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• Pag.16 PAt1,1S CAI S pt h '+n tea ENVIRONMENT continued from preuiour page sites that are more green than brown and is in the process of being redeveloped cases. environment. move them out into the transactional into a retail shopping center that was This suggested change in MPCA pol- On the Superfund side(Lo"for non- World to better compete with green fleId badly needed by the community. icy has created some uncertainty in the petroleum contaminants),the for is Properties. Part of the reason for the successful transactional world.If deed notations or formalizing the same basic risk-based In addition, sometime in the next development of this site is the fact that restrictive covenants were required,it approach that it had been usin g infor. year,the MPCA hopes to publish risk- the MPCA took into account the actual could have implications for all parties based remediation goals that will allow risks posed to p g molly prior to the"planned use"amend- g P people using the site and to a transaction as such restrictions ment. owners and potential developers actual- to the environment in setting the trite- could affect the value of the property Generally,for each contaminant(sot- ly to calculate the cost of remediating a ria for determining what contamination and the ability of the property to attract vents. PCBs, metals), the MPCA is Property to a specified use.This will needed to be remediated and the stan. financing. In these cases, the parties identifying the pathways by which the have several consequences. dard to be used in the remediation. will need to evaluate whether the possi- specified contaminant may migrate,and First,it will help land owners better As a result of this risk-based ble lower costs of a limited cleanup out- the human and environmental ate a determine a price for brownfield sites. approach,the MPCA will require some balance this possible effect. tors" (industrial workers, residential Often, these properties have been sold soil remediation,but will not require Summary users,children,fish,etc.)that may be too cheaply because the cost of the that the groundwater at the site be reme- MPCA's "formalization" of risk- users,c it the contaminant.It is then remediation is not known,and the worst dialed as it might have several years ago based assessment and remediation will working toward setting general risk- is feared. under the stricter "non-degradation" Second,it should lower the develop- standard.The extra cost of gundwater based remediation goals that can be lion costs of remediating actions.lIt has the potential r to lead to and develop- cleanu would have been considerable. less costly assessments of brownfields, modified in specific cases for different P planned uses. ing brownfields,because it will remove Similarly, under the risk-based reduced transactional costs and remedi- What does this mean for brownfields? many of the costs associated with nego- approach to cleanup, the MPCA is ations which reflect the actual risk of The continued movement toward tiating remediation standards.Finally,it allowing some contaminated soils to the proposed use of the site. risk-based assessment and remediation will streamline the time frame for reme- stay on site,although institutional con- In certain cases,however,the devel- standards can only help brownfields. diating many brownfields,thus allow- trols may be used to prevent these soils oper or buyer(or even the seller)might The MPCA has recently issued Draft ing brownfields to compete more readi- from being disturbed. ly with greenfields when timing is an want to remediate the site to an unlim- Site Screening Evaluation Guidelines as g Caveat emptor iced use to avoid a deed restriction or part of its overall development of the issue. For certain projects,there may be a another form of institutional control. Risk Based Site Evaluation Manual. The"Northeast Retail Site"located in price to using this new risk-based Even in these cases, however, the When finalized,these guidelines will northeast Minneapolis is an example of approach and remediating to a specific increased certainty and reduced time help brownfield property owners and how the use of risk-based assessment use.There is the possibility that the line for the remediation will benefit help b ers fi quickly determine with and remediation standards can positive- MPCA may require institutional con- brownfields development. P q y ( ly affect development of a brownfield trols to make sure that if a contaminant Martha Brand is an attorney at relative certainty and low transaction site.The Northeast site is the location is remediated to an industrial use,the Leonard, Street and Deinard, Min- costs)which contaminants found at a of the former Johnson Street Quarry use of the property does not change to neapolis,where she specializes in env i- site are at such low levels that future Dump.The wastes at this site include residential.The MPCA has released a ronmental law. investigation and remediation of these municipal contaminants will not be required.With P garbage and -demolition draft policy paper on the use o i comment,data,owners and developers will debris,abandoned drums,and petrolil which controls for internal comment, be able to remove the stigma from those um,solvent and PCB contaminated soil. which reportedly would require the use Yet,despite this contamination,the sift of deed restrictions in at least some •