Frequently Asked Questions

Why does Anderson have Brownfields?

Anderson is a community rich in both culture and industry.  However, Anderson’s industries have never been centralized in any one corridor or area of the community and many of those industrial and manufacturing businesses have now closed.  As a result, abandoned properties are scattered throughout the community, often times abutting residential neighborhoods that over the span of many decades may have been exposed to environmental risks and degradation.  These properties often closely follow the rail line as it was a primary transit system for materials/goods within the industrial boom years.  This industrial legacy has created a community need for redevelopment efforts in order to improve the City’s economy and strengthen its neighborhoods. 

Why do some owners leave a brownfield property in its current condition?

Many brownfield owners are unaware of the existing conditions and the tools needed to resolve the problem.  In other cases, the neighborhood property values may seem too low to justify any sort of investment in the site. 

Why the interest in redeveloping brownfields?

When brownfields sit idle, everybody loses.  Neighbors face environmental worries and reduced property values. Cities see roads, sewers, and other infrastructure underused. New business seeks out “greenfields” or undeveloped land, encouraging sprawl. And, brownfield owners must deal with a long list of worries – from potential lawsuits to deriving too little income from their property. 

What are the benefits of brownfield redevelopment?

Benefits the community; eliminates health and safety hazards; eliminates eyesores; brings new jobs into the community; brings new investment into the community; increases the productivity of the land; and increases property values and tax receipts by local and state governments.  

What are the benefits of brownfield redevelopment to property owners?

In addition to providing benefits to surrounding communities, property owners who clean up and reuse their brownfield properties may benefit directly by: Avoiding potential environmental enforcement actions by federal, state, and local regulatory agencies that could impose penalties and costly cleanups; Receiving tax benefits for cleaning up and reusing the property; Reducing the likelihood that contamination from the property will migrate off-site or into the groundwater under the site, thereby limiting liability for, and long-term costs of, cleaning up the property; Creating goodwill within the community;  Reducing the potential need to address liabilities associated with the property in financial statements and Securities and Exchange Commission filings; and  Realizing an enhanced return from the property by making it more valuable and marketable. 

Can back property taxes on a brownfield site be waived or canceled so a local unit of government can obtain title to a site in order to facilitate its redevelopment?

The State Board of Tax Commissioners may cancel any property taxes assessed against real property owned by a county, township, city or town per Indiana Code 6-1.1-36-7.  A petition must be submitted by the auditor, assessor and treasurer of the county in which the brownfield property is located requesting that the Board cancel the taxes. 

How can Anderson take advantage of U.S. Environmental Protection Agency brownfields grant funding?

Through the Small Business Liability Relief and Brownfields Revitalization Act, the U.S. EPA offers brownfields assessment, revolving loan fund, and cleanup grants to eligible entities to address brownfield sites with hazardous and/or petroleum contamination.  The application process is nationally competitive and begins annually in late fall.  For more information about eligibility requirements, the application process, and other U.S. EPA brownfields funding, please visit http://www.epa.gov/brownfields. 

Are abandoned commercial properties with underground storage tanks considered brownfields?

Yes.   For decades, businesses have used underground tanks to store fuel, chemicals, and other liquids.  In fact, the most common brownfield sites are closed gas stations.   While underground storage tanks do not necessarily pose a human health problem, any leaking associated with this does.

Why are sites with underground storage tanks different from any other brownfield site?

Underground storage tank owners and operators are subject to their own set of environmental regulations.   Because most brownfields with underground storage tanks are old filling stations, these sites are often smaller and the environmental contamination, if any, is usually limited to petroleum. 

Why are there so many brownfield sites with underground storage tanks?

In many cases, the owners have closed their businesses and do not have the money necessary to remove the tanks and clean up their property.   Prospective purchasers of these sites are concerned about potentially high cleanup costs and complex government requirements. 

Who is responsible for a leaking Underground Storage Tank (UST) on my property?

The answer depends on whether the UST was used for petroleum or other substances, when the tank was in operation, and who the current owner is. Typically, the current owner and operator is/are responsible for the remediation of a leaking UST. However, if the UST has not been used since November 8, 1984, the person who owned the tank immediately before the discontinuation of the use of the tank is liable under leaking UST laws. One exception is for persons who hold title to the UST to protect a security interest, such as lenders. Other liability may exist for leaking USTs, such as liability for hazardous substances if the tank was not used solely for petroleum, and liability for common law nuisance, trespass, and worker exposure.  

Can money form Indiana's Excess Liability Fund be used for brownfield remediation activities at underground storage tank facilities?

It is possible, but unlikely. Before a facility is considered eligible for ELF money, the owner or operator of the facility must maintain registration of the underground storage tanks and ensure they comply with all applicable regulations. Because most brownfields are abandoned sites with no known responsible party, it is unlikely that underground storage tanks at a brownfield are eligible for ELF money. However, the Abandoned Tank Community Assistance Program is intended to address some of these brownfield sites. 

Does IDEM conduct Brownfields Environmental Assessments at abandoned gas station sites?

Since the funding for BEAs conducted by the state comes from Superfund, the use of this service is prohibited at sites contaminated by petroleum products; the only exception is when the petroleum is co-mingled with other contaminants. Alternative funding includes the Indiana Brownfields Site Assessment Grants and Indiana Department of Commerce Community Planning Grants. These are state dollars not associated with Superfund.
Also, the new Abandoned Tank Community Assistance Program is designed to aid communities in their efforts to clean up and redevelop abandoned tank sites by aiding local units of government, nonprofit groups and private entities in the closure of abandoned tank sites. 

Is there a statewide inventory of brownfields properties?

No. It is impossible to accurately estimate the total number of brownfields properties in Indiana. You may have heard different numbers tossed about. However, any number would be purely arbitrary because brownfields are so diverse, many have yet to be identified and information from the local level may not be available. Not every city and town will have an inventory of its brownfields. And even if it did have such a listing, a community might be reluctant to share it with the state, fearing regulatory action.

IDEM can only estimate the number of brownfields based on what communities identify and share. Currently the only way the agency has for gathering that information is by those that apply for Brownfields Environmental Assessments, grants and loans. IDEM does have a database of brownfields properties that have undergone or are undergoing environmental assessments, and it does have a database of potentially hazardous waste sites that may be "brownfields waiting to happen". The latter database is the federal Comprehensive Environmental Response, Compensation, and Liability Information System, better known to some as CERCLIS. It contains approximately 1,200 Indiana sites.  

Many people fear that a state list of potential brownfields may unfairly classify properties as brownfields, reducing their value and stability.  More information about the planning stage, or the remediation and redevelopment stages of brownfields redevelopment may be found in the Indiana Brownfields Redevelopment Resource Guide. To obtain the Resource Guide, download it from the Brownfields Program web site http://www.in.gov/ifa/brownfields/pdffiles/guidance/resourceguide.pdf#search=%22Indiana%20Brownfields%20Redevelopment%20Resource%20Guide%22   or contact Tracy Concannon, of the Brownfields Program, to request that a copy be mailed to you. 

Where can you list and/or search for available brownfield properties?

Although IDEM neither keeps a list of available properties nor endorses any specific listing services, there are organizations that provide such services.  One of those is the Clean-Start Redevelopment Company LLC, which provides a means of linking available properties worldwide with interested developers and related support services.  Clean-Start is a free online listing service for brownfield properties that are prime opportunities for redevelopment. Visit www.cleanstart.com/proplist.htm for information on how to list a property or how to search for available properties. Another is the Brownfields Center, which is a marketplace for brownfield resources.  The center also has a national online brownfields property database. Interested parties can both list and search for properties. There is a $15 charge for a six-month listing. Visit www.brownfieldcentral.com/v3/propListings.asp for information on how to list a property or how to search for available properties. 

What is the role of a private consultant in the brownfields initiative?

Environmental consultants have various roles potentially available to them in the brownfields redevelopment process. The private sector has expressed some concern that the state is "stealing" potential clients with its "free" environmental assessments. However, assessment work is only one aspect of the redevelopment process; the potential exists for much more work. For example, opportunities exist through the Indiana Brownfields grant and loan programs, where applicants select their own consultants to do the required work, whether it is assessments or remediation. In contrast to the government, consultants bring value to brownfields redevelopment by their expedited time frames and broad scopes of work. In short, the role of private consultants is not limited to Phase I and Phase II work. The role may include arbitrator, advocate, insurer of risk, financial advisor and scientist to assess liability. 

How can a private developer take advantage of the state's brownfields redevelopment program?

By partnering with a governmental unit, such as a city, town, county, redevelopment or housing authority, or public organization. This partnership allows both parties to capitalize on the many resources the state has to offer, particularly the Environmental Remediation Revolving Loan Fund. Grants from this fund are awarded for site assessment activities, while loans are approved for primarily demolition and remediation. Successful development can mean the creation of new jobs, a stronger tax base for the city or town, enhanced economic stability for the private developer and a cleaner environment for all.  

Can private developers or investors apply to the Environmental Remediation Revolving Loan Fund?

No. Money from the Environmental Remediation Revolving Loan Fund, also referred to as the Brownfields Revolving Loan Fund, is only available to political subdivisions. However, public/private partnerships are encouraged for effective redevelopment.  Another option for private entities is the federal Brownfields Cleanup Revolving Loan Fund administered by IDEM. 

What's the difference between a Brownfields Comfort Letter and a Brownfields Site Status Letter?

Brownfields Comfort Letters and Brownfields Site Status Letters are valuable tools that can be used to address liability issues preventing brownfields transactions and redevelopment.  A Brownfields Comfort Letter explains a specific liability exemption established by statute or IDEM policy and applies the exemption to the site and letter recipients.  In this way, a Brownfields Comfort Letter may eliminate unnecessary liability concerns for a site with no liability for current or future users.  In a Brownfields Site Status Letter, IDEM compares site conditions to objective, risk-based cleanup standards.  While a Brownfields Site Status Letter is not a release from liability, it may serve to minimize and qualify the exposure to risk for remaining liability at a site. 

 Where can I find information on financial and technical resources that are available beyond what IDEM and the Indiana Development Finance Authority provide?
The appendices in the Indiana Brownfields Redevelopment Resource Guide are a compilation of many potential resources for a brownfields project. These resources include grant, loan, and assessment programs available through the various Interagency Brownfields Task Force member agencies. An updated version of the Resource Guide became available in March 2001 and can be obtained free of charge. A hard copy can be requested by contacting Tracy Concannon, of the Brownfields Program, or it can be downloaded from the Brownfields Program web page. Also, on the Brownfields Program web page is a link to funding available from state and federal agencies and private organizations for the various stages of brownfields redevelopment.  

What changes have been made to the Federal Brownfields Cleanup Revolving Loan Fund? How long will this funding be available?

Last October, U.S. EPA announced changes to the Federal Brownfields Cleanup Revolving Loan Fund (BCRLF). As a BCRLF pilot grant recipient, IDEM can award low-interest loans for non-time critical removals to cities, towns, counties, private entities, and not-for-profit organizations. The amount of funding available has been increased from $350,000 to $1 million. In addition, eligibility criteria for borrowers have been expanded to include owners/operators that acquired property after the time of disposal. IDEM, as the lead agency, will determine that the owner/operator has not caused, contributed to, permitted or exacerbated the release of a hazardous substance on or emanating from the property.  For more information, visit the Brownfields Program web site and look under Financial/Economic Assistance.