FAQs

Frequently Asked Questions (FAQs)

Q.      Do we have to have known contaminated sites in order to designate a Brownfields Area?
Q.     Can a Brownfields Area be designated without including every site in the defined area?
Q.     Does a Brownfields designation automatically allow for cleanup funds to be accessed if contamination is found during assessment?
Q.     Does a Brownfields designation protect the owner of a site from future liability when, through assessments, they learn of existing contamination on the site?
Q.     What is the difference between a designated Brownfields Area and a Brownfields Site?
Q.     Do we have to have community approval to designate a Brownfields site or area?
Q.     How do we decide whether we want to designate a Brownfields Site or a Brownfields Area?
Q.     How do we go about finding and selecting a qualified environmental consulting firm?
Q.     Where can we get help in developing our grant proposal?
Q.     Why is it so important to conduct community outreach programs?
       

Q.     Do we have to have known contaminated sites in order to designate a Brownfields Area?
A.     No. A Brownfields Area does not in any way imply contamination. Brownfields are defined as real properties that may be contaminated or could merely have the perception of contamination. The environmental status of sites within a Brownfields Area can only be evaluated by environmental assessments.

Q.     Can a Brownfields Area be designated without including every site in the defined area?
A.     Yes. The Brownfields program allows for owners who do not wish their property to be included as a Brownfields to ‘opt out.’ Of course the official description of the   Brownfields Area would have to delineate the boundaries of the excluded area.

Q.     Does a Brownfields designation automatically allow for cleanup funds to be accessed if contamination is found during assessment?
A.     No. There are federal cleanup funds available for Brownfield sites, but they have to be applied for during the regular application cycle as a separate grant proposal. Cleanup grants are very site specific and among the criteria for obtaining these funds are: the site must be owned by a municipality or non-profit organization and the applicant shall not have contributed to the contamination. A minimum of Phase 1 and Phase 2 Environmental Site Assessments must have been conducted on the site to qualify.

Q.     Does a Brownfields designation protect the owner of a site from future liability when, through assessments, they learn of existing contamination on the site?
A.     While the Brownfields program does provide some liability protection related to known impacts at a site, it does not strictly eliminate liability for site restoration. The owner or purchaser who qualifies for Brownfields incentives must develop an agreement with the State regulatory agency to address impacts at the site. Upon execution of a Brownfields Site Rehabilitation Agreement (BSRA), the owner is afforded liability protection limiting site rehabilitation to the terms of the BSRA so long as the owner complies with the terms of the BSRA.

Q.     What is the difference between a designated Brownfields Area and a Brownfields Site?
A.     A designated Brownfields Area may encompass one or many Brownfields Sites and is done so through the passing of a resolution by the local government. The Area designation process includes community notification along with the local municipality approval process that may be accomplished in a period of weeks to months. Within a designated Area, any individual site has the ability to access certain Brownfields incentives (e.g., the job creation bonus program) without the cumbersome separate qualification process. To access the full suite of Brownfields incentives (including the Voluntary Cleanup Tax Credit or VCTC), a site owner must designate the individual Brownfields site. The Brownfields site designation process typically involves meeting limited qualifications and may include the execution of a BSRA.

Q.     Do we have to have community approval to designate a Brownfields site or area?
A.     In order to designate a Brownfield site or area, public notices of a pending resolution must be presented to the community for their comments. Thereafter, the resolution must be approved by the community’s elected officials.

Q.     How do we decide whether we want to designate a Brownfields Site or a Brownfields Area?
A.     It depends on the project you have in mind. Most communities recognize several sites within specific areas that would benefit from a Brownfields designation. They have found it much more convenient to designate a ‘Brownfields Area’ and later qualify any number of sites, individually, within the Brownfields Area for assessment activity. The designation process for individual sites one at a time is very time consuming and can more easily be accomplished through designating an area that includes all the sites of concern. However, if the community anticipates only one site for redevelopment, designating the one site might be the direction to follow. If the site is an extraordinarily large site, it would make more sense to just designate that site and follow through with cleanup activity on the same site.

Q.     How do we go about finding and selecting a qualified environmental consulting firm?
A.     Among the membership of the Florida Brownfields Association (FBA) there are many qualified environmental consulting firms. While the organization cannot specifically recommend one consultant over another, we can provide the names of those who are members of the FBA and allow you to make your own choice. The State of Florida has a Statute known as the Consultant’s Competitive Negotiations Act (CCNA), Section 287.055, which defines a Request For Qualifications (RFQ) process by which a consultant or consultants can be chosen for your projects.

Q.     Where can we get help in developing our grant proposal?
A.     The U.S. Environmental Protection Agency (USEPA) has a guidance booklet on their website that details the criteria for submitting proposals for Brownfields grant funds. Most of the communities and organizations throughout the state of Florida that have written successful USEPA grant proposals maintain membership with the FBA. Any one of them, as well as various consultants, would be happy to assist you in writing your proposal.

Q.     Why is it so important to conduct community outreach programs?
A.     Any activities that have an impact on the community should be brought to the community’s attention before they are enacted. Even though the Brownfields program has been around for ten years, many people still do not understand what it is and what it does. The more informed the public is, the easier it is to accomplish the established goals. Community outreach serves to make everyone aware, get them involved, and on the same team. In addition, if you plan to apply for federal Brownfields funds, among the primary criteria for qualification for funding is public notice and community involvement.