Brownfields Advisory Committee (BAC)

DNREC’s New CastleField Office

391 Lukens Drive

New Castle, Delaware

September12, 2008*

Meeting Minutes

Attendees: / DNREC
Walt Bryan, Del-Mar Consulting / Stephen Johnson
Todd Coomes, Richards Layton & Finger / Melissa Leckie
Angelo Fatiga, Pennoni Assoc. / Jim Poling
Jeff Flairty, CABE / Tim Ratsep
Kathy Fox, EA Engineering / Alex Rittberg
Clay Greer, Ten Bears / Qazi Salahuddin
Stephanie Hansen, YCST / Kathy Stiller-Banning
Tom Kovach, Parkowski, Guerke, Swayze / Jim Werner
Alfred Lance, Wilmington Office of Eco. Dev. / Paul Will
June MacArtor / Christina Wirtz
Harry Monck, DelEASI
Jim Neal, DelEASI
Bill Smith, Environmental Alliance / DOJ
Pat Todd, League of Women Voters / Keith Brady
Chris Whallon, Duffield

*Note handouts from theSeptember12meeting are available online at:

Introductions and Opening Remarks–Jim Wernerwelcomed members and provided updates on approval for hiring, Title V fee money, Metachem transfer legislation and the Blue Water bill. Kathy Stiller-Banning mentioned that SIRB was moving forward on enforcement for several sites.

Approval of Minutesfrom May9Meeting –The meeting minutes were approved.

Update on Brownfields Grants – Kathy indicated that $6.4 million in Brownfields grants was awarded in FY08, and that SIRB had disbursed $900,000 to date for FY09 (since July 1). Kathy also discussed the status of the Memorandum of Agreement with the Division of Water Resources Financial Assistance Branch (FAB) for the EPA Revolving Loan Fund awarded to SIRB in 2006. SIRB has three loans waiting to be disbursed from the Revolving Loan Fund. The Brownfields Revolving Loan Fund guide is available on the BAC website (see handouts for May 9 at: or the SIRB Brownfields website at:

Jim Poling discussed the University of Delaware’seconomic study on Brownfields forSIRB, and the expected March or April ’09 completion date. The study will be similar to the one that the U of D did on the Wilmington Riverfront. The Riverfront study is available at:

Chris Whallon asked what the scope of benefits would include - would NRDA be included or just capital and tax investment, and job creation? Jim Werner indicated that it will help support DNREC’s HSCA program, especially if we move more benefits downstate. Jim cautioned that we cannot wait until 2015, when the tax is up for reauthorization, to build support for it.

Brownfields Development Flow Chart and Templates – Qazi Salahuddin presented the updated flow chart including the BAC comments from the May meeting. Pat Todd recommended adding the 20-day public comment/hearing periods. Qazi and Melissa Leckie will put the flow chart on SIRB’s Brownfields webpage and include hyperlinks to the referenced documents and templates within the chart.Adding the timing on environmental covenants was also discussed. Stephanie Hansen indicated that the covenants were case-specific, and that based on her questions at a recent conference in Boston, other states were not even looking at this. Bill Smith added that the lien holder signature should be added to the chart, as the time involved in obtaining signature(s) can be significant for large real estate deals.

Brownfield SubcommitteesReport Outs:

  • BrownfieldsFinancingSubcommittee–

-Tom Kovach discussedoptions for post-remedial Operations and Maintenance (O&M) costs including a Trust Fund, escrow funding (privately), Brownfields Grant funding, contributions to a fund managed by DNRECor included in the HSCA fund, or roll-up in the Certification of Completion of Remedy or other type of agreement that it is the owner’s responsibility.Chris indicated that it could be handled similarly to closure of a solid waste landfill. O&M is part of the remedy; therefore, there should be financial assurance, which has been around for awhile. Jeff Flairty suggested looking at the ISRA process in NJ. Kathy added that our fiscal branch doesn’t like escrow accounts. Steve Johnson cautioned that landfills are waste sites and Brownfields sites should not be considered the same. We should be more careful of the O&M requirements imposed on sites. Todd Coomes asked which question werewe really asking: 1) Could O&M be funded by Brownfields grant funding, or2) How do we guarantee long-term stewardship costs? Chris Whallon indicated that the question on Brownfields grant funding for O&M costs is a bit mute, as there is usually no money left at the end of the project. Stephanie suggested that a bond would be appropriate. Tom volunteered to review LTS within the subcommittee and frame the issuesfor the BAC at the next meeting on 11/14.

-Jim Werner signed the policy amendment to the HSCA Policy for Brownfields Grants (July 2004 cutoff for Brownfieldsvs.Voluntary Cleanup Program). A 30-day notification period will be implemented for the effective date of the policy amendment, especially for nonprofits.

-Jim Werneralso signed the Start Action Notice for the new HSCA regulations.

  • Brownfields Outreach and Education Subcommittee –Jeff Flairty provided an update on the survey, which is ready for distribution. Jim Wernerasked that Jeff and Robert Newsome sendit to him for distribution from his office or the Office of the Secretary. Jim asked Kathy for a draft cover letter to go with it.

Brownfields Slide Presentation –Christina Wirtz showed slides depicting before and after Brownfields sites. The photos were taken by Jim Poling and others including Howard Street, Justison Landing, Lippincott and Habitat for Humanity. Chris Whallon included slides of a number of unusual occurrences at Brownfield sites.

Update on Brownfields Inventory – Christina Wirtz provided information on Phase I of the in-house Brownfields Inventory and asked for comments before the next meeting, especially on query or “report” options. Christina will send an e-mail listing the current options, with a request for other suggestions.Alex asked for reporting by tax parcel number. Harry Monck offered to provide three binders with TetraTech’s Brownfields inventory. Tom Kovach indicated that just having a database would be very helpful, as requests continue to come up.Once Phase I is completed, Phase II - the public interface - will be developed.

Public Comments/Open Forum–Nocomments were received.

Next Meeting –Thenext BAC meeting will be held onNovember 14, 2008 at Lukens Drive. Note: members should feel free to share their experiences on Brownfields projects and bring in a slide or two for the group. Before and after pictures would be greatly appreciated for public outreach purposes.

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