Prospective Purchaser Agreement Fees
ADEQ charges certain initial fees to cover its direct and indirect costs of drafting a PPA. For property listed on the Water Quality Assurance Revolving Fund (WQARF) registry, an applicant shall pay (1) an initial nonrefundable charge of $2,500 (this charge covers up to 34 hours of ADEQ staff time), (2) an hourly charge of $73.00 for all time in excess of 34 hours, (3) the cost of publishing the notice seeking public comments. For property that is not listed on the WQARF registry, an applicant shall pay an initial nonrefundable charge of $3,600 (this charge covers up to 49 hours of ADEQ staff time) and the other charges listed above.
Required Statements and Information in a PPA
- A statement that the property is or is not within a site listed on the WQARF registry.
- A statement that identifies the current seller/owner of the property.
- A statement that identifies, if known, all past owners and operators of the property.
- A statement that the applicant is not liable for an existing or threatened release of a hazardous substance at the property.
- If the applicant is a business entity, a statement concerning ownership of the applicant, including affiliations, interests and status of incorporation, if applicable.
- A statement that the applicant is not affiliated with any person who may be responsible for the contamination through any familial relationship or any corporate or contractual relationship other than a contract to protect a security interest.
- Information concerning the proposed redevelopment or reuse of the property.
- A statement that the proposed redevelopment or reuse of the property will not contribute to or exacerbate the contamination or unreasonably interfere with remedial measures necessary at the property or cause the contamination to present a substantial health risk to the public.
- A statement that fully identifies the extent of the contamination at the property.
- Identification of the proposed substantial public benefit | Learn more >
Exhibits to a PPA Application
- A copy of the deed that sets forth the legal description of the property.
- A map depicting the location of the property.
Additional Documents to Be Submitted
- Documentation that supports the applicant's statements regarding the extent of the contamination at the property.
- If the applicant is a business entity, documents that show the legal formation or organization of the entity (e.g., articles of incorporation, L.L.C. articles of organization and operating agreement, or partnership agreements, etc.).
- Documentation that identifies the local planning and zoning authorities with jurisdiction over the property so that ADEQ may identify and consider the reasonably anticipated future land uses at the property and surrounding properties.