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CSI Part II – MDEQ rolls out brownfield tax increment financing proposal – five major changes you should know about

11 Nov 2014

moneyAs you may recall from this spring, I was asked to serve on MDEQ’s initiative to  review and improve the “patchwork quilt” of statutes and rules regarding brownfield redevelopment incentives, grants and loans.  A CSI II group (of which, in full disclosure, I chaired the Legislative Committee) met regularly over the Spring and Summer and MDEQ has announced two meetings (see the attached flyer) to roll out the proposed changes. These changes have not yet been introduced in the Legislature and thus, are currently only an MDEQ internal recommendation. The hope is that these changes will be introduced shortly.

if passed, these proposed changes should streamline, simplify and speed up the process for loan, grant and TIF approvals to enable projects to get started faster than ever before while supporting a greater range of eligible activities than previously available.

There was some tension between those championing redevelopment and those focusing on environmental remediation but ultimately, there was agreement on a set of changes and clarification of the rules and statutes to clarify the process for obtaining loans, grants and tax increment financing for brownfield redevelopment.  The five most significant changes include: (more…)

Michigan Pipelines Under Review

29 Oct 2014

pipeline

Spills from pipelines were very newsy over the last couple of years.  There was the Kalamzoo River oil spill and a number elsewhere.  As with most things, eventually the public and news media tire of it and move on to something else.  A recent Indiana spill into Lake Michigan barely made any news.  Interestingly, this summer, the State of Michigan created a Michigan Petroleum Pipeline Task Force to review issues relating to pipelines transporting petroleum products around the State.  Despite federal jurisdiction by the  federal Pipeline and Hazardous Materials Safety Administration, the Task Force is looking at issues including:

  • Michigan’s emergency management preparedness for spills,
  • Coordination of permitting issues for pipeline upgrades and replacement, and
  • The creation of a state website to serve as an information clearinghouse for residents who have questions or concerns about pipelines.

The Task Force’s members are Co-Chairs: Dan Wyant, Michigan Department of Environmental Quality and Bill Schuette, Michigan Attorney General, and John Quackenbush,  Michigan Public Service Commission, Keith Creagh, Michigan Department of Natural Resources, Jon Allan, DEQ’s Office of the Great Lakes, Kirk Steudle, Michigan Department of Transportation and Col. Kriste Kibbey Etue, Michigan State Police.

As Michigan is looking at pipeline risks and preparedness, so should you.

(more…)

What is a 100 year rain anyway?

14 Aug 2014

Anonymous_two_red_diceAfter the recent flooding, news reporters came out and pronounced Monday a “100 year rainstorm.”  What does that mean anyway?  Is this mere hyperbole, like “trial of the century”?

The term has a specific impact for both insurance purposes and for planning.  Your flood risk determines whether you should buy (or whether you are eligible for) flood insurance.  And I assume that, as to sewer backup insurance (there is such a thing), it also affects your rates.  So, given that we’ve had rain storms in Detroit of over 4 inches 4 times over the last 100 years, what is a 100 year storm?

A 100 year rain storm (like a 100 year floodplain) does not mean that it happens only once every hundred years but rather that, statistically, planners believe that there is only a 1% chance of it happening in any one year.  Think about rolling a die.  If you roll a 3 four times in a row (assuming the die is fair), when you roll it a 5th time, its chances of coming up a 3 (or any other digit) is still 1 in 6 or 16.7%.  Weather is a bit more subjective and variable than rolling a die or flipping a coin but the same concept applies. (more…)

First the floods; next the mold

13 Aug 2014

Metro floodingDetroit got a lot of national attention about the 4+ inches of rain that we received on Monday and the freeways that were flooded (so much so that Governor Snyder issued a disaster declaration today).  Less discussed are the basements that filled with water and in some cases sewage that backed up because the sewer systems couldn’t keep up.  As the waters recede, people all over southeast Michigan are trying to figure out what to do next.  Once electricity is safely addressed and the water is gone, the question becomes what to keep and what to pitch.   The basic rule is that if it is hard and non-porous, you can clean it; if not, it must be professionally cleaned or disposed of.  Here are a few additional suggestions:

  • For insurance purposes, take pictures of your basement before beginning any work.
  • Shovel out as much mud as you can as quickly as possible. The mud left behind by floodwaters poses a health hazard, and it is a lot easier to remove before it dries out.
  • Hose off the walls and floors with clean water and then disinfect them with a solution of 1 ½ cups of liquid chlorine bleach to a gallon of fresh water.  NEVER mix bleach and ammonia cleaning products. This will produce deadly chlorine gas.
  • Disinfect all surfaces that were soaked by flood waters with “disinfecting” or “sanitizing” products.  An alternative is to use a mixture of 1/4 cup liquid chlorine bleach mixed into one gallon of water. Remove mildew using household mildew removers or fungicides.
  • Remove the vents or registers of heating and air conditioning ducts, the wall covers for wall switches and outlets that were flooded. Clean and disinfect them as above.
  • All flexible ducting, including dryer connections, should be replaced.

Now comes the truly difficult part – the finished basement- (more…)

The Supreme Court, Environmental Law and Statutes of Repose

12 Jun 2014

SupremeCourtKennedyCenter022This week, the US Supreme Court issued an opinion in the case of CT Corp. v. Waldburger.  The decision dealt with whether the federal Superfund law’s statute of limitations trumps North Carolina’s statute of repose.  In an uncharacteristically short opinion, the Court held that it does not.

Defendant CTS contaminated property which it sold and which was then resold to the plaintiffs.  Plaintiffs sued under the federal Comprehensive Environmental Response, Compensation and Liability Act (the Superfund statute or CERCLA).   CERCLA’s statute of limitations states that if there is a State statute of limitations that begins to run before the federal limitations period begins, then the typically long federal period (which includes a provision that does not “start the clock” until the wrong was “discovered”) to bring suit  governs.  North Carolina has what’s called a “statute of repose” which, in this case, lapsed in 1997, 14 years before the plaintiffs discovered their injuries and filed suit. (more…)

Blight busting in Detroit – best of times/worst of times

29 May 2014

imageThis week, the City of Detroit rolled out its blight plan.  Of course, the national press highlighted the traditional “bad news about Detroit” story that we’ve heard for 40 years, replete with the traditional photo of the Ren Cen with a burned out house in the foreground.

The reports cite the negative big scary numbers: $850 Million to demolish most of the blight in the next five years; the City has access to about 1/2 of that; 84,641 blighted or nearly blighted structures and vacant lots, 1/2 of which should be demolished and cleaned up immediately; 93% of the properties held by governments need to be knocked down or cleaned up.

Well, that sure sounded bad but up at the Mackinac policy conference, Mayor Duggan told the most uplifting (in my opinion) Detroit blight story that I have ever heard. He talked about his goal to increase the City’s population by the end of his term – 3 years away.

Mayor Duggan talked about relighting the City’s streetlights, he talked about improved emergency response and about other issues.  But the best part of his talk was about blight. He discussed his new neighborhood approach – focusing on one neighborhood at a time; not waiting 3 years to take the properties back for taxes and, most importantly, telling owners of blighted homes to either agree to fix the homes in 6 months or lose them. Amazingly (to everyone including Mayor Duggan), many of the owners have stepped up and begun making repairs. The City has an auction site, which has gotten some national notice and, literally, thousands of people have shown up for open houses and the City has sold homes, sometimes for more than suburban homes. The Mayor discussed one neighborhood with 49 homes slated for demolition – after using his new approach, that list was cut to nine.

Certainly there are areas of the City that will need to be swept clean (and hopefully primed for redevelopment), and there are areas that won’t be addressed for a while, but the Mayor’s neighborhood program was a very uplifting breath of fresh air.

Earth Day at 44…. still crying?

22 Apr 2014

Earth Day brings me right back here

Earth Day brings me right back here

Happy Earth Day 44.  We have come a long way from the challenges and problems that led to the first Earth Day –  a 1969 oil spill in Santa Barbara, California; the dead zone in Lake Eriesmog in Los Angeles and burning rivers in the Midwest.

The first Earth Day led to the creation of the US Environmental Protection Agency and the passage of environmental laws like the Clean AirClean Water, and Endangered Species Acts.  As the EPA and its state counterparts have continued to regulate, there has been a backlash of business and media outcry which certainly impacts the public’s views.

The challenges we face today are more complex and likely more daunting than those of 44 years ago.  We still have oil spills, but they are from rail cars, pipelines, larger ships and deeper wells.  Lake Erie and many other bodies of water are still challenged by more diffuse and “below the radar” sources of contamination.  While reducing the impacts of asbestos, lead and NOx from our daily lives, and healing the ozone hole, we now face questions regarding greenhouse gasses, smog impacts from and in China unlike anything LA ever faced, and the challenges and benefits posed by fracking.

Once the “low hanging fruit” of easy cleanups were “picked,” what we were left with was less shocking or engaging than dead fish and burning rivers.  Consequently, there’s much more debate about the best way to address them or whether they need to be addressed at all.  The issues are just as important – maybe more so, but it’s unlikely that our polarized nation would agree on what changes would be best, if any.