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Brownfield Redevelopment Authority
Frequently Asked
Questions
What is a Brownfield?
There are three types of
Brownfield properties:
Facility:
any property which contains hazardous substances in higher
concentrations than allowed by state law
(Natural Resources and Environmental Protection Act, 1994)
Blighted:
a property that the governing body determines:
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is a public
nuisance in accordance with a local housing, building, plumbing,
fire, or other related code or ordinance,
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is an
attractive nuisance to children because of physical condition,
use, or occupancy,
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is a fire hazard or
is otherwise dangerous to the safety of persons or property, or
Functionally
obsolete: a property that cannot be used to perform its
intended function due to factors such as overcapacity, changes in
technology, deficiencies or superadequacies in design, or other
similar factors.
(Brownfield Redevelopment Financing Act, 1996)
How do I find out if a property is known Brownfield?
The Michigan Department of Environmental Quality
(DEQ) has databases of known Facilities, Leaking Underground
Storage Tanks, and Underground Storage Tanks.
Click here to access these databases
If I purchase a Brownfield, what is my liability? What is my
responsibility to clean up the property?
Michigan uses a causation-based liability system
for property owners and operators. Under
Part 201 of the Natural Resources and Environmental Protection
Act, new owners may take advantage of the liability
protection offered by Part 201 by conducting a Baseline
Environmental Assessment (BEA) within 45 days after the date of
purchase, foreclosure, or becoming the operator of a property
and submitting the BEA to the Michigan Department of
Environmental Quality (DEQ). The BEA establishes that all prior
contamination was not caused by the current owner or operator.
The new owner or operator is also responsible
for performing due care activities. Due care
activities actions are the remediation measures needed to ensure
that the new use of the property:
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prevents unacceptable exposure to contamination,
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does not worsen current contamination, and
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protects against reasonably foreseeable actions
of third parties such as contractors or trespassers.
More information on BEAs and due care activities
is available at the
DEQ Brownfield Basics Page
What financial incentives are available for Brownfield
redevelopment?
Redevelopment projects with approved Brownfield plans may be
eligible for Brownfield Tax Increment Financing. A Brownfield TIF
provides reimbursement for eligible assessment and response
activities from the additional tax revenue that results from the
increased property value of a redeveloped property.
Projects
may also be eligible for a Michigan Business Tax Credit based on
eligible expenses.
In some
cases, redevelopment grants or loans are available from the Michigan
Department of Environmental Quality (DEQ) or the US Environmental
Protection Agency (EPA).
More
information on the financial incentives available through the
Newaygo County Brownfield Redevelopment Authority is available in
the County-Wide Brownfield Redevelopment
Plan, or at the
DEQ and
EPA websites.
Where can I find more information on Brownfield redevelopment?
More
information on Brownfield redevelopment is available from the
Michigan Department of Environmental Quality and the
US Environmental Protection Agency.
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