Re: "MOM AND POP" BROWNFIELDS -Reply

[Lenny Siegel <lsiegel@igc.apc.org>]

THANKS BRUCE, FOR YOUR COMMENTS. I THINK THERE'S A NEED FOR FRANK TALK
AMONG ALL BROWNFIELDS STAKEHOLDERS TO ADDRESS THESE ISSUES.

LENNY (RESPONSES IN CAPS)

bklafter@orrick.com wrote:
> 
> From: Bruce Klafter <bklafter@orrick.com>
> Subject: Re:  Re: "MOM AND POP" BROWNFIELDS -Reply
> 
> Lenny's comment raise two questions in my mind:
> 
> 1.  Will live/work type development hinder some
> projects by leading to a need for residential
> cleanup standards vs. commercial/industrial?

WHERE BROWNFIELDS ARE SMALL (1 OR 2-ACRE PARCELS) IN MIXED-USED
NEIGHBORHOODS, I THINK THE BEST WAY (USUALLY) TO PROTECT PUBLIC HEALTH
IS TO CLEAN TO RESIDENTIAL - THAT IS, UNRESTRICTED - STANDARDS. A QUICK
AND CLEAN REMOVAL ACTION MAY IN FACT BE MORE COST-EFFECTIVE THAN A
DETAILED ASSESSMENT OF THE PROPERTY.

> 
> 2.  Small business owners will need to be educated
> about how to structure these transactions.  Larger
> companies (real estate concerns, etc.) typically
> protect themselves by setting up limited liability
> companies, subsidiaries, etc. along with the
> regulatory devices (comfort letters, PPAs, etc.).
> Are small businesspeople comfortable enough with
> environmental liability to undertake these projects?

ACTUALLY, I FEAR THAT SMALL BUSINESS OWNERS ARE TOO COMFORTABLE, SINCE
THEY USUALLY DON'T HAVE VERY DEEP POCKETS. EVEN IF CLEANUP COSTS ARE
MINIMAL, MOST SMALL BUSINESSES DON'T EVEN KNOW WHERE TO START IN THE
REGULATORY/LEGAL MAZE. THAT'S WHY A FINANCIAL INSTRUMENT SHOULD BE
INTEGRATED WITH TECHNICAL ASSISTANCE.

-- 

Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 222B View St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/968-1126
lsiegel@igc.apc.org