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 9 of 12 (2) no federal grant requires an enforcement action at the Site; (3) no condition on the Site constitutes an imminent and substantial threat to humaIn � ieaItI i or ti ie ei �vir onmeInt; (4) neither the Owner nor an agent or employee of the Owner caused, contributed to, or knowingly exacerbated the release or threat of release of any hazardous substance or petroleum at the Site; and, (5) the Owner is eligible for an applicable exemption to liability, specifically IC 13-254-8(e)(3) and IC 13-11-2-151(b)(3). As discussed below, the Owner has demonstrated to IDEM's satisfaction that it is eligible for the State political subdivision exemption from liability for hazardous substance and petroleum contamination. Therefore, under the Comfort and Site Status Policy, IDEM will utilize its enforcement discretion to not hold the Owner responsible to investigate and remediate the soil and/or groundwater contamination detected on the Site. However, pursuant to the Comfort and Site Status Letter Policy and as a condition of IDEM's exercise of enforcement discretion, the Owner must take due care with respect to the contamination discovered on the Site. In this case, IDEM is requiring the implementation of land use restrictions through recordation of an environmental restrictive covenant (ERC) on the deed for the Site to ensure no exposure by occupants to the contamination above R2 published levels in on -Site soil and/or groundwater. F�ec�rnmendatl©ns Previous investigations have confirmed ACM and LBP are present within the Site buildings. Readily observable suspect ACMs are present in refuse and debris materials including, but not limited to, resilient vinyl flooring materials and associated mastics, transite wallboard materials, sheetrock walls, plaster, roofing materials and thermal system insulation (TSI) materials. Also, LPB could potentially be amongst the staged refuse and demolition debris observed on the Site grounds. A screen of demolition debris and stockpiled wastes on -Site should also be conducted to identify and determine the nature and extent of any ACM and/or LBP which may be present in debris piles which may pose an exposure risk and/or require special handling and disposal. Any ACM and LBP encountered during any renovations or demolition of the existing buildings on the Site should be managed, abated, and disposed of in accordance with all applicable Occupational Health and Safety Administration standards including engineering controls, proper work practices and worker exposure monitoring and applicable Federal, State, and local laws and regulations. Due Care As of the date of issuance of this Comfort Letter, no soil gas samples have been collected to evaluate the vapor intrusion pathway for potential contamination from historical on -Site operations. Therefore, at this time, IDEM has insufficient information to provide a comprehensive technical opinion regarding due care steps for the Site. Additional Phase 11 investigation results would enable the Owner to make an informed