3.9 Section J Attachment A8 Amend 0009.pdf

Attachment A8: CERCLA Disclosure of Hazardous Substances and Deed Restriction Language

Prior to listing any property for sale, the Vendor shall conduct a search of information in its possession, including but not limited to, information obtained from HUD, the former owner or mortgagee, title reports, property inspections and appraisals to determine whether the property is impacted by any hazardous substances that are subject to disclosure under Sec. 120(h) of CERCLA. If the search reveals any record of hazardous substances stored for one year or more, known to have been released, or disposed of, on some portion of the property, the Vendor shall immediately notify the COR and shall disclose that information in the Property Condition Report and in any subsequent sales contract in a format similar to that provided below. The text indicated below in bold and the information in the table must be included in the disclosure.

Notice of Environmental Hazards and Hazardous Substances

The information contained in this notice is required under the authority of regulations promulgated under section 120(h) of the Comprehensive Environmental Response, Liability, and Compensation Act (CERCLA or ‘‘Superfund’’) 42 U.S.C. section 9620(h).

The following table contains a notice of hazardous substances that have been stored for one year or more, known to have been released, or disposed of, on some portion of the property and the dates (if known) that such storage, release, or disposal took place. The information is based on a search of records in the possession of the U.S. Department of Housing and Urban Development and may not comprise a full record of any environmental conditions or hazardous substances on the property.

Name of Hazardous Substance

Including (1) the Chemical Abstracts Services Registry Number (CASRN), where applicable; (2) the regulatory synonym for the hazardous substance, as listed in 40 CFR 302.4, where applicable;

& (3) the Resource Conservation and Recovery Act (RCRA) hazardous waste number specified in 40 CFR 261.30, where applicable

Dates that storage, release, or disposal took place

Quantity in kilograms & pounds

CERCLA Required Deed or Lease Provision

If the search required in Section 1.3.27.9 (A) of the PWS reveals a record of the storage for one year or more, release, or disposal of hazardous substances at the property, the Vendor shall instruct the Closing Agent to include in the deed conveying such property language required by 42 USC 9620(h). Hazards resulting from petroleum and its bi-products and small quantities of stored waste are exempt from the CERCLA deed or lease provision requirement. In general, the deeds for such properties must contain the following information and lease agreements for occupied properties shall be amended in accordance with Section 1.3.27.9 (B) to contain the following information except for the clause (2):

(1) To the extent such information is available on the basis of the records search

i. Notice of the type and quantity of such hazardous substances,

ii. Notice of the time at which such storage, release, or disposal took place, and

iii. A description of the remedial action taken, if any;

(2) Unless the property is transferred to a person or entity who is a potentially responsible party with respect to the hazardous substances on such property, a covenant warranting that

i. All remedial action necessary to protect human health and the environment with respect to any such substance remaining on the property has been taken before the date of such transfer, and

ii. Any additional remedial action found to be necessary after the date of such transfer shall be conducted by the United States; and

(3) A clause granting the United States access to the property in any case in which remedial action or corrective action is found to be necessary after the date of such transfer.