UDEQ has a Brownfields tool known as an Enforceable Written Assurance (EWA), which allows the Executive Director of the UDEQ to issue an EWA to a bona fide prospective purchaser (BFPP). This term is defined by the federal Comprehensive Environmental Response, Compensation, and Liability Act and incorporated in the Hazardous Substances Mitigation Act (HSMA). The UDEQ will not bring an enforcement action under HSMA against the holder of an EWA, provided the holder continues to satisfy the ongoing obligations associated with the written assurance. The requirements for an EWA are outlined in R311-600 Utah Administrative Code. There is an application fee. The completed application and fee may be submitted to the Brownfields/VCP Program Coordinator.
DERR will not evaluate a bona fide prospective purchaser’s EWA application after an applicant has acquired an interest in the property so the EWA 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 time frames, so please contact the VCP/Brownfields coordinator for more information.
- AAI Checklist (105 KB)
- EWA Checklist (1 MB)
- EWA Common Issues Fact Sheet (117 KB)
- Enforceable Written Assurance Application-Bona Fide Prospective Purchaser (49 KB)
All Appropriate Inquiries
For further information on Brownfields or to submit an application please contact the Division of Environmental Response and Remediation VCP/Brownfields Program Coordinator at (801) 536-4100.