Title
Brownfield Site Rehabilitation Agreement on Former Manufactured Gas Plant Site (B)
Explanation
On January 24, 2000, the City Commission adopted a resolution designating a portion of the proposed stormwater park area and the former Gainesville Gas Manufactured Gas Plant site (now the Poole Roofing and Sheet Metal Co. site) a Brownfield Area pursuant to Section 376.80 Florida Statutes. The resolution was recommended by the East Gainesville Sprout Project Task Force in November 1999 to allow the City to receive certain benefits under The State Brownfields Program as provided for in Sections 376.77-376.85 Florida Statutes.
The Brownfield Resolution granted authority to the City Manager for preparing a Brownfield Site Rehabilitation Agreement (BSRA). A BSRA is an agreement between the City and the Florida Department of Environmental Protection (FDEP) that includes contractors' standards, an agreement to abide by certain regulations, liability protection, and site access agreements. Last spring, staff informed the Task Force that the City was negotiating a BSRA with FDEP. In September, staff informed the Task Force that the City planned to remove the CSX properties from the BSRA, and only include the former manufactured gas plant site and a portion of Depot Ave. This decision was made upon the recommendation of FDEP, which acknowledged that the City did not have the same freedom of access at the site as it does with the former manufactured gas plant site. Both parties acknowledge that the BSRA may be modified in the future to address additional properties with the designated Brownfield Area.
The executed BSRA will hold the existing Consent Order between the City of Gainesville/d.b.a Gainesville Regional Utilities and the FDEP in abeyance on the former manufactured gas plant site and Depot Avenue provided the terms of the BSRA are met. The BSRA will not materially change any of the City's obligations under the Consent Order with respect to the property currently described in the BSRA. The Consent Order will remain in effect with respect to properties outside of the scope of the BSRA.
The BSRA benefits the City several ways. First, the US Environmental Protection Agency will defer an increase in federal enforcement on the site while the BSRA is in place, thus avoiding delays. Further, the BSRA permits the City to enjoy certain liability protections and apply for cleanup tax credits that can be transferred to entities with certain state tax liabilities. Finally, the BSRA strengthens the partnership between the regulatory agencies and the City to encourage a more efficient and effective cleanup project.
Fiscal Note
Execution of the BSRA will not increase the City's existing liabilities but will entitle the City to cleanup tax credits that can be transferred to non-tax exempt entities.
Recommendation
The City Commission authorize the City Manager and the General Manager of Utilities to execute the Brownfield Site Rehabilitation Agreement with the Florida Department of Environmental Protection, subject to approval by the City Attorney as to form and legality.