The Office of Land Quality (OLQ) approves properties for completion when no contamination exists or when contamination was detected, investigated, and then addressed to meet cleanup requirements. Once OLQ has adequately managed the risks from any contamination, it may close the file that it created when the pollution was reported. Such closure allows OLQ to end its active oversight of the property.
After completion, some of the contamination may remain, and safe use of the property can be conditional with environmental restrictions and/or a continuing cleanup remedy to minimize exposure to the remaining contamination. An unconditional completion to a residential closure allows full use of a property without any environmental restrictions.
Site Closure Documentation
When OLQ closes and/or completes a site/property because it is considered safe for its intended reuse (if known), IDEM issues a written document that is designed to fit a specific OLQ and/or property owner/buyer need. The type of closure documentation is dependent on the program OLQ used to manage the cleanup.
- State Cleanup Program:
- IDEM will issue a Closure Completion Letter or a No Further Action Letter for completed properties, depending on the site’s priority.
- Voluntary Remediation Program:
- IDEM will issue a Certificate of Completion for completed properties and the applicant will receive a Covenant Not To Sue signed by the Governor’s Office.
- Indiana Brownfields Program:
- The Indiana Finance Authority (through the Indiana Brownfields Program), in coordination with IDEM, will issue a Comfort Letter or Site Status Letter on IDEM letterhead. A Comfort Letter is a liability interpretation letter, but in some instances can also serve as a closure letter, like the Site Status Letter.
- Resource Conservation and Recovery Act Corrective Action Program:
- IDEM will use the completion determination process to close out regulated hazardous waste management facilities with a spill or release.
- Federal Programs:
- IDEM will follow a different closure process as required by federal laws.
Institutional Controls Registry
OLQ maintains the Institutional Controls Registry Remediation Sites Report which provides the public a complete listing of all sites that have been closed with the use of institutional controls. An additional report containing solid waste sites subject to 329 IAC 10 deed notice requirements is also available under the Solid Waste Sites Report. The two reports are also combined into an EXCEL spreadsheet for better management of the data.
Please contact OLQ to ask a question, provide feedback, or request additional information on the Institutional Controls Registry. Site- or facility-specific information is available from IDEM’s Virtual File Cabinet or individual cleanup programs.