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HomeMy WebLinkAbout6.D.(4) Application to Brownfields Program~ .~ c~~~ ypUTH ~'~ ~ i% ~ ~ ~~ 2 Community & Economic Development ~~~\'°~,~ r ~- 1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 ~ Phone 574/235-9371 • Fax 574/235-9021 To: Redevelopment Commission From: Ann Kolata~/~~~ ~.~ ai Subject: Former Millennium Environmental Property - 604 S. Scott Street Date: March 2, 2010 On or about March Stn the South Bend Redevelopment Commission will be acquiring title to the former Millennium Environmental property at 604 S. Scott Street. This is a property that went through previous tax sales and was not redeemed. The St. Joseph County Commissioners now have a tax certificate on the property and will be deeding the property to the South Bend Redevelopment Commission either next week or shortly thereafter. The property has had a number of environmental problems on it and the Indiana Department of Environmental Management (IDEM) has conducted much of the required cleanup. Their work is ongoing and they have assured us that they want to continue with the cleanup to its conclusion. We have been working with our environmental legal counsel, Plews Shadley Racher & Braun, to make sure that the Commission is protected from environmental liability on this property. Following their recommendations we have a Phase I Environmental Assessment that will be completed before March Stn and are expecting a letter from IDEM and/or U.S. EPA by the Stn as well. A final recommendation from legal counsel is that we seek a "Comfort Letter" from the Indiana Brownfields Program for this property. The draft application for this letter is attached to this memo. We will be discussing this application with the Indiana Brownfields Program this week so a Comfort Letter can be issued prior to the date of deed transfer. Once the Commission acquires title to the property we will begin work on preparation of demolition specs for the two buildings that are on the property. IDEM will coordinate their remaining remediation with our demolition of the buildings. They have told us that the only remaining remediation is to excavate soil that is under the south building. Our demolition of this building will enable them to get to the problem area and take care of this last item. Please contact me at 235-9374 or akolata(cr~southbendin.gov if you have any questions. enc. Indiana Brownflelds Program Comfort/Site Status Letter Request State Form 51493 (R2/6-07) Indiana Finance Authority pRAFT Return this form to: INDIANA BROWNFIELDS PROGRAM 100 N. Senate Avenue, Room 1275 Indianapolis, IN 46204 For questions: 317-234-1279 Submit form electronically to: brownfieldsCalifa.in.¢ov FAX: 317-234-1338 Pursuant to the Indiana Department of Environmental Management (IDEM) Nonrule Policy Document W-0051, "Brownflelds Program Comfort and Site Status Letters Policy" (April 18, 2003), the Indiana Brownflelds Program may issue a Comfort or Site Status Letter to stakeholders at brownfields sites that satisfy the eligibility criterta and conditions of the policy. A brownfleld 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 substances, 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 exerase of .enforcement discretion under an applicable IDEM policy. Potentially applicable liability exemptions or IDEM polities 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); / ~e 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~-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 Ilability 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 Aquifers/Underground 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 current levels of contaminants of concern at the brownfleld substantially meet current cleanup criteria as established by IDEM under the Risk Integrated System of Closure. The potential Ilability of the party requesting the letter is not addressed. The Site Status Letter states that based on a technical analysis of informatlon 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 brownfleld site. fNSTR!lCTIONS: Please complete this fomt (type or prtnt legibly) and return it to the Indiana Brownflelds Progrem to begin the process of assess/ng elfglbillty to receive a letter.. Each request will be reviewed by the Indiana Brownflelds Program and IDEM staff. Detem-inations of eligibility are made based on facts and data provided with the request. A derision on whether or not to Issue a Comfort or Sfte Status Lefler will be made approximately 60 days from receipt of the request The complexity of technical issues pertaining 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. Vn!'1~ ~ • • Finn Name(s) Doug Stuart Hull & Associates, Inc. Address: (number and street, city, state and ZIP code) 3401 Glendale Avenue, Suite 300, Toledo, Ohio 43614 Telephone Number CNI Number Fax Number E-mail Address (419) 385-2018 (419) 385-5487 • Name(s) Flrrn S. Curtis Devoe Plews Shadley Racher & Braun LLP Address: (number and street city, state and ZIP code) 1346 North Delaware Street, Indianapolis, Indiana 46202 Telephone Number Cell Number Fex Number E-mail Address (317j 637-0700 (317) 637-0712 cdevoe~psrb.com • , Site or Project Name(s) Millenlum Envirormental, Inc. Address: (number and street city, state and ZIP code) . 604 S. Scott Street, South Bend, Indiana 46601 IDEM Site Number US EPA Site Number Size in acxes 7100113 IND 980-590-947 Current Owner Address: (number and street city, state and ZIP code) Millenlum Environmental, Inc. 732 Smithtown Bypass, Suite 200, Smithtown, NY 11787 Telephone Number Cell Number E-mail Address Cunant Stetus: (Check a!1 that apply) • QPrivate Owner ^Public Owner ^In Banlwptcy ®Abandoned Inactive ^UndeniUlized (dTax delinquent ^Other (please specify) Environmental Documentation Submitted for Review: (Check a!1 that apply) ©Phase 1 Environmental Site Assessment After 11!1/06 must comply with federal All Appropriate Inquiry Rule" ^Phase II Environmental Site Assessment ^Sampling Results ^Further Site Chareclerizatlon ^Other (please specify) 'contact the Indiana I3rrowntields rem ff have uestlona The Site wilt be: , QSold ^Leased ^Used by governmental entity ^Gifted ^ Other (please specify) ^ Undedded Potential or Intended reuse of property: (Check aN that appy) [~jCommeroial ©Industrial ^Reskienfial QMixed Use ^ Park ^Green Space ^Other (please specify) ^ Undedded Community InvolvementlPublk: Partidpation: (Check all that apply) ^Community notification by news media ^Public Meeting(s) ^ Letter(s) of community support ^Community work group ^Community Input was not sought How dki you hearabout the Indiana Brownflekls ProgremT (Check al! that apply) Dindiana Brownflelds Program staff, brochure, or web site ©Other State Progrem/Agency ^ EPA ^ Consultant ^Other (please spedfy) 1 hereby request an Indiana Brownflalds Program: ©Comfort Letter ^Slte Status Letter Signature of M r zed Representative Date (month, day, year)