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Enviromental Disclosure For Transfer Of Real Property (IC 13-25-7.5) Form. This is a Indiana form and can be use in Department Of Enviromental Management Statewide.
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ENVIRONMENTAL DISCLOSURE FOR TRANSFER OF REAL PROPERTY (IC 13-25-3-7.5) State Form 52653 (R3 / 8-11) INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT For Use By County Recorder’s Office County Date A WARNING TO THE PARTIES TO A TRANSFER OF PROPERTY: The single act of reading this document does not constitute “all appropriate inquiries” into the previous ownership and uses of the facility to satisfy that requirement under the federal Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601(35)(B)). You are strongly encouraged to read this document carefully and to take all other actions necessary to make a due diligence inquiry into the previous ownership and uses of the facility if you intend to satisfy the criteria to avoid liability under the federal Comprehensive Environmental Response, Compensation and Liability Act or IC 13-25-4. Doc. No. Vol. Page Rec’d by: The following information is provided under IC 13-25-3-7.5, the Responsible Property Transfer Law. PART ONE: PROPERTY IDENTIFICATION A. Address of Property: City or Town Township Tax Parcel Identification No. (Key Number): B. Legal Description: Section Township Range Enter or attach complete legal description in this area: LIABILITY DISCLOSURE Transferors and transferees of real property are advised that their ownership or other control of such property may render them liable for environmental cleanup costs whether or not they caused or contributed to the presence of environmental problems in association with the property. C. Property Characteristics: Lot Size Acreage Check all types of improvement and uses that pertain to the property: Apartment Building (6 units or less) Industrial Building Commercial Apartment (over 6 units) Farm, with Buildings Store, Office, Commercial Building Other (specify) PART TWO: NATURE OF TRANSFER A. (1) Is this a transfer by deed or other instrument of conveyance of fee title to property? Yes No (2) Is this a transfer by assignment of over 25% of beneficial interest of a land trust? Yes No (3) A lease exceeding a term of 40 years? Yes No (4) A collateral assignment of beneficial interest? Yes No (5) An installment contract for the sale of property? Yes No (6) A mortgage of trust deed? Yes No (7) A lease of any duration that includes an option to purchase? Yes No American LegalNet, Inc. www.FormsWorkFlow.com PART TWO: NATURE OF TRANSFER (continued) B. (1) Identify Transferor: Name and Current Address of Transferor Address State: City ZIP Trust No. Name and Address of Trustee if this is a transfer of beneficial interest of a land trust. _ (2) Identify person who has completed this form on behalf of the Transferor and who has knowledge of the information contained in this form. Include name, position (if any), and address and telephone number. Name Position Address City Telephone ( ) State: ZIP - C. Identify Transferee: Name and Current Address of Transfer Address State: City ZIP PART THREE: ENVIRONMENTAL INFORMATION A. Regulatory Information During Current Ownership 1. Has the transferor ever conducted operations on the property which involved the generation, manufacture, processing, transportation, treatment, storage, or handling of a “hazardous substance” (as defined by IC13-11-2-98)? This question does not apply to consumer goods stored or handled by a retailer in the same form and approximate amount, concentration, and manner as they are sold to consumers, unless the retailer has engaged in any commercial mixing (other than paint mixing or tinting of consumer sized containers), finishing, refinishing, servicing or cleaning operations on the property. Yes No 2. Has the transferor ever conducted operations on the property which involved the processing, storage, or handling of petroleum, other than that which was associated directly with the transferor’s vehicle usage? Yes No 3. Has the transferor ever conducted operations on the property which involved the generation, transportation, storage, treatment, or disposal of “hazardous waste” (as defined in IC 13-11-2-99(a))? Yes No 4. Are there any of the following units (operating or closed) at the property that are used or were used by the transferor to manage hazardous wastes, hazardous substances, or petroleum? American LegalNet, Inc. www.FormsWorkFlow.com PART THREE: ENVIRONMENTAL INFORMATION (continued) Landfill Yes No Injection Wells Yes No Surface Impoundment Yes No Wastewater Treatment Units Yes No Land Application Yes No Septic Tanks Yes No Waste Pile Yes No Transfer Stations Yes No Incinerator Yes No Waste Recycling Operations Yes No Storage Tank (above ground) Yes No Waste Treatment Detoxification Yes No Storage Tank (underground) Yes No Other Land Disposal Area Yes No Container Storage Area Yes No If there are “YES” answers to any of the items on the preceding page and the transfer of property that requires the filing of this document is other than a mortgage or trust deed or a collateral assignment of beneficial interest in a land trust, you must attach to the copies of this document that you file with the county recorder and the department of environmental management a site plan that identifies the location of each unit. 5. Has the transferor ever held any of the following in regard to this real property? (A) Permits for discharges of wastewater to waters of Indiana. Yes No (B) Permits for emissions to the atmosphere. Yes No (C) Permits for any waste storage, waste treatment, or waste disposal operation? Yes No 6. Has the transferor ever discharged any wastewater (other than sewage) to a publicly owned treatment works? Yes No 7. Has the transferor been required to take any of the following actions relative to this property? Yes No (A) Filed an emergency and hazardous chemical inventory from pursuant to the federal Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. §11022). Yes No (B) Filed a toxic chemical release form pursuant to the federal Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C.§11023). Yes No (A) Written notification regarding known, suspected, or alleged contamination on or emanating from the property. Yes No (B) Filing an environmental enforcement case with a court or the solid waste management board for which a final order or consent decree was entered. Yes No (C) If the answer to question (B) was Yes, then indicate whether or not the final order or decree is still in effect for this property. Yes No (A) Has any situation occurred at this site which resulted in a reportable “release” of any hazardous substances or petroleum as required under state or federal laws? Yes No (B) Have any hazardous substances or petroleum which was released come into direct contact with the ground at this site? Yes No 8. Has the transferor or any facility on the property or the property been the subject of any of the following state or federal governmental actions? 9. Environmental Releases During Transferor’s Ownership. If the answer to question (A) or (B) is Yes, have any of the following actions or events been associated with a release on the property? American LegalNet, Inc. www.FormsWorkFlow.com Use of a cleanup contractor to remove or treat materials including soils, pavement, or other surficial materials? Assignment of in-house maintenance staff to remove or treat materials including soils, pavement, or other surficial materials? PART THREE: ENVIRONMENTAL INFORMATION (continued) Sampling and analysis of soils? Temporary or more long term monitoring of groundwater at or near the site? Impaired usage of an onsite or nearby water well because of offensive characteristics of the water? Coping with fumes from subsurface storm drains or inside basements? Signs of substances leaching out of the ground along the base of slopes of or at other low points on or immediately adjacent to the site? (C) Is there an environmental defect (as defined in IC 13-11-2-70) on the property that is not reported under question (A) or (B)? Yes No 10. Is the facility currently operating under a variance granted by the commissioner of the Indiana Department of Environmental Management? Yes No 11. Has the transferor ever conducted an activity on the site without obtaining a permit from the U. S. Environmental Protection Agency, the commissioner of the Indiana Department of Environmental Management, or another administrative agency or authority with responsibility for the protection of the environment, when such permit was required by law? Yes No If the answer is Yes, describe the environmental defect: If the answer is Yes, describe the activity: 12. Is there any explanation needed for clarification of any of the above answers or responses? American LegalNet, Inc. www.FormsWorkFlow.com PART THREE: ENVIRONMENTAL INFORMATION (continued) B. Site Information Under Other Ownership or Operation 1. Provide the following information about the previous owner or about any entity or person to whom the transferor leased the property or with whom the transferor contracted for the management of the property: Name: Type of Business or Property Usage: 2. If the transferor has knowledge, indicate whether the following existed under prior ownerships, leaseholds granted by the transferor, other contracts for management of use of the property: Landfill Surface Impoundment Land Application Waste Pile Incinerator Storage Tank (above ground) Storage Tank (underground) Container Storage Area Yes No Yes No Yes No Yes No Yes No Yes No Yes No Injection Wells Wastewater Treatment Units Septic Tanks Transfer Stations Waste Recycling Operations Waste Treatment Detoxification Other Land Disposal Area Yes No Yes No Yes No Yes No Yes No Yes No PART FOUR: CERTIFICATION A. Based on my inquiry of those persons directly responsible for gathering the information, I certify that the information submitted is, to the best of my knowledge and belief, true and accurate. TRANSFEROR (or on behalf of Transferor) B. This form was delivered to me with all elements completed on 20 TRANSFEREE (or on behalf of Transferee) PART FIVE: FURTHER ACTION UPON COMPLETION OF THE FORM A. The transferor must comply with the delivery requirements of IC 13-25-3-2 and the filing and recording requirements of IC 13-25-3-8. B. The transferee must comply with the recording requirements of IC 13-25-3-8. American LegalNet, Inc. www.FormsWorkFlow.com