Model Environmental Covenant

An Environmental Covenant is required whenever engineering and/or institutional controls are used to demonstrate attainment or assure maintenance of a remediated site. More information on environmental covenants can be found at PADEP's website.

In December, 2007, Governor Edward G. Rendell signed the Uniform Environmental Covenants Act (UECA) into law as Act 68 of 2007. The law makes it easier for the DEP to track whether actions taken to remediate regulated substances at contaminated industrial, commercial or residential sites to appropriate cleanup standards are maintained over time.

An amendment to Section 1. Title 27 of the Pennsylvania Consolidated Statutes adding Chapter 65: Uniform Environmental Covenants.

The Department of Environmental Protection has identified a number of questions concerning the provisions and implementation of the Uniform Environmental Covenants Act frequently asked by remediators, consultants, attorneys and real estate professionals.

Brownfield Redevelopment Transactional Support & Funding Programs

The Brownfields Tax Incentive is a federal tax initiative designed to spur the cleanup and redevelopment of brownfields. Under the Brownfields Tax Incentive, environmental cleanup costs for eligible properties may be treated as fully deductible business expenses for the year in which costs are incurred or paid. To claim the tax incentive, the taxpayer must receive a statement of eligibility from the Pennsylvania Department of Environmental Protection.

For more information visit the PA Department of Environmental Protection.

Cleanup Grants

Cleanup grants provide funding for a grant recipient to carry out cleanup activities at brownfield sites. An eligible entity may apply for up to $200,000 per site. Due to budget limitations, no entity should apply for funding cleanup activities at more than five sites. These funds may be used to address sites contaminated by petroleum and hazardous substances, pollutants or contaminants (including hazardous substances co-mingled with petroleum). Cleanup grants require a 20 percent cost share, which may be in the form of a contribution of money, labor, materia, or services, and must be for eligible and allowable costs (the match must equal 20 percent of the amount of funding provided by EPA and cannot include administrative costs)

A cleanup grant applicant may request a waiver of the 20 percent cost share requirement based on hardship. An applicant must own the site for which it is requesting funding at time of application or demonstrate the ability to acquire title. The performance period for these grants is two years.

More information is available through the Environmental Protection Agency.