Contamination is no longer a dirty word for developers. (Insiders Outlook).

Fourteen years ago, the designation of a site as 'contaminated' was the kiss of death for developers. Builders wouldn't touch the property, and lenders would run for the hills.

But today's new urban environment laws, combined with opportunities for new construction in markets like New Jersey, have changed all that. The scarcity of open land suitable for development, especially in Northern New Jersey and throughout the New York Metropolitan Area, has made the revitalization of brownfield properties an acceptable and growing element in the development process. The challenge today is how to accomplish such site reclamation in a way that meets the complex federal and state requirements, boosts the local economy, improves the environment, and still provides a profitable opportunity for a developer.

Brownfield development is not for the faint of heart. But if done carefully and knowledgeably, it can be rewarding and profitable. We now have two light industrial warehouse and office facilities operating in Greenville Yards, which has both Urban Enterprise Zone (UEZ) and Foreign Trade Zone (FTZ) designation. A third cold storage warehouse is in the early stages of development.

Another one of our projects, Half Moon Harbour, a multi-family luxury apartment building on the Hudson River waterfront in North Bergen, also gives evidence to the rewards of a thorough and efficient site clean-up and is a good example of how the process can work.

At Half Moon Harbour, we instituted a self-drafted MOA -- an agreement with the NJDEP about the remedial actions planned for the site. We then retained environmental professionals with whom we entered into a Sampling Plan to test ground water and soil conditions. Reports were generated reflecting the historic use of the site and documenting the type and depths of various strata of soil, silt and rock. Following the technical review of the samplings requested by the DEP, we produced a RAWP, and upon its approval, we instituted the required engineering controls at the site. Essentially, those requirements included the containment and removal from the property of a small quantity of materials that sat on the surface of the site. These materials were classified and approved for removal by the DEP and then the general earth work began, in compliance with the RAWP and the Health and Safety Plan. All utilities were buried in certified clean fill. A cap of 24" of certified clean fill was placed on all areas not cove red by buildings or impervious improvements. The placement of all capping materials was witnessed by licensed professionals, including an environmental scientist and soil engineers. After certification by these professionals, the site was planted with lawns and foliage, a copy of the Remedial Action Report was filed and approved by the DEP, and the site was inspected and approved. Finally, a Deed of Environmental Restriction was filed, recording the nature, area and frequency of environmentally sensitive materials found on site, and delineating the requirements for the placement of engineering controls. With all these actions completed, the DEP issued a No Further Action Letter.

As this indicates, a proactive approach is key to the success of a brownfield development project, as is an understanding of both the practical details and the intent of the ISRA process. The developer's job involves working with investors, landowners, and environmental specialists, and focusing on the positive effects the project will have on the community.

Most importantly, brownfield developers must keep current with the most recent changes and advances in the field. The following web sites can be very helpful: www.state.nj.us/dep/srp/publications/brownfields and www.epa.gov/region02/superfund/brownfields.

The remediation process, in both its legal and technical aspects, continues to evolve. The Brownfield and Contaminated Site Remediation Act of 1998, for example, provides new provisions and new funding possibilities.

Each step in the remediation process increases the opportunity to put abandoned sites back into productive use, to increase the tax-base of a community, restore failing cities, and bring us closer to a world that is cleaner and safer for our children and all future generations.