6.B.(4) Application to Indiana Brownfields Program

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DRAFT ~ Indiana Brownflelds Program Comfort/Site Status Letter Request State Form 51493 (R2/6-07) Indiana Finance Authority ~ ~ ~ ~~> Return inw ......_ INDIANA BROYVNFIELD8 PROGR~-rM 100 N. Senate Avenue, Room 1275 Indianapolis, IN 46204 For questions: 317-234-1279 Submit form electronically to: brownfields(a~ifa.in. o~v FAX: 317-234-1338 Pursuant to tl~e Indiana Department of Environmental Management (IDEM) Nonrule Policy Document W-0051, 'Brownfields Program Comfort and Site Status Letters Pdicy' (April 18, 2003), the Indiana Brownfiekls Program may issue a Comfort or Site Status Letter to stakeholders at browntiekis sites that satisfy the eligibility cxiteria and conditions of the policy. A Brownfield site is defined as a parcel of real estate that is abandoned or inactive; or may not be operated at its appropriate use; and on which expansion or redevelopment is complicated because of the presence or potential presence of a hazardous substance, a contaminant, petroleum, or a petroleum product that poses a risk to human health and the environment. IC 13-11-2-19.3 A Comfort Letter is issued to a party that qualifies for an applicable exemption to liability found in Indiana law or IDEM policy, but is not a legal release from liability. The Comfort Letter explains the applicable liability exemption or IDEM's exercise of enforcement discretion under an applicable IDEM pdicy. Potentially applicable liability exemptions or IDEM policies include: / the Stakeholder is a government entity exempt from liability under IC 13-25-4-8(e), IC 13-11-2-150(c), or IC 13- 11-2-151(b); / the Stakeholder is a creditor, lender, or fiduciary exempt from liability under IC 13-23-13-14, IC 13-24-1-10, or IC 13-25-4-8{c); / the Stakeholder is not the statutory owner of an underground storage tank pursuant to IC 13-11-2-150(a) because the tanks were not used after November 8, 1984 and the Stakeholder was not the person who owned the tank immediately before the discontinuation of the tank's use; / the Stakeholder is exempt from liability or eligible for a defense to liability as a bona fide prospective purchaser, contiguous property owner or innocent landowner pursuant to IC 13-25-4-8(b); and / the Stakeholder satisfies the conditions of IDEM Nonrule Policy Document W-0047, "Property Containing Contaminated Aquifers" (20 IR 1674, January 30, 1997), or IDEM Nonrule Policy Document W-0038'Property Containing Contaminated AquifersNnderground Storage Tanks" (23 IR 2141, April 20, 2000). A Site Status Letter is issued to a party that did not cause or contribute to or knowingly exacerbate the contamination and can demonstrate that cun'ent levels of contaminants of concern at the Brownfield substantially meet current cleanup criteria as established by IDEM under the Risk Integrated System of Closure. The potential liability of the party requesting the letter is not addressed. The Site Status Letter states that based on a technical analysis of information submitted to IDEM pertaining to site conditions, IDEM concludes that current site conditions do not present a threat to human health or the environment and that IDEM does not plan to take or require a response action at the Brownfield site. INSTRUCTIONS: Please complete this form (type or print legibly) and return it to the Indiana t3rownfletds Program to beg/n the process of assessing eligibility to recelva a letter. Each request will be reviewed by the Indiana t3rownfields Program and /DEM staff. Determinations of eligibility are made based on facts and data provided with the request. A decision on whether or not to issue a Comfort or Slte Status Letter will be made approximately 60 days from reoa/pt of the request The complexity of technics! Issues pertelning to site conditions may increase staff review time. Please attach any additional documentation required if space on the form does not allow for a complete response.