2282

Attachments for Sample Memoranda re Contaminated Property

NOTICE [For Contract of Sale and for Deed] This notice provides information concerning hazardous substances known or believed to have been stored, released or disposed of at [provide common identification of the property, such as a site name or street address; followed by a proper legal description]. The United States of America owned the described property as a result of deed [dated; record book entry]. The [name of agency(s)] has (have) provided the information contained herein for the time period(s) indicated based on a complete search of agency files. This notice is to be recorded with the deed transferring title of this property to _________________________ pursuant to a contract or option dated [fill in date]. Hazardous Substances Known to have been Released, Disposed of or Stored during United States Ownership Information provided in this part addresses the period from [date of deed] to [date of sale] , [being the period when the [name of agency] had administrative jurisdiction over the subject land, or being the entire period in which title was vested in the United States,] based on a complete search of agency files. [repeat for other agency(s) if needed] Identify any hazardous substances removed from the site for disposal._________________________________________ __________________________________________________ [e.g., provide information from, summarize or attach manifests identifying any hazardous substances disposed of from site by United States or other notification of hazardous substances provided to federal, state or local agency.] Identify any hazardous waste storage, treatment or disposal units on the site.________________________________ __________________________________________________ [e.g., provide information from, summarize or attach any permit or permit application or other notice provided by U.S. Environmental Protection Agency or state or local agency with responsibility for hazardous substances.] Identify any other information concerning hazardous substances stored, disposed or released on the property __________________________________________________ __________________________________________________ [e.g., summarize any information concerning hazardous substance activity reported by witnesses.] Where property was used, in whole or in part, for, or potentially affected by, continuing operations which generate hazardous substances, identify all such operations and substances __________________________________________________ [e.g., for property on which hazardous substances were in use during United States ownership, provide information from, attach or summarize any permits, notifications, reports or documentation concerning hazardous substances prepared, filed or submitted during the time of United States ownership. Include such documentation whether prepared by the United States, its agencies, or private tenants, residents or occupants on the real property.) Actual Knowledge of Hazardous Substances at Property, without regard to United States Ownership Information in this part addresses hazardous substances which may have been stored, released or disposed of prior to United States ownership. To the extent possible, this notification also describes the source of the information. The United States cannot assure that information based on reports by other persons, indirect evidence or other sources is accurate in all respects. Describe any known instances of authorized or permitted storage, disposal or release of hazardous substances at the property__________________________________________ __________________________________________________ [e.g., provide information from, attach or summarize any permits, notifications, reports or documentation concerning hazardous substances issued to prior owners or prior operators and located at property] Describe any known instances of unauthorized or unpermitted storage, disposal or release of hazardous substances at the property__________________________________________ __________________________________________________ [e.g., indirect evidence from conditions at site, reports from informants, witnesses, evidence from state or local regulatory entities.] Definitions "Hazardous substances" has the meaning provided in 42 U.S.C. §  101(14) and 40 C.F.R. §§ 300.6 and 302.4 and thus includes all hazardous wastes identified and listed pursuant to 40 C.F.R. part 261. Descriptions of hazardous substances shall include, to the extent such information is known and is appropriate, the common name, the chemical abstracts name, the chemical abstracts number and the EPA hazardous waste number, or other information sufficient to describe the substance. Material safety data sheets should be provided to prospective buyers. "Disposal" and "storage" shall have the meanings set forth in 42 U.S.C. §§ 6903(3), (33) and regulations promulgated thereunder. "Release" shall have the meaning set forth in 42 U.S.C. § 9601(22) and regulations promulgated thereunder. COVENANT and WARRANTY [for Deed] The United States hereby covenants and warrants that-- all remedial action necessary to protect human health and the environment with respect to any such substance identified in part A of this Notice remaining on the property has been taken before the date of such transfer, and any additional remedial action found to be necessary with respect to any such substance identified in part A of this Notice after the date of such transfer shall be conducted by the United States. [cited in Criminal Resource Manual 2220]