Engineering Aspects of Brownfields Redevelopment and Site Closure in the City of Fort Myers

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1 2007 Florida Brownfields Conference Engineering, Legal, and Political Aspects of Brownfields Redevelopment and Site Closure in the City of Fort Myers Richard Lewis, Ph.D., P.E., BCEE HSA Engineers & Scientists Amanda Brock, Esq. Henderson, Franklin, Starnes & Holt, P.A. Mayor Jim Humphrey City of Fort Myers November 7 to 9, 2007 Engineering Aspects of Brownfields Redevelopment and Site Closure in the City of Fort Myers Richard Lewis, Ph.D., P.E., BCEE Principal Engineer HSA Engineers & Scientists A Member of the CRA Family of Companies 1520 Royal Palm Square Blvd, Suite 260 Fort Myers, FL

2 Site Chronology 1924 to 1959 Site utilized as a manufactured gas plant The City made gas for heating/lighting from coal 1990 s Coal tar that was detected at the site was assessed Impacted soil was placed in a mound, fenced, and covered 1999 to 2001 City has designated this site as a Brownfield area (April 1999) Site obtained the BSRA agreement (March 2001) 2001 to 2004 Final assessment work accepted by the FDEP Remediation completed Monitoring period commenced NFA letter issued (June 2004) Assessment Results Soil and Groundwater Impacts Detected All impacts are contained on-site Gasoline-like compounds (BTEX) Primarily located under the pavement and in groundwater Diesel/oil-like compounds (PAHs) Primarily located in the soil pile and in groundwater Primarily taste and odor concern in groundwater Lead Primarily located in the soil pile No community health hazards existed at the site 2

3 Soil Impacts PAH BTEX Soil Stockpile GROUNDWATER IMPACTS PAH BTEX GW Flow 3

4 Groundwater Sampling /04 27 Wells 11 DPs DPs & 9 new Wells ASSESSMENT RESULTS Public Participation Critical to success of remedial activity Site had been high profile Local councilwoman involved Numerous meetings held Issues Truck Route and Dust Mango Tree Air Monitoring 4

5 Remedial Effort Approximately 10,000 tons of soil was removed Soil/Groundwater was treated for one year by dual- phase, bio-venting, and bioremediation An institutional control was implemented on soil and groundwater for residual impacts Cost savings was approximately $2 Million (as estimated by the City) Site is one of the first Brownfields sites to close as well as one of the first MGPs in Florida to close Case Studies 5

6 Legal Aspects of Brownfields Redevelopment and Site Closure in the City of Fort Myers Amanda Brock, Esq. Henderson, Franklin, Starnes & Holt, P.A Monroe Street Fort Myers, FL The Basics Local government designates site as a Brownfield by resolution in April 1999 (F.S ) City of Fort Myers Resolution No Local government designates PRFBSR City of Fort Myers is both in this case PRFBSR and DEP enter into BSRA City of Fort Myers & DEP signed 3/9/01 PRFBSR commences, with DEP oversight, site cleanup activities PRFBSR gets NFA letter from DEP 6

7 Brownfield Site Rehabilitation Agreements F.S (5) outlines BSRA requirements Rehabilitation schedule Professional engineer certification Compliance with Quality Assurance Rules Compliance with F.S Timelines for DEP review Site access Commitment to pollution prevention measures Local government on-board Flexibility Brownfield Site Rehabilitation Agreements DEP provides a model BSRA on-line at Once a BSRA is in place, triggers F.A.C Pay attention to Notice waste/quick_topics/public requirements of F.A.C. ations/wc/brownfields/pro cesses/model.doc BSRA will establish DEP City of Fort Myers entered notice requirements into BSRA with DEP on Off-site contamination March 9, 2001, also requires actual notice within 10 days from date of available on-line (BSRA discovery to Div. of Waste #BF ) Management 7

8 Getting to Risk Based Corrective Action NFA RBCA BSA F.A.C allows for site-specific resolutions to achieve common goals Institutional controls Engineering controls Natural attenuation monitoring plans Institutional Controls Defined in both F.S (10) and F.A.C (25), identical The restriction on use of or access to a site to eliminate or minimize exposure to contaminants. F.S (10) Examples: Deed restrictions Restrictive covenants Conservation easements Think PAPER 8

9 Engineering Controls Defined in both F.S (8) and F.A.C (20), slight differences Statute: [M]odifications to a site to reduce or eliminate the potential for exposure to contaminants. Rule: [U]se of existing features (such as buildings) or modifications to a site to reduce or eliminate the potential for migration of, or exposure to, contaminants. Engineering Controls Examples: Physical or hydraulic control measures Capping Point-of-use treatments Slurry walls Think Physical Restraints! 9

10 Control Requirements Formal Requirements: F.S (1)(d) allows for the use of ICs & ECs where appropriate to eliminate or control the potential exposure to contaminants of humans or the environment. Use of controls must be preapproved by DEP after constructive notice and opportunity to comment within 30 days from receipt of notice is provided to local governments and to owners/residents of any property into which the point of compliance is allowed to extend. When ICs or ECs are implemented to control exposure, the removal of the controls must have prior approval from DEP and must be accompanied by the resumption of active cleanup, or other approved controls, unless cleanup target levels have been achieved. Creative Solutions: Combining ICs and ECs This site used a combination of ICs and ECs for groundwater and soil to achieve closure: ECs: Capping ICs: Deed restrictions 10

11 Enough of the law On to the Money! State Incentives DEP Tax Cleanup Credits Liability Protection Office of Tourism & Trade Loan Guarantee Program Dept. of Revenue Tax Exemption Federal Incentives Federal Tax Deduction Technical Assistance to Brownfields Communities Grant opportunities Assessment grants Revolving Loan Fund Cleanup grants Job Training grants Political Aspects of Brownfields Redevelopment and Site Closure in the City of Fort Myers Mayor Jim Humphrey Mayor's Office The City of Fort Myers P.O. Drawer 2217 Fort Myers, FL

12 Fort Myers: A Committed City Articulated Brownfields Policy To provide assistance and incentives to public and private landowners and businesses to facilitate the environmental cleanup and reuse of contaminated urban property Awarded Brownfield Assessment Demonstration Community Grant $169,000 to formulate and administer a Brownfield Redevelopment Program and conduct environmental site assessments on selected sites Creation of Brownfields Advisory Board 7 members appointed by City Council to advise on site identification and rehabilitation Managing Stakeholders Private Sector Local Government State Government Community Interests Identify Concerns Government Balance Interests Communicate! Private Sector Community Interests 12

13 Open Lines of Communication Key to success is communication, achieved by several avenues: Held town hall meetings to inform community and listen to concerns Maintained good relationship with local press to ensure accurate reporting Kept private sector and government lines of communication open Happy Endings End of the day Previously unsightly property now restored Forged mutually beneficial relationships between private sector, government, and community, earning trust Saved citizens $2m 13

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