Professional Services Agreement - Indiana Finance Authority Indiana Brownsfield Program

Home Browse Search

Eligibility Criteria This section contains the criteria that ensure the SEP Recipient (or another eligible Indiana political subdivision accepting SEP Funds on behalf the SEP Recipient) and the site are eligible to receive SEP Funds. The statements listed below must be true with respect to the brownfield site to which the SEP Funds will dedicated: • The SEP Recipient did not generate or transport hazardous substances, pollutants, or contaminants at or to the site; • The SEP Recipient did not own the site or operate any facility at the site at the time of disposal of hazardous substances, pollutants and contaminants at the site; • All disposal of hazardous substances, pollutants and contaminants at the site occurred before the SEP Recipient acquired the site (if applicable); • The SEP Recipient has not caused, contributed to, or exacerbated the release of hazardous substances, pollutants or contaminants on or from the site; and, • No other stakeholder involved at the site (e.g., private property owner, developer) is a financially viable party that is potentially liable to remediate on -site contamination unless such stakeholder demonstrates the applicability of an exemption from liability (e.g., landowner liability protection such as bona fide prospective purchaser ("BFPP") or involuntary acquisition by a political subdivision) or, at the discretion of the Program, for the purposes of awarding SEP Funds only, a stakeholder satisfies the criteria to qualify as a BFPP but for having purchased the Site that is the subject of the Agreement prior to January 11, 2002, so long as the stakeholder can satisfy all the other BFPP requirements listed below: • All disposal of hazardous substances at the site occurred before the stakeholder acquired the site. • The owner must not be liable in any way for contamination at the site or affiliated with a responsible party. Affiliations include familial, contractual, or corporate relationships that are the result of a reorganization of a business entity with potential liability. • The owner must have made all appropriate inquiries (AAI) in to the prior ownership and uses of the site prior to purchase. AAI, typically satisfied with an ASTM-based Phase I environmental assessment, cannot be more than one year old at time of purchase and must be updated, prior to purchase, if it is more than six months old at time of purchase. Please see EPA's AAI Final Rule (70 FR 66070) (http :/,`/r,\,w°vv.e,)a.e(,,lv/bt°ovvn elds/1e ne x..hti-n). • The owner must take appropriate care (reasonable steps) regarding any hazardous substances found at the site, including preventing future releases and exposures to hazardous substances on the site. • The owner must provide all legally required notices and cooperate with authorized response persons in the event of a discovery or release of any hazardous substances at the site. • The owner must comply with any land -use restrictions associated with response actions at the site. In addition to the above, the following must also be true of SEP Recipient and/or the site at which SEP Funds will be dedicated: Supplemental Environmental Project Guidelines Indiana Finance Authority November 10, 2008