Brownfield Property Redevelopment
The scarcity of developable land within cities and the desire to cleanup and use contaminated sites in general has led to a dramatic rise in the redevelopment of so-called “Brownfield” property. The essential first steps in such redevelopment, of course, are an environmental assessment of the property and the creation of a remediation plan.
 
The Payne Firm has extensive project and program experience with brownfield assessment and remediation in Ohio and other states. John Payne, the Firm’s founder and president, served on Ohio’s Committee for Sufficient Evidence during the development of the State’s Voluntary Action Program (VAP) rules; he has also participated in ongoing VAP educational programs. The Payne Firm’s Operations Manager, Donald Fay, serves on the Brownfields Financial Partnership committee formed to promote financial incentives for applying the VAP to brownfields properties and has also participated in ongoing VAP educational programs.
 
The Payne Firm’s work on behalf of clients has led to the attainment of four Covenants Not-to-Sue from the Ohio VAP with the submittal of four No Further Action letters. Active implementation of the VAP is ongoing at seven properties in Ohio, with several screenings of properties for eligibility, appropriateness, and cost-effectiveness of VAP implementation.
 
Participation in the VAP can be expensive and time consuming, and is not appropriate for every project. We have worked on numerous projects where the objective was to parallel VAP standards without actually entering the program. The following projects are representative of our experience in Brownfields inside and outside of the VAP program.

 
Shopping Center, Cincinnati, Ohio
The property is the location of commercial shopping center that was developed over former ravines used for historical disposal of spent foundry sand. A No Further Action letter and risk assessment demonstrated that existing engineering controls under the commercial land use scenario are protective of human health and the environment for residual soil and ground water contamination (metals, semi-volatile and volatile organic compounds) at the property. An Operation and Maintenance Agreement between the property owner and Ohio EPA ensures maintenance of the controls at the property. An Ohio VAP Covenant Not-to-Sue was received in January, 1998.

 
Former Dry Cleaning Property, Butler County, Ohio
A former dry cleaning property with ten former underground storage tanks (USTs) was taken through the VAP. An eligibility issue with the Bureau of Underground Storage Tank Regulations (BUSTR) was first resolved so that VAP implementation could proceed. A VAP Phase I Property Assessment has been performed and Phase II sampling was completed. Residual soil and ground water contamination consisting primarily of volatile organic compounds was addressed through risk assessment and engineering/institutional controls. The Covenant Not-to-Sue was received in December, 1999

 
Industrial Manufacturing Facility, Louisville, Kentucky
The Payne Firm has assisted in developing and implementing a comprehensive decommissioning and redevelopment strategy for a 100 year-old, plumbing manufacturing complex. Phase I and Phase II assessments, along with building decontamination and demolition, have allowed portions of the site to be sold and redeveloped. The remaining portions of the site are being readied for sale through risk assessment, management plans, and targeted remediation.

 
City of Lawrenceburg, Indiana
The municipality was assisted with environmental issues associated with the redevelopment of four city blocks in the downtown business district. Phase I and Phase II assessments were completed for the properties. The Payne Firm also assisted in managing pre-demolition asbestos abatement, tank removals, and other required environmental activities.