A brownfield is “real property that is either contaminated or has the perception of being contaminated.” T here are specific steps to take to address a brownfield or hazardous property in your community.
Understand Your Liabilities
First determine if you are a protected against a liability as a potentially responsible party for contamination on the property. This is governed by CERCLA, or the Comprehensive Environmental Response, Compensation and Liability Act—otherwise known as “Superfund.” Under CERCLA, which is established by the U.S. Environmental Protection Agency (US EPA), parties can be held liable for cleaning up hazardous substances at properties that they either currently own or operate or owned or operated in the past. Strict liability under CERCLA means that liability for environmental contamination may be assigned based solely on property ownership.
In order to demonstrate protection against such liability, you must establish that you are:
- An innocent landowner
- A contiguous property owner
- A bona fide prospective purchaser, or
- A government entity that acquired the property involuntarily through bankruptcy, tax delinquency, or abandonment, or by exercising power of eminent domain.
Download a fact sheet that explains CERCLA more in depth, or visit the US EPA webpage to learn more about this process, including guidelines on hiring an environmental professional.
Common Elements Reference Sheet
This sheet provides further guidance on the first 3 types of land owner/prospective
purchaser listed above, including continuing obligations criteria, and what steps
to take to maintain proof of liability.
What Environmental Assessments Do I Need?
In order to establish that you are protected against liabilities associated with a contaminated property, and to apply for an EPA brownfield grant, you must go through the All Appropriate Inquiries (AAI) process, also known as Phase One assessment. The process includes investigation by an established environmental professional, interviews of current and past owners and occupants, and review of historical records.
Get an overview of AAI from the US EPA, or select one of the tools below for more details.
AAI Fact Sheet
This sheet defines the AAI process, specifies what activities are required, and
defines who qualifies as an environmental professional.
AAI Rules and Checklist
A written report is required to submit to the AAI process and apply for a brownfield
grant. This document includes a checklist for the 4 requirements.
AAI Reporting and Suggested Content
Although there is no specific format, length or structure for the written report,
you must include the required content. This sheet offers detailed suggestions for
what information to include in order to achieve a thorough investigation.
Stakeholders Guide to AAI
The AAI rule can help ensure that environmental protection accompanies
property redevelopment, and it’s useful to include the public in the process. This
guide helps explain the implications of AAI. Although written after the rule was
passed, it offers relevant insights.
Volunteer Remediation Program
The
Volunteer Remediation Program was established through the Voluntary
Remediation and Redevelopment Act to encourage companies, communities, and other
stakeholders to voluntarily remediate sites and return them to productive use
so that the undeveloped land can remain pristine. Visit this page for
more information on the Volunteer Remediation Program.
West Virginia Brownfields Assistance Centers
For more information relating to brownfields, please refer to the
West Virginia Brownfields Assistance Centers website.