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Ms. Ann Kolata <br />January 11, 2010 <br />S131054.400.0002 <br />Page 2 <br />ESA with the intent of assembling the Site with adjacent parcels for a larger redevelopment <br />effort. As the current owner, the Redevelopment Commission has unfettered access to the Site. <br />I have reviewed a copy of the Phase I Environmental Site Assessment (ESA) to confirm that the <br />following criteria have been evaluated and are met: <br />1. the Site is not listed (or proposed for listing) on the National Priorities List (NPL); <br />2. the' Site is not subject to unilateral administrative orders, court orders, <br />administrative orders on consent, or judicial consent decrees issued to or entered <br />into by parties under CERCLA; <br />3. the Site is not subject to the jurisdiction, 'custody, or control of the United States <br />government; <br />4. the Site is not subject to planned or ongoing CERCLA removal actions; <br />5. the Site is not subject to unilateral administrative orders, court orders, <br />administrative orders on consent or judicial consent decrees or to which a permit <br />has been issued by the United States or an authorized state under the Solid <br />Waste Disposal Act (as amended by the Resource Conservation ' and Recovery <br />Act (RCRA)), the Federal Water Pollution Control Act (FWPCA), the Toxic <br />Substances Control Act (TSCA), or the Safe Drinking Water Act (SDWA); <br />6. the Site is not subject to corrective action orders under RCRA (sections 3004(u) <br />or 3008(h)) and to which a corrective action permit or order has been issued or <br />modified to require the implementation of corrective measures. <br />7. there are no land disposal units on the Site that have filed a closure notification <br />under subtitle C of RCRA and to which closure requirements have been specified <br />in a closure plan or permit; and <br />8. there are no known releases of polychlorinated biphenyls (PCBs) such that they <br />are subject to remediation under the Toxic Substances Control Act (TSCA). <br />Mr. L. Kyle Hendrix of the Indiana Department of Environmental Management (IDEM), during <br />communications with W. Lance Turley of Hull on January 5, 2010, indicated that IDEM's initial <br />inquiries support a conclusion that the Site is not subject to regulatory requirements described <br />above. Please contact me if you have any questions about our findings from review of the <br />cleanup grant application or the Phase I ESA. <br />Sincerely, <br />Gary A. Gilot <br />Director of Public Works <br />City of South Bend <br />