The URL can be used to link to this page

Home My WebLink AboutRec. 4-24-2023 Near West Side Neighborhood Plan_SB Redevelopment Plan pt.2February 15, 2023 Sent Via E -Mail Ms. Andrea Robertson Habeck Technical Staff Coordinator Indiana Brownfields Program 100 North Senate Avenue, Suite 1275 Indianapolis, Indiana 46204 Filed in Clerk'It'91m"M AL ASSOCIATES INC. APP 2 4 7.02.3 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Re: Comfort Letter Request Former Hurwich Iron Company, Inc. / HIC Investments, LLC Property 1610, 1628 & 1636 Circle Avenue in South Bend, St. Joseph County, Indiana 46628 IDEM State Cleanup Program Site #0000923 Heartland Project #'s 5089-22-04 / 5089-22-05 Dear Ms. Robertson Habeck: Heartland Environmental Associates, Inc. (Heartland) respectfully submits to the Indiana Brownfields Program (IBP) this Brownfields Comfort Letter Request on behalf of its client Circle Avenue Properties LLC ("Purchaser") in conjunction with the upcoming acquisition of the former Hurwich Iron Company, Inc. / HIC Investments, LLC property located at 1610, 1628 & 1636 Circle Avenue in South Bend, Indiana. This Request is being submitted under the basis that the Purchaser is exempt from liability or eligible for a defense to liability as a bona fide prospective purchaser (BFPP), contiguous property owner (CPO), or innocent landowner (ILO) pursuant to IC 13-25-4-8(b), IC 13-11-2-150(f), IC 13-11-2- 150(g), IC 13-11-2-151(g), or IC 13-11-2-151(h). A Comfort/Site Status Letter Request Form, Submittal Checklist and Supplemental Information Form are included with this transmittal letter. A copy of the recent Phase I Environmental Site Assessment (ESA), conducted by Heartland dated January 19, 2023, will be provided to you as a digital fileshare document that accompanies this transmittal. Specific project details and relevant information pertaining to this request are presented below. Proiect Stakeholders Contact Information Owner/Seller: HIC Investments LLC and Accent Indiana Inc. Mailing Address: 4737 State Road 135 South, Nashville, Indiana 47448 Contact Person: Mr. Michael Morris Contact Email: 1V MorrisQrecvcletoday.com Recipient/Prospective Purchaser: Circle Avenue Properties LLC Mailing Address: 1552 East Lucas Street, Rochester, Indiana 46975 Contact Person: c/o Mr. Jason Grube, Manager Contact Phone: (765) 776-2436 Contact Email: iason(@,rochesteriron.com Technical Contact: Heartland Environmental Associates, Inc. Mailing Address: 3410 Mishawaka Avenue, South Bend, Indiana 46615 Contact Person: Mr. Nivas R. Vijay, CHMM Contact Phone: (574) 360-0961 "Your dependable partnerfor environmental compliance" 3410 Mishawaka Avenue Toll Free 888.289.1191 Phone 574.289.1191 South Bend, Indiana 46615 www.heartlandenv.com Fax 574.289.7480 Comfart Lcuer Request. Former Hurwich Iran Comnanv. Inc. / HIC Investmcnis. LLC Proner[v. 1610, 1628 & 1636 Circle Avenm in Sottth Bend. Indiana 46628. February 15, 2023 Page 2 Contact Email: nviiavQheartlandenv.com Proiect Site Details State 18 -digit parcel identification number(s) comprising the site: 71-08-10-236-001.000-026, 71-08-10-236-002.000-026, 71-08-10-236- 003.000-026, 71-08-10-236-006.000-026, 71-08-10-236-007.000-026, 71-08- 10-236-010.000-026, 71-08-10-236-011.000-026, 71-08-10-236-013.000-026, 71-08-10-277-001.000-026, 71-08-10-277-002.000-026 & 71-08-10-277- 003.000-026 Property Address: 1610, 1628 & 1636 Circle Avenue in South Bend, Indiana 46628 Legible copy of the recorded deed(s) or a surveyed legal description(s) for the parcel(s) comprising the site: A copy of the seller's existing deeds for the property is attached. The property is scheduled to close on or before February 27, 2023. Promptly after the closing the Purchaser will supplement this Comfort Letter Application by providing the deed, which will reflect that the real estate has been sold to Circle Avenue Properties LLC. The boundaries of the property represented in this Comfort Letter and associated legal descriptions are detailed in the provided seller's deeds. Date of property acquisition (or proposed transfer/closing date): The property transaction is currently scheduled to close on or before February 27, 2023. Upon closing, a copy of the new deed documenting the transfer will be provided to the IBP. Indication of whether or not a purchase agreement has been finalized: A purchase agreement was finalized and executed by the parties on November 28, 2022, and closing is scheduled for on or before February 27, 2023. A redacted copy of the Purchase Agreement can be provided upon request. Description of redevelopment project including a site redevelopment/design plan (if available): Post -closing the Purchaser intends to conduct partial demolition on the property to demolish and raze dilapidated structures onsite. No other onsite redevelopment is pending at this time. Black & white (non -aerial) site map depicting property boundaries, parcel, and parcel number: Included in historic assessment documents provided with the Phase I ESA. Comfort Letter Reaucst. Former Hurwich Iron Comnanv. Inc. l HIC Investments. LLC Pronerty. 16101 1628 & 1636 Circle Avenue in South Bond, Indiana 46628. February 15. 2023 Page 3 Relevant investigation/remediation/brownfields letters and reports available on the IDEM Virtual Fiiin-2 Cabinet • Indiana Department of Environmental Management, Notification for Underground Storage Tanks, December 15, 1994. • Warner & Sons, Inc., Permanent Closure of Underground Storage Tanks, August 4, 1998. • Indiana Department of Environmental Management, Site Inspection Narrative Report, January 25, 2011. • Indiana Department of Environmental Management, Notice of Liability and Information Request, November 19, 2019. Proposed buildinz renovation details and/or new buildima construction specifications. The property currently consists of a vacant, former industrial complex, located on eleven (11) parcels of land and situated on a combined area of approximately 19.36 -acres. The property is currently improved with eight (8) standing buildings, several of which are dilapidated. Post -closing the Purchaser intends to conduct partial demolition on the property to demolish and raze dilapidated structures onsite. No other onsite redevelopment is pending at this time. Explanation and associated documentation to support satisfaction of continuing oblizations (including steps taken to mitigate exposures) if property alreadv acquired, The property is pending acquisition on or before February 27, 2023. The results of environmental assessments completed have indicated the presence of chemical impacts to subsurface media. It is anticipated that, as part of future regulatory compliance and potentially as part of the issuance of the requested Comfort Letter, an Environmental Restrictive Covenant (ERC) with associated land use restrictions maybe implemented in order to mitigate potential exposure risks. Should this be necessary, it is the intention of the Purchaser to adhere to the land use restrictions set forth in any future implemented if ERC. Please feel free to contact me directly at 574-360-0961 or via e-mail at nviiav(a,hcartiandenv.com with any questions or comments. Thank you. Sincerely, 7 Nivas R. Vijay, HMI� Senior Project Manager / Principal Attachments:- Comfort/Site Status Letter Request Form Comfort/Site Status Letter Request Submittal Checklist Comfort/Site Status Letter Request Supplemental Information Form Phase I Environmental Site Assessment Report (digital fileshare attachment) Phase Il Environmental Site Assessment Report (digital fileshare attachment) Current Deed Draft Boundary Survey r SURVEY PREPARED FOR: MIKE MORRIS BOUNDARY SURVEY SURVEY DATED: 1/23/23 PART OF THE NORTH HALF OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 2 EAST, FILE f: 220277 CITY OF SOUTH BEND, PORTAGE TOWNSHIP, Si. JOSEPH COUNTY, INDIANA. F FA F�� I RASHmrTON AVE. (80.0• RLwl ic C! i' aY day d I I 1fASHINGTON AVE. r[ 88 p [62-W R/11')—�— SM r�li $VRVEY PAP= 19.02 Acm t L1 y r *14SMOTON AVE. _ I I EXISTING LEGEND o�rPxWL •� I I I I til —_--J 'F aMK o II R^.t wuX NaF , v✓°' OLtnd 8 M uu „ y V I I lar son aon S01LE1-= lar 9wNEYpi5 RERORf � mLE NOLDERs/cuEWT NAME: NmE LaRws I IK W = nnr�M— ., [wrloe t r- smKrl I fFA ]tlGl >0 Y n[ [�pAA��V ns e�SEAaa/ T .AC ODM aV9A� w�w�r�m aR OfaaelG wINMi N M IfYA1TON pr >K L14T EirApLp,ED ON nus wmtr As A RESULr a: A)) iulaul:SS IW iTS 1�. i D7 D39A0^wG3 h aLxw.n�c.a A,q NFwtiS C33 rrnl�slnlca . IJiS a oaaWwwl .,� I[ITIOW OMGIS wW(WPIS�aNL O�F{NMFNEMPCY�p6m�plWwpy 06 a�eEo� �Fa� aW- f m "n[ wp¢IM. tl1[i ��c1�1 �'Mil°i�r�roUxTsitlP �i3 NOftIN. aMAa S iAsr SRL v spvTa cum, PaEn¢ Tdw f St Lp eCwil ARS ocA na.l[ IkwmN n a�r6w'�ci,Aw�p�gs sirx rh mvwct Ap}I,(�r°F+�y�Lq 1 riAamcnl� gnu nils W.L. m . %trz SI�c "iasu iIXL0IYINC RENTR. 111E OIfF9ENC6 MAv aL A,q Aq W Y oR THE Pwwo Es a LUMExArrx �� o��nr. wNw SUCH OIFFwENCES IAF GRGIFR MAN ,wIGLN MORE Oa Yl M mmr TM' gBCRFPANCIES, MEY ARE GENERALLY DTiO RE IX wdiE DEINL BELOW AS ANY BE NECESSMt FOR CLWTY OF ME ONES ESYABLLSlIED OR RE{SfIBl6NFD ON MI5 SURVEY. UNLESS OMERMLSE NOTED ON ME A7EDPIAT OR M ME FMLOWING RFRORf, MERE IS NO E�IOEiICE OF OCCUPATION ALONG n1E mUNDIRI' LINES OF ME SU a TRACT, wllw FENCES OR DHFR uxEs or occuPATpX ARE alOwN oN ME Pur. TNEY IuvE BEEN LGGTm oNLY Ar ME wD5 OR SPEGFlC LOGnONS NOTFR RIERFFgtE, FOR RIE PUfA05F5 OF RILS SURVEY. SUCX IMES ARE Assuwm To RUN sTRucNr BETWEEN wo LOGTaNs. Bur m AcnulnY v sucRtLv vAxr moral such slaAmNr UNE DI[ aiSAfAi PDOITInri AeL+fLwv alnbar oanat % ECwTaW TC 9/ M� C✓D�5 OF M >ililL 1140 lla RSV tf �^ rcVl A14 Dr 6 !L�IAp71G e+V� w 11Eu39C/r9M[f� nS 1AE3 AFC WQIL6 W 14 '➢,VIV .aY �� DUE rO vARYNC BA55 OF BFIRWG: FOR TIS SURVEY 6 USING CPS OBSERVATQN (GEODETIC NORTH) t7 Tq[1 M5 9]Q IVT pI1L >m� PK rIPrO W}Ap ,yip AS D1f.W� ON AND A'�W/? FROw ft[ ipaEFTfe 1NFn 1Y/G E%Lltg® !f nuA MII �Lppp !6[1WICE PNIEL Md f aT41COttIRL7; Mr41 AIIMMVIY 4 ]DTI, lw3 !M[Q 6 M SLE[ -e'. 31:nMCUT�MIS �S{Ui,RJpE�YL,wAs PFRFORNIm FTtOM Pu&1C FEWRDS AND IE6AL 06CWPXOf6 SUPPIIm .9lPRa1QAN T� PT1DL�� OLIYtYN� �ICrF� �ipffl�� 3Gu sAm-roRS CERRFIG9E 10. MIKE YORR6 Wya-T. � uF0 M TK TAR Q FLK4N N�q tgCpPy[FyI/Y. leC- �.wKf lau I4R A w •CCdX41C[ V!!1 M fCOYaSMM1 OI 11Y1 f � 1TMaR\I AWGlCd TDR WIMEr01r PiLCq� >x IlPe •i[EI[1'[A- uC 4 1�[IF9 31 TW W4 AOVaIn1M111C CODE N6Sf.. I,f-ti W,011= 1 3 A. I �a 2 1 AFFIRM, UNDER ME PEIULnES FOR PERJURY. RNr I WYE —EN REISON.BIE GRE M REDACT EACH SOCML SECURM NUMBER W Mrs OOLUMENr UNLESS REWIRED BY UW' iDY.1.y1PYEY. arms • Fwos:We /0421/21 er r R E P I S I 0 N S Nuw[w• 11 mwE ZD • . faD' D i Jnc E I ll 2�i1 SMM m rRlwu _ i°'L Y swum —euw —Iwb 6 n. I y Lal. a ntiav- a ilaa �� i i ^ NRaNlw11 �• V 11E 1896 SaEMI.Wo w11MiMsm M u!x r >� I[W91S O<M .ea Yi[aIL a snnM:n,¢ - Z a YWTm�1 aoae s[ w9L LrwY �e1 + -x 0- CD E 2: .e sralal tNw�Tv TED ww ww m a M.Im We = O Q � DN9R m IV uF+Lo�.a9„[ of r9w[ wX Rxiwowl w rm, z . �... av w. .-.•��- - V I I lar son aon S01LE1-= lar 9wNEYpi5 RERORf � mLE NOLDERs/cuEWT NAME: NmE LaRws I IK W = nnr�M— ., [wrloe t r- smKrl I fFA ]tlGl >0 Y n[ [�pAA��V ns e�SEAaa/ T .AC ODM aV9A� w�w�r�m aR OfaaelG wINMi N M IfYA1TON pr >K L14T EirApLp,ED ON nus wmtr As A RESULr a: A)) iulaul:SS IW iTS 1�. i D7 D39A0^wG3 h aLxw.n�c.a A,q NFwtiS C33 rrnl�slnlca . IJiS a oaaWwwl .,� I[ITIOW OMGIS wW(WPIS�aNL O�F{NMFNEMPCY�p6m�plWwpy 06 a�eEo� �Fa� aW- f m "n[ wp¢IM. tl1[i ��c1�1 �'Mil°i�r�roUxTsitlP �i3 NOftIN. aMAa S iAsr SRL v spvTa cum, PaEn¢ Tdw f St Lp eCwil ARS ocA na.l[ IkwmN n a�r6w'�ci,Aw�p�gs sirx rh mvwct Ap}I,(�r°F+�y�Lq 1 riAamcnl� gnu nils W.L. m . %trz SI�c "iasu iIXL0IYINC RENTR. 111E OIfF9ENC6 MAv aL A,q Aq W Y oR THE Pwwo Es a LUMExArrx �� o��nr. wNw SUCH OIFFwENCES IAF GRGIFR MAN ,wIGLN MORE Oa Yl M mmr TM' gBCRFPANCIES, MEY ARE GENERALLY DTiO RE IX wdiE DEINL BELOW AS ANY BE NECESSMt FOR CLWTY OF ME ONES ESYABLLSlIED OR RE{SfIBl6NFD ON MI5 SURVEY. UNLESS OMERMLSE NOTED ON ME A7EDPIAT OR M ME FMLOWING RFRORf, MERE IS NO E�IOEiICE OF OCCUPATION ALONG n1E mUNDIRI' LINES OF ME SU a TRACT, wllw FENCES OR DHFR uxEs or occuPATpX ARE alOwN oN ME Pur. TNEY IuvE BEEN LGGTm oNLY Ar ME wD5 OR SPEGFlC LOGnONS NOTFR RIERFFgtE, FOR RIE PUfA05F5 OF RILS SURVEY. SUCX IMES ARE Assuwm To RUN sTRucNr BETWEEN wo LOGTaNs. Bur m AcnulnY v sucRtLv vAxr moral such slaAmNr UNE DI[ aiSAfAi PDOITInri AeL+fLwv alnbar oanat % ECwTaW TC 9/ M� C✓D�5 OF M >ililL 1140 lla RSV tf �^ rcVl A14 Dr 6 !L�IAp71G e+V� w 11Eu39C/r9M[f� nS 1AE3 AFC WQIL6 W 14 '➢,VIV .aY �� DUE rO vARYNC BA55 OF BFIRWG: FOR TIS SURVEY 6 USING CPS OBSERVATQN (GEODETIC NORTH) t7 Tq[1 M5 9]Q IVT pI1L >m� PK rIPrO W}Ap ,yip AS D1f.W� ON AND A'�W/? FROw ft[ ipaEFTfe 1NFn 1Y/G E%Lltg® !f nuA MII �Lppp !6[1WICE PNIEL Md f aT41COttIRL7; Mr41 AIIMMVIY 4 ]DTI, lw3 !M[Q 6 M SLE[ -e'. 31:nMCUT�MIS �S{Ui,RJpE�YL,wAs PFRFORNIm FTtOM Pu&1C FEWRDS AND IE6AL 06CWPXOf6 SUPPIIm .9lPRa1QAN T� PT1DL�� OLIYtYN� �ICrF� �ipffl�� 3Gu sAm-roRS CERRFIG9E 10. MIKE YORR6 Wya-T. � uF0 M TK TAR Q FLK4N N�q tgCpPy[FyI/Y. leC- �.wKf lau I4R A w •CCdX41C[ V!!1 M fCOYaSMM1 OI 11Y1 f � 1TMaR\I AWGlCd TDR WIMEr01r PiLCq� >x IlPe •i[EI[1'[A- uC 4 1�[IF9 31 TW W4 AOVaIn1M111C CODE N6Sf.. I,f-ti W,011= 1 3 A. I �a 2 1 AFFIRM, UNDER ME PEIULnES FOR PERJURY. RNr I WYE —EN REISON.BIE GRE M REDACT EACH SOCML SECURM NUMBER W Mrs OOLUMENr UNLESS REWIRED BY UW' iDY.1.y1PYEY. arms • Fwos:We /0421/21 er r R E P I S I 0 N S Nuw[w• 11 mwE ZD • . faD' D i Jnc E I ll 2�i1 SMM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Environment. Northwest Regional Office • 330 W. US Highway 30, Suite F Valparaiso, IN 46385 f�a`L (888) 209-8892 • (219) 464-0233 • Fax (219) 464-0553 www.idem.]N.gov Eric J. Holcomb Brian C. Rockensuess Governor Commissioner March 3, 2023 VIA EMAIL Mr. Alex Bowman Attorney Hurwich Iron Company 4101 Edison Lakes Parkway Mishawaka, IN 46545 Filed in Clerk's Offico—// APR 2 4 2023 DAWN M- JONES CITY CLERK, SOUTH BEND, IN Re: Violation Letter Hurwich Iron Company INX000068288 South Bend, St Joseph County Dear Mr. Bowman: On 1/31/2023, a representative of the Indiana Department of Environmental Management, Northwest Regional Office, conducted an inspection of Hurwich Iron Company, located at 1610 Circle Ave., South Bend, IN. This inspection was conducted pursuant to IC 13-14-2-2. For your information, and in accordance with IC 13-14-5, a summary of the inspection is provided below: Type of Inspection: Referral from State Clean-up Results of Inspection: Violations were discovered and require a submittal. Additional violations may be cited based on the results of the waste determinations and resulting in referral to Office of Land Quality Enforcement Section Within forty-five (45) days of receipt of this letter, a written detailed explanation, documenting compliance with each of the requirements listed in the inspection report, must be submitted to this office. Failure to respond adequately to this Violation Letter may result in a referral to the OLQ Enforcement Section. Please direct any response to this letter and any questions to Charles Breitenfeldt at (219) 781-5400 or email at chbreiteta idem.inxov. Thank you for your attention to this matter. Sincerely, Rick Massoels Deputy Director Northwest Regional Office Enclosure cc: St Joseph County Health Department An Equal Opportunity Employer A State that WWrks. ® Recycled Paper STA a, HAZARDOUS WASTE Inspector's Name: Charles Breitenfeldt xl INSPECTION REPORT Hannah Environmental INDIANA DEPARTMENT OF Hack Manager ■ ENVIRONMENTAL MANAGEMENT Others Present Ken Senior McDaniel Environmental Manager Date: Tuesday, January 31, 2023 (Time In: 11:45 AM Time Out: 3:00 PM Inspection Type Referral from State Clean-up Program General Information Facility Information Facilitv Name Hurwich Iron Company, D.B.A. HIC Investments, LLC Facility Location Facility Mailing Information Facility Contact Primary Facility Contact During Inspection Other Facility Contact(s) During Inspection Facility ID EPA ID Number Facility Status [File Status Outstanding Issues Last Inspection Date Previous Violations Details 1610 Circle Ave. South Bend, IN 46628 St. Joseph County 4101 Edison Lakes Parkway Mishawaka, IN 46545 Same as Primary Facility Contact Alex Bowman Attorney 574-277-1200 abowman@kdlegal.com Salutation First Last Title Phone Email Name Name Number Mr. Mike Jones Caretaker Environmental Health Director -St. 574 - Mr. Mark Espich Joseph 235 - County 9722 Department of Health Non -Notifier I NAICS Code Non -Handler (Other Activities (- Yes r: No mespich@sjcindiana.com Charles Breitenfeldt Page 1 of 9 Hurwich Iron Company/Tuesday, January 31, 2023 (VFC Index — Program }iaxardaus Wasie DocuiT[eut Type: Field insneciioti_ Date: Tuesday, January3I, 2.023 Hal ID#: INX000068288) This inspection was conducted as part of the serving of a search warrant (attachment A) with the Indiana Department of Environmental Management's State Clean-up Program, I DEM State Clean-up Site #0000923, to inspect the site for possible hazardous waste being stored on the property. The site is located on the property of the former Hurwich Iron Co. — South Bend Smelting (Hurwich) facility that was in operation from 1905 -November 1999. The facility historically produced brass ingots from scrap brass and brass materials. The raw materials used in manufacturing processes consisted of compacted auto radiators, plumbing fixtures, brass millings, and scrapped machine parts. Former operations included melting an average of 10.000-11,000 lbs. of brass every two hours. The site consists of two separate buildings, 1610 and 1628 Circle Ave., on 4.57 acres. This site is currently owned and managed by HIC Investments, LLC. HIC Investments, LLC who also owns 10 contiguous properties, with buildings on two of them, 2008 Washington St. and 1636 Circle Ave. IDEM staff arrived on site with Mr. Mark Espich and two (2) Indiana State Troopers and met the property caretaker, Mr. Mike Jones. and the property owner's attorney, Mr. Alex Bowman. Mr. Ken McDaniel, along with the two (2) Indiana State Troopers. served Mr. Jones and Mr. Bowman with the search warrant (VFC document number 83436349, attachment A). Mr. Jones and Mr. Bowman agreed to the terms of the search warrant and granted IDEM access to the site. The Indiana Stats Troopers departed the site. IDEM staff explained to Mr. Jones and Mr. Bowman what they were going to look at and what they were looking for. IDEM staff first inspected the open area on the south end of the property. A red open top trailer (Trailer 1, attachment B) was observed in the southwest corner of the property. The trailer contained scrap metal and municipal trash. Moving to the east, IDEM staff observed three (3) van style semi -trailers and one (1) open top semi -trailer. Inside of the open top trailer (Trailer 2, attachment B) IDEM staff located approximately fifty (50) 55 -gallon steel drums that were partially snow covered (Photos 1 and 4). There were no labels visible on any of these drums and appeared to be full of unknown substances. The drums appeared to be full based on the trailer sinking into the ground (Photos 2 and 3). Photos,from the St. Joseph GIS Program indicate that the drums have been stored in the trailer since at least 2007 (Photo 67). Next, IDEM staff inspected Trailer 3, see attachment B. The lock had to be cut on this trailer to gain access to the inside. The trailer was full of old car parts and was being used for storage of scrap metal (Photo 6). Trailer 4 was inspected next and was found to be empty. Trailer 5 was also full of old car parts and being used for storage of scrap metal. Located to the east of Trailers 4 and 5, was a steel roll -off dumpster that was full of old crushed and degrading steel drums (Photos 6 and 7). There were several other dumpsters located to the south of the building, in a grassy area, all of which were empty. It should be noted that in attachment B there is an unknown number of drums shown in the photo that were not located during this inspection and the missing drums promoted the initial cause for IDEM seeking and obtaining a search warrant for this property. IDEM staff next inspected inside the first Hurwich building, 1628 Circle Ave. Inside of the building, about 40-50 feet from the door, along the south wall IDEM staff located five (5) 55 -gallon drums with unknown contents that were unlabeled. Two of the drums were open, one had an unknown green liquid on top of it, two appear to have an unknown liquid leaking from them, two of them were damaged, and two of them had holes in them (Photos 8-14). Moving further east along the south wall, in front of a machine called "the big Squeeze", was a 5 -gallon bucket of an unknown grease -like substance that was open and unlabeled. Slightly east from there IDEM staff located three (3) 5 -gallon buckets of unknown substances mixed with municipal trash (Photos 15 and 16), all these buckets were open and unlabeled. Continuing east along the south wall IDEM staff located eight (8) 1 -gallon containers of "Plastic Magi -Lux" (Photos 19-21). In the same area where the "Plastic Magi -Lux" is stored, IDEM staff located 20 batteries of varying sizes, most of them were on a pallet, single stacked. Three elongated batteries were not on the pallet, two of those looked highly degraded (Photo 17). Also in that same area was a damaged plastic container that contained several used spent fluorescent lamps of varying lengths (Photo 18), the container was open and unlabeled. Slightly east from this area was a room that contained a vat of an unknown bright green substance (Photo 22). This vat was open to the atmosphere, unlabeled, and had a pipe, inside of it that went to an unknown location. In the southeast corner of the building, IDEM staff located one (1) plastic 5 -gallon bucket that was severely compromised (Photo 23) and two (2) 5 -gallon metal buckets containing an unknown brown liquid; both buckets were unlabeled and open (Photo 24). In the middle of the Hurwich building, located at 1628 Circle Ave. was a two-story concrete block structure that housed offices, a maintenance crib downstairs, and quality control lab upstairs. Inside of the maintenance crib, to the left, IDEM staff located three (3) 20 -gallon metal containers containing an unknown substance. These containers were all closed but were not labeled (Photo 25). Next to those containers were two additional containers that were open, unlabeled, and Charles Breitenfeldt Page 2 of 9 Hurwich Iron Company/Tuesday, January 31, 2023 (VFC Index — Program Hazardous Wento Document Type: Field InsuULcii-C)n Date: Tuesday, January31, 2.023 HW ID#: INX000068288) contained an unknown substance (Photos 26 and 27). Also inside of the maintenance crib was a plastic 55 -gallon container full of an unknown liquid that was closed, but not labeled (Photo 28). By the door to the maintenance crib were two (2) 5 -gallon plastic containers filled with an unknown purple liquid that were closed, but unlabeled, (photo 29). Next to these containers by the door were several other containers of varying sizes that were full of unknown substances and were not in good condition (Photos 30 and 31). In the back of the maintenance crib IDEM staff located a 5 -gallon metal container that was closed, was unlabeled, and had an unknown substance leaking from the bottom of it (Photo 32). Up the stairs to the right IDEM staff located a quality control lab. In the middle of the lab was a workstation that contained several containers of varying sizes and shapes. Some of these containers were labeled with the contents, but some were not. One of the containers was dated 3/25/94 (Photos 34-39). Around the corner of the lab, on the far side, IDEM staff located several more containers of varying sizes. Some of these containers were labeled, but some were not and the waste status of all these containers is unknown (Photo 40). A full inventory of the containers found in the lab can be found in Attachment C of this report; a waste determination will be requested on all above-mentioned containers. IDEM staff next inspected Trailer 6 located on the north end of the property alongside Circle Avenue, see Attachment B. Inside the trailer IDEM staff located: five (5) 5 -gallon containers with a flammable label on them, contents were unknown as they were not labeled: three (3) 55 -gallon drums that were partially full of an unknown liquid, one (1) of them was opon, none of them were labeled. one (1) 20 -gallon container containing a grease -like substance that was not labeled, one (1) metal 55 -gallon drum containing an unknown liquid that was not labeled; two (2) plastic 55 -gallon drums of an unknown liquid that were not labeled; and one (1) 20 -gallon container that was not labeled, filled approximately halfway of an unknown liquid (Photos 58-62). IDEM staff next inspected the second Hurwich building, 1610 Circle Ave. This building is split up into three (3) distinct areas: Production, Storage, and Offices (See page 2 of Attachment B). IDEM staff first inspected the Production Area of the building. On the far wall from the door. IDEM staff located seven (7) 55 -gallon metal drums and one (1) plastic 55 - gallon drum that were unlabeled and filled with unknown substances (Photos 41 and 42). Moving northwest along the far wall IDEM staff located approximately 344 1 -gallon metal containers in deteriorating condition on a pallet and had manufactured labels on them that stated they were full of "Plastic Magi -Lux" (Photos 43 and 44). Located next to the pallet were 12 boxes each containing four (4) 1 -gallon containers of Plastic Magi -Lux (Photo 45). Moving northwest from the pallet, on the other side, IDEM staff located three (3) metal 55 -gallon drums and one (1) 30 -gallon metal drum. None of these drums were labeled and the 30 -gallon drum was open. The contents of these drums were unknown (Photo 48). Next to these four (4) drums was another pallet containing approximately 52 1 -gallon metal containers of "Plastic Magi - Lux". These containers were in deteriorating condition and improperly stacked. Some of the containers were open with contents spilled onto the ground (Photo 47). Continuing northwest along the far wall IDEM staff located seven (7) plastic and eight (8) 55 -gallon metal drums, each containing approximately 24 1 -gallon containers of Plastic Magi -Lux (Photos 49 and 50). Next to these drums and behind a bunch of metal debris, IDEM staff located one (1) 55 -gallon plastic container with a flammable sticker on it. The drum appeared to be full, however, the drum was not labeled and its contents are unknown (Photo 55). In the far northwest portion of the production area IDEM staff located several more 1 - gallon containers in deteriorating condition, some were labeled as Plastic Magi -Lux, but some were unlabeled (Photos 51-53). It is unknown what the contents in these containers are. In this same area IDEM staff located an approximate 500 -gallon tank that was 5/8ths of the way full. The tank was unlabeled, and it was unknown what was inside of the tank (Photo 54). Next, IDEM staff inspected the area southeast from the door. At the far end of the building, they located an approximate 1000 -1500 -gallon vessel that was possibly a boiler. The vessel had some liquid in it; however, it was unlabeled, and its contents was unknown (Photos 56 and 57). After completing an inspection of the Production Area, IDEM staff moved on to the other two parts of the building. They first inspected the Storage Area. In this area they located one (1) 1 -gallon container of Plastic Magi -Lux that was in deteriorating condition and one 5 -gallon plastic jug that had a clear liquid inside of it and was unlabeled (Photo 63). The contents of both containers are unknown. IDEM then moved on to the office area of the building. In one of the offices, they found one box with four (4) used lamps inside of it, the box was open and unlabeled (Photos 64 and 65). In the same room, on a table, IDEM staff located a 1 -gallon metal container in deteriorating condition, an open container of cleaner, and a container of "Liquid Fire" (photo 66). The status of these containers and what is inside of them is unknown. IDEM staff also inspected the buildings located at 1639 Circle Ave. and 2008 Washington St. There was nothing of concern located in either one of these buildings; it appears these buildings are being used as storage for the company and caretaker's uses. Charles Breitenfeldt Page 3 of 9 Hurwich Iron Company/Tuesday, January 31, 2023 (VFC Index — Program Edazardaua Warta Document Type: EiVid ius neap tion Date: Tuesday, January 31, 2023 HW 1D#: INX000068288) Upon conclusion of the inspection IDEM staff conducted a closing conference with Mr. Alex Bowman and informed him of their discoveries. IDEM staff informed Mr. Bowman that Hurwich is going to be required to make several waste determinations and based on those determinations further violations may be citied and enforcement actions may be taken. Mr. Ken McDaniel signed the search warrant indicating that it had been served and handed signed copies to Mr. Alex Bowman, Mr. Mark Espich, and Mr. Charles Breitenfeldt for their records. Violations were discovered and require a submittal within 45 days to IDEM via email at chbreite ar?,idem.in.gov. Additional violations may be cited based upon the results of the waste determinations. (Regulatory Status Generator category will be based Observed Activity on results of the waste Other Activities determinations Documents Reviewed (Comments Comments: I The site does not currently actively generate hazardous waste. Waste Stream(s) Information Waste Streams 6' Yes (- No C'° Not Inspected (-° Not Applicable List waste stream(s) information that varies from the most recent Annual Report (Example: additional waste streams, waste streams no longer generated, significant increase/decrease in generation rate, etc.) EPA Waste Codes Description Source Generation Rate Disposition 1 Needs Waste Several Containers of Closure of Will be based on Waste Will be based on Waste Determination Varying Sizes Facility Determinations Determinations Exempted/Excluded C' Yes r: No Explanation Waste Management Areas Container Management Area(s) r' Yes EPA Waste Codes Location Needs Waste Determination Satellite Area(s) r4 Yes t+ No C- Not Inspected t4 Not Applicable C No r Nat inspected C Not applicable Number Size 1 Type of Container See Attachment D Not inspected -' Not applicable Tanks, Restricted Waste Sites, and Other Regulated Units 5' Yes (`` No C Not inspected �'- Not applicable EPA Waste Codes Type/Construction Location Needs Waste Steel Hurwich, 1610 Determination Circle Ave. lveeas waste Steel Determination — Quantity On -Site Approximately 300 gallons Hurwich, 1610 Unknown Circle Ave. +!Environmental Releases `'Visible Releases/Contamination/Discharges f r- Yes +% No Release Observed Size Unit Approximately 500 Tank Gallons Approximately 1000- Vessel 1500 gallons Charles Breitenfeldt Page 4 of 9 Hurwich Iron Company/Tuesday, January 31, 2023 (VFC index -- Progran: liarnrdaus %ste DocuineW Type: Field Inspection_ Date: Tuesday, January 3 i, 2023 HW ID#: INX000058288) Compliance Assistance P2 Information The following P2 suggestions could possibly save money, reduce waste and/or minimize risk. You might consider having a P2 assessment, or a voluntary technical assistance consultation from IDEM staff. Please visit the agency's P2 web site at httr)://www.in.aovlideml5298.htm for additional information. Contact by IDEM OPPTA Requested Yes No P2 Suggestions IGuidance Materials Guidance Materials Provided to Facility Standards 170 Hazardous Waste Determination r- Recordkeeping (SQG and LQG) r Identifying Hazardous Waste Numbers (SQG and LQG) F Generator Category Determination F Notification (SQG, LQG, Transporter, TSDF) I- Release to the Environment, Disposal of Solid Waste 1- Illegal Dumping r- Other Violation LQG Hazardous Waste Standards F Accumulate for 90 Days or Less i Container Condition Compatibility of Waste with Container I- Containers Closed f` Container Handling T- Central Accumulation Area Inspection F Ignitable or Reactive Wastes - Distance from Property Line F Ignitable or Reactive Wastes - Sources of Ignition/Reaction: "No Smoking" signs F Conditions for Accumulation of Incompatible Wastes Container Labeled "Hazardous Waste" Container Marked with Indication of Hazards TSDF Permit Requirements TSDF Permit Requirements Other Violation SQG Hazardous Waste Standards r- Accumulate for 180 Days or Less F Accumulation Limit r Container Condition Compatibility of Waste with Container i- Containers Closed Container Handling Central Accumulation Area Inspections Conditions for Accumulation of Incompatible Wastes f Container Labeled "Hazardous Waste" r- Container Marked with Indication of Hazards r- Container Marked with Accumulation Start Date F Tank Operating Conditions r- Tank Inspections Charles Breitenfeldt Page 5 of 9 Hurwich Iron Company/Tuesday, January 31, 2023 (VFC Index — Program Hazardous Waste Document Type: &Ld hsbndon Date: Tuesday, January 31, 2023 HW ID#: INX000068288) F Containers Marked with Accumulation Start Date r Tank Integrity Assessment F Tank Containment and Detection of Releases F Tank General Operating Requirements i- Tank Inspections i Tank Subpart BB - Monthly Pump and Valve Monitoring F Tank Subpart CC -Annual Inspection/Monitoring Tank Labeled "Hazardous Waste" F Tank Marked with Indication of Hazards F Tank Documentation for 90 -Day Accumulation F Maintenance and Operation of Facility F_ Required Equipment r_ Testing and Maintenance of Equipment F Aisle Space F Arrangements with Local Authorities F Arrangements with Local Authorities - Documentation F Contingency Plan Developed F Content of Contingency Plan Copies of Contingency Plan Contingency Plan Quick Reference Guide r Emergency Coordinator Personnel Training Program Personnel Training - Complete Within Six Months Personnel Training Annual Review r Personnel Training Documentation r Personnel Training Record Retention 17- Notification for Closure r Land Disposal Restrictions F Large Quantity Generator - Other Violations Satellite Accumulation - SQG and LQG r- Quantity Limits, Point of Generation, Under Control of Operator Container Condition Compatibility with Container F Incompatible Wastes 1— Containers Closed r Tank Labeled "Hazardous Waste" I^ Tank Marked with Indication of Hazardous i- Tank Documentation for 180 -Day Accumulation i Land Disposal Restrictions t-'" Maintenance and Operation of Facility I- Required Equipment F_ Testing and Maintenance of Equipment F Access to Communications or Alarm System F Aisle Space 17- Arrangements with Local Authorities F Arrangements with Local Authorities - Documentation I- Emergency Coordinator F Emergency Information Posted r Employee Training 17 Other Small Quantity Generator Standards VSQG Standards r Hazardous Waste Generation Limit I- Hazardous Waste Accumulation Limit F Hazardous Waste Determination F_ Proper Disposal T_ Prohibited Disposal of Liquids in Landfills Manifest and Recordkeeping - LQG and SQG F Manifest General Requirements F Use of the Manifest Charles Breitenfeldt Page 6 of 9 Hurwich Iron Company/Tuesday, January 31, 2023 (VFC Index — Program I1=,ard0US Wame Document Type: Field inspection Date: Tuesday, January 31, 2023 HW 1D#: INX0000682.88) Container Labeled "Hazardous Waste" Container Marked with Indication of Hazards Preparedness and Prevention Excess Generation Episodic Generation r- Notification F EPA ID Number i- Accumulate for 60 Days or Less r Accumulation Prohibitions r Container Labeling T Tank Labeling and Recordkeeping I" Recordkeeping i- Preparedness and Prevention 1- Other Violation Solvent -Contaminated Wipes - Disposal I- Container Management (Non -leaking containers) F Closed Containers r- Labeling ,r Accumulation Time I- No Free Liquids i- Free Liquids Management I- Documentation r Final Disposition Universal Waste - All Facilities T Universal Waste Labeling f- Containers -Closed, Good Condition, No Evidence of Leaks 17' Universal Waste - Bulb Crushing Prohibition Hazardous Secondary Materials r- Reclaimed Under Control of the Generator r Contained r Speculative Accumulation 17- Notice f- Documentation of Legitimacy Determination i- Emergency Preparedness and Response f- Emergency Procedures (Accumulates 6,000 kg or Less) 1- Emergency Procedures (Accumulates Greater than 6,000 kg) f- Other Violation Solvent -Contaminated Wipes - Laundered or Dry Cleaned f- Container Management (Non -leaking containers) F_ Closed Containers h Labeling i Accumulation Time f- No Free Liquids f- Free Liquids Management 1� Documentation " Clean Water Act Used Oil -All Facilities r- Rebuttable Presumption Applies F Containers and Tanks in Good Condition F Containers/Tank Labeling r Release Clean Up and Containment F Burning Restrictions - Generated On-site or DIY, .5M BTU Description of Vlolatlon(s) STANDARDS i HAZARDOUS WASTE DETERMINATION CITATION: 40 CFR 262.11: A person who generates a solid waste must determine if that waste is a hazardous waste. Charles Breitenfeldt Page 7 of 9 Hurwich Iron Company/Tuesday, January 31, 2023 (VFC Index —Program I lazardotN Wase Document Type: field Inspcclinn Date: Tuesday, January 31, 2023 HW IB#: INX000068288) DETAILS: Hurwich Iron Company failed to make proper waste determinations on remaining inventory and abandoned the site upon closure in 1999. Dozens of containers of varying sizes, all containing various unknown contents were observed in trailers 2 and 6, as well as in the buildings located at 1610 and 1628 Circle Ave. South Bend, IN. This includes the vat found in 1628 Circle Ave. and the two tanks that were found in 1610 Circle Ave. buildings. An inventory of the containers observed with unknown contents can be found in Attachment D. REQUIRED ACTION: Determine whether the containers listed in Attachment D are hazardous wastes as defined by 40 CFR 261. IDEM staff plan to be present when sampling occurs with the intent of splitting samples. Please provide IDEM with at least 14 days' notice of your planned sampling event, and submit a sampling plan if available. Final waste determinations, along with sampling results, must be submitted to IDEM within 45 days of receipt of this report. Yes Photographs" No Map t: Maps r Yes GPS Location Collected (-- No r Yes Analytical Screening Conducted r No r Yes Lab Sample t: No Inspection Results Violations were discovered and require a submittal. Additional violations may be cited based on the results of the waste determinations. Multi -Media Concerns No concerns noted Finalize Inspection Written Summary of Inspection Notice of Inspection and Verbal Summary Provided Printed/Typed Name Charles Breitenfeldt Phone Number: (219) 781-5400 Inspector Information Email Address: chbreite@idem.in.gov Signature: Obtained on the Inspection Verification/Findings Form Printed/Typed Name ,ilex Bowman Facility Representative Signature Signature: Obtained on the Inspection Verification/Findings Form Charles Breitenfeldt Page 8 of 9 Hurwich Iron Company/Tuesday, January 31, 2023 (VFC Index — Program I1 izurd tlw*c: Document Type: Field NsDectimL Date: Tuesday, January 31, 2023 HW ID#: INX000068288) Charles Breitenfeldt Page 9 of 9 Hurwich Iron Company/Tuesday, January 31, 2023 (VFC Index — Program Hazardom Waste Document Type: Field lasocclioTi Date: Tuesday, January 31, 2023 HW 1D#: iNX000068288) Photo Table: HIC Investments, LLC Number 1 Description Trailer 2 as identified in attachment B that has not moved since 2007, reference photo 67. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Number 2 Description Trailer 2 sinking into the ground, indication that the drums inside of it are at least all partially full. Photographer I Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 1 of 35 (VFC Index — Program HW Document Type: Fjold lnsMOOR Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number 3 Description Trailer 2 rear axles, also sinking into the ground. Photographer Facility Name Photo Date Others Number Description hotographer acility Name Hannah Hack HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker 4 Inside of trailer 2, approximately 50 metal 55 - gallon drums Rill of unknown contents, all are unlabeled. Hannah Hack HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 2 of 35 (VPC Index — Program HW Document Type: Field lusnection Date: Tuesday, January 31, 2023 FPA ID N:INX000068288) Number 5 Description Trailer 3 full of old card parts and other scrap metal Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Number 6 Description Steel roll -off dumpster to the east of trailers 4 and 5 that is full of decaying metal 55 -gallon drums, Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 3 of 35 (VPC Index — Program HW Document Type: Fuld Inspection Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number 7 Description Side view of roll -off dumpster in photo 6 Photographer Charles Breitenfeldt Facility Name HIC Investments, LLC Photo Date 01/31/2023 Description Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Photographer Alex Bowman - Krieg DeVault LLP Facility Name Mike Jones - Property Caretaker Number 8 Page 4 of 35 (VFC Index — Program HW Document Type: Field Inspection Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Inside of Hurwich, 1628 Circle Ave. building (Hurwich 1628) on south wall. Five (5) drums with unknown contents in them and none of thele are Description labeled: two of them were open, one has unknown green liquid on top of it, two appear to have an unknown liquid leaking from them, two of them were damaged, and two of thein had holes in them. Photographer Charles Breitenfeldt Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 4 of 35 (VFC Index — Program HW Document Type: Field Inspection Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) 9 Description Same drums as in photo 8, this is the drum that appears to have an unknown liquid leaking from it. Photographer +_ r Facility Name Hannah Hack HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Number 10 Same drums as in photo 8, showing damaged drums Description with unknown liquids inside of them and another drum that has an unknown liquid leaking from it. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 5 of 35 (VFC Index— Program HW Document Type: McId lnsocetion Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number 11 Same drum as in photo 10 showing drum is Description damaged, open, unlabeled, has an unknown liquid leaking from it. Photographer Facility Name Photo Date Others Number Description Photographer Facility Name ` Photo Date Others Hannah Hack HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Close up from photo 11 of the unknown liquid leaking out of the drum. Hannah Hack HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 6 of 35 (VPC Index — Program HW Document Type: ricld Inspot� Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number Description Photographer Facility Name Photo Date Others Number )escription iotographer icility Name 'hoto Date Others 13 Drum from photo 8 that is badly damaged, with a hole in it. Has unknown liquid inside of it and is unlabeled. Hannah Hack HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker 14 A different drum from photo 8 that is badly damaged, with a hole in it. Has unknown liquid inside of it and is unlabeled. Hannah Hack HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 7 of 35 (VFC Index — Program HW Document Type: Field InSIVotz Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number Others Number 15 5 -gallon plastic bucket in front of "the Big Squeeze" that is open, unlabeled, and has an unknown liquid inside of it mixed with municipal trash found in Hurwich 1628. Hannah Hack HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker 16 Three 5 -gallon plastic buckets that are open, Description unlabeled and have an unknown grease like substance in thein mixed with municipal trash found in Hurwich 1628. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 8 of 35 (VFC Index — Program HW Document Type: Field [nspcDate: Tuesday, January 31, 2023 EPA ID #:INX000068288) 4 r" Description Photographer Facility Name r _h. Photo Date Others Number 15 5 -gallon plastic bucket in front of "the Big Squeeze" that is open, unlabeled, and has an unknown liquid inside of it mixed with municipal trash found in Hurwich 1628. Hannah Hack HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker 16 Three 5 -gallon plastic buckets that are open, Description unlabeled and have an unknown grease like substance in thein mixed with municipal trash found in Hurwich 1628. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 8 of 35 (VFC Index — Program HW Document Type: Field [nspcDate: Tuesday, January 31, 2023 EPA ID #:INX000068288) 4 XT__ -IL - 17 Description Pallet of 20 degrading batteries of varying sizes that are not labeled nor dated found in Hurwich 1628. Photographer Charles Breitenfeldt Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Number 18 Damaged 55 -gallon plastic drum containing used Description fluorescent lamps of varying sizes that are open, not labeled, nor dated found in Hurwich 1628. Photographer Charles Breitenfeldt Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 9 of 35 (VFC Index — Program HW Document Type: Field I»speetion Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) r- Number 19 Small pallet found in Hurwich 1628 containing five ' Descri tion 1 -gallon containers of Plastic Magi -Lux. The p containers are degrading, and the contents of the ams containers are unknown. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Number Description it 11 C_ y , C_I Photographer �z 1 � h1LA01C� 4 FLQDR Facility Name r Photo Date Others 20 Close up of one of the containers in photo 19. Hannah Hack HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 10 of 35 (VFC Index — Program H W Document Type: Field ]ns ectioii Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number 21 Box containing three 1 -gallon containers of Plastic Description Magi -Lux found on the ground next to the 55 - gallon drum of used lamps found in Hurwich 1628. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Number 22 Vat of unknown green liquid that is open to the Description environment and is not labeled nor dated found in a separate small room in Hurwich 1628 along the southern wall. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 11 of 35 (VFC Index — Program HW Document Type: Field Jusnection Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number 23 Found in Hurwich 1628 in the southeast corner of Description the building was this highly degraded 5 -gallon plastic bucket, it is unknown what was in the bucket or how this bucket came to be so degraded. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Number 24 Two metal 5 -gallon buckets (with one that is Description severely compromised) containing unknown liquids. Both are open and unlabeled, found in Hurwich 1628 southeast corner of the building. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 12 of 35 (VPC Index — Program 1-1W Document Type: Field IfispDate: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number 25 Found in Hurwich 1628 maintenance crib. Three Description metal 20 -gallon containers that are unlabeled and filled with an unknown substance. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Number 26 Found in Hurwich 1628 maintenance crib; 5 -gallon Description plastic bucket filled with an unknown substance that is unlabeled and open. Photographer Facility Name Photo Date Others Hannah Hack HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 13 of 35 (VFC Index — Program HW Document Type: fidd InsWc[ion Date: Tuesday, January 31, 2023 DPA ID #:INX000068288) Number 27 Found in Hurwich 1628 maintenance crib; 5 -gallon Description plastic bucket filled with an unknown substance that is unlabeled and open. Photographer Facility Name Photo Date Others URN Number Hannah Hack HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker 28 Found in Hurwich 1628 maintenance crib; plastic Description 55 -gallon drum filled with an unknown liquid that is unlabeled. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 14 of 35 (VFC Index — Program HW Document'rype: yield Ins ]eetiol Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) . iT Number Wit Found in Hurwich 1628 maintenance crib -back Description room; 5 -gallon metal bucket that is damaged and leaking an unknown purple liquid. The bucket is also unlabeled. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Number 30 Found in Hurwich 1628 (maintenance crib, by the Description entrance, two 5 -gallon plastic buckets filled with an unknown purple liquid, both buckets are not labeled. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 15 of 35 (VFC Index — Program HW Document Type: Field Insmcllon Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number 31 Top view of photo 30 showing the second bucket better. Hannah Hack HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker 32 Found in Hurwich 1628 maintenance crib, by the entrance, 5 -gallon metal container that was closed, Description but unlabeled and had an unknown substance leaking out of the bottom of it. Also two 1 -gallon cans, waste status unknown. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 16 of 35 (VPC Index — Program HW Document Type: Field Inspedoi Date: Tuesday, January 31, 2023 EPA 1D #:1NX000068288) Number 33 Description Found in Hurwich 1628 maintenance crib, to the left of the entrance. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Number 34 Quality control lab found in the upstairs part of Hurwich 1628. These are several unknown Description chemicals in containers of varying size. Some are glass and some are plastic. See attachment C for a 411- ' full list and approximate sizes. �N Photographer r Facility Name All' Photo Date Others Hannah Hack HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 17 of 35 (VPC Index — Program HW Document Type: Field I1ixp ee tiara Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) J'� r Number Description Photographer Facility Name ® t1 Photo Date Others Number iption rapher iName Date Others 35 Close up of the bench area in photo 34 Hannah Hack HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker 36 Close up of the bench area in photo 34 Charles Breitenfeldt HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 18 of 35 (VPC Index — Program HW Document Type: Fi0ld hi Date: Tuesday, January 31, 2023 PPA ID #:INX000068288) V Number k� Description > `4 _1 Photographer -.t Facility Name Photo Date Others Number 37 Close up of the bench area in photo 34 Charles Breitenfeldt HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker 38 Description Close up, top view, of the bench area in photo 34 Photographer Facility Name Photo Date Others Charles Breitenfeldt HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 19 of 35 (VPC Index — Program HW Document Type: Field InspWinn Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) J�x - ", �e, Number 39 Description Close up, top view, of the bench area in photo 34 Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Description Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Facility Name Alex Bowman - Krieg DeVault LLP Photo Date Mike Jones - Property Caretaker Number 40 Page 20 of 35 (VPC Index — Program HW Document Type: Field hipa;gtion Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Quality control lab found in the upstairs part of Hurwich 1628, this is on a desk around the corner from the main bench area shown in the previous Description photos. Several other containers of varying sizes and materials containing unknowns. A complete list of these can be found in attachment C. Photographer Charles Breitenfeldt Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 20 of 35 (VPC Index — Program HW Document Type: Field hipa;gtion Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number 41 Found inside of Hurwich building 1610 Circle Ave. Description against the far wall. Unknown waste inside of drums covered with municipal waste. No drums are labeled or dated. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Number 42 Found inside of Hurwich building 1610 Circle Ave. Description against the far wall. Unknown waste inside of drums covered with municipal waste. No drums are labeled or dated. Photographer Hannah Hack Facility Name I HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 21 of 35 (VFC Index — Program HW Document Type: Field I71Soee seri Date: Tuesday, January 31, 2023 CPA ID #:1NX000068288) Number 43 Found inside of Hurwich building 1610 Circle Ave. against the far wall: pallet containing 343 Description deteriorating 1 -gallon cans of Plastic Magi -Lux and 12 boxes each containing four 1 -gallon cans of Plastic Magi -Lux. Several cans are leaking waste onto the concrete floor. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Number 44 Description Close up picture of cans leaking from photo 43. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 22 of 35 (VFC Index — Program H W Document Type: field 11is e�� ction Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number 45 12 boxes each containing four 1 -gallon cans of Description Plastic Magi -Lux. Same boxes as partially shown in photo 43. Photographer Facility Name Photo Date Others Number �'0jW59"_qPWW R7 ON ' Description 'Critxt�erO�s ��. k Pl. . _ ; super c�,,4rue f - CU." •Honk. 1j'V'kU'k "q`u a is kod i^° "''r I,n.leel3 b e1 ' Photographer .� . �d;FLT,T Facility Name wo `�* -•" -''�"""' . Photo Date Others Hannah Hack HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker .4 Close up photo of the label on the back of the Plastic Magi -Lux cans. Charles Breitenfeldt HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 23 of 35 (VFC Index — Program HW Document Type: Field lion Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number 47 Found inside of Hurwich building 1610 Circle Ave. Description against the far wall. Approximately 52 1 -gallon cans of Plastic Magi -Lux. Some have fallen onto concrete floor and spilled open. Photographer I Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Number 48 Found inside of Hurwich building 1610 Circle Ave. against the far wall. Three metal 55 -gallon drums Description filled with an unknown waste and one 20 -gallon open metal container with an unknown waste inside, none of the drums were labeled. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Pronerty Caretaker Page 24 of 35 (VPC Index — Program HW Document Type: Field Gn;gCCtioa Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number Description Photographer Facility Name Photo Date Others Number 49 Found inside of Hurwich building 1610 Circle Ave. against the far wall. This is part of seven -plastic and eight metal 55 -gallon drums that each contained approximately 24 1 -gallon cans of Plastic Magi -Lux Hannah Hack HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker 50 Found inside of Hurwich building 1610 Circle Ave. against the far wall. This is more of the seven - Description plastic and eight metal 55 -gallon drums that each contained approximately 24 1 -gallon cans of Plastic Magi -Lux continued from photo 49. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 25 of 35 (VFC Index— Program HW Document Type: [=field Insueetion Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number Description 'e Photographer Facility Name Photo Date Others Number 51 Found inside of Hurwich building 1610 Circle Ave. in the northeast corner of the building. Several 1 - gallon metal containers with unknown wastes inside of them. No labels or dates were found. Charles Breitenfeldt HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker 52 Found inside of Hurwich building 1610 Circle Ave. h y in the northeast corner of the building. Several 1- . Description gallon metal containers with unknown wastes inside of thein. No labels or dates were found. Photographer Charles Breitenfeldt f �N =' Y Facility Name HIC Investments, LLC Photo Date 01/31/2023 - t. Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker E Page 26 of 35 (VFC Index — Program HW Document `type: E=ield I11swctial] Date: Tuesday, January 31, 2023 PPA ID #:INX000068288) Number 53 Found inside of Hurwich building 1610 Circle Ave. Description in the northwest corner of the building. Several 1 - gallon metal containers with unknown wastes inside of them. No labels or dates were found. Photographer Facility Name Photo Date Others Number Charles Breitenfeldt HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker 54 Found inside of Hurwich building 1610 Circle Ave. th th t f th b 'ld' t m e nor par o e uI mg Is an approxlma e Description 500 -gallon tank that, according to the gauge on top, is 5/8ths of the way full of an unknown liquid. The tank had no labels or dates on it. Photographer Charles Breitenfeldt Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 27 of 35 (VPC Index — Program HW Document Type: Field-YrWmedfion Date: Tuesday, January 31, 2023 PPA ID #:INX000068288) Number 55 Found inside of Hurwich building 1610 Circle Ave. along the far wall, behind a bunch of metal debris is Description one 55 -gallon plastic drum with a flammable label on it. The contents of the drum are unknown as no other labels or date is on it. Photographer Facility Name Photo Date Others Number Charles Breitenfeldt HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker 56 Found inside of Hurwich building 1610 Circle Ave. in the southern most part of the building is a 1000 - Description 1500 -gallon vessel that has an unknown liquid inside of it. The vessel was not marked nor labeled and no date could be found on it. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 28 of 35 (VFC Index — Program HW Document Type: Field liisnccl?og Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) ,tri '�F` _•-�.�;r3rar• �..._...�-.-.>✓ .�� '. Number 57 Description Same vessel as in photo 56 showing the front and middle sections of it. Photographer Hannah Hack Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Number Description Wc Inside of Trailer 6. Photographer Charles Breitenfeldt Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 29 of 35 (VFC Index— Program HW Document Type: Field Insoeetion Date: Tuesday, January 31, 2023 EPA 1D #:INX000068288) Number 59 Inside of trailer 6, 5 -gallon metal bucket with a flammable label on it. Product label says it could Description contain alcohol, ester, and petroleum distillates. Actual substance inside is unknown. Photographer Facility Name V,,t Photo Date Others Number Charles Breitenfeldt HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker :1 Inside of trailer 6: 55 -gallon plastic drum that is open and not labeled in any way. Unknown black Description liquid inside of it. Next to it is a 20 -gallon metal container with an unknown substance inside of it that is not labeled. Photographer Charles Breitenfeldt Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 30 of 35 (VPC Index — Program HW Document Type: 3'ield Iji action Date: Tuesday, January 31, 2023 PPA ID #:INX000068288) Number 61 Inside of trailer 6: 55 -gallon plastic and 55 -gallon Description metal drums that are both open and not labeled. Both have an unknown black liquid inside of them. Photographer Charles Breitenfeldt Facility Name HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health of trailer an unknown -gallon plastic Alex Bowman - Krieg DeVault LLP f:; Mike Jones - Property Caretaker Page 31 of 35 (VPC Index — Program HW Document Type: l-ield Insoeotion Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) ' Number 62 ---now Inside 6 is 55 of trailer an unknown -gallon plastic f:; Description drum that is open and unlabeled; there is an ' \; +•�� "r ' unknown black liquid inside of the drum. F. Photographer Charles Breitenfeldt Facility Name HIC Investments, LLC � s ' E"• 1- *` Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Others Health t Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 31 of 35 (VPC Index — Program HW Document Type: l-ield Insoeotion Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number 63 Inside of Hurwich 1610, middle storage area: one 1 -gallon container in deteriorating condition of Description Plastic Magi -Lux and one 5 -gallon plastic container with an unknown clear liquid inside of it, this container is not labeled or dated. Photographer r Facility Name Photo Date Others INumber "ascription tographer ility Name Toto Date Others Charles Breitenfeldt HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker •E Inside of Hurwich 1610, the front office part: one 4 -foot box of waste lamps containing four lamps that is open and unlabeled. Charles Breitenfeldt HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 32 of 35 (VFC Index — Program HW Document Type: MOM IIISDCCtion. Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number Description 4 Photographer Facility Name Photo Date Others Number 65 Same box of waste lamps as in photo 64 showing the waste lamps inside of the box Charles Breitenfeldt HIC Investments, LLC 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Inside of Hurwich 1610 in the same office as the lamps: One 1 -gallon container in deteriorating Description condition of an unknown substance, one broken container of cleaning product, one container of "Liquid Fire" (unknown what this is or its status) Photographer Facility Name Charles Breitenfeldt HIC Investments, LLC Photo Date 01/31/2023 Charles Breitenfeldt - IDEM Ken McDaniel - IDEM Others Mark Espich - St. Joseph County Department of Health Alex Bowman - Krieg DeVault LLP Mike Jones - Property Caretaker Page 33 of 35 (VPC Index — Program HW Document Type: Pieid hesnection Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) Number 67 Photo of Hurwich 1628 showing trailer 2 full of drums presumably same drums as shown in photo 4 Description as both trailer 2 and the orange dumpster in front of it are in the exact same place in this photo as they were found on the date of the inspection. Photographer Photo courtesy of St. Joe County GIS program Facility Name BIC Investments, LLC Photo Date 5/4/2007 Others .�" Number 68 Klfp`�r- 46 Photo of Hurwich 1628 showing trailer 2 full of drums presumably same drums as shown in photo 4 Description as both trailer 2 and the orange dumpster in front of ' it are in the exact same place in this photo as they were found on the date of the inspection. Photographer Photo courtesy of St. Joe County GIS program Facility Name BIC Investments, LLC Photo Date 11/15/2010 Others Page 34 of 35 (VFC Index — Program HW Document Type: Field hisnection Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) F',q` it s� :!j Number 69 Photo of Hurwich 1628 showing trailer 2 full of drums presumably same drums as shown in photo 4 as both trailer 2 and the orange dumpster in front of it are in the exact same place in this photo as they Description were found on the date of the inspection. Also note the drums in the corner of the building in this picture were not present at the time of the " inspection (also noted in attachment B). Photographer Photo courtesy of St. Joe County GIS program Facility Name HIC Investments, LLC Photo Date 3/13/2021 Others Page 35 of 35 (VFC Index — Program HW Document Type: Firjd Fir[InEoctiog Date: Tuesday, January 31, 2023 EPA ID #:INX000068288) STATE OF INDIANA ) ) SS: COUNTY OF SAINT JOSEPH ) IN THE SAINT JOSEPH COURT CAUSE NO. 71 COI -2301-M I-000027 IN THE MATTER OF A SEARCH WARRANT ) FILED REGARDING THE FOLLOWING REAL ESTATE: ) Janpry 23, 2023 12 Acres f/k/a Hurwich Iron Company, at ST. JOS�PH CIRCUIT & SUPERIOR COURT 161.0 Circle Avenue, South Bend ) d� 1628 Circle Avenue, South Bend, and owner ) HIC INVESTMENTS, LLC, ) Sh;ARCII WARRANT FOR ENTRY, INSPEC'T'ION. AND INVESTIGATION PURSUANT" I'O IND. CODE 6 13-14-2-2 TO: 1.110 Invesl.nlents, LLC or their designated agents "M:"he State of Indiana By and 'Through Designated Agent(s) of its Department of Environmental Management, or by Any Constable, Police 01-Ticer, Shcriff, or Conservator of the Peace, Greetings; WI.12REAS, IDEM filed a Verified Petition for Administrative Search Warrant, which is incorporated herein by reference; and WIME'A.S, I I EM has shown that the properties Iocated at 1610 Circle Avenue, Soutlr Bend, IN 46628 and 1628 Circle Avenue, South Bend, IN 46028 contain unsafe levels of lead in violation of the environmental ananagcnient laws of the State of Indiana; and WI IERIIAS, such unsafe levels of lead pose a threat of environmental degradation and injury to the health of the citizens of Indiana; and WIIEREAS, IDEM has shown that the properties contain rusted drums that require investigation; and WITEI AS, per Ind. Code § 13-14-2-2, a designated agent of IDEM is authorized to enter private or public property to inspect for and investigate possible violations of environmental management laws; and W111 REAS, case law authorizes a court to issue a warrant for an administrative search based upon either (]),specific evidence of an existing violation or (2) compliance with reasonable legislative or adininistrative standards for inspecting the premises in question. Marshall v. Barlow a, ]he., 436 U.S. 307 (1978); In re Search yf"arr'ant,for Coinna'r of Labor, 458 N.E.2c1 1164 (Ind. Ct. App. 1984); State v. Kolconro 11rbe Co., 426 N.E.2d 1338 (Ind. Ct. App, 1981); and WHRRBAS, based upon the Verified Petition for Administrative Search Warrant, and the statutes and case law listed therein,, the Department has shown both (1) specific evidence of possible existing violations, rind (2) compliance with reasonable legislative or administrative standards for inspecting the premises in question, either one of which would justify the issuance of this search warrant.- Accordingly, arrant; Accordingly, it is ORDERED that KENNETH MCDAME,L and any other authorized personnel from the FNDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT and/or the SAINT JOSEPH COUNTY HEALTH DEPARTMENT PERSONNEL, Deputies from the SAINT" JOSEPH COUNTY SI•IERIFF'S OFFICE, and/or the INDIANA STATE POLICE, ARE HEREBY AUTHORIZED to enter the 12 acres of real property, including any buildings, as located at 1610 Circle Avenue and 1628 Circle Avenue in South Bend, for purposes of inspection and investigation to determine compliance with environmental management laws. The inspection is authorized to continue, including; re-entry at later dates, until Completion of the investigation by the Department. YOU ARE FURTHER IER ORDERED to leave a copy of this warrant at the property at the time of initial entry. Executed this 31_ day of 'SAtJO-4 0 , 2023 at the hour of 11:. o am/1D. January 23, 2023 _ Ju , S nt ]osc Copy sent by certified mail Michael Morris, as Registered Agent for 1-1IC Investments, LLC 3158 East 950 South, Markelvillc, Indiana 46056 EL r ,�.• .fir. + � - r J r r try r `� = • �. „'; -'�... 3W Ir 7 '�• '• r+'r � 1� ' ;..; : � t � • - �� i � "'� fere i AQ -c on r �` ..i •tom A •T �'. t..r w1. 1. � h h �- t • i J � r�r . � ' '� 3l-" i *W.; JI .:. �•' Google _ — r 1i�. FAaP daW E1Z , 4[� Cate �2dt3 Gou{ye •.x: l is a TWffM IV" i Smil fr-.. i 2( R� -! Attachment C This is a list of the items found in the upstairs laboratory of Hurwich Iron Co. —South Bend Smelting building located at 1628 Circle Ave., South Bend, IN. The volumes of the container and amounts in the containers are approximations. Main Lab Area (photos 34-39) • 1 "Hydro Phosphoric Acid 50%" — 500 mL • 1 (unlabeled) clear liquid — 100 mL • 1 (unlabeled) red liquid — 100 mL • 1 "5 Cu Leaded Bronze" clear liquid —100 mL • 1 "1, Standard No. 1" yellow/orange liquid — 100 mL • 1 "Hydro Phosphoric Acid 50-52% aqueous solution CAS 6303-21-5" — 500 g • 1 "C, Zinc 10.5" yellow/orange liquid — 100 mL • 1 "F, Silicon .14" yellow/orange liquid —100 mL • 1 "G, Sn 82.2" yellow/orange liquid —100 mL • 1 "Bismuth 2.0, Selenium 1.0" green liquid — 100 mL • 1 "2, Standard No. 2 Iron .21, Copper, Nickel 1.05" green liquid —100 mL • 1 "Bismuth 1,000ug/m L" — 100 mL (-25 mL full) • 1 "Aluminum Atomic Absorbent" — 500 mL (-25-50 mL full) • 1 "Ammonium thiocyanate" — 500 g • 1 "AA test mix 3/4/97" clear liquid — 200 mL (-100 mL full) • 1 "3, Nickel .28" green liquid — 100 mL • 1 "D, Bismuth 1.0, Selenium .50" green liquid —100 mL • 1 "Gatorade" — 32 oz • 1 "3-21-94 thru 3-25-94" — 2 liters • 3 "Sodium Hydroxide" white solid • 1 "Sodium Pirate solution" yellow liquid — 500 mL • 1 "Sn 6.48, Al .45, B .126" green liquid — 100 mL • 1 "Selenium" clear liquid — 200 mL • 1 "4-18-91" green liquid, --10 liters • 1 (unlabeled) white solid — 2 gallons Far Side Lab (photo 40) • 1 "Ammonium thiocyanate" — 5 lbs. • 1 "Lead Metal" —1.1 lbs. • 1 ".10" — small bottle • 1 "Tin Metal" —1 Ib. • 1 "Ammonia" —small bottle • 2 (unlabeled) —small bottles • 1 "Metal Powder" —1 Ib. • 1 "Ultra -Speed Amate Tablets Cat No. 1310" — holds 1,000 tablets ("'50 tablets full) • 1 "Pb Lead" container • 1 "Watcon Silica Gel" • 1 (unlabeled) container of clear, gel -like beads Attachment C • 1 "Borax 5 mol" — nearly full • 1 (unlabeled) very heavy, blue container with red lid • 1 "Ultra -Speed Amate Tablets Cat No. 1310" — holds 1,000 tablets (-100 tablets full) • 1 (unlabeled) rusted, small container Attachment D Location Quantity Size Type of Container Notes Trailer 2 50 55 -gallon Steel Drum Hurwich 1628 5 55 -gallon Steel Drum 40-50' from door Hurwich 1628 4 5 -gallon Plastic Bucket Substance mixed with trash Hurwich 1628 8 1 -gallon Metal Can Plastic Magi -Lux Hurwich 1628 1 55 -gallon Plastic Drum Filled with used fluorescent Lamps Hurwich 1628 20 Varies Plastic Batteries Hurwich 1628 1 Unknown Vat Bright green liquid Hurwich 1628 2 5 -gallon Metal Southeast corner Hurwich 1628 3 20 -gallon Metal Maintenance Crib Hurwich 1628 2 5 -gallon Plastic Bucket Maintenance Crib Hurwich 1628 1 55 -gallon Plastic Drum Maintenance Crib Hurwich 1628 1 5 -gallon Metal Bucket Back room of maintenance Crib Hurwich 1628 2 5 -gallon Plastic Bucket Maintenance Crib Hurwich 1628 1 5 -gallon Metal Can Maintenance Crib Hurwich 1628 2 1 -gallon Metal Can Maintenance Crib Hurwich 1628 1 Unknown Metal Bucket Maintenance Crib (photo 33) Hurwich 1628 Several Varies Varies QC Lab (see attachment C) Hurwich 1610 7 55 -gallon Steel Drum East wall (photos 41 and 42) Hurwich 1610 1 55 -gallon Plastic Drum East wall (photos 41 and 42) Hurwich 1610 344 1 -gallon Metal Can Plastic Magi -Lux Hurwich 1610 48 1 -gallon Metal Cans in boxes Plastic Magi -Lux Hurwich 1610 3 55 -gallon Steel Drum East Wall (photo 48) Hurwich 1610 1 20 -gallon Steel Drum East Wall (photo 48) Hurwich 1610 52 1 -gallon Metal Can Plastic Magi -Lux Hurwich 1610 360 1 -gallon Metal Can Plastic Magi -Lux in drums (photos 49 and 50) Hurwich 1610 Several 1 -gallon Metal Can Northeast Corner Hurwich 1610 Several 1 -gallon Metal Can Northwest Corner Hurwich 1610 1 55 -gallon Plastic Drum Flammable Label on it (photo 55) Hurwich 1610 1 1 -gallon Metal Can Plastic Magi -Lux in middle storage area Hurwich 1610 1 500 gallon Metal Tank 5/8ths full on unknown liquid Hurwich 1610 1 Unknown Metal Tank Approx. 1000-1500 gallon tank, south end Hurwich 1610 1 5 -gallon Plastic Jug In middle storage area Hurwich 1610 4 4 ft. Fluorescent Lamps In office area Hurwich 1610 1 1 -gallon Metal Can In office area Hurwich 1610 1 Unknown Plastic "Liquid Fire" Trailer 6 1 5 -gallon Metal Bucket Flammable Label on it right by doors Trailer 6 4 55 -gallon Steel Drum Trailer 6 2 20 -gallon Metal Trailer 6 2 55 -gallon Plastic Drum Hurwich 1628 is the building owned by HIC Investments, LLC that is located at 1628 Circle Ave., South Bend, IN Hurwich 1610 is the building owned by HIC Investments, LLC that is located at 1610 Circle Ave., South Bend, IN SHS �Ae INWECTION INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT VERIFICATION/1"INDINGS 100 N. Senate Avenue Indianapolis, Indiana 46204-2251 Telephone; (800) 451-6027 or (317) 232-8603 Web Pate: hilij, www.-in,�UV/ialctil/ Oil I -an inspection of III was conducted by IIIc undcrsiuned represcntative of the Indiana Department of Environmental Manul;omcnt (I�EM), Office of Land Quality. Type of Inspection (pray include more than onc): ❑ Routine Compliance ISvatuation ❑ Follow Up Inspection ❑ Compliance Assistance Inspection ❑ Complaint ❑ Multi -M in4:f reort ng ? pluntiot Other: 1� t �I k --- Inspection Findings: These findings ru•c considered preliminary and identify specific compliance issues discovered during the abovo-noted inspection That the designated agent of IDEM believes may be a violation ora statute(s), rule(s) or permit(s) issued by IDEM. ❑ No violations were discovered with respect to the particular items observed during the inspection. ❑ Violations were discovered but corrected during the inspection. ❑ Violations were discovered and require a submittal from you and/or Follow-up inspection by IDEM. aV❑' Nations were discovered and may subject you to an appropriate enforcement response, dditional inrormallon/revlow is required to cvuluate overall coinpliance. ❑ Olher/Coninlents (attachment may be included): _ _ — - kkkkkkk kkkkkkkkkkfskkk*kk�likdkkatkkk�kkfF �r Ye Jekk f4kkJe aekkkkrk Je e4 tRk Jrkrtkk{r ik 4kkskkkkkkkkk*�:*�,kkhkkk*kkkk*kkkY tYkki4kY,4 th*+ye***kkk Confidential information In accordance with 329 IAC; 6.1 QiILR:lwww,iii,grey/[egislatx�/fai�rc;32so1-A-0o0 1.-PD—P) :t person submitting inloimstliUn to the department for which confidential treatment is requested shall make a written claim ofconfidenliality at the time ofsubtnittal ofthe information. A person may request confidential treatment of information at the time the information is acquired through the actions of the department, such as inspections. Tho written claim for confidential treatment may bo broad, but must be sufficiently clear to allow for accurate identification of the inf rmation claimed to be confidential. in accordance with 329 I.AC 6.1-4- I(d), supporting information must be submitted to the commissioner within five (5) working Clays rrom the time the information claimed as confidential is acquired by the department, A porson submitting a alalin of confidentiality shall designate and segrcgutc the information and the supporting information to which the claim applies in a manner that is sufficiently clear to allow the department to Identify all confidential claim materials. Confidential information may include (but is not limited to) written or printed material, maps, charts, photographs, or samples (sec definition of infartXent n at 329 iAC 6.1-2-8). The undersigned Owner/Representative has alleged information acquired during this inspection E] doesdoes not (chock one) contain confidential information. A check in the "does" box is not a written claim for con(idential treatnf infonnation acquired daring this inspection. Notice of Oral Report In accordance with IC 13-14-5 ran oral report of the inspection was provided to the undersigned Owner/Agent at the conclusion of the inspection, 1lie oral report includes any specific mntiers discovered during, the inspection that the 1 DEM representative believes may be a violation of la%Y orof it permit issued by the department. The report does not include matters not evident to the IDEM representative or any fact that indicates an intentional, it knowing, or a reckless violation. IDEM Representaiave: _Charles Brcitenfeldt - fainted Nunne — ---- - -- Sign —re — — - - (219) 781-5400 cltbt-eile idoin.IN,gov Photic Numhor t rnnil Own /Representative: ff � Y P iniad Name Sig nlairc ' Ole i Phone Nrnnbcr l:mrdl 1/3 Daie Time ttd Out Dat lDVM prefers to email your written report. ]'lease check this box if you prefer to receive a copy of the inspection report via U.S. mail: ❑ EMANUEL, DONNA From: Alex C. Bowman <abowman@kdlegal.com> Sent: Friday, March 03, 2023 2:18 PM To: EMANUEL, DONNA; 'MEspich@sjcindiana.com' Cc: 'envirohd@sjcindiana.com'; Breitenfeldt, Charles; Peterschmidt, Matthew R; Weingart, James; MASSOELS, RICK; McDaniel, Ken; GROVES, RYAN; Hack, Hannah; Matthew D. Neumann Subject: RE: Hurwich Iron Co. Attachments:—WRD3187.jpg **** This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email. **** Ms. Emanuel, Acknowledging receipt of your email and the attached referral letter. Thank you for the same. Also copying attorney Matt Neumann with our firm for any further correspondence. All the best, Alex Alex C. Bowman Senior Associate Krieg DeVault LLP 4101 Edison Lakes Parkway Suite 100 1 Mishawaka, IN 46545 Phone: 574-485-2001 1 Mobile: 574-220-0422 abowmanOkdleeat.com I www.kriecdevault.eom Legal Lean Sigma® White Belt (MKRIEGIDEVAULT.. Indiana I Illinois I Georgia I Florida CONFIDENTIALITY STATEMENT This e-mail message is for the sole use of the recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient(s), please contact the sender by reply e-mail and destroy all copies of the original message. From: EMANUEL, DONNA <DEMANUEL@idem.IN.gov> Sent: Friday, March 3, 2023 2:05 PM To: Alex C. Bowman <abowman@kdlegal.com>; 'MEspich@sjcindiana.com'<MEspich@sjcindiana.com> Cc:'envirohd@sjcindiana.com' <envirohd@sjcindiana.com>; Breitenfeldt, Charles <ChBreite@idem.IN.gov>; Peterschmidt, Matthew R <MPetersc@idem.IN.gov>; Weingart, James <JWEINGAR@idem.IN.gov>; MASSOELS, RICK <RMASSOEL@idem.IN.gov>; McDaniel, Ken <KMCDANIE@idem.IN.gov>; GROVES, RYAN <RGROVES@idem.IN.gov>; Hack, Hannah <HHack@idem.IN.gov> Subject: Hurwich Iron Co. Dear Mr. Bowman, Attached is the "Referral from State Clean-Up/Violation Letter" that Mr. Charles Breitenfeldt prepared for Hurwich Iron Co located at 1610 Circle Avenue, South Bend, St. Joseph County, Indiana, for your review. Once you have received this email would you please respond back to me (via e-mail) that you have received the document for our records. Thank you Donna Emanuel Administrative Assistant (317) 234-6923 • demanuel idem.IN.�ov _6 ia 1 U3, Li www.idem.IN.goy 5Carj tl'le QR Cfde to IeaVt-7 �?OLJ.r feedbz��., . We appreciate your input! Filed in Clerk's Office APR 2 4 ?_023 DAWN M. ,�ONIrS CITY CLERK, SOUTH BEND, IN IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT r We Protect Hoosiers and Our Environment. rlii. 6Y �tS' 100 N. Senate Avenue • Indianapolis, IN 46204 ! S t (800) 451-6027 • (317) 232-8603 • www.idem.IN.gov Eric J. Holcomb Brian C. Rackensuess Governor Commissioner Joseph Grube Circle Avenue Properties, LLC 1552 E. Lucas St. Rochester, IN 46975 Dear Mr. Grube: March 6, 2023 -------- Filed in Clerk's 041z' APR 2 4 7023 CIN C�E KN SOUTH BEND, IN Re: Comfort Letter Request Hurwich Iron Co. 1610 Circle Ave. South Bend, St. Joseph County BFD# 4230206 On February 23, 2023, the Indiana Brownfields Program (Program) received your request for a Comfort Letter for the above referenced site (Site). The Program will review the information submitted with the request, in addition to other information regarding the Site available to Program staff, to make a determination regarding your request. Program Counsel reviews all submitted Phase I ESA reports for compliance with the all -appropriate inquiry (AAI) rule prior to a Project Manager initiating review of a request. During the course of our review, additional information or documentation may be requested. Phase II environmental site assessment (ESA) reports and other technical reports/documents will be forwarded to the appropriate IDEM Science Services section for evaluation with a minimum 30 to 45 day turnaround. Please allow a minimum of 120 days from the Program's receipt of all requested information and documentation to receive your requested letter. Please note that if Program -requested information and/or documentation is not timely received, review and processing of the letter will not be initiated by the Project Manager assigned to the request. If the Project Manager does not receive the requested information within a reasonable timeframe, your letter request will be deemed inactive and drop out of the queue for issuance. You will receive a written notice affording you a two week grace period before the request status is made inactive. Once a letter request is deemed inactive, a new application to the Program will be required in order to get your project back in line for processing. An Equal Opportunity Employer 0 A state thaew=ks Recycled Paper Below are some additional important items potentially applicable to your request: If contaminant levels on your Site qualify as a release or spill under Indiana's Spill Rule (327 Indiana Administrative Code 2-6.1), the owner/operator of the Site is required to notify the appropriate IDEM program (e.g., the Indiana Emergency. Response Section or the Leaking Underground Storage Tank Section). The above -referenced Brownfields Program Site number is not a substitute for an incident number. • Recordation of an environmental restrictive covenant (ERC) on the deed for the Site may be required in conjunction with issuance of the letter in order to ensure no Site occupant exposure to contamination. Certain components of an ASTM E1527-13 Phase I Environmental Site Assessment (ESA) report cannot be older than 180 days if the report will be used to qualify as a BFPP. If more than 180 days has lapsed since the earliest date report information was collected or site reconnaissance was conducted, certain components of the Phase I ESA report must be updated r)rior to closing to satisfy requirements. The Program is pleased to assist with this request. Visit the Program's webpage at www.in.aov/ifa/brownfields for frequently asked questions and other valuable information. Should you have any questions or concerns, please contact the Project Manager assigned to the request, Jean Krueskamp, for further assistance. She can be reached directly at (317) 234-3605 or by e-mail at JKrueskamp@ifa.in.gov. Sincerely, .rte Andrea Robertson Habeck Technical Staff Coordinator Indiana Brownfields Program cc: Site File (electronic) Jean Krueskamp, Indiana Brownfields Program (electronic) Nivas R. Vijay, CHMM, Heartland Environmental Assoc., Inc. (electronic) Christopher J. Braun, Plews Shadley Racher & Braun, LLP (electronic) Filed in Clerk's Office APR 2 4 2023 CITY CLERK, SOUTH BEND, IN State Form 4336 DEPARTMENT OF ENVIRONMENTAL MANAGEMi gyrTinClerk' p INDIANAPOLIS ice OFFICE MEMORANDUM To: Jean Krueskamp Brownfields Program From: Kathy Painton YP 03/07/2023 Risk Assessor OLQ Risk Services Section APR 2 4 2023 Date: March 7, 2023 DAWN MM. JUNES CITY CLERK, SOU J H BEND, IN jv Thru: Jin Wang, Chief 03/08/2023 Risk Services Section OLQ Science Services Branch Zach Korst 3/7/2023 Senior Risk Assessor OLQ Science Services Branch Subject: Phase II Environmental Site Assessment, January 6, 2023 HIC Investments, LLC / Former Hurwich Iron Company, Inc. Property South Bend, IN, St. Joseph County Brownfields Site #4230206 1 Al #37149 VFC #83439453 As requested, I evaluated the above document. My comments follow. Site Uncl,-rstandina My understanding of this site is not significantly different than that described in Risk Services' memo of June 28, 2022 (VFC#83336818). The site is also in State Cleanup (Site #0000923). HIC Investments, LLC / Former Hurwich Iron Company, Inc. Property is currently vacant and located in a mixed commercial, industrial, and residentially developed area. The site is bounded on the north by an industrial property followed by W. Washington St. with an industrial property farther to the north, to the east by commercial properties followed with residential properties farther to the east, to the south by a railroad corridor followed by a mix of commercial and industrial properties with W. Western Ave. located farther to the south, and to the west by S. Grant St. followed by commercial properties. The site and surrounding area is serviced with municiriI water and is not located in a WHPA. The objective for the Phase 11 Environmental Site Assessment sampling and analysis investic:, on was to evaluate for the presencelabsence of chemical impacts to soil and/or (,ioundwater resulting from the historical industrial usage of the site as a foundry and bul." oil storage facility (including historical usage of ASTs and USTs and the historical generation of hazardous wastes on-site). This documew rejlects the opinions of technical staff based on information presented in the report under review whiressing the condition of the site, inchtding other relevant information available at the time of the invesrrr;ration. It is intended for use in agency decision making and does not contain final deterrnin(arinns regarding potential remedial actions. Information in subsequent tech memos may diverge f -om ivahwinatioz contained in this document based on changing site conditions or the discovery of additional relevant information Jean Krueskamp - HIC Investment, LLC / Former Hurwich Iron Co, Inc. - March 7, 2023 Page 2 of 4 Risk Evaluation Heartland E=nvironmental Associates, Inc. (Heartland) is using 2022 Risk-based Closure Guide (R2) Published Levels as remediation objectives. A complete evaluation of risk is premature pending characterization. Nevertheless, the following sections of this memorandum include discussion of those aspects of the risk evaluation for which there is supporting information. Risk Ev,ii i Cation: Soil Direct Contact Exposure Scenario Onsite, a total of 32 soil borings (B-1 through -32) were advanced to a maximum depth of 25 ft.-bgs and soil samples were collected in December 2022. From the soil laboratory results, VOC impacts were not encountered in any soil samples collected. Naphthalene concentrations of 34.6 mg/kg (13-20, 0-2 ft.-bgs) and 45.5 mg/kg (B-20, 10- 20 ft.-bgs) exceeded its RSPL of 30 mg/kg. Arsenic, cadmium, lead, and mercury concentrations exceeded their applicable publish levels in various soil samples (13-6, -15, -19 through -21, -23, and -27 through -32) from 0-2 ft.-bgs. The highest concentrations appear in the table below. Highest Contacninant Soil Boring(s) Concentration (µg/L) Arsenic Cadmium Lead Mercury -15, -19, -29, - 43.5 30,-31,-32 -15, -21, -23, - 85 29, -30, -31 -6, -20, -21, - 27, -28, -29, - 12,200 30,-31,-32 2022 R2 2022 R2 RSPL CSPL (mg/kg) (mg/kg) 10 30 10 100 -30 6.9 3 3 *Bold indicate the MWs with the highest VOC concentration 2022 R2 XSPL (mg/kg) 900 200 1000 3 For these reasons, a remedy is necessary for the soil direct contact exposure scenario. Risk Evaluation: Groundwater Exposure Scenario Following the collection of soil samples, grab groundwater samples were collected from each soil horing. Contaminant exceedances were found in groundwater samples from soil borings B-11 through -13, B-15 through -21, and B-24 through -32. The high contaminant concentrations appear in the table below. Contaminant Soil Boring(s) Highest Concentration 2022 R2 GWPL (µg/L) (mg/L) -11, -12, -13, -15, - PCE 16, -17, -24, -25, -26, 27.1 5 -27,-28 1,2,4- Trimeth benzene -17, -18, -19, -20 2120 60 1,3,5- -20 716 60 Trimeth°. (benzene Jean Krueskamp — HIC Investment, LLC / Former Hurwich Iron Co, Inc. — March 7, 2023 Page 3 of 4 2-Hexanone -19 354 I 40 Naphthalene -19, -20, -24, -25, - I 276 , 1 27,-28,-29 -16, -17, -18, -19, - 1 -Methylnaphthalene 20, -21, -24, -27, -28, 2650 10 -29, -30, -31, -32 2-Methy1naphthalene 1-18, -20, -21, -28 941 40 Acenaphthene �-18 572 500 Benzo(a)anthracene 18, -21 136 0.3 Benzo(a)pyrene x-21 72.7 ' 0.2 Benzo(h)fluoranthene 1-21 34.5 3 Fluorene-18 ' I-18 844 y 300 P rene 115 100 *Bold indicate the MWs with the highest VOc concentration Per Soil Daring Log B-20 (Appendix A), the fine sand (1-10 ft.) was dry but glistening from 2-5 Q with a strong odor. I defer to Geological Services for comment. For then; easons, a remedy is necessary for the groundwater direct contact exposure scenario. Risk Evaluation: Vapor Intrusion Exposure Scenario PCE exceeded its GWPL in groundwater samples from B-11 through -13, -15 through - 17, and -25 through -28. Per the Risk-based Closure Guide, section 2.3.6.1, soil gas screening ..i could occur at any facility where sampling data shows or has shown the presence t i cVOCs. Based on the groundwater laboratory results for PCE, cVOC vapor investigatk-.,n is necessary at the site. The consultant should provide the locations of utilities and depths. I defer to Geological Services to determine the cVOC source area. Soil borinq B-20 had a benzene concentration of 52.2 µg/L and this boring is appmxirrwitc ly 65 feet away from a building. Since boring logs indicate static water level as &ep (>15 feet bgs), no petroleum specific vapor investigation appears necessary at this time Based of i the groundwater laboratory results for PCE, vapor evaluation is necessary at the situ however, per the document, the site is vacant. The consultant stated that shoulk _iie site operations include the redevelopment and occupancy of the on-site buildii, �,r any purpose, an evaluation of VI should be conducted to confirm that an adver. ; exposure risk is not present for the on-site buildings. This is acceptable to Risk Services. Remedy! o .ssessment Surnmi ary Table of Remedy Recommendations Remedy Warranted :;ure Scenario On -Site I Off -Site Jean KrueSIMMp — HIC Investment, LLC / Former Hurwich Iron Co, Inc. — March 7, 2023 Page 4 of /I Soil Groundwater Vapor Remed , -:.,,Aions: Discussion Yes Yes Future VI evaluation is necessary before redevelopment and occupancy of on-site buildings. Cannot Determine Cannot Determine Cannot Determine The consuhLant concluded that remediation of the shallow impacted soils may be prudent as to mitigate any potential future related soil exposure risk. The consultant also concluded no immediate exposure risk to impacted groundwater is present; however, future site use restriction (restricting installation of potable water well sources on-site) should be considered to further mitigate potential exposure risks associated with impact( -d groundwater encountered on-site. Risk Services concurs with the consultant that remediation of the shallow impacted soils is necessary. I defer to Geological Services regarding plume delineation and stability. The cc i ., i I,. int stated that should future site operations include the redevelopment and occui:r- i the on-site buildings for any purpose, an evaluation of VI should be condw t�_:6 ) confirm that an adverse VI exposure risk is not present for the on-site buildings. phis is acceptable to Risk Services. Sumrw!: -! F Recommendations 1. , r_1 i iedy is necessary for the soil direct contact exposure scenario. 2. A rc medy is necessary for the groundwater direct contact exposure scenario. 3. l �er roil Boring Log B-20 (Appendix A), the fine sand (1-10 ft.) was dry but glistening from 2-5 ft. with a strong odor. I defer to Geological Services for romrnent. 4. Based on the groundwater laboratory results for PCE, vapor evaluation is pec: ssary at the site; however, per the document, the site is vacant. The conal !t_,nt stated that should future site operations include the redevelopment _Ind or::upancy of the on-site buildings for any purpose, an evaluation of VI 0 oul,_i be conducted to confirm that an adverse VI exposure risk is not present Wi Jie on-site buildings. This is acceptable to Risk Services. 5. _I h,... consultant should provide the locations of utilities and depths I defer to e: 'ogical Services regarding plume delineation and stability. 6. 1 u.. r to Chemistry Services to evaluate sampling methodology, laboratory and associated QA/QC. Refer _ (.1ted ---- --- Filed in Clerk's Office IDEM. Risk-based Closure Guide. cc: r,; rnrata Patel, Chemistry Services V`'i l f=oster, Geological Services APR 2 4 2023 DAwN�. NJONES CITY CLERK, SOUTH BEND, IN State Form 4336 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT INDIANAPOLIS 7Vy OFFICE MEMORANDUM To: Jean Krueskamp, Brownfields Section Ken McDaniel, State Cleanup Section From: Namrata Patel la 3-16-23 Chemistry Services Section Date: March 16, 20filed in Clerk's Office Thru: Steve Buc:,el f 3/16/23 APR 2 4 2023 DAWN o. JON: -c CITY CLERK, SOUTH BEND, IN Subject: Phase II Environmental Site Assessment (ESA), dated January 6, 2023 Former Hurwich Iron Company, Inc./ HIC Investments, LLC Property South Bend, IN, Saint Joseph County Brownfield Site # 4230206, State Cleanup Site # 0000923, Al # 37149 VFC Document #'s 83439453 and 83439675 (two VFC number, but same document) The Phase II ESA Reports, prepared by Heartland Environmental Associates, Inc. (HEA) and received by Chemistry Services on February 27-28, 2023, have been evaluated as requested. Document Summary Currently, site is inactive and on-site buildings are utilized as storage and warehouse. Historical industrial usage of the site was a foundry and bulk oil storage facility, with above and underground storage tanks, as well as generation of hazardous wastes on- site grounds. In December 2022, HEA advanced 32 soil borings (B-1 to B-32) to depth of 25' bgs. Two soil samples (initial encountered subsurface interval and interval with highest PID reading) from each of these soil borings at depths ranging from 0-20' bgs were collected and analyzed for VOCs using EPA Method 8260, PAHs using EPA Method 8270 SIM, and RCRA Metals (for soil samples at depths of 0-2' bgs only) using EPA Method 6010/7471. Soil samples for VOCs were collected in accordance with EPA Method 5035A. In December 2022, grab groundwater samples from these soil borings were also collected and analyzed for VOCs, PAHs, and Dissolved RCRA Metals using EPA Method 6010/7470. This document reflects the opinions of technical staff based on information presented In the report under review addressing the condition of the site, including other relevant information available at the time of the investigation. It is intended for use in agency decision making and does not contain final determinations regarding potential remedial actions. Information in subsequent tech memos may diverge from information contained in this document based on changing site conditions or the discovery of additional relevant information. Jean Krueskamp & Ken McDaniel — Hurwich Iron - March 16, 2023 Page 2 of 3 Comments 1. The release related chemicals (RRC, except for Metals) and their sampling and analyses methodologies in soil and groundwater are acceptable. Soil and grab groundwater samples were only analyzed for RCRA Metals. As suggested in previous Chemistry memos, samples for all Metals should have been collected and analyzed. Also, as indicated in Chemistry's recent Email Response, dated March 9, 2023, concentrations of Aroclor in couple of samples remains above the R2 RSPL; however, samples for PCBs were not collected nor sampled during Phase II ESA. The elevated levels of Aroclor 1254 found soil boring HI -132 (3.4 ppm) and HI -B13 (8.3 ppm) should also be addressed during future investigations. 2. Grab groundwater sampling methodology was not discussed in Section 2.2; however, according to soil boring logs provided in Appendix A, grab groundwater samples from soil borings B-1 to B-32 were collected using peristaltic pump connected with new tubing at each boring, which is acceptable. Grab groundwater samples for Dissolved RCRA Metals (unpreserved) were filtered by the laboratory and are acceptable. In future, HEA should also discuss sampling methodology within the text of the document. 3. Elevated levels of one or more compounds and/or Metals were detected in groundwater, which required samples to be analyzed using dilution factors with elevated reporting limits above their respective R2 GWPLs, which is acceptable. 4. The soil and groundwater sample results reported on Tables 1-6 for VOCs, PAHs, and RCRA Metals and discussed in the comments below are compared with 2022 R2 PLs and are acceptable; however, since the date of this report (January 2023), the 2022 R2 PLs have been updated and therefore, during future investigations, HEA should use the current R2 PLs (which for some RRC detected above their R2 PLs) have been updated. The 2023 R2 PLs are available at: htti)s://www.in.gov/idem/resources/nonrule-policies/effective-nonrule-policies/ and 2022 Table 1.xlsx (in.aov) 5. The soil sample results indicated concentrations of Naphthalene in B-20 @ 0-12'bgs and one or more of Arsenic, Cadmium, Lead, and Mercury in several samples listed on Table 3 remain above their respective R2 RSPLs and/or R2 CSPLs. Of these, the concentrations of Lead in samples B-6, B-21, and B-29 to B-32 @ depths of 0-2'; and Mercury in B-30 @ 0-2' remain above the R2 XSPLs of 1,000 ppm and 3 ppm, respectively. The highest level of Lead was detected in B-21 @ 12,200 ppm; Mercury (6.9 ppm) in B-30 @ 0-2'; and Naphthalene (45.5 ppm) in B-20 @ 10-12'; All other VOCs, PAHs, and RCRA Metals (in surface soils only) were either below their respective R2 PLs and/or non -detect in the collected soil samples. The soil sample results are summarized on Tables 1-3. 6. The groundwater sample results indicated concentrations of one or more Benzene, 2-Hexanone, TMBs, Naphthalene's, PCE, VC, Acenaphthene, Benzo (a) Anthracene, Benzo (a) Pyrene [BAP], Benzo (b) Fluoranthene, Fluorene, and Pyrene in several samples listed on Tables 4-5 remain above their respective R2 GWPLs. The highest levels of Benzene (52.2 ppb), 1,2,4-TMB (2,120 ppb), 1,3,5- Jean Krueskamp & Ken McDaniel — Hurwich Iron - March 16, 2023 Page 3 of 3 TMB (716 ppb), and Naphthalene (276 ppb) were detected in B-20; 2-Hexanone (354 ppb) and VC (8 ppb) in B-19; PCE (27.1 ppb) in B-25; Acenaphthene (572 ppb), Fluorene (844 ppb), and 1 -Methylnaphthalene (2,650 ppb) in B-18; Benzo (a) Anthracene (136 ppb), BAP (72.7 ppb), Benzo (b) Fluoranthene (34.5 ppb), 2 - Methylnaphthalene (941 ppb), and Pyrene (327 ppb) in B-21. All other VOCs, PAHs, and Dissolved RCRA Metals were either below their respective R2 GWPLs and/or non -detect in the collected samples. The grab groundwater sample results are summarized on Tables 4-6. 7. Based on the soil and groundwater sample results, additional delineations appear necessary and permanent monitoring wells should be installed. HEA agrees on additional delineations. Geological should be consulted further on delineation and installation of permanent monitoring wells. During future investigations, samples for all metals (total and dissolved for groundwater), PCBs, VOCs, and PAHs should be collected and analyzed. Chemistry also concurs with HEA that remediation of shallow soil contamination of Metals (Arsenic, Lead, Cadmium, and Mercury) are warranted. 8. HEA recommends, removal of historical on-site ASTs prior to redevelopment of the site and considering vapor intrusion investigation, if in future the site is redeveloped or occupied. The proposal seems appropriate; however, Risk Services should be consulted further on exposure pathway(s) and potential risk to human health and the environment. 9. The Level II documentation (MDDRs) provided by the laboratory were adequate in supporting the sample results and the data are usable for subsurface investigation. a. Four soil field duplicates from B-12 @ 0-2' (FD1, collected on 12-6-22), B-9 @ 0- 2' (FD2, collected on 12-7-22), B-25 @ 0-2' (FD -3, collected on 12-9-22), and B- 30 @ 0-2' (FD4, collected on 12-12-22) were analyzed for VOCs, PAHs, and RCRA Metals. The field duplicate sample results compared well for all analytes except for Arsenic in B-25, and Arsenic, Barium, Cadmium, Chromium, Lead, Mercury, Selenium, and Silver in B-30. Therefore, the results for these metals in associated samples (B-17, B-18, B-22, B-23, and B-30 to B-32, collected on December 12, 2022) are estimated due to high variability. b. Trip blanks were not submitted with collected groundwater samples for VOCs and therefore, occurrence of cross -contamination during handling and transportation of samples cannot be determined and the results for VOCs are estimated. In future, trip blank samples should be accompanied/ submitted with groundwater samples for VOCs. c. During the analyses of soil and groundwater samples, minor QA/QC issues were identified for PAHs and RCRA Metals; however, overall usability of the data are not affected by the minor QA/QC issues. cc: Will Foster, Geological Services Kathy Painton, Risk Services Filed in Clerk's Office APR 2 4 2023 DAWN M. J NQ E CITU CLERK, SOUTH BEND, IN 31S SD Filed AA LNC MH Transfer64836 Taxing Unit South Bend Date 03/02/2023 2023-04432 RECORDED AS PRESENTED ON 03/02/2023 11:20 AM MARY BETH WISNIEWSKI ST.30SEPH COUNTY RECORDER PGS: 10 FEES: 25.00 GENERAL WARRANTY DEET) 018-2001-000901 018-2001-000902 018-2001-0012 018-2001-0009 018-2001-001302 018-2001-000903 # /!57 018-2001-001301 018 2(fi72'�d0i'�6 office 0181-2002=001702 APR 2 4 2023 THIS INDENTURE WITNESSETH that HIC INVESTMENTS, L -C, al— S liability company. ("Grantor"). CONVEYS and WARRANTS to 91'�r� E3END, IN PROPERTIES LLC, an Indiana limited liability company ("Grantee"). for IT gum al" I`en uotiars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the real estate, including any improvements thereon, situated in St. Joseph County. State of Indiana, more particularly described in Exhibit A attached hereto and made a Dart hereof (the "Real Property"). This conveyance is subject to: (i) all easements, highways. rights-of-way, covenants, conditions, restrictions and other matters of record: (ii) all current, non -delinquent real estate taxes and assessments; and (iii) all matters that are disclosed by the boundary survey dated .fanuary 23, 2023, by R.L. Harmer L.S. of Danch. Harner & Associates, Inc., Registered Land Surveyor Indian, No. 910032, Survey File No. 220277. Grantor herein and its successors shall warrant and defend title to the Real Property to Grantee, its successors and assigns, against the lawful claims and demands of all persons regarding same. The undersigned represents and certifies that he is duly authorized and fully empowered, to execute and deliver this deed; that Grantor has full capacity to convey the Real Property described herein; and that all necessary action for the making of such conveyance has been taken and done. IN W TNESS WHEREOF, Grantor has caused this General Warranty Deed to be executed on this A day of February, 2023). DULY ENTERED FOR TAXATION ST. JOSEPH CO. INDIANA SUBJECT TO FINAL ACCEPTANCE FOR TRANSFER GRANTOR: HIC. INVESTMENTS-, LLC By: �r Michael P. Morris, Member 2023-04432 STATE OF INDIANA ) COUNTY OFh h 1 ) SS: Before me, a Notary Public in and for the State of Indiana, personally appeared Michael 11. Morris, Member of MIC Investments, t,I.,C, who acknowledged the execution of the foregoing General Warranty Deed, and who having been duly Sworn stated that the representations therein are trete. Witness my hand and Notarial Seal this 44 d• of February, 2023, LYNN SAII�Yp 01* Notary Public, st tsa$i��na Notary ' lie --Signature =a �x Marshall County SEAL: Number 886887 *Z Commission My Commission Expires Apr] 108,2025 pqnpmp� Notary Public — Printed I am a resident of Al2td OIJ County, Indiana - My commission expires: My commission number: . r. .. r r a. r a r a a r 1 a a 11 a a a a a a a a a a a a a f . a a■ a r r r. a. a a s a e a r.■ r a. ... a r. a a. r. r, Grantee's address (send tax statements to): Circle Avenue Properties LLC 1552 East Lucas Street Rochester, Indiana 46975 Tax Parcel Identification Numbers: 71-08-10-236-001.000-026, 71-08-10236-002.000-026, 71- 08-10-236-003.000-026, 71-08-10-236-006.000-026, 71-08-10-236-007.000-026, 71-08-10-236- 010.000-026, 71-08-10-236-011.000-026, 71-08-10-236-013.000-026, 71-08-10-277-001.000- 026 and 71-08-10-277-003.000-026 This instrument was prepared by: Alexandra Sylvia, Esq., Plews Shadley Racher & Braun Li_P, 1346 N. Delaware Street, Indianapolis, IN 46202. 1 affirm, Linder penalties of perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. 4V Alexc mb-ci S. SvIvicl Filed in Clerk's Office Filec i Clerk's Office r - APR 2 4 2023 DAWN M. JONES �R 2 4 2023_ CITY CLERK, SOUTH BEND, IN /VNV JONES CIT) = ,3K, SOUTH BEND, IN 2 2023-04432 Filed in Clerk's Office APR 2 4 2023 DAWN M JONES CITY CLERK, SOUTH BEND, ! • fief s Application for a Determination of Petroleum Site Eligibility Required for U.S. EPA Brownfield Grants When requesting a petroleum eligibility determination from the Indiana Department of Environmental Management (IDEM) for sites utilizing U.S. EPA funds, please provide written responses to the items listed below. If you are unable to provide the information related to any of the items, then please state why that information is unavailable. Requests and/or questions should be emailed to Andrea Robertson, Indiana Brownfields Program Technical Staff Coordinator, at aroberts ..ifa.IN.cov and to Michele Oertel, Indiana Brownfields Program Federal Funding & Community Relations Coordinator, at moertel cD..ifa.IN.aov . Subsequent to its review of a request, the IDEM will provide a written response determining eligibility for use of federal grant funds on the site. Further information regarding petroleum eligibility determinations may be found in the U.S. EPA's Brownfields Assessment Multipurpose Assessment, Revolving Loan Fund and Cleanup Grant Guidelines. The respective guidelines for the three types of U.S. EPA grants are available on the web at: httos://www.eDa.aov/brownfields/tvpes-brownfields-grant-fundinq. Date November 4, 2021 Applicant Leah Thill Organization/Affiliation Michiana Area Council of Governments 227 West Jefferson Boulevard Street Address 11th Floor County -City Building City, Zip, County South Bend, St. Joseph County, Indiana 46601 Phone (574) 287-1829 ext. 801 Email Ithille-macoa.com Site Name(s) Former Oil Express Inc. Site Address 1510-1520 W Washington St City, Zip, County South Bend, IN 46628 2.64 acres — Three (3) parcels total East - 71-08-11-153-001.000-026 (1.23 acres) Site Acreage Middle - 71-08-10-276-003.000-026 (0.9 acres) West - 71-08-10-276-002.000-026 (0.51 acres) Assessment or Cleanup Activities Phase I ESA, Phase II ESA, cleanup & reuse planning Operational History According to a 2004 Phase I, a bulk fuel tank and distribution operation was located on the western parcel which was found to have impacted the property, based on the UST Closure in 2000, use as a trucking depo began under Keeshin Motor Express in the 1940s and ended when Oil Express ceased operations around 2000. The site also hosted coal yards, lumber yards, and auto salvage yard (eastern parcel), and a pickle vat manufacturer from the early 1920s.The remaining buildings were demolished by the city in 2005-2006. Current Use Not in use, currently vacant land, no buildings A No Further Action Letter (2004) indicates that activities should be restricted on site due to remaining contamination from LUST #200101507. With only TPH data from 2000, given the change in closure guidance Environmental Concerns additional sampling and cleanup planning (i.e. soil management plan) is likely needed for reuse, possibly residential reuse. Further, a 2004 Phase I notes the risk of lead contamination in soil from an adjacent smelting operation, but there is no evidence that broad soil samplinq has taken place on site. The following information must be provided in order for the IDEM to make a petroleum eligibility determination: Current Owner(s) Name(s) Dates of Ownership Types of Operation/Use Type of Acquisition Did owner dispense, dispose or exacerbate petroleum or petroleum products? Immediate Past Owner(s) Name(s) Dates of Ownership Types of Operation/Use Type of Acquisition City of South Bend Redevelopment Commission All Three Parcels: 09/14/2004 — Present Vacant, Not In Use Deed (Private Purchase) No Oil Express Inc. 04/13/1978 — 09/14/2004 Bulk Oil Storage and Distribution Unknown Yes, several USTs were operated by Oil Express Did owner dispense, dispose or exacerbate Inc: 10,000 gal diesel tank, 1,000 gal gasoline petroleum or petroleum products? tank, 6,000 gal waste oil tank. Contamination was identified when the tanks were removed. Previous Assessments List Assessment Reports with completion dates: Phase I Report dated November 2004, on behalf of the City of South Bend (Nov 10 is earliest date found in the report). Phase I Report dated March 21, 2003, on behalf of Oil Express Inc. There was no evidence of additional sampling after the UST removal in 2000 or as part of the demolition in 2005 — 2006. Areas of Concern 1. Explain how site became contaminated USTs operated by Oil Express Inc. contaminated soil on site with waste oil, diesel, and gasoline during bulk oil distribution operations in the 1980s — 2000. 2. Nature and extent of contamination if known The extent of petroleum impacts is thought to be limited, based on the No Further Action Letter and Phase I dated 2004, based on the contamination levels found in 2000 and subsequent monitoring. The nature and extent of heavy metal contamination in soil from adjacent smelting operations is unknown. No Responsible Party for Site Identify whether current or past owners dispensed, disposed or exacerbated petroleum or petroleum product contamination; for how long; and if they took reasonable steps regarding the contamination. Yes, the previous owner Oil Express Inc. dispensed and disposed of petroleum products and would be the responsible party for contamination found when USTs were removed. However, since the incident was reported and a No Further Action Letter was obtained, they may have taken reasonable steps regarding the contamination. Although IDEM issued a No Further Action Letter at the time, additional sampling and potentially cleanup is needed for reuse of the site to proceed. Judgments, Orders, or Third Party Suits Has a responsible party been identified through any of the following? (circle one) 1. Judgment rendered (Yes or 10 2. Enforcement action pending es or No 3. Citizen suit or third party claim filed { es or VQ Subject to Resource Conservation and Recovery Act (RCRA) Subject to an order under Section 9003(h) of the Solid Waste Disposal Act (RCRA Corrective Action) (Yes No NA) Financial Viability of Responsible Parties For current or past owners identified as responsible parties (provide information regarding the financial capability to satisfy their obligations to assess, investigate or cleanup the site) (YesQNA) The Indiana Business Search results show that Oil Express Inc., with an address at 1520 W Washington St in South Bend, was administratively dissolved on June 20, 2008. The President was listed as Robert J McGregor of Niles, MI and the Secretary as Larry L. Jenks of South Bend. No business reports were filed after 2004. According to a Palmer Funeral Homes obituary, Mr. Larry L. Jenks died June 23, 2013 at age 76. The obituary specifically mentioned that Mr. Jenks was "owner/operator of Oil Express Inc. for 25 years. " Robert McGregor died aged 87, according to a Brown Funeral Home obituary from 2017. Mr. McGregor's obituary specifically mentioned that he was "most recently retired as the owner of Oil Express Trucking." aD E t Filed in Clerk's Office RPR 2 4 2023 DAWN! M. JONES J CITY CLERK, SOUTH BEND, IN