PADEP Planning Outreach on UECA
Based on the comments that I received, it looks like lots of people are interested in finding out how PADEP plans to implement the Uniform Environmental Covenants Act (UECA), which takes effect on February 16, 2008. In a recent exchange of emails that I had with Jill Gaito, PADEP's Deputy Secretary for Community Revitalization and Local Government Support, it sounds like our questions will soon be answered. Deputy Secretary Gaito is in charge of an internal workgroup that is developing guidance and a standard covenant document. Her workgroup is finalizing internal protocols and policies and is shooting to get something out publicly in early February. She also said the Department is planning a public roll-out for the new guidance to explain the implementation of the UECA and to gather information and answer questions.
Everyone who is involved with brownfields redevelopment should be closely watching the Department's website for announcements on the UECA. As of this morning, I didn't see any information, but as soon as something comes out, I will provide an update.
While the Department's information and roll-out will undoubtedly be helpful in understanding what will need to be filed and how the UECA will effect Act 2 and Storage Tank Act sites, I would expect that there will be other conferences and seminars developed to address the myriad of issues raised by the implementation of the UECA. The most positive aspect of the UECA is that it legitimizes the use of engineering and institutional controls at sites in Pennsylvania. Skeptics have questioned the reliability of these remedies. With the UECA in place, that skepticism should be lifted, inasmuch as the engineering and institutional controls will no longer be hidden in deeds but will be in an electronic state registry, and the controls will be enforceable.
On another note, Deputy Secretary Gaito told me that the Department appointed Troy Conrad as the new director of the Land Recycling Program. Troy comes out of the Bureau of Watershed Management. My best wishes go to Troy. He'll be taking the reigns of a highly successful and mature program. He'll also have some very big shoes to fill, following in the footsteps of Dave Hess and Tom Fidler who were both integral players in the development and implementation of PADEP's award winning program.
