May 2, 2017
KY Brownfield Redevelopment Program: After the Concurrence Letter
POSTED BYKaren Thompson, P.G.
The KY Brownfield Redevelopment & Reuse Program provides a frame work for businesses to redevelop or use property that is contaminated with confidence that they will not incur liability for contamination they did not cause. The Kentucky Legislature enacted the program under KRS 224.1-415 in 2012. Since then numerous businesses have received letters of concurrence from the State on properties that have been redeveloped or put back into use. We are five years into the program and both the businesses and the State are happy with the outcome. But, as with any program, you need to measure success not just in the number of participants, but in compliance with the program. So, the State will begin auditing participants.
As part of the application process to receive concurrence from the State, the property owner is charged with developing a Property Management Plan or PMP. The PMP describes the contaminants of concern, the known or suspected location of contaminants, how the property is to be used, and how the owner will operate and maintain the property to minimize any exposure or spreading of contamination at the site.
The approved PMP serves as the mechanism to stay in compliance with the program. Not following your PMP could cause you to lose the State’s concurrence on your non-liability status for the property – potentially making you a responsible party for cleanup or creating a responsibility to characterize the site.
What are some things you could do to make sure you stay in the program?
- Have a copy of the final approved PMP readily accessible at the property or close by.
- Read your PMP!
- If you are not following the plan, start!
- If the PMP is out of date, have it updated and submitted to the State for approval.
- If you are required to make notifications, perform inspections, or document work, make sure you have documented all activities and file it with your PMP.
- If in doubt about something in your PMP, call and clarify.
Karen Thompson, CHMM, PG, is the Manager of Environmental Services at Smith Management Group. She can be reached at firstname.lastname@example.org.