Environmental Restrictive Covenant - Drewry’s Brewery at 1408 Elwood

Home Browse Search

OmniPlex, South Bend — Political Subdivision Comfort Letter BFD #4000022 June 29, 2023 Page 10 of 12 determination of the due care steps necessary to prevent any exposure to hazardous and/or petroleum substances that may be contaminating the Site. If requested by the Owi er, the Prog~ram will review a Phase 11 investigation report if one is completed and, as a follow-up to this letter, provide a technical opinion regarding any additional recommended due care measures for the Site. As of the date of issuance of this Comfort Letter, IDEM believes the following are appropriate due care measures for the Owner to undertake with respect to the hazardous substances and/or petroleum contamination found at the Site in order to satisfy the eligibility requirements for issuance of this letter under the Comfort and Site Status Letter Policy: • Implement and maintain the land use restrictions required by this letter. • Remove all known UST(s) and/or UST(s) encountered during Site redevelopment in accordance with all State, Federal, and local laws and regulations and provide documentation of their removal to the Program. • Prior to redevelopment of the Site, evaluate and determine, with IDEM concurrence, the presence or absence of vapor intrusion in any newly. constructed residential and/or commercial building(s) on -Site, and, depending on the results, mitigate any identified contaminant exposures. This evaluation and assessment should include investigation of all preferential pathways including underground conduits and utilities. • Remove and properly dispose of benzo(a)pyrene-contaminated soil exceeding its R2 XSPL in the "Affected Area" surrounding boring B-5 identified via GPS coordinates and depicted on Exhibit "F" of the enclosed environmental restrictive covenant (ERC) and collect confirmation samples to determine the extent of the completed removal or implement the land use restriction outlined in the ERC. • Upon becoming aware of such information, communicate to IDEM any newly - obtained information about existing hazardous substance and/or petroleum contamination or any information about new (or previously unidentified) contamination. Please be advised that any work performed at the subject property must be done in accordance with all applicable environmental laws in order to ensure no inadvertent exacerbation of existing contamination found on the Site which could give rise to liability. Institutional Control Since levels of contaminants detected in soil and/or in groundwater on -Site were above applicable R2 residential published levels, IDEM is requiring an ERC to be recorded on the deed for the Site to ensure no exposure to on -Site contamination. As a