketing of brownfield sites to interested parties via the web. It gives you
critical screening data like population density, per capita income and aerial
photography.
This may be another tool that could be used in
other states to further enhance the cleanup and redevelopment efforts within
their communities.
This is an exciting time for the brownfield
marketplace and urban redevelopment its truly a rare government win-win.
Brownfield sites that have been previously overlooked for years in New Jersey
are now seen as some of the most exciting investment potential.
I would like to take this opportunity to thank
you for you allowing me to address this Committee and hope that this provides an
opportunity to answer questions and promotes interest in the continued success
of the states brownfield cleanup and redevelopment efforts.
The
Committee on Energy and Commerce
2125 Rayburn House Office Building
Washington, DC 20515
(202) 225-2927
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