Environmental Restrictive Covenant - Drewry’s Brewery at 1408 Elwood

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OmniPlex, South Bend — Political Subdivision Comfort Letter BFD #4000022 June 29, 2023 Page 8 of 12 Although available data indicates various PANS, naphthalene, 1- methylnaphthalene, 2-methylnaphthalene and PCB-1260 were detected in groundwater above Mn published levels, groundwater contamination appears to be limited to certain locations in the northeastern, northwestern, and southern portions of the Site. In addition, TCE was detected in groundwater on the northeastern portion of the Site near the former truck garage for the brewery. The extent of cVOC contamination in this area is unknown since the detections were near a historical UST field. To ensure no exposure to contaminated groundwater on -Site, groundwater use will be restricted via a land use restriction. Historical on -Site operation of numerous truck and/or automobile repair garages likely handled, utilized and stored a variety of hazardous wastes and petroleum products, including motor oils, used oil, and chemical solvents. To date, no soil gas sampling has been conducted to confirm if cVOCs concentrations are present in soil gas on -Site from these historical operations. While buildings remain on -Site, they are in a state of disrepair which makes evaluating the buildings for vapor intrusion at this time inadvisable since it would not be indicative of true exposure conditions due to the well. conditions. Prior to any redevelopment of the Site, a vapor intrusion evaluation should be conducted on -Site to confirm the presence or absence of vapor contamination that may underlie the Site as a result of historical on -Site operations. Field observations made during the subsurface investigation indicate that several USTs may remain on -Site. All known USTs and any additional US Is that are encountered during Site redevelopment should be removed from the Site and documentation of the removal should be submitted to the Program. Historical industrial and commercial operations on the Site may have caused per - and polyfluoroalkyl substances (PEAS) contamination. On June 15, 2022, U.S. EPA announced Interim Drinking Water Health Advisory Levels (HALs) for perfluorooctanoic acid (PFOA) perfluorooctane sulfonic acid (PFOS), and perfluorobutane sulfonic acid and its potassium salt (PFBS) of 0.004 parts per trillion (ppt), 0.02 ppt, and 2,000 ppt, respectively. The U.S. EPA also announced an HAL for hexafluoropropylene oxide (HFPO) dimer acid and its ammonium salt ("GenX" chemicals) of 10 ppt. PFAS are not currently classified as hazardous substances under CERCLA and there are only R2 published levels for some PFAS compounds. No sampling of soil or groundwater for PFAS has occurred on the Site. As emerging contaminants of concern, it is possible on - Site sampling for PFAS may be required in the future. Liability Clarification IDEM's "Brownfields Program Comfort and Site Status Letters" Non -rule Policy Document, W-0051 (April 18, 2003) (Comfort and Site Status Letter Policy), provides that IDEM may issue a letter to a stakeholder involved in redevelopment of a brownfield if the stakeholder satisfies certain eligibility criteria outlined below. IDEM concludes, based in part on information provided by the Owner, that: (1) no state or federal enforcement action at the Site is pending;