FREQUENTLY ASKED QUESTIONS REGARDING ENVIRONMENTAL COMPLIANCE AT MUNICIPAL FACILITIES

Q:  What options are available to facilitate redevelopment of historic industrial properties in my community?

A:  “Brownfields” are abandoned, idle, or under-used industrial and commercial properties, where expansion or redevelopment is hindered or complicated by real or perceived environmental conditions.  Michigan’s laws provide liability protection for new owners provided proper procedures are followed (see discussion of baseline environmental assessments (BEA) below).  Financial incentives to developers can be provided through tax increment financing and the brownfield redevelopment tax credit.  In addition, grants and loans are available to local units of government through the Michigan Department of Environmental Quality (MDEQ) and United States Environmental Protection Agency (USEPA).

Q:  We’ve taken possession of an industrial property.  What protection do we have against historic contamination of soil and groundwater?

A:  In Michigan , a person or entity (including a municipality) can buy, lease, foreclose, or redevelop contaminated property and not become liable for cleanup of the property if they (1) complete a BEA and (2) disclose it to the MDEQ with subsequent purchasers and transferees of the property.  The purpose of the BEA is to establish the means to distinguish a new release from pre-existing contamination so the new owner or operator is not held liable for responding to releases caused by others. 

Note that there are immediate time frames that must be met in conducting, completing, and disclosing a BEA to the MDEQ. A BEA must be conducted prior to or within 45 days after becoming the owner or operator.  Note that municipalities may have other legal options and protections depending upon how the “take possession” of a property (e.g., eminent domain, tax reversion), which should be discussed with legal counsel.

Q:  We have storage tanks at our DPW facilities.  What is required to prevent my storage tanks from leaking?

A:  Depending on the material stored and size of the tank, an underground storage tank or aboveground storage tank may be regulated under a number of regulations.  Requirements common to these regulations include regular inspection, periodic integrity testing, and provision of security for the tank.  Inspections of the tank during normal operation can be conducted by any qualified person, either an employee at the facility or an outside contractor.  A comprehensive inspection should be conducted at regular intervals (e.g., annually) by a certified tank inspector.  The certified inspector will provide the suggested schedule for integrity testing based on the construction, age, and condition of the tank.  The physical security of the tank should protect it from accidents within the facility and also third party acts (e.g., vandalism).

Q:  We store road salt for use in the winter.  Is my salt storage regulated?

A:  If salt is stored in an amount five tons or more in solid form (1,000 gallons or more in liquid form), the facility is subject to Michigan ’s Part 5 Rules.  Under these rules, facilities storing Polluting Materials are required to prepare and implement a Pollution Incident Prevention Plan, provide containment, conduct surveillance, and report releases to the MDEQ.

Matthew Schroeder, P.E.  Matt assists our clients with a variety of environmental compliance and permitting issues.  He has helped our clients with chemical storage and handling requirements under Spill Prevention Control and Countermeasure Plans, Pollution Incident Prevention Plans, Emergency Response Plans, and Integrated Contingency Plans.  Matt has also provided solutions to air quality compliance issues.  He has performed pollution prevention and waste reduction studies to improve clients’ waste handling practices and reduce operating costs. 

In addition to his environmental permitting and planning activities, Matt has evaluated remedial alternatives and designed treatment systems for soil and groundwater that have been impacted by historic industrial operations.  He has also performed critical peer reviews of remediation plans, hydrologic investigations, data analyses, feasibility studies, and computer modeling applications.  In addition, he has evaluated sites for the application of intrinsic remediation and monitored natural attenuation of both hydrocarbon and chlorinated hydrocarbon impacted soil and groundwater.  

Matt received his B. S. in Civil Engineering and his M. S. in Environmental Engineering from the University of Michigan.  Matt has been a Dragun employee for 10 years.

For additional information, contact Matt at mschroeder@dragun.com.

 Dragun Corporation^© 2007

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