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OmniPlex, South Bend — Political Subdivision Comfort Letter <br />BFD #4000022 <br />June 29, 2023 <br />Page 12 of 12 <br />If at any time IDEM discovers that the above -mentioned reports, any <br />representations made to IDEM, or any other information submitted to or reviewed by <br />IDEM was inaccurate, which inaccuracy can be attributed to the Owner then IDEM <br />reserves the right to revoke this letter and pursue any responsible parties. Furthermore, <br />if any activities undertaken by the Owner result in a new release or if Site conditions are <br />later determined by IDEM to constitute an imminent and substantial threat to human <br />health or the environment, IDEM reserves the right to revoke this decision and pursue <br />any responsible parties. Additionally, this decision does not apply to past or present <br />contamination that is not described in this Comfort Letter, future releases, or applicable <br />requirements under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 or <br />CERCLA. Furthermore, activities conducted at the Site subsequent to purchase that <br />result in a new release can give rise to full liability. This letter does not constitute an <br />assurance that the Site is safe for any particular use. <br />In order for IDEM to consider this letter effective, the enclosed ERC, which <br />includes a copy of the Comfort Letter, must be recorded on the deed for the Site in the <br />St. Joseph County Recorder's Office. Instructions explaining the process of how to <br />correctly record the ERC enclosed. Please return a certified copy of the filed document <br />to the address listed below: <br />Indiana Brownfields Program <br />100 North Senate Avenue, Room 1275 <br />Indianapolis, Indiana 46204 <br />ATTN: Haley Faulds <br />The Program is pleased to assist Civil City of South Bend, Indiana with this <br />project. Should you have any questions or comments, please contact Haley Faulds at <br />(317) 234-0685. She can also be reached via email at: hfauldsl@ifa.in.gov. <br />Sincerely. <br />Peggy Dorsey <br />Assistant Commissioner <br />Office of Land Quality <br />Enclosure: ERC <br />cc: Brittney Nadler, U.S. EPA Region 5 <br />Ashley Green, U.S. EPA Region 5 <br />Meredith Gramelspacher, Indiana Brownfields Program <br />Haley Faulds, Indiana Brownfields Program <br />Nivas Vijay, Heartland Environmental Associates, Inc. <br />Thao Nguyen, Plews Shadley Racher & Braun LLP <br />St. Joseph County Health Department <br />