Southwest: Policy
 

Brownfield Renewal

Southwest: Policy

Arizona
Within the Arizona Dept. of Environmental Quality´s Voluntary Remediation Program/Cleanups, property owners, prospective purchasers and other interested parties can investigate or clean up a contaminated site in cooperation with ADEQ. VRP results in a streamlined process for program participants, who work with a single point of contact at ADEQ to address applicable cross-program remediation efforts. ADEQ reviews voluntary remedial actions and provides a closure document for successful site remediation that is accepted by all relevant ADEQ programs. Anyone can participate in VRP except those conducting: Remedial activities subject to corrective action at or closure of a facility, as defined in A.R.S. § 49-921(2), which has qualified for hazardous waste interim status, or to which a hazardous waste permit has been issued pursuant to A.R.S. § 49-922; Remedial activities pursuant to a written agreement between the applicant and the director;  Remedial activities subject to a judicial judgment or decree; Remedial activities required by an administrative order issued by the director prior to the submission of a VRP application; Remedial activities pursuant to a judicial action filed and served by the state prior to the submission of a VRP application; Remedial activities at a site listed on or proposed to be listed on the WQARF Registry; Corrective actions being taken pertaining to a regulated underground storage tank (UST) pursuant to A.R.S. § 49-1005, unless a waiver of state assurance fund reimbursement is completed.


California
The  Polanco Act portion of the California Redevelopment Law is available for parties to clean up parcels contaminated by hazardous materials. The act allows Redevelopment Agencies to compel responsible parties to remediate or to allow an agency to remediate on their behalf.  It also allows the agency to pass on environmental immunities to end users who might otherwise fear the liabilities associated with brownfields.


New Mexico
In 1999, the New Mexico Environment Department (NMED) introduced the Voluntary Remediation Program (VRP), intended to promote the voluntary cleanup of contaminated properties. The VRP is intended to encourage redevelopment of contaminated sites (i.e., brownfields) by providing a streamlined, non-punitive remediation process. Brownfields definition is that of abandoned, idled or underutilized industrial or commercial sites, where expansion or reuse is complicated by real or perceived environmental contamination. Although inner city images may come to mind, in a largely rural state such as New Mexico many sites meeting this definition are in rural locations.

Municipality-owned brownfields are eligible for low-interest loans from Clean Water State Revolving Fund. EPA-capitalized brownfields Cleanup Revolving Loan Fund (RLF) makes low-interest loans available to developers and municipalities for site cleanup activities. To be eligible for a voluntary remediation agreement an applicant must: 1) own the site; 2) operate a facility located on the site; 3) be a prospective owner of the site; or 4) be a prospective operator of a facility at the site. If the applicant is not the site owner, permission must be granted in writing by the site owner for site to be entered into the VRP.


Oklahoma
The Brownfields Program provides a means for private parties and government entities to voluntarily investigate and, if warranted, clean up properties that may be contaminated by pollution. The brownfield process includes a Memorandum of Agreement and Consent Order (MACO) for Site Characterization as well as a Consent Order for Remediation. The formal Brownfields Program provides specific state liability relief, and protects the property from federal Superfund actions. The legislative or program site eligibility requirements for Brownfields Program are as follows: Ineligible parties are those who are responsible for corrective action on the real property under an EPA order or agreement; are not in substantial compliance with a final state, federal, or court order relating to the management of pollution; or demonstrate a pattern of uncorrected non-compliance.  


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