AMC 2016 Track B Session 2 Brownfield Primer: The Elements of Successful Redevelopment

Transcription

1 ` AMC 2016 Track B Session 2 Brownfield Primer: The Elements of Successful Redevelopment Jodi Arndt Labs, Law Firm of Conway, Olejniczak & Jerry S.C., Green Bay David P. Ruetz, GZA GeoEnvironmental Inc, Waukesha Cameron E. Smith, Wisconsin Department of Transportation, Madison Tony S. Wachewicz, III, Davis & Kuelthau S. C., Green Bay Ted A. Warpinski, Friebert, Finerty & St John S.C., Ripon

2 About the Presenters... Jodi Arndt Labs is a shareholder at the Law Firm of, Conway, Olejniczak & Jerry, S.C. Jodi focuses her practice on environmental and employment law issues. She also practices in the areas of real estate law, construction law and mergers and acquisitions. As part of her environmental law practice, Jodi advises business clients on a wide range of environmental and regulatory matters, including due diligence transactions, corporate compliance, application for environmental permits, remediation activities and development of brownfields sites. She also reviews and drafts environmental guidelines and standard operating procedures. Jodi has presented numerous training seminars on environmental issues, and has defended claims under the various environmental laws. Jodi also counsels employers in all aspects of labor and employment law, including litigation of discrimination and non-compete claims in federal and state courts. Jodi graduated with honors from Concordia University in 1994 with a bachelor science degree in management and communications. She then received her J.D. degree from Vermont Law School in 1999, along with a Master of Studies in Environmental Law from Vermont Law School, one of the nation s leading environmental law schools. Jodi is the Past Chair for the Environmental Law Section of the State Bar of Wisconsin. Jodi is also a past President of the Brown County Bar Association. Jodi is very active with one of the nation s oldest conversation organizations, the Izaak Walton League of America. She is currently serving as Chair of the Executive Board for the Izaak Walton League of America. Jodi is also the President of the Brown County Chapter of the Izaak Walton League, as well as the Vice President for the Wisconsin Division of the Izaak Walton League. Jodi has also served on other local non-profit boards including Urban Partnership Community Development Corporation, Baird Creek Preservation Foundation, the Greater Green Bay Earth Week Coalition, and Wisconsin Council of Problem Gambling. She is admitted to practice in both state and federal courts in Wisconsin and is a member of the State of Wisconsin and Brown County Bar Associations. Jodi is also a member of the local Society of Human Resources Management. David Ruetz has over 20 years of environmental experience in a variety of fields, including work as an environmental attorney, the President of an environmental consulting-engineering firm, an Administrative Director of a Governor-appointed Advisory Council, an environmental scientist and an aquatic biologist. As an attorney, he has represented clients regarding environmental due diligence and risk assessment in mergers and acquisitions, and real estate transactions. He has also represented clients in matters involving Superfund (CERCLA), the Clean Water Act (CWA), the Clean Air Act (CAA), the Resource Conservation and Recovery Act (RCRA hazardous waste), the Toxic Substance Control Act (TSCA), the United States Department of Labor, Occupational Safety and Health (OSHA) Act and medical waste, wetlands and water law. He also has presented oral arguments in cases held in both State and U.S. Federal District courts. In addition to his law degree, Mr. Ruetz holds an A.A.S. in Environmental Health Technology, a B.A. in Biology and an M.S. in Environmental Studies. He is currently the Chair of the Milwaukee Bar Association s Environmental Law Section and also serves on the Board of Directors of the State Bar s Environmental Law Section. Cameron E. Smith is an assistant general counsel at the Wisconsin Department of Transportation. He received his bachelors of science in civil engineering from the University of Minnesota (2006), and his law degree from the University of Wisconsin, magna cum laude (2013). Mr. Smith is WisDOT s lead attorney assigned to highway improvement projects in WisDOT s Southeast Region, which includes the Milwaukee metropolitan area. Mr. Smith serves as a board member for the Construction and Public Contract Law Section of the Wisconsin State Bar.

3 Tony S. Waschewicz III, Davis & Kuelthau S.C., Green Bay. Ted A. Warpinski is a shareholder at Friebert, Finerty & St. John, S.C., where he has been practicing environmental law since 1987, with an emphasis on environmental litigation. He has represented individuals, community groups, local governments, Indian tribes, small businesses and large corporations as both plaintiffs and defendants in a wide variety of matters in State and Federal courts across Wisconsin including private cost recovery actions, toxic torts, private nuisance suits, insurance recovery and regulatory enforcement actions.

4 BROWNFIELDS PRIMER JUNE 16, 2016 PRESENTED BY: ATTORNEY JODI ARNDT LABS 2016 Law Firm of Conway, Olejniczak & Jerry, S.C. TITLETOWN DEVELOPMENT DISTRICT 2016 Law Firm of Conway, Olejniczak & Jerry, S.C Law Firm of Conway, Olejniczak & Jerry, S.C. 1

5 2016 Law Firm of Conway, Olejniczak & Jerry, S.C. TITLETOWN DEVELOPMENT DISTRICT Acquisition of Properties Over Several Years Various Environmental Studies Phase I / II Environmental Site Assessments Asbestos Surveys Identified Past Uses Auto Repair Service Centers Gas Stations Dry Cleaner Old Buildings 2016 Law Firm of Conway, Olejniczak & Jerry, S.C. TITLETOWN DEVELOPMENT DISTRICT Identify Potential Issues that could Affect Proposed Development Solvent Contamination Petroleum Contamination Former PECFA / LUST closures Deed Restrictions / GIS Registries Vapor Intrusion Issues 2016 Law Firm of Conway, Olejniczak & Jerry, S.C. 2

6 TITLETOWN DEVELOPMENT DISTRICT Tools to Address Environmental Issues Remediation Agreements with Seller to perform site investigative / remediation activities Escrow Agreements for both buyer and seller conducted remediation activities Partnership with LGUs / Development Agreements Brownfield Site Assessment Grants PECFA Funds 2016 Law Firm of Conway, Olejniczak & Jerry, S.C. CONTACT INFORMATION JODI ARNDT LABS jodi@lcojlaw.com 231 S. Adams Street Green Bay, WI Phone: (920) Law Firm of Conway, Olejniczak & Jerry, S.C. 3

7 BROWNFIELDS PRIMER June 16, 2016 Presented for: State Bar of Wisconsin AMC Presented by: David P. Ruetz, Esq. GZA GeoEnvironmental, Inc. WHAT IS A BROWNFIELD? United States Environmental Protection Agency (USEPA) Brownfield Overview and Definition A brownfield is a property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. Brownfield Overview and Definition found at: overview and definition. ANATOMY OF BROWNFIELDS REDEVELOPMENT 1. Pre Development Identify and refine a redevelopment idea Conduct due diligence Secure access to the property Identify sources of financing Anatomy of Brownfields Redevelopment, USEPA: 1

8 ANATOMY OF BROWNFIELDS REDEVELOPMENT (Cont.) 2. Securing the Deal Contract negotiations Secure financing Establish a Remedial Action Plan Secure the property and formal commitment Anatomy of Brownfields Redevelopment, USEPA: ANATOMY OF BROWNFIELDS REDEVELOPMENT (Cont.) 3. Cleanup and Redevelopment Approvals Cleanup Integrate cleanup and construction Property sale or lease Completion and formal opening Anatomy of Brownfields Redevelopment, USEPA: ANATOMY OF BROWNFIELDS REDEVELOPMENT (Cont.) 4. Property Management Long term operations and maintenance of remedial systems Anatomy of Brownfields Redevelopment, USEPA: 2

9 BROWNFIELDS FUNDING RESOURCES Wisconsin Department of Natural Resources Wisconsin Economic Development Corporation United States Environmental Protection Agency WAM Contractor Services Ready for Reuse Grants Ready for Reuse 0% Interest Loans Brownfield Grant Program Site Assessment Grants Brownfield Assessment Grants (Community Wide, Site Specific and Coalition) Brownfield Revolving Loan Fund Grants (Individual and Coalition) Brownfield Cleanup Grant Brownfields Funding Matrix, Wisconsin Department of Natural Resources (WDNR): WISCONSIN BROWNFIELDS STUDY GROUP 2015 REPORT 1. Proposals (5 Areas) Liability Relief and Property Access Brownfields Tools for Local Government Emerging Technical Issues Financing Renewal Waterfront Brownfields Revitalization 2. Priority Legislative Proposals 3. Priority Administrative Proposals Priorities for the Remediation and Redevelopment Program Priorities for Multiple WDNR Programs Legislative Priorities Legislative Budgetary Priorities Additional Legislative Priorities Brownfields Study Group 2015 Report, WDNR: Presented By: David P. Ruetz, Esq. (262) GZA GeoEnvironmental, Inc Swenson Drive, Suite 150 Waukesha, Wisconsin

10 Presented by Cameron Smith WisDOT Assistant General Counsel State Bar of Wisconsin 2016 Annual Meeting and Conference Brownfield Primer: The Elements of Successful Redevelopment Session B.2. June 16, 2016 This discussion consists solely of the presenter s individual understanding of the material presented and does not represent the policies or positions of the Wisconsin Department of Transportation. 2 WisDOT s Goal: discover and address contamination as early as possible in the project development process. Hazardous material program (HMP) process for assessing and remediating. WisDOT FDM Environmental document (EIS) must contain HMP process results. 3 1

11 Phase Description 1 Hazardous Material Assessment 2 Subsurface Investigation Additional Subsurface Investigation Definition of Extent of Contamination Definition of Extent of Contamination Remediation Planning 4 Implementation of Remediation 4 Contract special provisions to include, if needed: Phase 3 recommendations Hazmat Handling Plan Potential bid items that may be included in general highway contract: Ex & dispose petroleum contamination Construct contamination barriers Contaminated water containment, treatment & disposal Other items may need special remediation Asbestos in raze & remove contracts 5 But, the best-laid plans Standard Spec Contractor identifies abnormal conditions Contractor must cease operations at contamination site, may operate in other areas unless prohibited by engineer Contractor must take actions to prevent further contamination Contractor must dispose lawfully, WisDOT pays for disposal as bid item or extra work if no bid item WisDOT may have to arrange specialty clean up under different contract with a qualified contractor 6 2

12 Other Potentially Applicable Provisions Differing Site Conditions = subsurface or latent physical condition, differing materially from contract. Std. Spec Excusable delay = delay that is unforeseen and unanticipated, and not resulting from Contractor s negligence. Std. Spec Excusable compensable delay = excusable delays caused by WisDOT act/omission. Std. Spec

13 Brownfield Primer- State Bar of Wisconsin Environmental and Administrative & Local Government Sections State Bar of WI Presented by: Anthony S. Wachewicz III Larsen Green Case Study Downtown Green Bay Across the Fox River from Convention Adjacent to Titletown Brewery Historical site Military Reserve Industrial Future? Site Plan - Parcel 1

14 Site Plan - Aerial Site History and Ownership Fort Howard Military Larsen Canning Birds Eye On Broadway, Inc. Guaranty by City of Green Bay City of Green Bay/Redevelopment Authority of City of Green Bay (RDA) Local Government Involvement Acquisition? How? Due Diligence Developer? Work closely with! Professional/Political relationships Assistance, Liaison, Resources 2

15 Local Government Concerns - Legal Considerations Liability Concerns Comprehensive Plan and Zoning Issues Master Plan Authenticity Clean up Costs & Responsibility Document all actions! Local Government Concerns Non-legal Considerations Community Involvement/Input Stakeholder and/or neighborhood Tax base implications Increase or Decrease by development or lack thereof Perception/Projection Eye sore, Blight, continued vacancy or other secondary effects Local Government Considerations- Financial Funding sources Developer and/or Local Government Grants and Loans State: DNR, WEDC Federal: EPA Tax Increment Financing (TIF) 3

16 Local Government Problems Community beliefs and attitudes Public Health issues Lack of interest or Developer options Walmart? Site Holding Costs, lack of tax revenue, etc. Duration, i.e. other vacant sites Site Plan Developer (Proposed) DDL Questions? 4

17 Brownfield Primer Tony Wachewicz (920) S. Washington St., Suite 318 Green Bay, WI