R311-600-4. Application

(a) An applicant shall submit to the Division of Environmental Response and Remediation an application as prescribed by this section.

(b) An application submitted under this section shall:

(1) Be on a form provided by the Division of Environmental Response and Remediation;

(2) Contain:

(A) General information concerning the applicant and its affiliates, and current and past owners, and operators of the site;

(B) The address, property tax identification number, and legal description of the property;

(C) A statement and information that demonstrates that 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;

(D) A statement indicating and information demonstrating that the applicant is applying as a bona fide prospective purchaser, a contiguous property owner, or an innocent landowner, and a certification that the applicant meets and will continue to meet the requirements;

(E) The current and proposed future land use;

(F) Information indicating the involvement, if any, that the Department or the EPA has had with the property or the applicant;

(G) The fee required in the fee schedule approved by the legislature;

(H) A site eligibility report.

(c) The site eligibility report shall include the following:

(1) Results of the applicant's All Appropriate Inquires, 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, 70 Fed. Reg. 66070 (11/1/05) codified at 40 C.F.R. 312.

(2) Sufficient information demonstrating compliance with the principles in R311-600-3, including information identifying whether the release is on-going or likely to be on-going.

(3) Laboratory analytical results from environmental media sampled at the site.

(4) Proposed reasonable steps to mitigate potential risk to human health and the environment based on present and future intended land use, including utility corridors.

(5) Description of activity and use limitations or engineering controls, and how the limitations or controls will be enforced over time.