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Indiana’s Brownfields Program

Indiana’s Brownfields Program. Indy Brownfields Forum April 14, 2005 Andrea Robertson Indiana Department of Environmental Management. How can the IDEMs’ Brownfields Program Help Address Brownfields?. Financial assistance Enabling Legislation Grant and Low-Interest Loan Programs

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Indiana’s Brownfields Program

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  1. Indiana’s Brownfields Program Indy Brownfields Forum April 14, 2005 Andrea Robertson Indiana Department of Environmental Management

  2. How can the IDEMs’ Brownfields Program Help Address Brownfields? Financial assistance Enabling Legislation Grant and Low-Interest Loan Programs Technical assistance Technical Oversight for Grants and Loans Brownfield Environmental Assessments Comfort, Site Status, No Further Action Letters Community assistance, outreach, education

  3. IDEM’s Brownfields Program- General Information - • Responsibilities: • State Statute: • Technical Oversight for Brownfields Grants and Low - Interest Loans • State Liaison to U.S. EPA • U. S. EPA Cooperative Agreement: EPA provides IDEM program funding • Brownfield Environmental Assessments • Other Technical Assistance • Community Assistance, Outreach, Education

  4. IDEM’s Brownfields Program • Customers • Primary Customers: • Cities, towns and counties • Secondary Customers: • Innocent parties*, bona fide prospective purchasers • *may not have caused or contributed to the contamination at a brownfield site

  5. Redevelopment LettersLiability Tools from Various IDEM Programs • Comfort Letter • Site Status Letter • No Further Action Letter • Certificate of Completion/Covenant Not to Sue • Bona Fide Prospective Purchaser Agreement • Agreed Order

  6. Redevelopment Documents • Comfort Letter • Contaminated Aquifer Policy • Available for municipalities • Non Responsible Party • IC 13-25-4-8 (e) provides liability protection for political subdivisions for involuntary and some voluntary acquisitions of hazardous waste sites • IC 13-11-2-151 excludes political subdivisions from the definition of “owners and operators under IC 13-24-1 if they involuntarily acquire a petroleum contaminated site. • There is no exception for USTs

  7. Redevelopment Documents • Site Status Letter • Available to municipalities and developers • Developers must have community involvement/input • Documents site conditions, land restrictions for future use • Provides redevelopment assurances • Meets RISC requirements-protective of human health and the environment

  8. Redevelopment Documents • No Further Action Letters • Available for Brownfields UST • Using Petroleum Remediation Grant Incentive fund to remediate UST sites • Meets RISC requirements-protective of human health and the environment

  9. Redevelopment Documents • Potential Purchasers Agreement (PPA) • Formal agreement between municipalities (non RP) and IDEM • Site must be characterized • Remediation is determined and costs are capped -protective of human health and the environment • Before redevelopment all work and costs are evaluated

  10. Conclusion - Brownfields Planning • Involve IDEM from the start of the project • Determine what type of redevelopment document is needed • Provide old investigation reports, site history • Conduct site meetings • Communication/Coordination

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