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HomeMy WebLinkAbout6.B.(4) Application to Indiana Brownfields Program$pUT ~ ~ ~ ~\ adrr~$+e \ ~~% ~i ~~~\~ ,%e Community & Economic DeveloNment ~" ,~ .„~. 1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 ~ Phone 574/235-9371 • Fax 574/235-9021 To: Redevelopment o mission From: Ann Kolata ~~ Subject: Former EMI Property - 2020 S. Main Street Date: March 16, 2010 The South Bend Redevelopment Commission will soon be acquiring title to the former EMI property at 2020 S. Main 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 within the next few weeks. We have just received a Phase I Environmental Assessment from Wightman Petrie Inc. for this property. This assessment indicates that there is equipment, sands, maintenance fluids and other materials used by EMI during their operations in the building. These materials will need to be identified and properly disposed of during building demolition. It is also assumed that there is asbestos containing material near the roof of the building. Although this property doesn't seem to have significant environmental issues, our environmental attorneys are recommending that the Commission request a "Comfort Letter" from the Indiana Brownfields Program for this property. The draft application for this letter is attached to this memo. We would like to get a Comfort Letter 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 building on the property. The environmental conditions mentioned above will be handled as part of the demolition process. Please contact me at 235-9374 or akolatansouthbendin.>;ov if you have any questions. Enc. cc: Bill Schalliol 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. • Na(g) Firm Eric Zell Wightrr Address: (number and street raNy, state and ZfP code) 412 S. Lafayette Blvd. South Bend, IN 46601 Telephone Number Cell Number ~ ~ Fax Numbs 574/232-4388 574/232 Name(s) Flan S. Curtis Devoe Plows Sh Address: (number and street cNy , state and ZIP code) 1346 North Delaware Street, Indianapolis, Indiana 46202 Telephone Number CeM Number Fax Number (317) 637-0700 (317) 637- • Site or Pro)ec;t Name(s) EMI, Inc. Address: (number and street, oKy, state and ZIP code) 2020 S. Main Street, South Bend, Indiana, 46613 IDEM Site Number US EPA Site Number Current Owner Address: (numberand street city, a EMI, Inc. Telephone Number Coq Number • Currant Status: (Check aN that apply) Private Owner ^Publk: Owner ^In Bankruptcy B]Abandoned Inactive ^Under Environmental Documentatbn Submitted for Review: (Check all that apply) Phase i Envronmental Site Assessment-After 11/1/06 must comply with federal All Appt ^Sampfing Results ^Further Site Charecterization ^Other (please specfy) 'contact the Indiana &pwnflelds m H have uestlons The Site wiN be: QSokl ^Leased QUsed by governmental entity ^Gifted Q Other (please specfy) Uncertain at this time. ^ Undedded Potential or intended reuse of property: (Check aN that apply) [~]Commerdal ©Industrial QResidential ^Mixed Use ^ Park ^Green Space ^Other (please specify) ^ Undecided Community InvoNement/Publk: Participation: (Check aN that apply) ^Community notification by news media ^Public Meeting(s) ^ Letter(s) of community support ^Community work group ^+ Community input was not sought How did you hear about the Indiana Brownflekta Program? (Check aN that apply) ~Irxilana BrowMields Program stag, brochure, or web site Q Other Slate Program/Agency ^ EPA ^ Consultant ^Other (please specify) I heroby roquest an Indiana Brownfleids Program: OComfort Letter ^Site Status Letter Signaturo of Letter Recipbnt or Authorized Reprosentative Date (month, day, year)