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Brownfields Assistance Section 128(a) Orphan Tank Removal Program

The Section 128(a) Orphan Tank Removal Program (OTRP) pays for removal of orphan underground storage tanks to encourage redevelopment and productive reuse of vacant and/or blighted properties. An orphan tank is tank that is out of operation and cannot be tied to a viable owner/operator. Nebraska Department of Environment and Energy (NDEE) staff will utilize a private contractor to remove the tank and conduct environmental sampling at no cost to eligible applicants. An excavation report will be prepared to document the tank removal and environmental sampling work.

Who is Eligible?

Organizations that represent community interests including city or county government, non-profit economic development organizations, and regional council of governments are eligible. The applicant must own the property of concern at the time of submitting the application. For-profit development organizations and individuals who owned or operated the tank while the tank was in use are not eligible to apply.

Eligible sites are those meeting the definition of a brownfield. Certain sties are excluded from the program including, but not limited to, sites under an order or permit from a federal cleanup program. Projects benefiting the community will be considered. The applicant must have a redevelopment plan in place to be considered for assistance. Please refer to the Section 128(a) Orphan Tank Removal Program Reuse/Redevelopment Outcomes Worksheet as a guide when completing the application.

What is a brownfield?

Brownfields are “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.”*

Common brownfields include vacant or under-utilized industrial or commercial property in older parts of communities.

Examples may include railroad facilities, salvage yards, dry cleaners, landfills, gas stations, and a variety of other sites.

* Synopsis of the definition of Brownfield Site (CERCLA § 101 (39))

OTRP Process

1. Contact the Brownfields and Voluntary Cleanup Program Coordinator to discuss the project.
2. Complete and submit the Section 128(a) Orphan Tank Removal Program Application
3. NDEE will use a private contractor to complete the work.
4. A final report will be submitted to applicant.

Please see the Section 128(a) Orphan Tank Removal Program Guidance Document for more information or contact the Brownfields and Voluntary Cleanup Program Coordinator at 402-471-6411 or ndee.vcpbrownfields@nebraska.gov(link sends email).