Sample letters and newspaper notifications

SAMPLE LETTERS FOR REMEDIATOR TO SEND THE MUNICIPALITY

NIR to municipality for site remediated to background and Statewide health standards.

RE: Site Name

ID #

Municipality

County

Dear Municipal Official:

The Land Recycling and Environmental Remediation Standards Act (Act 2) requires that a Notice of Intent to Remediate (NIR) a site be provided to the municipality in which the site is located. In accordance with this provision of Act 2, we are formally notifying you of our intent to remediate the subject site. A copy of the Notice of Intent to Remediate, which has been sent to the Department of Environmental Protection (DEP), is enclosed. This notice will also be published in the Pennsylvania Bulletin, and a summary of the notice will be placed in a local newspaper.

Should you have any questions or comments regarding the proposed remediation, please contact ___________________.

Sincerely,


Notice to municipality of NIR for site-specific standard and Special Industrial Areas.

RE: Site Name

ID #

Municipality

County

Dear Municipal Official:

The Land Recycling and Environmental Remediation Standards Act (Act 2) requires that a Notice of Intent to Remediate (NIR) be provided to the municipality in which the site is located. Act 2 also provides that when a site is a Special Industrial Area or is being remediated to a Site-specific Standard, the municipality is afforded a 30-day comment period. In accordance with the provisions of the Act, we are formally notifying you of our intent to remediate the subject site. A copy of the Notice of Intent to Remediate, which has been sent to the Department of Environmental Protection (DEP), is enclosed. This notice will be published in the Pennsylvania Bulletin, and a summary of the notice will appear in a local newspaper.

Publication of this notice in a local newspaper initiates the 30-day public and municipal comment period. During this time, your municipality may request to become involved in the development of the remediation and reuse plans for the site. If the municipality wishes to become involved in this project, please send your comments to the ______________(remediator/name of person seeking liability protection) with copies submitted to the Department of Environmental Protection at ______________(address of regional office, name of contact person if known).

Sincerely,


Municipality Notice of Final Report Submission for background and Statewide health standard Cleanups.

Dear Municipal Official:

Notice is hereby given that _____________ (name of person or firm submitting the final report) has submitted a final report to the Department of Environmental Protection for the site [known as][owned by] at __________________________ (site name, location). The report indicates that the remediation performed has attained compliance with the ______________ (background and/or statewide health) cleanup standard.

This notice is made under the provision of the Land Recycling and Environmental Standards Act, the Act of May 19, 1995, P.L. 4, No. 2.

Sincerely

Municipality Notice of Submission of Plan and/or Report for site-specific standard cleanups.

Dear Municipal Official:

Notice is hereby given that _____________ (name of person or firm submitting the plan or report) has submitted a ________________ (type of plan or report) to the Department of Environmental Protection for the site [known as][owned by] at __________________________ (site name, location). The ___________ (plan or report) indicates that the remediation [planned will] [performed has] attain[ed] compliance with the site-specific cleanup standard.

This notice is made under the provision of the Land Recycling and Environmental Standards Act, the Act of May 19, 1995, P.L. #4, No. 2.

Sincerely


NEWSPAPER NOTIFICATION SAMPLES

Sample Newspaper Notice of an Intent

to Remediate to an Environmental Standard.

(Sections 302(e)(1)(ii), 303(h)(1)(ii),

304(n)(1)(i), and 305(c)(1))

Pursuant to the Land Recycling and Environmental Remediation Standards Act, the act of May 19, 1995, P.L. 4, No. 1995-2., notice is hereby given that ____________ (name of person seeking liability protection) has submitted to the Pennsylvania Department of Environmental Protection a Notice of Intent to Remediate a site located at ____________ (site address, municipality, county). This Notice of Intent to Remediate states that [summarize the Notice of Intent to Remediate to include at least the following:] the site is/was a ____________ (description of site or facility). The site has been found to be contaminated with ____________ (type of contaminant) which (has contaminated) (is suspected to have contaminated) ____________ (media) on the site. _________ (name of person seeking liability protection) has indicated that the proposed remediation measures will be ____________ (general description of proposed remediation measures). The proposed future use of the property will be (residential, non-residential, both residential and non-residential) for ____________ (type of future use).

[the below paragraph is added for site-specific standard remediations]

____________ (name of person seeking liability protection) plans to use the site-specific standard at the site. The Act provides for a 30-day public comment period for site-specific standard remediations. The 30-day comment period is initiated with the publication of this notice. Until ____________ (date 30 days after the newspaper publication date), ________________________ (municipality) may submit a request to _____________ (name of the person seeking liability protection) to be involved in the development of the remediation and reuse plans for the site. __________ (municipality) may also submit a request to ____________ (name of person seeking liability protection) during this 30-day comment period to develop and implement a public involvement plan. Copies of these requests and of any comments should also be submitted to the Department of Environmental Protection at ____________ (address of regional office, name of contact person if known).

[the below paragraph is added for Special Industrial Area remediations]

This site is located in a Special Industrial Area. The Act provides for a 30-day public comment period for sites located in Special Industrial Areas. The 30-day comment period is initiated with the publication of this notice. Until ____________ (date 30 days after the newspaper publication date), ____________ (municipality) may submit a request to ____________ (name of person seeking liability protection) to be involved in the development of the remediation and reuse plans for the site. ___________ (municipality) may also submit a request to ____________ (name of person seeking liability protection) during this 30-day comment period to develop and implement a public involvement plan.


Sample Newspaper Notification of Receipt

of a Final Report (for background

and/or Statewide health standard)

(Sections 302(e)(2), 303(h)(2))

Notice is hereby given that ____________ (name of person seeking liability protection) has submitted a final report to the Pennsylvania Department of Environmental Protection, ________________ Regional Office, to demonstrate attainment of the ______________ (background/Statewide health) standard for a site located at ____________ (address, municipality, county). ____________ (name of person seeking liability protection) has indicated that the remediation measures taken have attained compliance with the ____________ (background/Statewide health) clean up standard established under the Land Recycling and Environmental Remediation Standards Act.

This notice is made under the provision of the Land Recycling and Environmental Remediation Standards Act, the Act of May 19, 1995, P.L. #4, No. 2.


Sample Newspaper Notification of Receipt

of a Plan or Report (for site-specific standard)

(Section 304(n)(2)(i))

Notice is hereby given that ____________ (name of person seeking liability protection) has submitted a (plan or report) to the Pennsylvania Department of Environmental Protection, ________________ Regional Office, to demonstrate attainment of the ______________ site-specific standard for a site located at ____________ (address, municipality, county). ____________ (name of person seeking liability protection) has indicated that the remediation measures taken have attained compliance with the ____________ site-specific cleanup standard established under the Land Recycling and Environmental Remediation Standards Act.

This notice is made under the provision of the Land Recycling and Environmental Remediation Standards Act, the Act of May 19, 1995, P.L. #4, No. 2.