CCommunication, communication,

communication! Just like in a marriage, resolving environmental issues on brownfield sites with the Pennsylvania Department of Environmental Protection (DEP) involves a lot of communication – frequently and as early in the process as possible.

The myriad of regulations, policies, guidance, forms and personnel within DEP is not an easy road to traverse. Neither is the world of site remediation, which can be quite complex. But

Pennsylvania is the only state in the union that has enacted legislation specifically to guide cleanup of brownfield sites, with the end results being a release of environmental liability, preservation of greenspace, and reuse of contaminated properties.

How Brownfield Cleanup WorksWhat is a brownfield? People tend to

think of brownfields as old industrial sites, abandoned, great hulking buildings that are rusty with boarded up and broken windows. Pennsylvania currently has

no regulatory definition for brownfield sites, and uses the U.S. Environmental Protection Agency’s definition.

"The term Brownfield 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."

This definition covers all types of properties, ranging from residential homes (usually with heating oil tank releases), to commercial sites (strip malls, medical facilities, service stations, restaurants, etc.), to large industrial manufacturing properties.

Cleaning up brownfields has developed (Continued on page 2)

August 2009

717 761 5070 ext 120

www.BillGladstone.com

wgladstone@naicir.com

Community Involvement

www.naicir.com

Working with DEP to Resolve Brownfield Issues By Kathy Horvath

A publication of the Bill Gladstone Group of NAI CIR

As part of the Bill Gladstone Group of NAI CIR’s efforts to become more involved in the Harrisburg community, the Group teamed with the Central Pennsylvania Blood Bank (CPBB) for their second annual Blood Drive on Thursday, July 16. It was a very successful drive this year with 32 registered individuals and 27 pints collected.

CPBB was incorporated in 1960 as a not-for-profit, community based blood program. The organization provides over 99% of the blood transfused in 14 mid-state hospitals. In the coming year, CPBB needs to collect 80,000 pints of blood to meet the needs of area hospitals. We encourage you to visit http://www.cpbb.org to learn more about how you can help.

Bill Gladstone Group Blood Drive

1-2, 5 Brownfield Issues

3-4, 6-7 Current Listings

7Group Member Spotlight

8 Submit a Question

Gladstone hard at work while giving blood.t

into a step-by-step process known as environmental due diligence. The process starts with a Phase I Environmental Site Assessment which looks at how land use could, or did, contaminate the site’s soil and/or groundwater. If there is the presence of or potential for contamination, a Phase II Environmental Site Assessment is performed to collect soil and/or ground water data. The assessment’s goal is to determine what and how much contamination is present, where the contamination is, and where it is going. The next step is to remediate the site, by either removing the contamination or managing any risk to human health and the environment. The amount of cleanup is dependent on the intended end use of the property – using a property for residential purposes will require more remediation than a property used for commercial or industrial purposes.

Pennsylvania’s Land Recycling Program

Pennsylvania’s Land Recycling Program was passed into law in 1995. Prior to that time brownfield redevelopment was hindered by fear

of regulatory enforcement, lack of a definitive end point for cleanup, potential for eternal liability, and a lack of financial incentives to offset cleanup. As a result properties were abandoned or mothballed, jobs were lost, urban blight increased, environmental impacts went unchecked, irreplaceable greenspace was lost, and urban sprawl ensued.

The program included several acts. Act 2, the Land Recycling & Environmental Remediation Standard Act, provides uniform cleanup standards, standardized review procedures, and a release from environmental liability. Act 3 limits environmental liability for economic development agencies, financiers and fiduciaries. Act 4 provides financial

assistance for brownfield cleanup and redevelopment.

Administrative IssuesEntering the Act 2 program starts

with the submittal of a Notice of Intent to Remediate (NIR). Administrative requirements associated with NIR submittals include two notifications, one in a local newspaper and the other to the municipalities where the site is located. DEP’s south central regional office received 67 NIRs in 2008, 33 percent of which were administratively incomplete. The most common problems included no proof of newspaper and/or municipal notice, lack of a signed certified mail return receipt, or notifications not including a 30-day comment period.

The number and types of reports submitted under Act 2 depends on the cleanup standard selected. There are also administrative requirements for each report submittal, regardless of the type of report submitted. Over 130 reports were submitted to the south central office in 2008, and 49 percent were unable to be processed due to the following types of administrative deficiencies: no proof of newspaper and/or municipal notice, lack of a signed certified mail return receipt, incorrect or no fee submitted, incorrect title page, notification to newspaper and/or municipality prior to the expiration of the 30-day comment

period, or report submitted to DEP prior to the expiration of the 30-day comment period.

While these deficiencies are easily corrected, report review cannot begin until all administrative requirements are fulfilled. Checklists on DEP’s Web site provide a convenient way to ensure that report submittals meet all requirements.

Technical IssuesReports are ready to be reviewed

by DEP’s technical staff once the administrative hurdles are overcome. Less than 10 percent of reports are approved without some type of communication between staff and the consultant who prepared the report. Typically, the more complicated the site, the higher the chance that a technical issue will need to be discussed. Even consultants working closely with DEP can overlook something or misinterpret the regulations. Too many reports do not contain any conclusions or do not indicate what Act 2 standard is obtained.

Technical deficiencies can be minor (easily resolved via e-mail or phone), or major enough that report review will be stopped until issues are resolved. Occasionally, a minor deficiency will turn major (i.e., a corrected indoor vapor assessment reveals the need for sampling). A very small percentage of reports are poor enough that DEP issues a denial letter.

Minor deficiencies include poor model assumptions; missing files, figures, tables, data or other relevant documents; poor presentation of data (maps, tables, etc.); lack of discussion on site characterization or sample collecting; no groundwater flow maps; no signature page when multiple remediators/owners

2

Brownfield Issues (Continued from page 1)

(Continued on page 5)

"Less than 10 percent of reports are approved without some type of communication between staff and the

consultant who prepared the report."

3Information concerning these offerings comes from sources deemed reliable, but no warranty is made as to the accuracy thereof, & they are submitted subject to errors, omissions, change of price or other conditions, prior sale or lease, or withdrawal without notice. All sizes approximate. NAI CIR, 1015 Mumma Road, Wormleysburg, PA 17043 PA License #RB024320A

Commercial Real Estate Services, Worldwide.

CIR717.761.5070 l www.naicir.com

NEW LISTINGS

p CONTACT US TODAYBill Gladstone Group of NAI CIR717.761.5070 ext.120www.BillGladstone.com

p LEASE – 3401 N. FRONT STREET, HARRISBURG6,500-13,000 SF available in first class, prestigious, well-located building along Harrisburg’s River Front Park. Grand lobby with exquisite finishes: beautiful hardwood trim & encasings; all offices have accent windows. Quick, easy access to full interchange of I-81.

p SALE – 310 N. HANOVER STREET, CARLISLE3,750 SF freestanding building. Located within a few blocks of the historic downtown area where the County Courthouse is located. On-site parking. Zoning permits retail stores, financial institutions, daycares, laundromats, restaurants & convenience stores.

p LEASE – 920 LINDA LANE, CAMP HILL4,900 SF nicely finished office suite. Property sits in the SWQ of the US Rt. 15 & PA Rt. 581 interchange with sign exposure to each highway. Property will be accessible from a full signalized intersection upon completion of US 15/PA 581 project.

p LEASE – 3903 HARTZDALE DRIVE, SUITE 202, CAMP HILL1,522 SF suite available for a sub-lease opportunity in an established, well-situated business park. Space is self-contained with a functional “flex” design. Park consists of 7 buildings & is within one-tenth of a mile to US Rt. 15 interchange.

p SALE – 1701 N. 3RD STREET, HARRISBURG15,840 SF building in the expanding mid-town area. Redevelopment opportunity for mixed-use project. Located two blocks from the new HACC Midtown Campus & new 72,000 SF mixed-use Campus Square Building.

4 Information concerning these offerings comes from sources deemed reliable, but no warranty is made as to the accuracy thereof, and they are submitted subject to errors, omissions, change of

price or other conditions, prior sale or lease, or withdrawal without notice. All sizes approximate. NAI CIR, 1015 Mumma Road, Wormleysburg, PA 17043 PA License #RB024320A

Commercial Real Estate Services, Worldwide.

CIR717.761.5070 l www.naicir.com

www.billgladstone.com/commercial COMMERCIAL LISTINGS

INDUSTRIAL LISTINGSwww.billgladstone.com/industrial

p SALE – 407 N. QUEEN STREET, LITTLESTOWN1,508 SF single-story brick building. Former bank facility with 3 drive-thru lanes. On the corner of N. Queen Street & Windsor Street. On-site parking available.

p SALE – 4450 PAXTON STREET, HARRISBURG3,200 SF freestanding commercial building with expansive fenced yard for outside storage & parking. Easy access to all major PA highway systems. Partially leased to good credit tenant.

p LEASE – 415 MARKET STREET, HARRISBURG 8,187 SF of retail space available on 1st floor inside the Harrisburg Transportation Center; divisible 792-7,395 SF. Could also be converted into office space.

p LEASE – 1727 N. SECOND STREET, HARRISBURG1,500 SF available in shell condition; can be subdivided to 1,200± SF. Building sits at signalized corner in densely populated residential area. Ideal for deli or office.

p LEASE – 4700 WESTPORT DRIVE, MECHANICSBURG44,625 SF available; subdividable from 1,755-25,575 SF. New office/warehouse flex building. Situated right off US Rt. 15 at the Rossmoyne exit - within 0.25 mile of I-76. Dock & drive-in door combination per bay.

p LEASE – 142 RENO STREET, NEW CUMBERLAND10,140 SF available Oversized drive-in door for easy loading. Easy access to I-83 & PA Turnpike (I-76).

p LEASE – 493-G BLUE EAGLE AVE., HARRISBURG6,000 SF in modern office/warehouse flex facility. Exposure along I-81 with easy access & less than 1 mile to a full interchange. 18' clear ceiling height. 1 dock & 2 drive-in doors.

p LEASE – 5340 JAYCEE AVE., HARRISBURG16,848 SF in modern flex facility. Can accommodate 3,400-9,568 SF contiguous. Easy access off Rt. 22 & quick connection to I-81. 16' clear ceiling height. 6 docks & 7 drive-in doors.

5

Brownfield Issues (Continued from page 2)

are involved; not doing proper receptor search or surveys; no discussion on how samples were taken and their QA/QC (quality assurance/quality control) procedures; typographical errors; missing data (i.e., no soil sample collection depths, well logs, etc.); improper use of the soil vapor screen; errors in modeling inputs; figures labeled incorrectly (i.e., no scales, no north arrows, no or incorrect legends) – the list goes on and on.

Major deficiencies would be something in direct conflict with the regulations; something that cannot be easily amended; not enough attainment samples or outdated data, resulting in additional data collection; lack of significant information; no ecological or indoor vapor assessment; incorrect inputs into models resulting in different results; weak monitoring well configuration; sparse or incorrect soil sampling for the desired standard; incorrect or no statistical analysis; lack of clarity, poorly written, or conflicting sections in a report; continued failure to address previous comments/deficiencies; suspect data (i.e., all wells stabilized in 15 minutes) – to name a few.

FundingThe question invariably arises: Is there

any funding available for brownfield remediation? Yes, but obtaining a grant or loan can be a lengthy process and may need to be initiated by a municipal entity. Both Pennsylvania and the U.S. Environmental Protection Agency (EPA) have funding in place. Note that the application process is different for every type of funding.

Monies for site development in Pennsylvania can be found in the Industrial Sites Reuse Program, the

Infrastructure Development Program, the Infrastructure & Facilities Improvement Program, Building PA, a Tax Increment Financing Guarantee, and PENNVEST. Details on these programs can be found at w ww.newpa.com.Company specific funding sources include the Governor’s Action Team and the Department of Community and Economic Development. Web sites for these two entities can be found at www.depweb.state.pa.us (click on “Fueling Energy Savings”) and also www.newpa.com.Federal funding programs are administered by the EPA and include Assessment Grants, Revolving Loan Fund Grants, Cleanup Grants, Job Training Grants, Targeted Brownfields Assessments, and the American Recovery & Reinvestment Act. See www.epa.gov/brownfields for more information.

Wrap UpPurchasing or developing a brownfield

property can be intimidating, but seeing a derelict or abandoned property brought back to use is very rewarding. In addition to combating urban blight, protecting the environment, helping maintain greenspace and checking urban sprawl, the state will issue an environmental release of liability for the contaminants and media (soil,

groundwater and surface water) that obtain an Act 2 standard. This release of liability will transfer to future property buyers, making the property more attractive and valuable.

Kathy Horvath is a PA licensed professional geologist. After graduating from Millersville University with a BS in Engineering Geology, she worked as an environmental consultant doing Phase I and II environmental site assessments. Her career with the PA Department of Environmental Protection included performing hydrogeologic work while permitting public water supplies. She is currently the Special Projects Chief in the Environmental Cleanup Program, where she oversees the Land Recycling & Environmental Remediation Standards Act (Act 2) program in the South central Region. This region serves the counties of Adams, Bedford, Berks, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry, and York.

Information on Act 2, including forms and notification language, can be found by searching for “Land Recycling”at www.depweb.state.pa.us. If you want to speak with someone about Act 2 or brownfield development, feel free to contact Kathy Horvath at 717-705-4866 or khorvath@state.pa.us.

p SALE – 1103 N. FRONT STREET, HARRISBURG1,805 SF three-story building. Riverfront with astonishing views from all 3 floors. 5+ spaces of on-site parking. Property is well-maintained.

p LEASE – 686 YORKTOWNE ROAD, LEWISBERRY2,386 SF freestanding building. Consists of open area for workstations, 3 private offices, conference room & kitchen. High visibility & easy access to I-83. 17 parking spaces in common.

6 Information concerning these offerings comes from sources deemed reliable, but no warranty is made as to the accuracy thereof, and they are submitted subject to errors, omissions, change of price or other conditions, prior sale or lease, or withdrawal without notice. All sizes approximate. NAI CIR, 1015 Mumma Road, Wormleysburg, PA 17043 PA License #RB024320A

Commercial Real Estate Services, Worldwide.

CIR717.761.5070 l www.naicir.com

www.billgladstone.com/office OFFICE LISTINGS

p LEASE – 101 N. SECOND STREET, HARRISBURG2nd & 3rd floors available above Metro Bank. 6,165 SF per floor; subdividable. Prominent location in the CBD with all downtown amenities.

p SALE – 141 S. 32ND STREET, CAMP HILL1,400 SF building for easy conversion to an office. Daily exposure to 42,000+ vehicles along Rt. 11/15. Convenient access to Rt. 581 interchange with easy connections to major PA highways.

p LEASE – 470 FRIENDSHIP DRIVE, HARRISBURG6,036 SF available; divisible from 1,100-2,869 SF. Convenient location in Harrisburg's Premier Technology Park at the Eisenhower Interchange (I-83, I-283 & Rt. 322). Storage can be made available for additional fee.

p LEASE – 1170 HARRISBURG PIKE (REAR), CARLISLE13,500 SF freestanding building; can be subdivided. Easy access to major PA highway systems. Situated along Rt. 11 at the PA Turnpike (I-76) interchange. Easily accessible from 2 signalized intersections. 5 parking spaces/1,000 SF.

p LEASE – 1170 HARRISBURG PIKE, CARLISLE58,554 SF (subdividable) two-story building; fully finished basement & attic. Great for a regional office or other large office users; easy access to all major PA highway systems. Situated along Rt. 11 at the PA Turnpike (I-76) interchange.

p LEASE – 4390 STURBRIDGE DRIVE, HARRISBURGCurrently pre-leasing a 7,840 SF single-story building. Build-to-suit; subdividable. Located in Sturbridge Business Park on Linglestown Road.

7Information concerning these offerings comes from sources deemed reliable, but no warranty is made as to the accuracy thereof, and they are submitted subject to errors, omissions, change of price or other conditions, prior sale or lease, or withdrawal without notice. All sizes approximate. NAI CIR, 1015 Mumma Road, Wormleysburg, PA 17043 PA License #RB024320A

Commercial Real Estate Services, Worldwide.

CIR717.761.5070 l www.naicir.com

Group Member Spotlight

www.billgladstone.com/land LAND LISTINGS

LOCATION ACRES ZONING TYPE

Bent Creek Blvd., Mechanicsburg, Cumberland County 2.4 Community Commercial Lease

Rt. 11 & PA Turnpike, Carlisle, Cumberland County 2.66 Commercial Highway Lease

1610 N. 7th Street, Lebanon, Lebanon County 1.26-2.39 General Commercial Lease

550 E. Main Street, Hummelstown, Dauphin County 1.0 Commercial Lease

US Rt. 11 & PA Turnpike, Lots 4-5, Carlisle, Cumberland County 1.536 & 1.379 Commercial Lease

Stoverdale Road & Middletown Road, Hummelstown, Dauphin County 5.0 Commercial Lease

Wyndamere Road & I-83, Etters, York County 1.40 Commercial Sale

St. Johns Road, Camp Hill, Cumberland County 3.05 Commercial/Office Sale

Rt. 743 (Hershey Road), Elizabethtown, Lancaster County 1.5 Commercial Sale

Rt. 22 & Rt. 39, Harrisburg, Dauphin County 7.70 (6 lots) Commercial Highway/Office Sale

Wildwood Park Drive, Harrisburg, Dauphin County 2± Commercial (good restaurant site) Sale

7700 Derry Street, Harrisburg, Dauphin County 15.51 (8 lots) Commercial Sale

Lena Drive, Lot 15, Mechanicsburg, Cumberland County 6.920 Planned Business Center District Sale

East Cumberland Street (Rt.422), Lebanon, Lebanon County 2.2 Commercial Sale

2-6 Dunwoody Drive, Carlisle, Cumberland County 4.850 (5 lots) Commercial Sale

5140 Jonestown Road & 4 Carolyn Street, Harrisburg, Dauphin County 1.230 General Commercial Sale

N. Baltimore Street & Rt. 15, Dillsburg, York County 2.29 Mixed Use Center District Sale

Rt. 15 & Rt. 74, Dillsburg, York County 129.480 Commercial Sale

Eisenhower Blvd., Harrisburg, Dauphin County 10± General Commercial Sale

Carlisle Pike (Rt. 11), Mechanicsburg, Cumberland County 19.5 Community Commercial Sale

638 Alricks Street, Harrisburg, Dauphin County 1.320 Heavy Industry Sale

100 N. Hershey Road, Harrisburg, Dauphin County 19± Neighborhood Commercial Sale

6290 Allentown Blvd., Harrisburg, Dauphin County 2.14 Commercial Sale

Milroy & Grayson Roads, Lot 16, Hummelstown, Dauphin County 1.92 Manufacturing District Sale

1501 Harrisburg Pike, Carlisle, Cumberland County 2.08 Commercial Sale

1442 Trindle Road, Carlisle, Cumberland County 6.63 Industrial District Sale

Milroy & Grayson Roads, Lot 17, Hummelstown, Dauphin County 1.72 Manufacturing District Sale/Lease

6325 Chelton Avenue, Harrisburg, Dauphin County 3.75 Business Campus Sale/Lease

David specializes in the sales and leasing of Class “A” and “B” office properties in the Greater Harrisburg Market. His experience allows him to utilize technological and market research skills to deliver his clients’ desired results. In addition, his attention to detail and commitment to satisfy the needs of each client enable him to successfully provide buyer, seller, landlord and tenant representation services.

David joined the Bill Gladstone Group of NAI CIR in 2005 as the Operations Associate. In this role he performed market research and analysis, assisted Bill with all aspects of sales and leasing transactions, and managed the information for a listing inventory of more than 80 properties. In 2008 David advanced his position with the Bill Gladstone Group and took on the added responsibility of actively selling and leasing properties, while still maintaining all of his operational duties to the Group.

David RudySales & Operations Associate

PRESORTED STANDARDU.S. POSTAGE PAID

Harrisburg, PAPermit No. 783

BILL GLADSTONE, CCIM, SIOR

NAI CIRP.O. Box 8910Camp Hill, PA 17001-8910

The Bill Gladstone Group of NAI CIR is starting a new interactive column in our newsletter. This will give our subscribers the opportunity to ask questions and receive answers from a qualified professional in a relevant field. We will post two questions/answers bimonthly so readers can gain professional insight. We have professional contacts in all industries, so please, ask away!

We are also looking for authors for our upcoming newsletters. We need local professionals to write short articles focusing on a leading topic in the commercial real estate industry within Central Pennsylvania. This is a free investment that will give you and your company some well-deserved publicity.

If you're interested in submitting a question or article idea, please contact Amanda Mull at amull@naicir.com or (717) 761-5070 ext 116.

Have a question?We will have a professional answer it for you.

Return Service Requested