This is the third post in a series of four assessing the current state of brownfield redevelopment in the State of Ohio. This third post will evaluate the progress Ohio has made in the last twenty years with regard to addressing brownfields.
Current Options for Addressing Environmental Liability
As discussed extensively in the prior posts
This second post in the series discussing brownfield redevelopment in Ohio will provide an overview of the extent and nature of Ohio’s brownfield problem. First, the post will discuss Ohio’s progress in spurring brownfield versus greenfield redevelopment. Second, the post will provide an overview of public information regarding the number of brownfields in Ohio
Two weeks ago I participated in the Ohio Brownfields Conference in Columbus, Ohio. 2016 marks the twentieth (20th) anniversary of Ohio’s Voluntary Action Program (VAP) which is implemented by Ohio EPA and is the primary regulatory program for cleanup of brownfields.
To mark the anniversary, Ohio EPA encouraged presenters to reflect on the success
The Ohio Development Services Agency has announced that it is now accepting application for the Abandoned Gas Station Cleanup Grant Program. Eligible activities include $100,000 for assessment and up to $500,000 for cleanup.
The program targets abandoned gas stations and cleanup of underground storage tanks (UST). To be eligible, the tank must be
This Fall the Ohio Development Services Agency (ODSA) announced program implementation details for the newly created $20 million dollar Abandoned Service Station Fund. ODSA sent out an announcement to contacts that it would likely begin accepting applications winter, however, to date the ODSA has yet to begin accepting applications. ODSA developed the program in conjunction
Attorney General Mike DeWine should be commended for putting together a comprehensive manual regarding legal issues, resources and incentives available to assist with economic development. The manual is called the 2015 Ohio Economic Development Manual.
The Attorney General collaborated with a number of state agencies and local economic development organizations in putting together
In a novel case, the Court of Appeals (Second District Montgomery County) held that Ohio EPA had no duty to disclose knowledge of contamination to a buyer of a contaminated property, even though the Agency had records in its files documenting additional contamination. See, Ohio v. Republic Envrtl. Sys. (Ohio), Inc., 2015 WL 5783650 (Ohio
A key issue in brownfield redevelopment relates to proper valuation of property that is contaminated. As discussed below, Ohio does recognize that contamination is a relevant factor that should be considered in determining a properties value. However, other than recognizing it is a relevant factor, Ohio has failed to develop a consistent and reasonable
I previously posted about the new $20 million dollar cleanup fund created to address old gas stations. The fund with be operated by the Ohio Development Services Agency (ODSA).
The fund will provide up to $100,00 for sampling and $500,000 for cleanup of abandoned gas stations or underground storage tanks that are classified
As part of the 2016-2017 Operating Budget for the Ohio Development Services Agency (ODSA), a new $20 million dollar cleanup fund was created in House Bill 64 to address old gas stations around the state. The money came from remaining Clean Ohio funds.
Abandoned or defunct service stations have always fallen through the cracks