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Brownfields

Introduction

Brownfields are underutilized properties where reuse is hindered by the actual or suspected presence of pollution/contamination. Cleanup and redevelopment of these sites benefits the environment and communities by eliminating pollution/contamination problems, allowing economic growth, and revitalizing neighborhoods. The North Coast Region has been involved in brownfield cleanup and redevelopment for over 10 years.

This Brownfields web page is intended to provide an overview of the Board’s brownfields programs and assist the public in completing successful brownfields redevelopment projects.

Table of Contents

News and Upcoming Events

  • None at this time

Regulatory Programs and Tools

Two of the Regional Board's programs are closely involved in brownfields cleanups:

  • The Site Cleanup Program offers a voluntary cleanup program where project proponents receive technical oversight and regulatory review of investigation and cleanup plans. Staff oversight costs incurred by the Regional Board are reimbursed by the party pursuing the cleanup. The outcome of the SLIC program process may range from a No Further Action (NFA) letter indicating cleanup is complete with no land-use restrictions, to the design and implementation of a remedial system.

  • Petroleum Underground Storage Tank (UST) sites are addressed by the Regional Board’s Underground Storage Tank Program. Many brownfields in the region have actual or suspected pollution/contamination from leaking USTs. Investigation and cleanup of these sites is undertaken under Regional Board oversight and, in some cases, oversight by a local agency. Many UST sites, including brownfields, are eligible for reimbursement of investigation and cleanup costs through the Underground Storage Tank Cleanup Fund.

Brownfield MOA

The Regional Water Quality Control Boards (Regional Boards) and the Department of Toxic Substances Control (DTSC) have the authority to regulate cleanup of polluted/contaminated sites in California. In order to improve coordination between the agencies on oversight of brownfields cleanups, a Memorandum of Agreement (MOA) was signed in February 2005. The MOA describes the process and considerations used to determine the appropriate lead agency for a particular brownfield site. Anyone requesting oversight from the Regional Board or DTSC for a brownfield site must submit an application to the Regional Board or DTSC with enough site information to allow the agencies to determine the appropriate lead agency.

Screening Levels

  • California Human Health Screening Levels

    The Office of Environmental Health Hazard Assessment has developed California Human Health Screening Levels (CHHSLs) for 54 commonly encountered hazardous substances. The CHHSLs address direct exposure to soil and potential vapor intrusion into buildings. As discussed in the guidance document, the CHHSLs do not address all potential environmental concerns that may be present at sites where contaminated soil and groundwater are identified. Evaluation of additional concerns (e.g., protection of water resources or wildlife) must be carried out separately.
  • Water Quality Goals

    The Central Valley Regional Water Board has summarized water quality standards and criteria from a variety of sources in “A Compilation of Water Quality Goals.” The water quality limits and explanatory material in this document may be used to determine whether concentrations of chemical constituents in groundwater or surface water could impair various beneficial uses of these water resources, i.e., constitute “pollution”.

Liability Relief

  • California Land Reuse and Revitalization Act of 2004 (CLRRA) The California Land Reuse and Revitalization Act of 2004 (AB 389, Montanez), effective January 1, 2005, provides liability protections to brownfield developers, innocent landowners and contiguous property owners which are intended to promote the cleanup and redevelopment of blighted contaminated properties. The bill establishes a process for eligible property owners to obtain the immunities, conduct a site assessment and implement a response action, if necessary, to ensure that the property is ready for reuse. Further information, including fact sheets and an application, are available.
  • Prospective Purchaser Agreements and Comfort Letters
  • Polanco Act

    The Polanco Redevelopment Act (AB 3193, Chapter 1113, Statutes of 1990, Polanco), part of the Community Redevelopment Act, was enacted to assist redevelopment agencies in responding to brownfield properties in their redevelopment areas. It prescribes processes for redevelopment agencies to follow when cleaning up a hazardous substance release in a redevelopment project area. It also provides immunity from liability for redevelopment agencies and subsequent property purchasers for sites cleaned up under a cleanup plan approved by DTSC or a Regional Board. The Polanco Redevelopment Act has become a widely used tool by redevelopment agencies to guide and pursue redevelopment of brownfields.

Financial Assistance

  • Underground Storage Tank Cleanup Fund

    Federal and state laws require every owner and operator of a petroleum underground storage tank (UST) to maintain financial responsibility to pay for any damages arising from their tank operations.

    The Barry Keene Underground Storage Tank Cleanup Fund Act of 1989 is administered by the State Water Resources Control Board to provide a means for petroleum UST owners and operators to meet the federal and state requirements. The Fund also assists a large number of small businesses and individuals by providing reimbursement for unexpected and catastrophic expenses associated with the cleanup of leaking petroleum USTs, including those at brownfield sites.

    In addition, the Fund also provides money to the Regional Water Quality Control Boards and local regulatory agencies to abate emergency situations or to cleanup abandoned sites that pose a threat to human health, safety, and the environment, as a result of a petroleum release from a UST.

  • Targeted Site Investigation

    For FY 2004-05, DTSC has been awarded $1.5 million in federal funds from the U.S. Environmental Protection Agency to fund activities that will encourage brownfields redevelopment. One of these new activities is the Targeted Site Investigation, which will provide funds for DTSC and the Regional Water Quality Control Boards to perform environmental site investigations at no cost to the applicant. The TSI funds are intended to provide state and local governments, school districts, redevelopment agencies, or non-profit organizations an opportunity to gain more information about a site's condition, which can directly affect decisions on property acquisition or cleanup strategy.

  • U.S. Environmental Protection Agency Grants

    Tribal, state, and local governments are eligible to apply for funding to inventory, assess, conduct planning and community involvement activities, and cleanup related to brownfield sites. EPA can also provide communities and nonprofit organizations with environmental assessment services at brownfield properties with redevelopment potential.

    • Brownfields Sites

    • GeoTracker

      Information regarding sites undergoing cleanup under the oversight of the Regional Board is available in the statewide GeoTracker database.

    Contact Information

    Tuck Vath (707) 576-2699
    Dave Evans (707)576-2703
    Craig Hunt (707 570-3767

    Additional Resources

    (Updated 7/20/05 )