A Citizen’s Guide to the
Bayside Brownfield
Redevelopment Project
Portland, Maine
Kiersa Benson, Andrew Hughes, Ian Kyle, Dave Parsons and Julia Ledewitz
Table of Contents
DEFINITION OF A BROWNFIELD ............................................................................. 2
IMPLICATIONS & RISKS OF BROWNFIELD DEVELOPMENT ......................... 2
Implications ............................................................................................................................................... 2
Redevelopment Risks ................................................................................................................................ 2
DESCRIPTION OF BAYSIDE BROWNFIELD ........................................................... 3
Table 1. Contaminates and Their Health Effects ....................................................................................... 4
BARRIERS TO AND BENEFITS OF BROWNFIELD REDEVELOPMENT ......... 5
BROWNFIELD REDEVELOPMENT IN MAINE ....................................................... 6
Federal Programs ....................................................................................................................................... 6
State Programs ........................................................................................................................................... 6
Local Programs .......................................................................................................................................... 7
EXAMPLES OF SUCCESSFUL REDEVELOPMENT IN MAINE ........................... 8
Lewiston, Maine: ....................................................................................................................................... 8
Old Town, Maine: ...................................................................................................................................... 9
ADDITIONAL CONTACTS ......................................................................................... 11
1
Definition of a brownfield
Brownfields are lands, which are contaminated from previous use. Generally where
industry has been, there tends to be the most contamination of the land from chemical
runoff and toxic waste. Because cleaning up and redeveloping is expensive and
discouraging, when the Environmental Protection Agency deems these areas
“Brownfields”, the EPA helps to fund renovations of the area.
Implications & Risks of Brownfield Development
Implications
Brownfields are more common than we realize. Before brownfields are deemed
“Brownfield” by the EPA, they are completely abandoned. Most developers would much
rather develop safe greenspace than a dirty brownfield space. Therefore, often the
condition of the brownfields lasts much longer than it should. The presence of
contaminated areas greatly decreases the property value around the area.
Redevelopment Risks
1. The laws state that the owner of a brownfield is required to restore the land to a usable
state (non-toxic). However, in most cases, the owners have abandoned the land and
therefore, developers are forced to pay for the clean up process.
2. Defining “clean” is hard. The standards are strict, which force the developer to spend
more funds than could make the land worth buying in the first place. Also, when
developers are faced with the standard of "protective of human health or the
environment,” there is very little information given about how much that might be to a
developer- and is therefore a huge hindrance when deciding which land to buy.
3. When potential property owners see that the land was designated a ‘brownfield,’ there
is no document to explain if further restoration is necessary. Therefore, the potential
market for buying is discouraging for a developer as well.
Environmentally, there are risks to potentially every part of the land and therefore every
part of homes there. When soil is toxic, it can lead to water toxicity and danger for
children playing outside. When the land has been deemed toxic, it is hard to assess how
dangerous a risk it is or will be in the future.
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Description of Bayside Brownfield
The bayside brownfield project covers a 14-acre, 10 parcel plot of land in the bayside
community.
The general location is:
North- Franklin Arterial (commercial and industrial buildings of Marginal Way and Fox
Street, multi-tenant residential buildings of the Portland Housing Authority).
East- Somerset and Lancaster St (commercial and industrial)
South- Chestnut, Elm and Preble St (commercial and industrial)
West- Marginal Way
Historically the site has been home to a stove foundry, railroad tracks, warehouses,
scrapyards, a lumberyard and small factories. As a result of these industries, the site has
been contaminated with a variety of pollutants. Currently out of the 10 parcel site, five
are considered vacant and the other five contain a commercial building, two scrap metal
facilities, and parking lots.
After receiving Brownfield status from the EPA, Portland commissioned a report from an
environmental firm, Tewhey Associates of South Portland. In their initial survey they
were allowed by 6 of the 9 land owners to conduct environmental quality tests. The three
other owners, who own the remaining 85% of the land, initially refused access but this
spring (2005) two more of the scrapyards were made available for testing. So far, the
following contaminates have been found on the site: Polycyclic aromatic hydrocarbons
(PAHs), Total petroleum hydrocarbons (TPH), Volatile Organic Compounds (VOCs),
Trichloroethylene (TCE), PCBs, and metals (See Table 1).
Due to their highly toxic nature, the high levels of PAHs and VOCs may indicate a need
for an intensive cleanup process in some areas of the site. However, the overall levels
measured thus far fall within the low to moderate levels in comparison to other
brownfield sites. This indicates that the plots tested are not in immediate need of cleanup
though the status of the untested areas is unknown. The Maine Department of
Environmental Protection (MDEP) has designated the site as a non-attainment zone,
indicating that groundwater cannot be accessed for human use.
*Information obtained from:
http://www.usm.maine.edu/~lsavage/UrbanGeographyProjects/Brownfield/Brownfields
%20in%20Bayside.htm
City of Portland. A New Vision For Bayside. Portland: City of Portland, 2000.
Tewhey Associates. SITE ASSESSMENT AND ENVIRONMENTAL
ANALYSIS. Tewhey Associates. 1999.
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Table 1. Contaminates and Their Health Effects
Location
Found1
N/A
Potential Health Effects2,3
Common Source3
Possible carcinogen
Total Petroleum
Hydrocarbons
(TPH)
Volatile Organic
Compounds (VOCs)
Former Railroad
tracks and Scrap
Metal Yards
East side of site
Trichloroethylene
(TCE)
Scrap Metal
recycling
operations
-Headaches, dizziness, nerve
disorders
-Carcinogenic (Benzene)
-Eye, ear, nose, throat
irritation
-Headaches, dizziness
-Carcinogen
-Liver and Kidney damage
-Central nervous system
depression (decreased
alertness, headaches,
sleepiness, loss of
consciousness)
-Kidney changes (decreased
urine flow, swelling around
eyes, anemia)
-Liver changes (fatigue, dark
urine, liver enlargement)
Formed during
incomplete burning
of oil, gas, coal, and
garbage
Chemical
compounds from
crude oil.
Gasoline, paint, fuel
oil, etc.
Polychlorinated
biphenyls (PCBs)
All over site
-Various skin disorders
-Possible liver toxicity
Heavy Metals (e.g.
mercury)
All over site
-Toxic to kidneys
-Skin disorders
-Possible carcinogen
Contaminates
Polycyclic Aromatic
Hydrocarbons
(PAHs)
Degreasers, dry
cleaning processes
Old fluorescent
lighting, electrical
devices or appliances,
old microscope oil,
and old hydraulic oil
Various
Manufacturing
Processes, household
waste (e.g. batteries,
thermometers)
1
Tewhey Associates. SITE ASSESSMENT AND ENVIRONMENTAL
ANALYSIS. Tewhey Associates. 1999.
2
EPA Emergency Response Program: Sources of Common Contaminants and Their Health
Effects http://www.epa.gov/oerrpage/superfund/programs/er/hazsubs/sources.htm
3
Agency for Toxic Substances and Disease Registry (ATSDR)- ToxFAQs- Hazardous Substance
Fact Sheets http://www.atsdr.cdc.gov/toxfaq.html
4
Barriers to and Benefits of Brownfield Redevelopment
Brownfield redevelopment is a difficult, but not an impossible process. The two main
challenges to redevelopment are usually cost and community support. Liability used to
be a concern until January 2002 when President Bush signed the “Small Business
Liability Relief and Brownfield Revitalization Act.” The new laws protect the owners of
a Brownfield from legal responsibility for cleanup when the owners did not contribute
directly to the contamination.4 In Bayside, where the Brownfield has been used for many
different industrial purposes in the past, this legislation was welcome relief.
The cost of redevelopment still remains a barrier to Brownfield restoration. Especially if
the site is heavily contaminated, the fees for removing dangerous chemicals can cost
developers a lot of money.5 The cost of hiring an environmental consultant and testing
for contamination is also high. In the case of Bayside, the City of Portland has
shouldered much of the cost thanks to funding from the United States Environmental
Protection Company (EPA).
With that money the city has already hired a consultant, Tewhey Associates of South
Portland. According to the Maine Department of Environmental Protection (MDEP)
there have been over 30 spill-incidents near the Portland Brownfield Project site since the
1970s. Most have involved petroleum products, according to the Tewhey Associates.
Testing stopped in2001 and the contamination level of Bayside appears to be low to
moderate.6 As a result, the cost of redevelopment has not been very high.
The second barrier to Brownfield redevelopment is rallying community support. This is
not an issue with the Bayside Brownfield site. Thanks to the Bayside Neighborhood
Association, the community has come together to make redevelopment easy.
A third barrier, unique to Bayside, is the lack of cooperation from businesses that own
land on the Brownfield prior to redevelopment. Environmental testing stopped in
Bayside in 2001 because the owners of the remaining untested plots of land refused to
allow their land to be tested. These areas were privately owned scrap yards. However,
the untested land was sold to the city in the late spring of 2005. There is still money
available from the EPA grant so testing on that land should begin shortly.
The benefits to Brownfield redevelopment are greater than the costs. Redevelopment is
very rewarding for a community because it creates new businesses, housing, and parks7.
Since Portland is located on a peninsula and land is scarce, these new businesses, homes,
and parks on former private land will be welcome relief. A larger tax base, new jobs, and
increased recreation opportunities can result from redevelopment. The specific
redevelopment plans for Portland can be found in the “Future Plans” section.
4
Ohio Environmental Council, Citizens Guide to Cincinnati Brownfields, (Columbus: OEC)
IBID
6
Ernesta P. Stevens, Brownfield in Bayside, December 2000, USM, March 31, 2005,
5
http://www.usm.maine.edu/~lsavage/UrbanGeographyProjects/Brownfield/Brownfields%20in%20Bayside.htm
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OEC
5
Redevelopment will also help Bayside improve its help and appearance. The removal of
dangerous contaminants will be good for the health and safety of Bayside and Portland
residents. The improved appearance will also benefit the City of Portland, especially as it
becomes more attractive to travelers passing by on I-295. Another benefit is that the
redevelopment of Bayside can serve as an example for future projects in Portland, other
cities in Maine, and areas around the country.
Brownfield Redevelopment in Maine
Brownfield redevelopment projects in Maine can take advantage of federal, state, and
local government programs offering various forms of assistance. The US Environmental
Protection Agency (EPA), the Maine Department of Environmental Protection (DEP),
and the City of Portland are all committed to encouraging brownfield identification,
assessment, remediation, and development.
Federal Programs
At the federal level, the Environmental Protection Agency’s Brownfield Pilot Program
offers financial and administrative assistance to state and local governments for help in
brownfield redevelopment. The program offers grants and revolving loans for
environmental assessments, site cleanups, and job training. Importantly, in 2002 the US
Congress passed the Small Business Liability Relief and Brownfields Revitalization Act,
which provides the EPA with additional funding and congressional support for continued
brownfield redevelopment. Since 1995, the EPA has awarded 554 assessment grants,
171 revolving loan pilot grants, 67 job training pilots, and 69 cleanup grants. All told, the
EPA has invested nearly $700 million in brownfield redevelopment across the United
States. This relatively modest investment has leveraged more than $5 billion in
redevelopment funding from the private and public sectors and has created nearly 25,000
jobs.
In 1997 the City of Portland was granted funds through this program for redevelopment
of the Bayside area. In addition, other cities in Maine such as Lewiston and Old Town,
as well as the Maine State Planning Office have received grants to facilitate brownfield
redevelopment.
State Programs
At the state level, the legislature passed a law in 1993 called the Voluntary Response
Action Program (VRAP) to assist with brownfield redevelopment throughout the state.
According to the statute, the program “promotes the investigation, remediation and
redevelopment of contaminated properties by offering liability assurances/protections
from state enforcement actions for applicants to the program.” Importantly, it is nearly
impossible to obtain financing for redevelopment of a brownfield in Maine without a
certification by the state through this program.
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By participating in this program, developers can obtain technical assistance from the
DEP, as well as a bit of flexibility in meeting cleanup requirements. For example, if the
developer successfully completes a cleanup plan, the DEP will issue a “certificate of
completion” freeing the owner from liability for those contaminants identified in the
cleanup assessment. In addition, during the cleanup process, the DEP will not take
enforcement actions against the owner for those contaminants identified in the cleanup
assessment. Participation in the program not only helps obtain government financing, it
makes the redevelopment process easier by reducing liability on the part of the developer
and alleviating pollution concerns of the community by ensuring proper cleanup.
In 1997, the EPA awarded the Maine State Planning Office (SPO) a pilot grant which
supports the Maine Brownfields Initiative. This grant established a revolving loan to help
municipalities complete brownfield site assessments, a database of brownfield sites
throughout the state, and a two-volume guidebook for Maine municipalities and
developers looking to redevelop brownfields.
Nicholas Hodgkins manages the VRAP program for the DEP and serves as the
coordinator for brownfield redevelopment in Maine. For more information on the VRAP
program or on Maine’s Brownfield Initiative, contact:
Nicholas Hodgkins
Maine DEP, 17 State House Station
Bureau of Remediation and Waste Management, VRAP Program
Augusta, ME 04333-0017
Phone: (207) 287-4854
e-mail: nick.hodgkins@maine.gov
Local Programs
Consistent with the goals outlined in A New Vision for Bayside, the City of Portland has
encouraged urban style redevelopment on several parcels in the Bayside neighborhood
area. Already, the neighborhood has seen successful development by companies such as
the DHS rent-a-center, AAA, and Wild Oats. In addition, the neighborhood has a new
residential complex, Unity Village. In addition, construction recently began on the
Chestnut Street Extension, seen as vital for encouraging pedestrian access from the
downtown to Marginal Way. Several office buildings are also in the works, each
designed to be between fifty and eighty thousand square feet. The buildings are intended
to be mixed use, promoting both residential and commercial tenants. In addition, plans
for a new 410-person student-housing complex have been filed with the city.
The City has also obtained funding through the SPO revolving loan for municipalities for
an environmental site assessment of the publicly owned parcels in the neighborhood.
Though some private owners refused to allow environmental assessments on their
property, recent negotiations with some private owners proved successful, and
environmental assessments have begun on those parcels.
Rick Knowland, a senior planner with the City of Portland, is overseeing redevelopment
of the Bayside neighborhood. He coordinates the City’s goals for the neighborhood with
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residents, potential developers, and funding agencies at the DEP, SPO, and the EPA. For
more information on development in the Bayside neighborhood, contact him at:
Rick Knowland
Senior Planner, City of Portland
Phone: (207) 874-8725
e-mail: rwk@portlandmaine.gov
Examples of successful redevelopment in Maine
Lewiston, Maine:
The Bates of Maine Woolen Mill
With a history that dates back to the Civil War, the Bates Mill has been a focal point for
industry in the great state of Maine. The plant, a textile manufacturer, that once helped
outfit the legendary Grand Army of the Potomac, was once the largest single employer in
the state. The mill maintained that status until the early 1960s when the domestic textile
industry began to loose steam due to the pressure of foreign competition. By 1992, the
majority of shop operations had ceased and only 50 workers operated in a small section
of the massive 1.2 million square foot structure. Operations stopped altogether soon
afterward leaving six acres and the dozen buildings the once comprised the mill vacant
and potentially contaminated. The city of Lewiston gained ownership of the property and
the Lewiston Mill Redevelopment Corporation, a nonprofit organization, now manages
the enormous property.
Environmental assessments revealed levels of PAH’s, metals, PCBs, votile organic
compounds, lead, asbestos, and petroleum products. US Environmental Protection
Agency provided a Brownfields Assessment grant of $200,000 in 1998, an additional
$75,000 in supplemental funding in 2000, and a half million dollar Brownfields
Revolving Loan Fund set up in 1999, to help the city of Lewiston assess and remediate
the huge 1.2 million square foot textile mill. The transformed complex will bring millions
of dollars in new business investments to the community’s struggling economy.
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The Bates Mill complex is expected to become the hub of economic redevelopment for
Lewiston. The finalized complex is expected to employ over 5,000 workers. Following
completion of the complex, which is projected to house both fitness and a daycare center
for employees, private businesses and a regional conference center, city officials will
move on to other portions of the city that are in need of environmental and economic
revival.
Contacts:
EPA Project Manager
Address:
One Congress Street, Suite 1100 (HIO), Boston, MA 02114-2023
Phone #:
1-617-918-1389
E-Mail:
byrne.james@epa.gov
Local Contact
Name:
Address:
Phone #:
E-Mail:
James Andrews
27 Pine Street, Lewiston, ME 04240
1-207-784-2951
jandrews@ci.lewiston.me.us
*Information obtained from http://www.epa.gov/ne/brownfields/success/lewiston.htm
Old Town, Maine:
Lily-Tulip Factory
In 1996, a $20,000 EPA-Conducted Targeted Brownfields Assessment (TBA) was
carried out at the former Lily-Tulip factory site. Information gained during this
assessment was used as a strategic marketing tool to sell the property to developers.
Following much discussion, the city council supported the purchase and redevelopment
of the site. The most resent owners, Owens-Illinois Company and Sweetheart Cup
Company agreed to pay a combined $100,000 towards cleanup and demolition.
Cleanup activities included removal of extensive structural and asbestos materials, 4
underground storage tanks, several electrical transformers containing PCBs, stock tanks,
the contents of an oil/water separator, and removal and treatment of 2,570 cubic yard of
petroleum contaminated soil. Upon completion of these activities, the City of Old Town
acquired the property in 1997.
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A 9,000 square foot retail building, "Marsh Island Carry", is now open at the south end
and has three tenants. They include a map store, a wooden boat museum, and an outdoor
store run by Johnson Outdoor, the parent company of Old Town Canoe. In 2001, a 5,000
square foot restaurant will open at the north end of the property. A community park with
an open green, a playground, a gazebo, and a riverfront walk will occupy the center
portion of the property. The redevelopment was made possible by several additional
grants from federal and state agencies. They include a $400,000 Enhancement Grant from
ME DOT for the park and walkways; a $400,000 Community Development Block Grant
for infrastructure around the commercial buildings, a $24,500 from the National Trails
Recreation Act for trails, walkways, and river stabilization, and $8,000 from ME Forest
Service for tree planting.
The successful transformation of the underutilized contaminated site to a revitalized
waterfront park and commercial property was a partnership between the proactive city
government of Old Town, the Maine Department of Environmental Protection's (ME
DEP) Voluntary Response Action Program (VRAP), and the U.S. EPA Brownfields
Program, with additional support of the private sector.
Contacts:
State Contact
Name:
Address:
Phone #:
Nicholas Hodgkins
MEDEP, 17 State House Station, Augusta, ME 04333
1-207-287-4854
Local Contact
City Manager
Address:
Phone #:
51 North Brunswick Street, Old Town, ME 04468-1497
1-207-827-3965
*Information obtained from http://www.epa.gov/ne/brownfields/success/oldtown.htm
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Additional Contacts
Maine DEP Brownfields Program
http://yosemite.epa.gov/R1/npl_pad.nsf/31c4fec03a0762d285256bb80076489c/4c3a00cfa157576
685256c0e00559cbd!OpenDocument
Maine State Planning Office Brownfields Program
http://yosemite.epa.gov/R1/npl_pad.nsf/31c4fec03a0762d285256bb80076489c/8ed8340
57d80ee985256c0e0055b2f8!OpenDocument
Nicholas Hodgkins
Maine DEP, 17 State House Station
Bureau of Remediation and Waste Management, VRAP Program
Augusta, ME 04333-0017
Phone: (207) 287-4854
e-mail: nick.hodgkins@maine.gov
Rick Knowland
Senior Planner, City of Portland
Phone: (207) 874-8725
e-mail: rwk@portlandmaine.gov
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