LSPs - The Link Between Green and Brown

 

 

In September 2007, an article in a Massachusetts newspaper read: “Brownfield may turn green: Area once devastated by burning tires could be home to state-of-the art YMCA.” This is the kind of story we all want to read about, with a happy ending for the environment; and it contains two high-impact buzzwords that are driving more and more real estate development in the Commonwealth these days: green and brownfield.

 

In fact, there’s been an important meeting of these two environmental movements throughout the country: Sustainable Development and Brownfields Redevelopment. But, in Massachusetts, there’s a very important link between these programs: the Privatized Waste Site Cleanup Program of 1993 (Licensed Site Professionals).

 

 

Because of difficulties and cost associated with remediation of contaminated sites, the development community has routinely bypassed brownfields sites in favor suburban locales, which has caused the nation’s limited open space to diminish.

On August 5, 1998 Governor Cellucci signed into law the "Brownfields Act", and created new incentives to encourage the cleanup and redevelopment of contaminated property in Massachusetts. This Act provides financial incentives and liability relief to attract new investment in these properties while ensuring compliance with Massachusetts environmental regulations.

New England urban communities blighted with brownfields have been trying to balance growth with open space and parks. Dozens of abandoned or contaminated properties and acres of valuable urban lands in NE are now controlled by communities where residents enjoy open space, waterfront parks, and bikeways.

 

But, there is a very important link between these two programs of Green Space and Brownfields in Massachusetts, a link that is included in the Commonwealth’s Brownfields Toolbox that has been recently touted – the Licensed Site Professional. And that link is strengthened by regulations of the Massachusetts Contingency Plan.

 

 The LSP Privatized Program

 

The privatized Waste Site Cleanup and Licensed Site Professional program is one of the key innovative programs available in Massachusetts to help Brownfields become success stories. In order for a Brownfield to be a success story, environmental solutions must be selected and implemented by a Licensed Site Professional, and the solutions depend on the site’s history.

 

The incentives created by the Massachusetts Brownfields Act, combined with the Commonwealth’s Privatized Cleanup Program, help parties identify environmental issues while limiting their liability and partially funding the cleanup. Furthermore, the Privatized Waste Site Cleanup Program is designed to allow cleanups to proceed rapidly under the guidance of a Licensed Site Professional. In most cases, there is no requirement for state regulatory review prior to initiating work. Since the cleanup program is privatized, instead of MassDEP overseeing all phases of cleanup, the state relies on Licensed Site Professionals to oversee this work according to state cleanup regulations. From 34,312 release notifications that have been made to MassDEP through July 2006, 29,377 cleanups have been completed.

 

 

Massachusetts has a risk-based cleanup program that offers a choice of chemical-specific approach with numerical standards, or a cumulative-risk approach based on site specific information. There are certain regulations that were added to the MCP under the Brownfields Act, to serve as tools to parties interested in pursing development of Brownfields. Certain owners and operators are exempt from liability for contamination that has migrated onto their property, and may be eligible for Downgradient Property Status if they have had no connection with the property that contains the source of the contamination and they did not cause or contribute to the contamination. Property owners and operators of contaminated property may place deed restrictions on the future use of the site in order to maintain a level of No Significant Risk. These restrictions are known as Activity and Use Limitations (AULs). Under the Brownfields Act, owners and operators can continue to use AULs to maintain a level of No Significant Risk.

 

 

Sustainable development and smartgrowth are environmental causes that matter today, and both have been enhanced by successful brownfields development. Massachusetts has created innovative programs to assist in moving these projects forward, and in conjunction with the Privatized Waste Site Cleanup Program and LSPs, the incentives lead to identifying environmental issues, limiting liability, and funding the brownfields cleanup. The work done by Licensed Site Professionals with developers and the Commonwealth has also made a significant contribution to Environmental Justice, by cleaning up these contaminated sites that exist in urban areas and reducing potential exposure to children.