"Brownfields are real properties, for which the expansion, redevelopment, or reuse may be complicated by the presence or potential presence of hazardous substances, pollutants or contaminants."

The Brownfields component of the Voluntary Cleanup Program allows a non-responsible party to acquire a contaminated property with State Superfund liability protection for existing contamination by agreeing to perform an environmental assessment and/or remediation. The amount of environmental work is site specific and dependent on the intended future use of the site. Our goal is to facilitate redevelopment of a property that hopefully will create new jobs and boost our economy, while protecting human health and the environment.

Once staff and a non-responsible party have agreed upon an approved scope of work for a site investigation and/or remediation, the party enters into a voluntary cleanup contract. Staff oversees the cleanup efforts to ensure that activities are performed to our satisfaction. Upon completion of the negotiated work in the voluntary cleanup contract, the non-responsible party receives State Superfund liability protection.

The first step in entering into the VCP as a non-responsible party is to fill out the " Non-Responsible Party Application for Voluntary Cleanup Contract " form and return it and your attachments to Robert Hodges.

• Model Voluntary Cleanup Contracts (VCC)
  • Non-Responsible Party
  • Responsible Party (pdf)

Brownfields Cleanup Revolving Loan Fund

We have available a Brownfields Cleanup Revolving Loan Fund totaling $4.25 million available for loan. DHEC first applied for the grant for the counties of Abbeville, Anderson, Greenville, Kershaw, and Spartanburg; the towns of Bluffton, Cowpens, Johnston, Lyman, Ware Shoals, and Yemassee; and the cities of Anderson and Greenville. Members of this partnership have specific amounts available for cleanup in their jurisdiction. Other local governments, businesses, non-profit organizations, and public and private parties across South Carolina are eligible to apply for a total of $900,000 as long as they are a non-responsible party performing a removal action under SC's Brownfields/Voluntary Cleanup Program.

• For further information and a fact sheet about the Brownfields Revolving Loan Fund, please visit the Catawba Regional Council of Governments Web site who Administers the Fund: http://catawbacog.org/economic-development-lending/brownfields-program/.

Public Notice

Public participation is an important part of the Brownfields/Voluntary Cleanup Program Act for non-responsible parties.
To provide notice to and an opportunity for community involvement, the following components are included for public participation:

• Notify citizens of proposed contract by placing a notice of the Department's decision to enter into a voluntary cleanup contract in the local newspaper
• Hold a 30-day public comment period on the contract that would begin on the date the notice is in newspaper
• Hold a public meeting, if requested or deemed necessary
• Non-responsible party must post a sign on the site stating:
  • A contact name
  • Address
  • Telephone number

Need a Tax Break?

Financial incentives are available for non-responsible parties who have entered into the VCP. They include:

1. State corporate income tax credit for expenses incurred by a taxpayer in cleaning up a site. For your convenience, the "Application for Certification Credit for Expenses Incurred Through Brownfields/Voluntary Cleanup Program"
2. Jobs tax credit in the amount of an additional $1000 to established job tax credit
3. Property tax exemption, with county concurrence
4. Fees in lieu of property taxes, with a $1 million threshold minimum

To find the form for the income tax credit:

1. Type http://www.sctax.org in your web browser
2. Go to "Forms and Instructions"
3. New Years Forms and Instructions
4. Tax Forms and Instructions Table of Contents
5. Scroll to SC SCH TC-20 - "Credit for Expenses Incurred Through Brownfields/Voluntary Cleanup Program."

If you have any questions concerning the form, please call Lynda May, Department of Revenue at (803) 898-5786.

In January 2002, the New Federal Brownfields Law called, "Small Business Liability Relief and Brownfields Revitalization Act) was signed by President Bush. The Environmental Protection Agency encourages revitalization of brownfields by offering assistance, such as awarding grants to state and local governments. Go to EPA's Brownfields website at http://www.epa.gov/brownfields, and to learn more about this Act and how it is impacting South Carolina and the Voluntary Cleanup Program.

• EPA Grants and Recipients of Brownfield Grants in SC.
• SC Brownfields Sites/Opportunity Zones Map

For more information, please contact Robert Hodges at 803-898-0919.