DERR-2024-012510

David Bird <[e-mail]>
Updated EWA Application
Rebecca S <[e-mail]>Thu, Nov 14, 2024 at 9:11 AM
To: "Bill Rees ([e-mail])" <[e-mail]>
Cc: David Bird <[e-mail]>
Hello Bill/Dave,
Please see the updated EWA application with the corrected parcel numbers and updated acreage information. These
pages are replacing the first 7 pages of the original EWA application previously sent. The updated Phase I ESA and legal
description have previously been sent to you under a separate transmittal. If you would like the complete EWA
application with the updated Tabs, please let me know and I will send you a link; however, Dave thought that you already
have that information, and it wouldn’t be necessary to send it in this email.

Please let me know if you have any questions.

Thanks so much!
Rebecca
EWA Fillable Form.pdf
607K
11/26/24, 9:38 AM State of Utah Mail - Updated EWA Application
https://mail.google.com/mail/u/0/?ik=9ad96c2360&view=pt&search=all&permmsgid=msg-f:1815714901065719130&simpl=msg-f:1815714901065719130 1/1
Enforceable Written Assurance Application
DEQ/DERR 08/19 1
UTAH DEPARTMENT OF ENVIRONMENTAL QUALITY
Enforceable Written Assurance Application - Bona Fide Prospective Purchaser
This is an application for an Enforceable Written Assurance (EWA) as a bona fide prospective purchaser
under the Hazardous Substances Mitigation Act (Act). The EWA is issued by the Executive Director of the
Utah Department of Environmental Quality (DEQ). The application will be processed by the Division of
Environmental Response and Remediation (DERR). Complete all sections and submit the application to the
DERR. Please submit the application well in advance of acquiring, developing or occupying the property.
The Applicant must meet all the requirements of the Act and supporting regulations.
Property Information
EWA Site Name
Address
City State Zip Code
Property Size (acres)
Property Tax Identification Number(s)
Legal Description and Site Map are required
Applicant
Applicant: (A person who has applied to receive an EWA based upon his status as a bona fide prospective
purchaser). The Applicant is responsible for payment of DEQ costs of review. Provide the legal name of
the entity for which the EWA is being requested. Additional applicants are required to complete a separate
application.
Applicant
Contact Person
Address
City State Zip Code
Phone E-mail Address
Applicant is: ( ) Individual ( ) Business
Is the Applicant currently registered to conduct business in the State of Utah? ☐Y ☐N
Type of Business: ( ) Corporation ( ) LLC ( ) Sole Proprietorship
( ) General Partnership ( ) Limited Partnership
Entity Number and State of Creation*:
*Must include proof of current business registration and general information concerning the applicants affiliates as an attachment
X
Enforceable Written Assurance Application
DEQ/DERR 08/19 2
Applicant Information
1. Has the DEQ and/or EPA had any involvement with the property or the Applicant?
☐Y ☐N
If yes, please explain below.
2. Does the Applicant represent that it qualifies as a bona fide prospective purchaser as
defined under the Hazardous Substances Mitigation Act? ☐Y ☐N
(Information included with this application must document that the Applicant meets and will continue to meet the bona
fide prospective purchaser requirements).
3. Please include a statement and information that demonstrates the Applicant has not
caused or contributed to the contamination on the property or the site and is otherwise
eligible for an Enforceable Written Assurance.
Current Property Owner
Owner(s)
Contact Person
Address
City State Zip Code
Phone E-mail address
Other Contacts
Name and Relationship to Applicant
Organization
Address
City State Zip Code
Phone E-mail address
Enforceable Written Assurance Application
DEQ/DERR 08/19 3
Land Uses and Owner/ Operator Information
In this section, please identify:
Historical and Current Land Uses:
Proposed Future Land Use:
Historical and Current Ownership and Operator Information:
Property Acquisition Date
1. Please indicate the date the Applicant plans to acquire ownership or take control of the
property (Note: The DERR will not evaluate a bona fide prospective purchaser’s EWA application under the Act
after an applicant has acquired an interest in the property, so the application should be filed well in advance of the
closing date, title transfer, lease, etc. The DERR offers pre-application meetings to discuss the EWA process, including
current review timeframes, so please contact the VCP/Brownfields coordinator for more information).
All Appropriate Inquiries
1. Does the Applicant represent that it has made All Appropriate Inquiries into the
previous ownership and uses of the property before acquisition in accordance with the
regulations promulgated by the EPA for All Appropriate Inquiries, 40 CFR 312?
(See optional DEQ/DERR AAI Checklist) ☐Y ☐N
Is the Phase I Environmental Site Assessment included with the Application? ☐Y ☐N
Evaluation Principles
1. Has information been provided to demonstrate compliance with the Evaluation
Principles in Utah Administrative Code R311-600? ☐Y ☐N
(See optional DEQ/DERR EWA Checklist)
4
Continuing Obligations
1. Has the Applicant provided all legally required notices with respect to the discovery or
release of any hazardous substances or hazardous materials at the property and does the
Applicant represent that it will to continue to provide all legally required notices with
respect to the discovery or release of any hazardous substances or hazardous materials at
the property? ☐Y ☐N
2. Does the Applicant represent that it will provide full cooperation, assistance, and
access to persons that are authorized to conduct response actions or natural resource
restoration at the property (including the cooperation and access necessary for the
installation, integrity, operation, and maintenance of any complete or partial response
actions or natural resource restoration at the property)? ☐Y ☐N
3. Does the Applicant represent that it will comply with any land use restrictions
established or relied on in connection with the response action at a vessel or facility and
will not impede the effectiveness or integrity of any institutional control employed at the
vessel or facility in connection with a response action? ☐Y ☐N
4. Does the Applicant represent that it will comply with any request for information or
administrative subpoena issued by the Department under the Environmental Quality
Code? ☐Y ☐N
5. Describe and support in detail below or as a separate attachment to this application
what the Applicant plans to do to exercise appropriate care with respect to hazardous
substances or hazardous materials found or suspected at the property and, in particular,
what reasonable steps the Applicant has determined are necessary to :
a) Stop any continuing releases;
b) Prevent any threatened future releases; and
c) Prevent or limit human, environmental, or natural resource exposure to any
previously released hazardous substance or hazardous material.
Voluntary Cleanup Program
1.Does the Applicant propose to complete additional characterization and response
actions through the VCP to meet the Evaluation Principles and satisfy its due care and
reasonable steps obligations as a bona fide prospective purchaser? ☐Y ☐N
If so, has the applicant filed a VCP application? ☐Y ☐N
Enforceable Written Assurance Application
DEQ/DERR 08/19
Enforceable Written Assurance Application
DEQ/DERR 08/19 5
Site Eligibility Report

The Applicant must submit the following information to meet the requirements of the
Site Eligibility Report (Utah Administrative Code R311-600-4):

a. The results of the Applicant’s All Appropriate Inquiry, including a detailed discussion
of each specific activity required by Standards and Practices for Conducting All
Appropriate Inquiries under the Comprehensive Environmental Response, Compensation,
and Liability Act, 40 CFR 312.
Has the information been provided? ☐Y ☐N

b. Sufficient information demonstrating compliance with the principles in Utah
Administrative Code R311-600-3, including information identifying whether the release
is on-going or likely to be on-going.
Has the information been provided? ☐Y ☐N

c. Laboratory analytical results from environmental media sampled at the site.
Has the information been provided? ☐Y ☐N

d. Proposed reasonable steps to mitigate potential risk to human health and the
environment based on present and future intended land use, including utility corridors.
Has the information been provided? ☐Y ☐N

e. A description of activity and use limitations or engineering controls and how the
limitations or controls will be enforced over time.
Has the information been provided? ☐Y ☐N

Applicant Affiliation

1. A Bona Fide Prospective Purchaser cannot be:
a) Potentially liable or affiliated with any other person (e.g., owner, former operator) that
is potentially liable, for response costs at the property through:
(i) Any direct or indirect familial relationship; or
(ii) Any contractual, corporate, or financial relationship (other than a contractual,
corporate, or financial relationship that is created by the instruments by which title to the
facility is conveyed or financed or by a contract for the sale of goods or services); or
b) The result of a reorganization of a business entity that was potentially liable.

Is the Applicant affiliated with another party who is potentially liable as described above?
☐Y ☐N

Enforceable Written Assurance Application
DEQ/DERR 08/19 7
Please Ensure the Following Enclosures are Included with the EWA
Application:

● Application Fee ☐Y ☐N
● Site Eligibility Report or Equivalent Information ☐Y ☐N
● Legal Property Description ☐Y ☐N
● Reasonable Steps ☐Y ☐N
● Proof of Business Registration and Affiliation Information ☐Y ☐N