njfuture redevelopment forum 2016 hochreiter

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Challenges Associated with Developing Brownfields in New Jersey Municipalities Joseph Hochreiter, CGWP Principal Scientist, Senior Environmental Consulting, LLC Coordinator, Perth Amboy Waterfront BDA New Jersey Future Redevelopment Forum 2016 “Navigating Brownfields : Creative Solutions for Problem Sites” Successful Examples from Northvale (Bergen County) and Perth Amboy

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Page 1: NJFuture Redevelopment Forum 2016 Hochreiter

Challenges Associated with Developing Brownfields in New Jersey Municipalities

Joseph Hochreiter, CGWP Principal Scientist, Senior Environmental Consulting, LLC

Coordinator, Perth Amboy Waterfront BDA

New Jersey Future Redevelopment Forum 2016“Navigating Brownfields : Creative Solutions for Problem Sites”

Successful Examples from Northvale (Bergen County) and Perth Amboy

Page 2: NJFuture Redevelopment Forum 2016 Hochreiter

Basic Concepts• Municipalities by statute receive immunity from cleanup costs for

properties on which they foreclose for non-payment of taxes.• Such immunity DOES NOT exist for properties that municipalities own

and operate (i.e., DPW Yard) or for acquired properties. • LSRP is your gateway for Site Remediation compliance, so select

carefully and keep engaged through the remediation of most difficult properties.

• Brownfields Development Area (BDA) designation gives municipalities more control over developer selection, priority access to HDSRF resources, and OBR consultation.

• For municipally owned sites, should municipality control remediation, or should it be turned over to a developer? Pros and Cons…

• When HDSRF is viable, it is effective in stimulating activity at stubborn, abandoned sites. Prior viability has been an issue.

New Jersey Future Redevelopment Forum 2016“Navigating Brownfields : Creative Solutions for Problem Sites”

Page 3: NJFuture Redevelopment Forum 2016 Hochreiter

Small-Town Remediation

New Jersey Future Redevelopment Forum 2016“Navigating Brownfields : Creative Solutions for Problem Sites”

Page 4: NJFuture Redevelopment Forum 2016 Hochreiter

Small-Town RemediationTect-Danzig Site:• 2.25-acre site in middle of town• Tect, Inc. started in 1957 as distributor and manufacturer of chlorinated

solvents• Business closed around 1970 with on-site burial of up to 500 drums of

solvent and waste in a large excavated pit• SBA foreclosed on mortgage and site transferred to Danzig Holdings, Inc.• Danzig Holdings operated until late 1990’s, then abandoned site. Borough

foreclosed and conducted PAR/SI.• SI uncovered drums – work immediately stopped and new work plan

developed• From 2000 - 2010, Borough used over $3 million of HDSRF to remove source

material, seven USTs (including PCBs), delineate groundwater impact.

New Jersey Future Redevelopment Forum 2016“Navigating Brownfields : Creative Solutions for Problem Sites”

Page 5: NJFuture Redevelopment Forum 2016 Hochreiter

Small-Town RemediationTect-Danzig Site (continued):• In 2008, bifurcated site into publicly-funded GW operable unit and

borough-controlled soil operable unit. A rare site where GW is under State control, while soil is under municipal/LSRP control.

• Borough retained LSRP in 2014 after developer signed 100-year lease (Borough needed to own site for HDSRF support) and implemented soil remedy (VI mitigation; hot-spot SVE; and capping).

• GW impact so severe that remediation will take decades, or longer.• In 2000, USEPA Superfund sought control. Municipality opted to take

control under HDSRF. In 15-years, soil was remediated and site redeveloped. How long would USEPA have taken?

• Ironically, USEPA may return to remediate GW operable unit (interstate plume)

New Jersey Future Redevelopment Forum 2016“Navigating Brownfields : Creative Solutions for Problem Sites”

Page 6: NJFuture Redevelopment Forum 2016 Hochreiter

Small-Town Remediation

New Jersey Future Redevelopment Forum 2016“Navigating Brownfields : Creative Solutions for Problem Sites”

Page 7: NJFuture Redevelopment Forum 2016 Hochreiter

New Jersey Future Redevelopment Forum 2016“Navigating Brownfields : Creative Solutions for Problem Sites”

Page 8: NJFuture Redevelopment Forum 2016 Hochreiter

Large-Scale BDA RemediationPerth Amboy ePort Site:• Focus 2000 designated waterfront development plans under NJ

Redevelopment Law; Redevelopment Agency created – PARA; Executive Director retained; PARA designated redevelopers for each site within redevelopment area.

• Initial site that was used to create BDA in 2007; 105-acre site used for smelting-residuals disposal, lead-paint production, and various other industrial uses dating back to 1880s. BDA twice expanded (2009; 2014) to include additional waterfront areas.

• Mid-2000s PA/SI/RI of three component parts of ePort site. $3.5 million investigation led to RAWP in 2008 (revised May 3, 2012) and implemented by designated developer in 2013 – 2015 (2 years).

• Remediation cost over $30 Million; Over 1 million SF of light industrial/warehouse being built presently. PILOT to City and jobs.

New Jersey Future Redevelopment Forum 2016“Navigating Brownfields : Creative Solutions for Problem Sites”

Page 9: NJFuture Redevelopment Forum 2016 Hochreiter

Former Dutch Boy Buildings

New Jersey Future Redevelopment Forum 2016“Navigating Brownfields : Creative Solutions for Problem Sites”

Page 10: NJFuture Redevelopment Forum 2016 Hochreiter

ePort 100-acre site, post demolition

New Jersey Future Redevelopment Forum 2016“Navigating Brownfields : Creative Solutions for Problem Sites”

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Wrap Up• ePort Perth Amboy is what we typically think of as

Brownfields, however so is Tect, Inc. • Which site posed greatest risk to HH&E?• PA/SI/RI defines the COCs, extent of contamination; RAWP

describes remedial action to be taken.• PA is ‘base of pyramid’ - $ spent here pay huge dividends

later; ASTM AAI Phase 1 is NOT sufficient to initiate NJ ‘Tech Reg’ compliance.

• ‘Field Engineering’ sometimes is best approach for defining and implementing remedy, however financial success of project is based upon how well you know what is on the site.

New Jersey Future Redevelopment Forum 2016“Navigating Brownfields : Creative Solutions for Problem Sites”

Page 12: NJFuture Redevelopment Forum 2016 Hochreiter

New Jersey Future Redevelopment Forum 2016“Navigating Brownfields : Creative Solutions for Problem Sites”