LEECH LAKE DIVISION OF RESOURCE MANAGEMENT
-ENVIRONMENTAL DEPARTMENT-
BROWNFIELDS PROGRAM...
On this page you will find these topics...
1. Definition of a Brownfields Site
2. Elements of a Brownfields Program
3. Inventory of Potentially Contaminated Sites
4. Enforcement
5. Environmental Assessment
6. Cleanup
7. Public Record
8. Links
9. Contacts
***Link To Brownfields 2008 Powerpoint***
PLEASE CLICK TOPIC OR SCROLL DOWN THE PAGE TO VIEW...
Definition of a Brownfields Site
"A Brownfields site means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant." CERCLA 101(39)(A)(2002). Brownfields sites typically include former industrial sites. Some examples include former textile mills, steel plants, tanneries, and concrete manufacturing sites. The newest program to the Leech Lake Environmental Department, Brownfields Grant Program which started in 10-03. The Leech Lake Band of Ojibwe received this grant from the Environmental Protection Agency (EPA).
Brownfields sites are abandoned, idled, or underused industrial and commercial properties where expansion or redevelopment is complicated by actual or suspected environmental contamination. By investigating and cleaning up Brownfields sites, many of which are abandoned properties that pose an immediate threat to the local community, development can take place without fear of environmental legal liabilities. This benefits the Leech Lake Band of Ojibwe and surrounding communities by bringing jobs to the area, making abandoned property functional, and possibly preserving sites that might have historical significance to the community.
With certain legal exclusions and additions, the term `Brownfields site' means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.
Definition Source :
The Brownfields Site definition is found in Public Law 107-118 (H.R. 2869) - "Small Business Liability Relief and Brownfields Revitalization Act" signed into law January 11, 2002.
"Definition of Brownfields Site- Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) is amended by adding at the end the following:
(39) Brownfields Site-
(A) IN GENERAL- The term `Brownfields Site' means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.
(B) EXCLUSIONS- The term `Brownfields site' does not include-- `(i) a facility that is the subject of a planned or ongoing removal action under this title;
`(ii) a facility that is listed on the National Priorities List or is proposed for listing;
`(iii) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties under this Act;
`(iv) a facility that is the subject of a unilateral administrative order, a court order, an administrative order on consent or judicial consent decree that has been issued to or entered into by the parties, or a facility to which a permit has been issued by the United States or an authorized State under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1321), the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), or the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
`(v) a facility that-- `(I) is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u), 6928(h)); and
`(II) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures;
`(vi) a land disposal unit with respect to which-- `(I) a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) has been submitted; and
`(II) closure requirements have been specified in a closure plan or permit; `(vii) a facility that is subject to the jurisdiction, custody, or control of a department, agency, or instrumentality of the United States, except for land held in trust by the United States for an Indian tribe;
`(viii) a portion of a facility-- `(I) at which there has been a release of polychlorinated biphenyls; and
`(II) that is subject to remediation under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or `(ix) a portion of a facility, for which portion, assistance for response activity has been obtained under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established under section 9508 of the Internal Revenue Code of 1986.
`(C) SITE-BY-SITE DETERMINATIONS- Notwithstanding subparagraph (B) and on a site-by-site basis, the President may authorize financial assistance under section 104(k) to an eligible entity at a site included in clause (i), (iv), (v), (vi), (viii), or (ix) of subparagraph (B) if the President finds that financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes.
`(D) ADDITIONAL AREAS- For the purposes of section 104(k), the term `Brownfields site' includes a site that-- `(i) meets the definition of `Brownfields site' under subparagraphs (A) through (C); and
`(ii)(I) is contaminated by a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
`(II)(aa) is contaminated by petroleum or a petroleum product excluded from the definition of `hazardous substance' under section 101; and
`(bb) is a site determined by the Administrator or the State, as appropriate, to be--
`(AA) of relatively low risk, as compared with other petroleum-only sites in the State; and
`(BB) a site for which there is no viable responsible party and which will be assessed, investigated, or cleaned up by a person that is not potentially liable for cleaning up the site; and
`(cc) is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)); or
`(III) is mine-scarred land.'."
For more information on the definition of a brownfields site, please see: Appendix 3 of the Proposal Guidelines for Brownfields Assessment, Revolving Loan Fund and Cleanup Grants.
Elements of a Brownfields Program
The following are the steps that the tribal response Brownfields Program follow:
Timely Survey and Inventory
* Establish a system to identify, prioritize, and survey Brownfields sites
* Review existing files, records, and databases to identify Brownfields sites
* Choose and update an existing database, such as UST
* Research existing databases and select/create a database in which to enter Brownfields site information
* Add to the website, cleaned up sites ready for redevelopment - with pertinent details
* Include in database: 1) site name, 2) if cleanup has been completed, 3) date action was completed, 4) or date action is planned, 5) name of owner at time of clean-up, 6) type of site (e.g. landfills, abandoned buildings, petroleum/service stations, junk yards, meth labs, mine-scarred lands, etc.) 7) site street address, city, state, zip 8) Latitude/Longitude 9) is institutional control in place? (Y/N) 10) type of institutional control 11) summarize nature of contamination at site 12) site size in acres
Public Record
* Update annually, or more often if appropriate
* Include site locations, response actions in previous year, and actions planned in upcoming year
* Develop a process to designate site for unrestricted use or apply appropriate institutional controls after response actions have been completed. Work with communities on applying deed/zoning restrictions
* Possibly post notices through website, newspapers, newsletters, radio public service announcements, cable t.v., file environmental department.
* Include in Public Record 1) site name, 2) if cleanup has been completed, 3) date action was completed, 4) or date action is planned, 5) name of owner at time of clean-up, 6) type of site (e.g. landfills, abandoned buildings, petroleum/service stations, junk yards, meth labs, mine-scarred lands, etc.) 7) site street address, city, state, zip 8) Latitude/Longitude 9) is institutional control in place? (Y/N) 10) type of institutional control 11) summarize nature of contamination at site 12) site size in acres
Oversite and Enforcement
* Establish a follow-up inspection protocol whereby new Brownfields sites would be surveyed
* Establish a schedule and protocol to inspect sites that need to be closed
* Provide training for Brownfields Coordinator/other staff to acquire certification to inspect and assess sites
* Establish an inspection protocol to include inspection protocol to include inspection reports, mapping of sites, public input, safety issues and concerns of sites
* Research existing environmental oversight and enforcement authorities. Create a draft for oversight and enforcement authorities/codes and implement a review process
* Develop administrative procedures to assure response actions are conducted in a lawful manner and protect human health and the environment
* Obtain a legal review of oversight and enforcement authorities - perhaps only in a specific area such as recycling, pollution prevention, solid waste management, etc.
* Establish and train a multi-departmental Event Response Team to provide technical support during any type of environmental response
Meaningful Public Participation
* Incorporate Brownfields information into current public outreach activities through workshops, training seminars, newsletters, public education, local media, other agency and professional publications, website with public comment via e-mail.
* Develop environmental surveys that could be disseminated through above sources
* Discuss Brownfields activities when attending other program and agency meetings, etc.
* Establish procedure for prior notice and opportunity for public comment as well as a mechanism by which an affected person may request a site assessment be conducted
* Refine Public Involvement section of Environmental Review Code and / or other aspects of Public Involvement procedures
Environmental Assessments
* Conduct assessments on potential Brownfields sites by trained certified staff and / or by hiring a qualified contractor
* Estimate cleanup costs for particular site(s)
* Develop a reuse/redevelopment plan for sites(s) taking into consideration the contamination issues
* Development closure plans for dumps
Cleanup Plan
* Research existing cleanup plans and verification procedures
* Create a draft cleanup and verification plan and implement a review process
* Review/refine a specific cleanup/closure plan/procdure such as for landfills/dumps
* Establish adequate filing system where information is stored to assist parties conducting cleanup activities to make informed cleanup decisions
* Design a process by which cleanup plans and efforts can be certified and include procedures, documentation, and a step by step process
Inventory of Potentially Contaminated Sites
* Leech Lake Owned Facilities
* Inger Gas Station
* DRM Site
* Waboose Meth Lab
Current Owners:
A list of owners available at the DRM if needed on request.
Enforcement
Examples of Sites Audited
* RTC Retail
* Old RTC
* LLBO
* Vikre
* The Nest & WIC
Environmental Assessment
* DRM Phase I Work
* DRM Phase II - Sampling and Implementation
* DRM Phase II - Data Assessment and Report (In Preparation)
* Waboose Bay Phase I
* Waboose Bay Sampling Plan
* Old Gun Range Site Eligibility
* Facility Center Site Evaluation
* St. John's Episcopal Church- Onigum - Site Evaluation
* Open Dump in S. Lake
* Mission House
* Inger Site
Cleanup
Cleanup was performed at:
* Enbridge South Cass Lake Pumping Station - Information available includes the following reports:
* Remedial Investigation Report (2003)
* Feasibility Report (2004)
* Preliminary Feasibility Study (2005)
Public Record
Site Assessment and Cleanup Information
Tom's Harbor: 5905 167th St NW Cass Lake, MN 56636. Underground storage tank leak was found at this site. Letters were sent by LLBO Brownfields Program to the Potentially Responsible Parties. Over site of Cleanup and Enforcement of Tribal Environmental codes are being implemented at this site, awaiting final closure of the site.
Division of Resource Management: 15756 US HWY 2 NW Cass Lake, MN 56633. LLBO Brownfields staff submitted to U.S. EPA a Phase I Environmental Assessment Report, a Health and Safety Plan, and a Sampling Plan that would help address the feasibility of a botanical/cultural garden at the DRM site. No sampling work has been done on this site in 2006, and further plan revisions are being completed for final U.S. EPA approval.
Waboose Bay: Allotment 510, Lot 9 Sec 12, T144N, R29W Cass Lake, MN. A site visit was done and a Phase I is in draft form to be available in December 2006.
Enbridge South Cass Lake Pumping Station: Sec 17, R31W, T145N Cass Lake, MN 56633. This site has been contaminated by a pipeline leak. Over site of cleanup activities and enforcement is been conducted on this site. DRM has had several meetings and participated in the annual monitoring of this site. Two additional monitor wells have been installed. Feasibility studies are still being developed and not finalized yet.
Mission House: 15557 Co Rd 8, Cass County, Cass Lake, MN 56633. There was a fuel oil leak at this resident home. The Brownfields Program received water samples from the pumping well which was sent for laboratory analysis; chemical analysis results provided no indication of fuel in the drinking water.
Over site of remedial work at the former Inger store/gas station site. The contaminated soil was excavated and removed; remediation measures at this site are still in progress. Confirmation sampling would be made available to the public in 2007. Further information can be obtained by contacting LLBO DRM Brownfields staff.
Several audit reports were completed as a preamble to any site assessment and eligibility activities. These reports are pertinent to the already identified potential brownfields sites listed in the Inventory of Potentially Contaminated Sites of this website.
The LLBO DRM has also completed a Source Water Protection Wellhead Delineation study that identified groundwater zones that could be potentially affected by the LLBO Brownfields site inventory activities. These contaminated sites, if determined eligible by U.S. EPA, will be prioritized and considered for environmental assessment and cleanup work in the future.
Our goals for 2007 clean-up or over site: The Brownfields Staff has indentified 3 public building that are tribally owned with potential contamination, of which would require Phase 2 work. these building are the Tribal Collage Annex, Tribal College Parsonage, Eagle view Senior center ENP. We also identified several open dumps on the Leech Lake Reservation to do clean-ups on. Enforcement and Implementation Manuals
The purpose of this activity was to develop a guidance manual that brings together materials, tools, and information necessary for the LLBO to effectively implement its comprehensive Brownfields response program. Initiated in 2003, the Brownfields Program is an ongoing multiyear effort by the Band's Division Resource Management to develop a dynamic response program, expand the department's environmental enforcement capacities, assert the Band's sovereignty and civil regulatory authority, and protect the health and the reservation population and the quality of the reservation environment. Three volumes documenting the work completed can be accessed at the DRM Brownfields library by contacting the Brownfields staff.
Public Announcements
10-25-2005 Release (updated 9-10-07)
The Brownfields Program, through the Division of Resource Management, is providing public awareness concerning an approximate 48,000 gallon crude oil spill. The site is located south of US highway 2 west of the City of Cass Lake near the railroad tracks. Crude oil was detected in 2001 and currently can be found in the groundwater aquifer through on-site monitoring wells. The spill is a result of a leak from the Enbridge Energy Company South Cass Lake Pumping Station.
Since the spill has occurred several events have taken place to remediate the situation:
1. Remediation technologies being addressed
2. Risk factors are being addressed
3. Several studies have been generated
4. Two additional monitoring wells have been installed
5. Oil recovery will begin on October 27, 2005
6. Cooperative working relationship between Enbridge and Leech Lake Reservation
7. The USGS has proposed a series of investigations to assist the LLBO DRM in charaterizing the 3-dimensional plume distribution, the redox zone and microbial populations in relation to their attenuation capacity, and in estimating groundwater recharge to evaluate the possible effects of focused recharge on enhanced biodegradation of petroleum hydrocarbon. The proposed USGS studies will extend and supplement results from previous data collection studies conducted by the Enbridge Energy company and its consultants. The study will provide unbiased scientific information and tools that can be used by DRM and Enbridge to better manage the Cass Lake Site
The Leech Lake Environmental Department was given the mission to "protect and preserve the Reservation's land, water, and atmospheric resources from degradation of any kind which threatens the health, welfare, traditional customs or development of the Leech Lake Band within their homeland."
For further information concerning this spill please visit the DRM Environmental Information center, contact us or click on the link provided. All questions or concerns will be addressed. Click Here
Upcoming Events
In 2007, the Brownfields staff plan to participate into local Indian Council meetings to inform the community of the accomplishment and ongoing Brownfields program activities, to solicit new potentially contaminated sites not known to the staff, and to more actively involve in the site assessment and cleanup prioritization works. There will be announcements posted at several locations accessible to the public, including, RTC, the local Post Office, facility centers, and grocery stores.
LINKS:
U.S. EPA Brownfields Website
http://www.enbridgecasslake.com/to/site/986
CONTACTS...
Diane Thompson, Hazardous Waste Manager - dthompson@lldrm.org
Mario Reyes, Hazardous Waste Technician - mreyes@lldrm.org
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