Brownfield land

March 21, 2013

Tampa metals recycler hopes for grant to help fund site cleanup

Source: Tampa Tribune, March 17, 2013
Posted on: http://envfpn.advisen.com

An East Tampa scrap yard is in line to become the city’s latest industrial site targeted for environmental cleanup.

Trademark Metals Recycling LLC has asked the city and state to designate property it owns in an industrial zone east of Ybor City as a brownfield. The designation opens up federal and state coffers for cleanup and redevelopment of contaminated land.

Trademark attorney Michael R. Goldstein said his clients plan to clean up the former Gulf Coast Metals site using the help of state brownfield tax credits. The property will continue to operate as an aluminum furnace, melting cast-off cans and other materials for resale.

The brownfield program will help clean up the property and expand operations, adding both jobs and taxes to the local economy, Goldstein said.

“We’re going to spend not an insignificant amount of money improving the site,” Goldstein said.

The Tampa City Council has set two public hearings on the brownfield request, at 6 p.m. April 11 and 10:30 a.m. May 2. Both hearings will be in Old City Hall’s council chambers downtown.

Tampa has 25 brownfield sites already. The list includes many, such as the Ikea site off State Road 60, that have been redeveloped. Outside the city, Hillsborough County has 14 more brownfields, according to the state Department of Environmental Protection.…

July 5, 2012

The “Third Party Defense” to Petroleum Clean-Up Liability Under Florida Law Is Eliminated by Buyer’s Knowledge of Pre-Existing Contamination

Source: JDSupra, July 3, 2012
By: Trenam Kemker Attorneys

A recent decision of the Florida 1st District Court of Appeal has held[1] that a landowner who purchased commercial property with known existing underground petroleum contamination failed to qualify for both the so-called “Innocent Purchaser Defense” and the “Acts of Third Parties” defenses to liability under the Florida Pollution Discharge Prevention and Control Act (PDPCA).[2] Although one might have guessed this outcome, since under the facts of the case the buyer actually knew about the contamination before purchasing the property, the failure of the “Acts of Third Parties” defense under the PDPCA actually wasn’t quite so clear. What does this mean to our clients in the real estate industry?

Let’s begin with some overview. The PDPCA is a strict liability statute; that is, if a covered petroleum or dry-cleaning solvent discharge is found on or under the surface of real property, then, absent a defense to liability under the statute, the landowner is liable for the costs of assessment and clean-up, whether or not the landowner caused the contamination or knew it existed. [3]

Since many Florida commercial sites, especially service stations and shopping centers, are contaminated with petroleum or dry-cleaning solvents, in 1992 the Florida Legislature created a potential defense to the harsh consequences of the PDPCA by enacting an amendment creating the so-called “Innocent Purchaser Defense.”[4] The defense allows the purchaser of a contaminated petroleum or drycleaning site to escape strict liability under the statute if it can show that it (1) acquired title to property contaminated by the activities of a previous owner, operator, or third party; (2) did not cause or contribute to the discharge; and (3) did not know of the polluting condition at the time it acquired title after conducting an appropriate inquiry.…

August 1, 2011

Brownfields Bloom In Seattle

Source: Dow Jones News Service, July 25, 2011
Posted on: http://envfpn.advisen.com

(From THE WALL STREET JOURNAL)

Seattle has become a hotbed for cleaning up abandoned — and often contaminated — industrial sites known as brownfields and redeveloping them for office buildings, shopping centers and other uses.

Such large-scale cleanups could be replicated elsewhere as local governments seek ways to attract development and speed their communities’ recovery from the recession. But these projects aren’t easy, or cheap.

Seattle’s brownfield boom is centered around the once-decaying South Lake Union district, where 6.4 million square feet of office, retail and residential space have been built on reclaimed properties since 2004, city officials estimate. Much of the work has been done by Microsoft Corp. co-founder Paul Allen’s Vulcan Inc., which says it has redeveloped 21 sites on about 60 acres in the district, including construction of a new headquarters for Amazon.com.

Brian Surratt, Seattle’s business-development director, said so much development went into the district that it helped cushion Seattle during the last recession. “This was one of the bright spots,” he said.…

July 1, 2011

Environmental Contractor – Petroleum

Acknowledgement to Great American Environmental Division

While performing soil removal activities at a Brownfield project the accidentally broke an abandoned underground petroleum pipeline with their excavator. Product was released causing extensive contamination. The contractor was held responsible for the cost to remove the pooled petroleum, the contaminated soil and to confirm that groundwater had not been impacted.…

February 7, 2011

Great American’s Environmental Division Named as a Selected Insurance Carrier for the Massachusetts BRAC Program

Acknowledgment to Great American

Great American Insurance Group’s Environmental Division is pleased to announce that it has been named as a Selected Insurance Carrier for the Massachusetts Brownfield Redevelopment Access to Capital (“BRAC”) Program by the Massachusetts Business Development Corporation.

The BRAC Program promotes access to private sources of loan and investment capital for the cleanup and development of Brownfields. To help facilitate such development, the program works with selected insurance carriers to provide environmental liability coverage for investors and lenders considering Brownfield projects.

Great American’s environmental insurance policies have been thoroughly reviewed and approved for use by the BRAC Program’s administrators. In addition, Great American has developed a unique endorsement for use with the program which provides additional state-specific benefits to entities developing Brownfield sites in Massachusetts.…

September 21, 2010

Contractor Breaks Petroleum Pipeline

Acknowledgement to Great American

While performing soil removal activities at a Brownfield project the contractor accidentally broke an abandoned underground petroleum pipeline with their excavator. Product was released causing extensive contamination. The contractor was held responsible for the cost to remove the pooled petroleum, the contaminated soil and to confirm that groundwater had not been impacted.…

September 3, 2010

Petroleum Soil Contamination Discovered at Brownfield Site

Acknowledgement to Great American

A municipality purchased a former manufacturing facility as part of a larger Brownfield re-development project. After taking control of the property and beginning the project, the municipality discovered an old tank was missed during due diligence. Soil samples taken from the tank pit were impacted with petroleum. The area had to be over excavated and additional costs were incurred to properly dispose of the soils.…

September 1, 2010

The Risks of Renewable Energy Projects

Acknowledgement to Zurich

A successful renewable energy project starts with a thorough risk analysis, along with an enterprise risk management program for the long run.

Renewable energy developments on brownfield or other contaminated land is one of the fastest growing sectors of the U.S. economy.

The EPA estimates that there are up to 490,000 sites and 15 million acres of contaminated property in the U.S. that could be redeveloped for renewable energy projects such as wind, solar, biomass, geothermal and hydropower.

Renewable energy developments pose exciting possibilities, but it’s critical to be aware of the potential pitfalls. Whether you’re building wind turbines on a brownfield or installing solar panels on an abandoned landfill, you need to be sure these risks are addressed in your general liability and site liability pollution insurance. Read more about recent renewable energy projects on contaminated sites along with their emerging risks.…

July 26, 2010

XL’s Pollution and Remediation Legal Liability Policy

Real estate owners, developers, and investors face many issues during property transactions. The expectation is that these properties will provide a profitable income. However, a pollution condition can wipe out any development or investment monies in a nanosecond. That’s why the real estate community relies on XL’s Pollution and Remediation Legal Liability (PARLL) policy.

XL can provide unique and flexible coverages and risk transfer products for mergers and acquisitions, property transactions, Brownfields, BRACS/Closed Military Bases and other forms of real estate.…