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a <br /> Return this form to: <br /> I`,.,• Indiana Brownfields Program INDIANA BROWNFIELDS PROGRAM <br /> \''° Comfort/Site Status Letter Request 100 N. Senate Avenue,Room 1275 <br /> State Form 51493(R2/6-07) Indianapolis, IN 46204 <br /> Indiana Finance Authority For questions:317-234-1279 <br /> Submit form electronically to:browwif-ieldsOlifa.in.eor <br /> FAX:317-234-1338 <br /> Pursuant to the Indiana Department of Environmental Management(IDEM)Nonrule Policy Document W-0051,"Brownfields Program Comfort <br /> and Site Status Letters Policy"(April 18,2003),the Indiana Brownfields Program may issue a Comfort or Site Status Letter to stakeholders at <br /> brownfields sites that satisfy the eligibility criteria and conditions of the policy. <br /> Brownfield Site Definition <br /> A brownfield site is defined as a parcel of real estate that is abandoned or inactive;or may not be operated at its appropriate <br /> use; and on which expansion or redevelopment is complicated because of the presence or potential presence of a <br /> hazardous substance,a contaminant, petroleum,or a petroleum product that poses a risk to human health and the <br /> environment. IC 13-11-2-19.3 <br /> Comfort Letter <br /> A Comfort Letter is issued to a party that qualifies for an applicable exemption to liability found in Indiana law or IDEM policy, <br /> but is not a legal release from liability. The Comfort Letter explains the applicable liability exemption or IDEM's exercise of <br /> enforcement discretion under an applicable IDEM policy. Potentially applicable liability exemptions or IDEM policies include: <br /> ✓ the Stakeholder is a government entity exempt from liability under IC 13-25-4-8(e), IC 13-11-2-150(c), or IC 13- <br /> 11-2-151(b); <br /> ✓ the Stakeholder is a creditor, lender,or fiduciary exempt from liability under IC 13-23-13-14, IC 13-24-1-10, or IC <br /> 13-25-4-8(c); <br /> ✓ the Stakeholder is not the statutory owner of an underground storage tank pursuant to IC 13-11-2-150(a) <br /> because the tanks were not used after November 8, 1984 and the Stakeholder was not the person who owned <br /> the tank immediately before the discontinuation of the tank's use; <br /> ✓ the Stakeholder is exempt from liability or eligible for a defense to liability as a bona fide prospective purchaser, <br /> contiguous property owner or innocent landowner pursuant to IC 13-25-4-8(b); and <br /> ✓ the Stakeholder satisfies the conditions of IDEM Nonrule Policy Document W-0047,"Property Containing <br /> Contaminated Aquifers"(20 IR 1674, January 30, 1997), or IDEM Nonrule Policy Document W-0038"Property <br /> Containing Contaminated Aquifers/Underground Storage Tanks"(23 IR 2141,April 20,2000). <br /> Site Status Letter <br /> A Site Status Letter is issued to a party that did not cause or contribute to or knowingly exacerbate the contamination and <br /> can demonstrate that current levels of contaminants of concern at the brownfield substantially meet current cleanup criteria <br /> as established by IDEM under the Risk Integrated System of Closure. The potential liability of the party requesting the letter <br /> is not addressed. The Site Status Letter states that based on a technical analysis of information submitted to IDEM <br /> pertaining to site conditions, IDEM concludes that current site conditions do not present a threat to human health or the <br /> environment and that IDEM does not plan to take or require a response action at the brownfield site. <br /> INSTRUCTIONS: Please complete this form(type or print legibly)and return it to the Indiana Brownfields Program to begin the process of <br /> assessing eligibility to receive a letter. Each request will be reviewed by the Indiana Brownfields Program and IDEM staff. <br /> Determinations of eligibility are made based on facts and data provided with the request. A decision on whether or not to <br /> issue a Comfort or Site Status Letter will be made approximately 60 days from receipt of the request. The complexity of <br /> technical issues pertaining to site conditions may increase staff review time. Please attach any additional documentation <br /> required if space on the form does not allow for a complete response. <br /> Contact Information <br /> Letter Recipient Organization/Community <br /> Address:(number and street,city,stale and ZIP code) <br /> Telephone Number Cell Number Fax Number Email Address <br />