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  • 27 Mar 2020 1:47 PM | Anonymous member (Administrator)

    By Jamey Stynchula, PG, LSRP, Senior Project Manager  GEI Consultants, Inc. 

    Most construction sites require import or export of fill material. Projects in dense urban areas like the City of Philadelphia, typically have excavations that span the entire footprint of a site and leave little room for staging of soil. Therefore, it is critical to have the export/import fill material properly characterized in accordance with Pennsylvania’s regulations prior to the start of a project. This allows for direct loading in or out of a site to avoid double handling and potential schedule delays.

    Under Pennsylvania regulations a person placing solid waste onto the ground is generally required to obtain a permit under the Solid Waste Management Act (SWMA) (35 P.S. §§ 6018.101 – 6018.1003). A person is not required to obtain a permit under SWMA if the person can demonstrate that the material qualifies as clean fill in accordance with the municipal and residual waste regulations. The Management of Fill Policy (“Policy”) defines the materials that qualify as ''fill'' and provides procedures for determining whether fill is ''clean fill,'' as defined in the municipal and residual waste regulations or ''regulated fill,'' as defined in the Policy.

    The Pennsylvania Department of Environmental Protection (PADEP) implemented the Policy 2004 with some revisions in 2010. Amendments to the Policy were proposed in 2014 in response to questions and comments received over nearly a decade. These proposed amendments were published on November 10, 2018 in The Pennsylvania Bulletin (48 Pa.B. 7176). After a period of public response, which closed in January 2019, the revised Policy was published in November 2019. On January 1, 2020 the changes to the Policy went into effect.

    The changes impact how fill is characterized, imported, and exported from project sites under the SWMA. Some of the significant changes include the following:

    • The Policy directly references the applicable numeric limits of regulated substances from 25 Pa. Code Chapter 250 (“Act 2”) and eliminate Tables FP-1a (organic constituents) and FP-1b (metals and inorganic constituents) from the Policy. Future revisions to the numeric limits in Chapter 250 will be automatically updated and included in the Policy. This is significant as the Act 2 standards are now revised roughly every three years and several of the standards for compounds are orders of magnitude lower than the previous Clean Fill Criteria.
    • The requirement that Historic Fill be treated as regulated fill has been relaxed. Historic Fill may now be considered clean fill if it meets certain criteria (i.e., free of coal ash and slag). This may help reduce soil disposal costs significantly at some sites, especially in urban areas where historic fill is common.
    • Procedures for making a fill determination have been updated to clearly identify the steps necessary to perform environmental due diligence. This will include clarifications to the procedures for performing analytical testing, if required. Guidance on developing a sampling plan that meets the data quality objectives required by the PADEP is proposed and include sampling instructions and protocol for fill contained in piles and fill that is sampled in-situ.
    • Updates to the requirements for filing forms and obtaining required approvals prior to transporting fill from one site to another are provided. A Section G in Appendix A provides a mechanism for demonstrating that an observed exceedance of a numeric limit is due to background at the donor site.
    • In some cases, investigations of a receiving site may be required to ensure that no new regulated substances are placed on the receiving site other than those that are already determined to be present and that the concentrations of regulated substances in the donor fill have been compared to the concentration of the same regulated substances at the receiving site.

    The changes to the Policy have the potential to impact project budgets and schedules. To avoid project delays and cost overruns, early communication between the design engineer and the environmental consultant is a good idea.  Sites typically have a Phase I ESA that can support due diligence under the Policy.  Most Phase I ESAs trigger a Phase II ESA, in which environmental soil samples are collected and analyzed. Many times, this information isn’t communicated to the whole project team.  Having a fill determination under the Policy in the early stages of a project is important so cost considerations can be accounted for in the project design and a plan can be developed for implementing the Policy.  If you are a contractor bidding the project be sure to ask questions so that your bid reflects costs and scheduling to meet the regulatory requirements.

    The revised technical guidance document is available on the Department of Environmental Protection's (Department) web site at http://www.elibrary.dep.state.pa.us/dsweb/HomePage. Response to public questions and comments have also been posted to PADEP’s webite. Developers, contractors, engineers, and consultants will need to be vigilant in the future to keep pace with the Policy changes.

  • 02 Mar 2020 11:43 AM | Anonymous member (Administrator)

    By Colleen Kokas, Environmental Liability Transfer

    BCONE hosted its quarterly Environmental Regulatory Roundtable at the Skylark in Edison over coffee and a hearty breakfast.  Here is an overview of the topics discussed on that early Tuesday morning.  

    EDA Brownfield Initiatives

    Brownfield Center.  The New Jersey Economic Development Authority (NJEDA) Board of Directors today approved a memorandum of understanding (MOU) with the New Jersey Institute of Technology (NJIT) to establish the NJ Brownfields Center at NJIT (Brownfields Center). The Brownfields Center will provide a variety of technical assistance and resources to assist New Jersey communities with the process of transforming their brownfield sites into community assets.  

    The Brownfields Center at NJIT will expand upon these efforts to offer similar assistance to communities beyond the twelve CCI municipalities, as well as providing additional tools to all brownfield communities in New Jersey. The Center will provide guidance and resources to county and local government entities to help them overcome  challenges and navigate the brownfield redevelopment process, as well as educate and engage communities around brownfield issues. Under the terms of the agreement approved today, the NJEDA will provide $200,000 to launch the Brownfields Center and NJIT will provide quarterly updates on the use of funds and progress in communities receiving assistance. 

    Brownfield Loans.  NJEDA is creating a Brownfields Loan Program to provide financing to potential brownfield site purchasers and current brownfield site owners (including local government redevelopers) that intend to develop commercial, retail, mixed-use developments, expansions or reuses.  The foundation for creating this loan program is that financial resources are hard to obtain for certain activities, such as demolition.  This fund is anticipated to fill that void.  

    Parties responsible for contamination of brownfield site, related to party responsible for contamination of brownfield site, or parties that have indemnified a responsible party or a party related to a responsible party are not eligible for the Brownfields Loan Program.

    NJBIA Environment & Energy Committee Meeting 

    Some BCONE members attended a recent meeting of the NJ Business and Industry Association’s Environment and Energy Policy Committee.  An overview was provided of the many activities that are underway as a result of the issuance of the Energy Master Plan.  

    Energy Master Plan. The Energy Master Plan was released on January 27, 2020, and outlines key strategies to reach the Administration’s goal of 100 percent clean energy by 2050.  The details of how to reach that goal will be further defined by subsequent executive and administrative order, regulations and guidance.  

    Executive Order 100.  Governor Murphy signed EO 100 to direct the advancement of the initiatives in the Energy Master Plan.  NJDEP is required to institute regulatory reforms, branded as Protecting Against Climate Threats (PACT), to reduce emissions and adapt to climate change. With this executive action, New Jersey is the first state in the nation to pursue such a comprehensive and aggressive suite of climate change regulation.

    PACT.  There are a number of specific tasks for NJDEP to complete within specified timeframes, including:

    • A greenhouse gas monitoring and reporting program to identify all significant sources of GHG emissions;
    • Establish criteria to reduce certain short-lived carbon dioxide emissions, such as hydroflorocarbons, black carbon and methane;
    • Integrate climate change considerations, such as sea level rise into its regulatory and permitting programs;
    • Identification (through Administrative Order) of regulations that require updates;

    Administrative Order 2020-01.  In January 2020, NJDEP Commissioner McCabe signed an administrative order that provides an overview of the tasks the Department will be taking in its efforts to meet the clean energy goals of the EMP.  AO 2020-01 primarily identified timeframes within which the activities outlined in above would be completed.  Of note in AO 2020-01 is the completion to incorporate climate change considerations into all relevant grant, loan and contracting programs implemented by the Department by January 27, 2021.

    To keep abreast of all the work underway to achieve the goals established by PACT, including numerous stakeholder meetings, NJDEP has established a website at https://www.nj.gov/dep/njpact.

    Amendments to A-901 Program

    A recent bill (S-1683) was passed in January 2020, that requires licensure of those that engage in, or that otherwise provide recycled soil and fill recycling services. On the surface, it may appear that this may not impact you. But the legislation is far reaching. “Soil and fill recycling services” is defined as “the collection, transportation, processing, brokering, storage, purchase, sale or disposition of soil and fill recyclable material.” “Soil and fill recycling services materials” is defined as “non-putrescible aggregate substitutes,” such as “broken or crushed brick, block, concrete, or other similar manufactured materials; soil or soil that may contain aggregate substitute or other debris or material, generated from land clearing, excavation, demolition, or redevelopment activities that would otherwise be managed as solid waste, and that may be returned to the economic mainstream in the form of raw materials for further processing or for use as fill material.”

    “Soil and fill recyclable materials” does not include: (1) Class A recyclable material; (2) Class B recyclable material, that is shipped to a Class B recycling center approved by the DEP for receipt, storage, processing, or transfer; (3) beneficial use material for which the generator has obtained prior approval from the DEP to transport to an approved and designated destination, and (4) virgin quarry products including, but not limited to, rock, stone, gravel, sand, clay and other mined products. 

    Now it’s up to you to determine whether this applies to the work you conduct.  If you think you may be effected, you must register your business with NJDEP by April 20, 2020.  The registration will be followed by a lengthy licensing process that could begin as early as October 2020.  To register, go to https://www.nj.gov/dep/dshw/a901/a901frms.htm

    For the full language of the bill, go to https://www.njleg.state.nj.us/2018/Bills/AL19/397_.PDF

  • 29 Aug 2019 6:00 PM | Anonymous member (Administrator)

    By Steve Dwyer 

    Officials in Plainfield, Conn. are being schooled. And as they are, they’re hoping that the guidance leads to the creation of a local land bank and subsequent redevelopment of a long-abandoned mill property in the community.

    Officials are using a compelling report to attract both cleanup money and developers to what’s currently a “burned-out” site. The community of Plainfield this summer was busy assessing how to best proceed with an environmental cleanup game plan at the former InterRoyal Mill property, with the assistance of a university-sponsored report dubbed the “Summary of Existing Environmental Conditions and Remedial Suggestions.” 

    Compiled by students and staff at the University of Connecticut’s geo-environmental engineering course—part of the brownfield assessment initiative—the draft was rich with new examinations of the InterRoyal Mill property, with UConn assessments combined with previously reported data from a 2016 assessment conducted by a separate party. 

    BCONE members know well how the university located in Storrs has made a strong commitment to best-practices brownfields: Witness the work conducted within UConn’s CT Brownfields Initiative (CBI) that draws in students across engineering, environmental, geology, real estate and consulting fields of study.  

    It’s this commitment that saw a team of four UConn CBI students earn the second Charlie Bartsch Brownfield Scholarship award in early 2019. The award was established by BCONE to honor the legacy of Bartsch, the renaissance brownfield specialist who passed in 2017.

    The winning team of four students had been assigned to the town of Stafford, Conn. But, the CBI work transcends what was gleaned in Stafford. CBI students also performance environmental assessment duties in the towns of Clinton, Groton and Manchester.

    Oh, and Plainfield too, which brings us back to the report summarizing the conditions at the 16-acre InterRoyal property. The document offered suggestions on remediation work recommended for potential private developers to take under advisement and then move the ball forward on an environmental cleanup plan. 

    “This is information we need to apply for more state or federal grant money,” said Plainfield First Selectwoman Cathy Tendrich. “It’s also the type of information companies ask us for when they call about developing the property.”

    The 25-page UConn summary identifies 19 “areas of concern,” or AOCs, including waste paint sludge deposits, asbestos-impregnated basement areas, stagnant reservoir pools and old petroleum tanks. Those areas were noted in previous assessments as containing contaminated soil or groundwater.

    The report pegged 10 of the AOCs for further investigation through sampling, screening and other testing. Those studies are estimated to cost roughly $70,000.

    The report found remediation work is needed in at least 11 AOCs, work which would include soil evacuation, de-watering work and reservoir filling.

    The question on how to address the InterRoyal property has been a sticking point for local leaders for years, even before a 2005 fire swept through the site. The 16.6-acre site houses a burned-out structure framed by dense overgrowth where soil and ground water has absorbed pools of caustic chemicals and whose infrastructure is riddled with asbestos, lead paint and mercury.

    ″(The site) has been subject to more than 20 environmental investigations, actions and removals of hazardous substances in the last 30 years,” the report states.

    First Selectwoman Tendrich said despite the slow pace of cleanup at the property, the town regularly fields calls from potential developers about the mill.

    According to a local news report, Tendrich and Planning & Zoning Supervisor Mary Ann Chinatti are hoping a plan to create a new “Eastern Connecticut Land Bank” will offer a clear way to come up with the $8 to $11 million cleanup price tag. “Under that plan, the nonprofit land bank would essentially take over the property listing and solicit private and foundation donations and grants for remediation,” Chinatti said. “Once the property is cleaned, it can come back to us or to developers.”

    The proposed land bank needs to clear several hurdles before it’s created, the local news report states. “For something like this, that covers brownfields across Eastern Connecticut, you need, among other things, an IRS authorization, letters of support from two local municipalities and be designated a 501c3 nonprofit,” Chinatti said. “And it needs to be certified from the Department of Economic Community Development.”

    Chinatti said forming such a land bank doesn’t preclude a private entity from coming in first and developing the property independently. “Once that mill property is developed, that leads to downtown revitalization,” she said.

    Donate to the Charlie Bartsch Brownfield Scholarship Fund

  • 22 Jul 2019 5:37 PM | Anonymous member (Administrator)

    by Sam Bojarski, Sewickley Herald (PA)

    An advisory council composed of regional stakeholders are meeting to determine the future of the former Shenango Coke Works on Neville Island. Operations ceased on the 50-acre development in early 2016.

    With the help of grant funding, the nonprofit Delta Institute is facilitating the Shenango Reimagined Advisory Council. The volunteer body consists of local leaders who will craft guiding principles and use public input to guide future use of the brownfield site. The property is currently owned by DTE Energy.

    For the entire article, see


  • 09 Jul 2019 3:18 PM | Anonymous member (Administrator)

    By Chelsea Barnes, Roanoke Times (VA)

    On a clear day, from the perch of Flag Rock Overlook in Southwest Virginia, you can take in the view of the city of Norton and miles and miles of mountain ridges. The thousands of acres of former surface mines also visible from this vista illustrate the legacy of coal, and present environmental challenges for surrounding communities in a region grappling with high unemployment rates, declining populations, and an opioid epidemic.

    After more than 100 years of mining, it’s clear coal is not coming back to Appalachia as the economic force it once was. The need to fully restore and reclaim these mountain mine lands has never been greater. As the nation’s energy landscape continues rapidly shifting, we could give these mines new life with clean energy technology, spurring job growth and giving our region new hope for a bright future in the 21st century.

    For the entire column, see


  • 09 Jul 2019 3:16 PM | Anonymous member (Administrator)

    by Jesse J. Smith, Hudson Valley One (NY)

    Newly installed County Executive Pat Ryan said this week that a proposed solar array in Saugerties and an executive order he issued calling on county government to be 100 percent dependent on renewable energy by 2030 are concrete steps in his campaign trail pledge for a “Green New Deal” for Ulster County.

    Ryan, who took office on June 7 made the announcement at a ceremony Tuesday at the County Office Building in Uptown Kingston.’

    “We are at this decisive moment in our country and of course in our county. On the one side we face a clearly existential climate crisis,” said Ryan, addressing representatives of local environmental groups and reporters. “On the other side we have this huge opportunity in that crisis … to lean into our green and environmental consciousness and be at epicenter of this emerging green economy that’s happening and gaining momentum.”

    For the entire article, see


  • 03 Jun 2019 3:12 PM | Anonymous member (Administrator)

    By Steve Dwyer

    Maybe this is the most fitting epitaph: He was teaching, mentoring, exhorting and encouraging future urban redevelopment students right to the end. Typical Charlie Bartsch.  

    Often answering to “Uncle” from friends and family, Charles Bartsch left us in January 2018. And Dean Jeffery Telego remembers an occurrence not long before his passing of a prime teaching moment about his personal and professional friend. 

    “Charlie’s ability and desire to spend time with young students was awe-inspiring. He was leaving once on an international trip (not long before his passing) and was spending time with students right there at Union Station, going over what they needed to know about financing a piece of a brownfield development,” says Telego, president of RTM Communications Inc. & Risk Management Technologies Inc. in Bethesda, Md., who met Charlie in the early 1990s. 

    The BCONE Charlie Bartsch Memorial Scholarship just selected Danielle Gardner and Kathryn Kavanagh for its third scholarship award and distributed $500 each to Dani and Katie from Lafayette University in PA. They produced the winning Phase 1 Report in the Civil Engineering course entitled Environmental Site Assessment (ESA). One thing Charlie would have loved about this program is the fact that it’s a spot-on way to keep his memory alive, as he was so immersed in academia. 

    So was the scholarship that was distributed to a group of students from The University of Connecticut (UCONN). The four students -- Connor Oakes, Chris Falk, Matthew McKenna, and Caressa Wakeman -- participated in UCONN’s CT Brownfields Initiative (CBI), Dept. of Civil & Environmental Engineering -- a program tethered directly to the study of this specialized field. The four were awarded $500 each, to be allocated toward tuition fees -- and Charlie would probably have awarded them a heftier sum! 

    The first-ever scholarship to honor Charlie was awarded to Rutgers-Newark student, Ethan Siegenthaler.  Ethan, a geology major,  completed a more traditional scholarship application with an essay that won the BCONE scholarship committee over: it described the impact on his decision to major in geology on both family trips to upstate New York, hiking mountains and closely observing rock formation and their outcroppings and Rutgers-Newark class trips to witness some of the most environmentally-compromised brownfield sites in the country.

    Indeed, Charlie was a professor, author, and mentor to many students from around the world. What was written about him following his untimely passing was this: “Charlie went about his business with passion and proficiency, he built a career with numerous organizations and the Environmental Protection Agency creating and consulting sustainable policies domestic and abroad. Known as an avid international explorer, there were few corners of the world he had yet to discover. From now defunct Soviet Blocs and ancient Khmer ruins to back alley South American markets, Charlie made it a point to climb the highest peaks and touch people's hearts his entire way. His intelligence, want for adventure and generosity knew no bounds.”

    Sums it all up quite well, doesn’t it? Well, there’s far more. 

    I personally “met” Charlie for the first time in 2008, on a speakerphone during a day-long editorial board meeting in Chicago to plan an editorial schedule for the newly launched Brownfield Renewal magazine, of which Charlie served as a board member that included members spanning all fields of brownfield disciplines. Little did I realize that Charlie also specialized in all fields of this industry. He knew all the disparate pieces cold. 

    Truth be told: At the day-long meeting, he had been calling from The Beltway -- or maybe it was Brussels or Bangkok. It was never quite certain. Even from afar, his was the biggest and most influential voice, presence, in the conference room of very accomplished people. 

    Moving forward, we had a chance to chat occasionally when his calendar permitted about what was the “most important thing readers needed to know this month” about the ebbs and flows of the always-changing, mercurial brownfields industry. He knew all aspects and angles cold. His insights were invariably fresh and ultra-relevant -- no, make that prescient as Charlie paced one step ahead of the game.  

    Jeff Telego, who is also a retired co-founder and executive co-director of the Environmental Bankers Association, tells me that the most appropriate collection of adjectives to define Charlie’s essence starts with “bull-dogged tenacity.” Continue with “renaissance professional who blended many diverse areas of specialization, beginning with his economic vision,” Jeff says. 

    Telego regards Charlie’s commitment to students a legacy of new “renaissance students” who could move ahead more confidently in brownfield practice because they can better navigate the complex brownfield “machinery” -- not just a single or double aspect so as to operate in a solo. 

    “Being a renaissance student means having an affinity to blend economics, land use planning, risk management, finance, environmental management and engineering. What I loved doing with Charlie was the integration process of all these different disciplines,” Jeff told me last month. 

    Jeff Telego met Charlie in 1991, and they began to attend national industry conferences to evangelize on how attendees could “learn about managing and transferring environmental risk, including the nuts and bolts about risk-based cleanups and liability buyouts -- and how this all worked from city to city, as each metro area had different circumstances,” Jeff says. 

    He recalls the way Charlie was one of the pioneering people to greatly comprehend the relevance of the public-private partnership, its critical importance to getting brownfield projects off the ground and taken to the finish line. The tax increment financing (TIF) concept was another where Charlie was ahead of the curve, able to break down all its moving parts for those who needed to become immersed in it to succeed. 

    The term “sustainability” is one making the rounds these days. Charlie understood “sustainability” before it was cool, such as the dynamics behind a green and sustainable site cleanup -- to enhance and enrich an element rather than take away from it, deplete it. 

    Jeff Telego says this type of concept is one that appeals to millennials and Gen Xers, who are “wedded with the idea of doing more with less, becoming entirely energy efficient. Kids are returning to urban settings to live, work and play, and seeking comfort defined across several criteria, starting with LEED-certified, energy-efficient buildings. Charlie knew that all these instruments work in tandem.”

    Charlie was a master of comprehending the many vagaries of financing tools: New market tax credits, TIF financing, activation of the RLF (revolving loan fund) and how, say, a manufacturing sector can be a key recipient target of these funds. This has become so vital within the community development endgame: The financing overlays required to bring brownfield projects to fruition, Jeff points out.  

    With the emerging Opportunity Zone concept becoming the newest “flavor of the month,” Jeff wonders aloud how his friend might have had a field day to better champion it, put in his two cents and effect serious impacts. 

    “Charlie and I became kindred spirits, demonstrated with areas like debt financing and equity financing roles to fund projects. There was a time (prior to the market bubble of 2008-09) when many local community banks were eager to build their marketing reputation as the banks that finance brownfields.”

    Students need to be able to tap squarely into these “renaissance,” multi-faceted pillars to see future brownfields through. They also need access to college curriculums that provides more study on sustainable development and need to understand how broad and unwieldy the brownfield market is, develop a firm handle on land use planning tools, both Jeff and I agreed. 

    “Charlie could articulate all of the puzzle pieces to turn around a former Ford assembly plant just as fluently as he could discuss the necessities for a site with underground storage tanks. He had an affinity to build support for the brownfields industry and help ensure that the word got out about what needed to be done to bring projects to fruition,” Jeff concludes. 

    Uncle Charlie would probably say that there’s still much work to be done to that end—and that the current students-as-brownfield-practitioners of tomorrow have a golden opportunity to make a difference.  

  • 29 Mar 2019 2:02 PM | Anonymous member (Administrator)

    A children’s park and a soccer field will soon replace an industrial brownfield, formerly site of the Scientific Glass Factory in Bloomfield, that residents have seen as an eyesore for years. You can read more about this project in this article on NJ.com >> https://www.nj.com/essex/2019/03/nj-town-is-turning-a-former-glass-factory-into-a-waterfront-park.html

  • 27 Mar 2019 4:33 PM | Anonymous member (Administrator)

    By Gwen Chamberlain, Penn Yan Chronicle-Express (NY)

    “Beyond frustrating.” That’s how Keuka Moorings developer Chris Iversen describes attempts to get State Attorney General office approval for the Condominium Offering Plan that must be in place to begin marketing the units planned for the former Penn Yan Marine Manufacturing property off Mace Street.

    Iversen has reached out to Penn Yan Village and Yates County officials for their support in the form of letters to the AG’s office for the project, which has been stalled for over a year while Keuka Outlet Development seeks approval.

    Iversen says the only way a brownfield clean-up site can be redeveloped for residential purposes is for condominiums, according to requirements set forth by another state agency, the Department of Environmental Conservation.

    For the entire article, see


  • 25 Mar 2019 11:43 AM | Anonymous member (Administrator)

    EIN Presswire

    Long View Forest, Inc. and Encore Renewable Energy announced today the commissioning of a 745 kilowattpeak (kWp) community solar array on three acres at the new Long View headquarters and woodyard on Ferry Road in Hartland, VT. The project is on a 28-acre remediated “brownfield” property formerly used as a saw mill and lumber treatment facility. Brownfields, because of prior environmental contamination, are deemed prime solar sites under Vermont regulations. 

    The project is expected to produce approximately 900,000 kWh per year, enough to power approximately 125 homes annually. Long View, an employee-owned forest management and contracting company, selected Encore as its turnkey partner to develop and construct the project based on Encore’s proven track record of reclaiming undervalued real estate for community-scale solar photovoltaic (PV) systems. 

    Mascoma Bank, a local leader in sustainability, provided the debt-financing for the project and entered into a long-term agreement to purchase the net metering credits generated by the project. The project first generated electricity in December, and is now generating savings for Mascoma as well as the Montshire Museum of Science located in Norwich, VT. Together, Mascoma and the Montshire Museum of Science will realize approximately $700,000 of savings on their electricity bills over the 25-year term of the 

    For the entire release, see


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