DEEP: Property Transfer Program

Property Transfer Program

The Property Transfer Program requires the disclosure of environmental conditions when certain real properties and/or businesses ("establishments") are transferred. When an establishment is transferred, one of four Property Transfer Forms must be executed and a copy of the form must be filed with the Department of Energy & Environmental Protection. When transferring an establishment where there has been a release of a hazardous waste or a hazardous substance, the party signing the Property Transfer Form certification agrees to investigate the parcel and remediate pollution caused by any release of a hazardous waste or hazardous substance from the establishment.

Forms for Property Transfer and Verification

Filing Forms for the Transfer of Establishments
(Forms I through IV for Business and Property, ECAF, and Fee Form)

Environmental Condition Assessment Form (ECAF)

 

LEP Verification Forms (Forms I through IV for Business and Property, Voluntary Remediation, and RCRA Corrective Action)

Public Acts Affecting Programs of the Remediation Division

2012: Public Act 12-183, AN ACT CONCERNING REVISIONS TO THE STATE'S BROWNFIELD REMEDIATION AND DEVELOPMENT STATUTES (13 sections with various effective dates) - Sections 6 and 7 (effective 6/15/12 and 1/1/2014 respectively) make minor changes to the Property Transfer Program Summary of Legislative Changes

2011: Public Act 11-141
Summary of Legislative Changes (PDF) / Public Act 11-141
The Brownfield Remediation and Revitalization Program: Section 17 creates a new program, called the Brownfield Remediation and Revitalization Program, for the cleanup of brownfield sites. It stipulates that innocent owners, who acquired the property after releases of hazardous substances and who are not affiliated with a person who is responsible for any such release, may apply to the Department of Economic and Community Development (DECD) for acceptance into the program; and upon acceptance, must investigate and remediate the property itself, but are not liable to investigate and remediate any part of releases that have migrated off-site. A Party accepted into this program also receives liability protection from both state and third parties for any past releases on or from the property. Sites in this program will be investigated and remediation under LEP oversight. Submittal of the Completion of Investigation, the Remedial Action Plan, and the Verification/Interim Verification are on a 2, 3 and 8 year schedule, respectively. A fee of 5% of the assessed value is required to help offset any costs associated with the potential need for the state to respond to off-site contamination issues. Incentives exist to reduce the fee by proceeding quickly through investigation/remediation. Based on an amendment to the Property Transfer Act under this bill (Section 10), a property accepted into this program is exempt from the Property Transfer Act, as are all subsequent transfers of this property, provided that there is compliance with the investigation and remediation schedule. Acceptance into this program does not alter any previously existing legal obligation for any party to remediate on or off a property.

2009: Public Act 09-235 and Public Act 09-3
Summary of Legislative Changes (PDF) / Affected Statutes (PDF)

2007: Public Act 07-81 and Public Act 07-233
Summary of Legislative Changes (PDF) / Affected Statutes (PDF) 

Additional Information

Remediation Division Guidance
Remediation Division Policies
Remediation Division Forms
Remediation Division Permits
Remediation Standard Regulations (RSRs)
Environmental Land Use Restrictions
Engineered Control Variances
Covenant Not to Sue
CERCLIS "Comfort Letter" and Archive Policy
Ecological Risk Assessment
Reuse of Polluted Soils

Content Last Updated June 29, 2012