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Mr. Warren advises public and privately held corporations, as well as other organizations, on compliance under state and federal environmental statutes and regulations. He also provides environmental auditing, environmental impact review and due diligence for these corporate clients, and represents them in permitting and enforcement procedures and litigation. Mr. Warren’s clients have included major real estate developers with environmental problems such as hazardous waste issues; industrial companies with air pollution, water pollution and hazardous waste issues; and creditors’ committees in bankruptcies involving major environmental issues. To find out whichYou can listen to the entireWebinar recordings include theOrder Other FormatsContact us at 1-800-926-7926. All rights reserved. This results in environmentally contaminated properties typically having a significantly reduced market value and may render them completely unsellable.You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.www.concrete-mix-plant.com/d/files/carrier-durakool-window-ac-user-manual.pdfClick here to login Click here to login You’ll be able to update your communication preferences via the unsubscribe link provided within our communications. We take your privacy seriously. Please see our Privacy Policy. Please see our Privacy Policy. Resources State Revolving Fund (Loans) Back State Revolving Fund (Loans) How do I apply. The NDEP main phone number is (775) 687-4670. Click here for updates on NDEP’s facilities, process changes, and response initiatives.Liability protections under federal law were enacted for three categories of landowners: bona fide prospective purchasers, innocent landowners, and contiguous landowners. The State of Nevada followed suit in 2003 and adopted equivalent liability protections for these same categories of landowners, as set forth in Nevada Revised Statute (NRS) 459.930. Liability protections for all three categories of landowners are subject to certain obligations. Landowners interested in maintaining liability protections should review all relevant laws and guidance to understand these obligations, which include both pre- and post-purchase requirements. Links to other relevant laws and guidance are also provided below. If you are considering purchasing contaminated property as a Bona Fide Prospective Purchaser or if you own land that has been contaminated by the release of hazardous substances from properties adjacent to yours, the below information provides the legal requirements for environmental liability protection and the position of the Nevada Division of Environmental Protection (NDEP) on providing clarification of an individual's liability at a specific property. It is designed for general information purposes only and should not be construed to be formal legal advice. You should consult an attorney for advice regarding your own situation. Although great care has been taken to ensure the accuracy and utility of the information contained in this website, no warranty is made, express or implied, and the NDEP assumes no liability in connection with any use or result from use of the information contained herein. Report a Spill Make an e-Payment Check Air Quality in My Area Request Public Records Find Information on Drinking Water Relocate or Expand My Business to Nevada Featured Resources Water Air Land Environmental Cleanup Right Now at NDEP NDEP wants to hear from you. We’re hosting a Clean Cars Nevada listening session on January 14 at 10:00am. Please contact us if you find an error so we may address it. Thank you for signing up. Check your email to complete your subscription. close. Apply for financial assistance. Read applicable cleanup standards. Download public records. Research Brownfields issues. Contact Brownfields Program staff. Obtain a liability clarification. Submit a brownfield success story. Make a suggestion about the Program. Submit a Brownfields Program Project Survey. Liability is based on the type of contamination found at the site, either hazardous substances or petroleum. Liability can be both strict and joint and several, depending on the applicable law. Strict liability: owners or operators can be held liable for contamination even if they did not cause or contribute to it, or did not know about it at the time of purchase Joint and several liability: one responsible party, including an owner who never used hazardous substances at the site, could be held liable for the entirety of the cleanup, notwithstanding the existence of other responsible parties Concerns about liability issues for lenders and prospective purchasers are among the main potential obstacles to brownfields redevelopment. State Mechanisms for Minimizing and Managing Liability Statutory liability exemptions for political subdivisions, lenders, trustees, fiduciaries, innocent landowners, prospective purchasers and contiguous property owners Risk-Based Cleanup Standards Enforcement discretion policies There are several liability protections that may form the basis for a Comfort Letter. The three most commonly requested types are: Bona Fide Prospective Purchaser (BFPP), Lender, and Contaminated Aquifer. The Program provides liability clarification for stakeholders that qualify for either a liability defense or application of an enforcement discretion policy. The Program also addresses the potential for IDEM to require a cleanup based on comparing site conditions to objective, risk-based standards found in the RCG. Often these le tters include the use of an institutional control in the form of requiring recordation of an environmental restrictive covenant (ERC) on the deed for the Site to ensure land uses do not result in contaminant exposure. INSTRUCTIONS REGARDING NOTARIAL CERTIFICATES The state statute pertaining to recording requirements, Indiana Code 32-21-2, changed effective July 1, 2020. To comply with the new law, in addition to a notary public acknowledging the signature of the grantor (or a representative) (Acknowledgment by a Notary), there must also be a disinterested witness to the signature by the grantor (or a representative) (Proof by a Disinterested Witness), which must also be notarized. If you were issued an environmental restrictive covenant (ERC) by the Indiana Brownfields Program (Program) prior to July 1, 2020 and have not yet recorded it, you should contact the Project Manager referenced in your letter to obtain revised signature pages for your ERC that will include a Disinterested Witness certificate. If you attempt to record the issued ERC at the County Recorder’s office without this additional certificate, your document is likely to be rejected. The statutory revision requires that there be three persons involved in the execution of the ERC prior to its recordation: 1) the Grantor (or representative); 2) a notary; and, 3) a disinterested adult witness to satisfy the common law proof requirement. The common law “proof” should be signed by a disinterested adult witness that: Is not a party to the real estate transaction (ERC) and does not benefit from the real estate transaction (ERC) (therefore, is “disinterested”) Watched the grantor or original signer execute the ERC with a signature Signs the ERC and legibly prints, types or stamps their name immediately beneath that signature Appears before a notary public, provides proof of their identity, and is sworn or placed under oath by that notary Swears or affirms to the notary that they saw the original signer sign the instrument in their presence Provides any other necessary information to the notary to complete the certificate as to the witness’s identity, signature and sworn or affirmed declaration information The disinterested witness may be the notary that acknowledges the grantor’s signature on the ERC (Notary 1). However, if Notary 1 serves as the disinterested witness, a second notary (Notary 2) will be needed to be acknowledged the proof by the disinterested witness (Notary 1). The Program also addresses the potential for the Indiana Department of Environmental Management (IDEM) to require a cleanup based on comparing site conditions to objective, risk-based standards found in the IDEM Remediation Closure Guide (March 22, 2012 and applicable revisions) and Remediation Program Guide (RPG). A Comfort Letter is issued to a party that qualifies for an applicable exemption to liability found in Indiana law or application of an IDEM enforcement discretion policy, but is not a legal release from liability. A Comfort Letter is not transferable to other entities. A Comfort Letter explains the liability exemption or enforcement discretion policy for which the stakeholder has qualified and by which IDEM has determined not to pursue a party for cleanup. A Site Status Letter is issued to a party that did not cause or contribute to or knowingly exacerbate site contamination and can demonstrate that current levels of contaminants of concern at the brownfield substantially meet current cleanup criteria as established by IDEM. The potential cleanup liability of the party requesting the letter is not addressed. A Site Status Letter states that based on a technical analysis of information submitted to IDEM pertaining to site conditions, IDEM concludes that current site conditions do not present a threat to human health or the environment and that IDEM does not plan to take or require a response action at the brownfield site. Stakeholders should plan for a minimum of 120 days from the time the Program receives all pertinent documentation and information to receive the letter requested. Note: because the BFPP exemption was designed to be self-implementing, a stakeholder need not have IDEM’s Comfort Letter in hand at the time of a real estate closing to be protected under the law. Below is an example of an electronic submittal. Please refer to this example of a complete Comfort Letter request. The Indiana Brownfields Program’s advice to all BFPPs, including prospective tenants, of potentially or known contaminated property is to conduct an AAI-compliant Phase I Environmental Site Assessment (Phase I ESA) prior to acquisition (EPA defines date of acquisition as the date on which a person acquires title to (or leases) the property.) Conducting a Phase I ESA for Testing and Materials (ASTM) Practice E-1527-13, Standard Practice for Environmental Site Assessment will ensure that you have the most information about potential or recognized environmental conditions on the property, as well as perhaps ensure your eligibility for an exemption from liability for any contamination on the property. The BFPP must provide answers to the user-specific questions to ensure its satisfaction of the Federal AAI rule. The BFPP liability defense is self-implementing; if the applicant meets the pre-purchase statutory criteria and follows the post-acquisition continuing obligations, the applicant should be protected, regardless of whether it has obtained a letter from IDEM. Of course, such liability protection won’t be validated until and unless the BFPP is sued. A Comfort Letter also provides IDEM’s technical opinion on recommended reasonable steps regarding known environmental conditions on the Site in order to satisfy continuing obligations and maintain BFPP protection. AAI-Compliant Phase I ESA Reports Phase I ESA reports have two key expiration dates: In order for a report to be valid for a property transfer, certain components of the Phase I ESA report cannot be older than 180 days. If more than one year has lapsed from the date on which the earliest report information was collected prior to closing, an entirely new Phase I report must be obtained to qualify as a BFPP. Interviews with past and present owners, operators and occupants (40 CFR 312.23) Searches for recorded environmental cleanup liens (40 CFR 312.25) Reviews of federal, tribal, state and local government records (40 CFR 312.26) Visual inspections of the facility and adjoining properties (40 CFR 12.27) The declaration by the EP (40 CFR 312.