July 2, 2008 — Anyone who looks for Brownfields on a V.I. map won't find it, but pending legislation may put potential brownfield sites all over the territory.
A bill approved Wednesday by the Senate committee on Planning and Environmental Protection would provide incentives to renew and revitalize properties long thought to be unusable.
"Brownfield" is a designation for a property that has been contaminated and is slated for reuse and redevelopment. Brownfield-designated properties have been hospitals, gas stations and industrial sites. These sites are eligible for a number of grants for cleanup, low-cost loans, liability protection and other incentives to developers who take on cleaning them up for reuse.
The U.S. Environmental Protection Agency's website defines brownfields as properties where expansion, redevelopment or reuse may be complicated by the presence or potential presence of a hazardous substance, pollutant or contaminant. Cleaning up and reinvesting in these properties takes development pressures off of undeveloped, open land, and both improves and protects the environment.
"Enabling legislation is a major criteria to have the brownfields program within the territory," said Nadine Noorhasan, director of the V.I. Department of Planning and Natural Resources' Environmental Protection Division, testifying Wednesday before the committee.
Failure to meet the EPA's criteria led to unfavorable consequences for the division.
"Over the years EPA has decreased the program's annual funding," Noorhasan said.
At the beginning of 2008, the department was unable to demonstrate significant progress on the enactment of enabling legislation, and additional funds were cut off. Without legislation, the department will be unable to compete for the funds again until fiscal year 2010.
"The territory must be proactive and enact legislation which would increase the territory's regulatory authority and demonstrate our commitment to establish a sustainable brownfields program in the Virgin Islands," Noorhasan told the committee.
The Brownfield Revitalization and Environmental Act approved by the committee would give the brownfields program the authority to resume federal funding. Sens. Neville James and Louis P. Hill sponsored the bill.
The bill's benefits include not only financial incentives for people in the territory who want to purchase, clean up and revitalize or reuse the properties, it also provides a liability shield to the person who revitalizes it.
"We can't go after them with civil penalties [for the property's contamination]," Noorhasan said. "At least we know that hazardous sites would be able to be reused within the territory. Owners could get small loans from banks, but without the program in territory, no one would be interested in revitalizing these sites."
Clanicia Pelle, who heads up DPNR's Brownfields office, explained that the legislation was one of four items that would enable the resumption of federal funds. The other items are already in process or in place. These include having an inventory or sites that will be placed on a potential Brownfield site list, establishing cleanup standards for brownfield sites within the territory, and providing opportunity for public participation.
A few potential sites named during the hearing included Bovoni, Sub Base, the Enterprise Zone in Charlotte Amalie and the waterfront for St. Thomas, as well as properties in Coral and Cruz bays on St. John and sites at Sunday Market Square and the Renaissance property on St. Croix. These and other sites will be evaluated and then be narrowed down to 10 priority sites.
Standards for cleanup are being developed now by attorney Jennifer Jones, who is under contract with the department. Jones has analyzed procedures used by other states and territories to develop acceptable thresholds for cleanup within the territory.
Public outreach participation in the Brownfields program is via website and through an annual public forum. This year's forum will be held July 30 at the Westin on St. John. Because space is limited, an RSVP is required. To RSVP, contact the division at 340-773-1082.
Senators voting to approve the legislation and forward it to the Senate Committee on Rules and Judiciary with a favorable recommendation were Norman Jn Baptiste, Juan Figueroa-Serville, James Weber, Carmen Wesselhoft and Alvin L. Williams.
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