Can the Program issue a Comfort Letter for a Site if the Phase I does not identify any RECs and/or a Phase II does not find anycontamination?

Published 12/04/2013 02:13 PM   |    Updated 12/04/2013 02:22 PM
Can the Program issue a Comfort Letter for a Site if the Phase I does not identify any RECs and/or a Phase II does not find any
contamination?

No. Issuance of a Comfort Letter presumes environmental conditions are known or suspected to exist on a property making it likely that IDEM would pursue the parties legally responsible for cleanup. The purpose of a Comfort Letter is to address the agency’s exercise of enforcement discretion pertaining to the requestor’s potential liability for cleanup of environmental contamination. If there are no recognized environmental conditions (RECs) or historic recognized environmental conditions(HRECs), or Phase II site assessment data has not found contamination above applicable closure screening levels, there is no potential cleanup liability and, therefore, no potential for an enforcement action to be taken by the State. Therefore, there is no enforcement discretion exercised by IDEM to be memorialized in a letter. Instead, the party requesting a Comfort Letter will receive a Comment Letter to that effect. Contact Michele Oertel at moertel@ifa.in.gov.

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