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Is a Phase I Environmental Site Assessment Really Necessary?

Did you inherit a contaminated industrial site in a merger or are you interested in purchasing a commercial property? Well, if you haven’t purchased the property yet — you’re in a good place. However, let’s say you buy a site, and later find out it’s contaminated. That likely means you didn’t get a Phase I Environmental Site Assessment completed and that you are currently liable for an environmental mess you didn’t create. You wouldn’t buy a used vehicle without looking at the CARFAX, close on a home without it first being inspected, and hopefully wouldn’t hire a babysitter to look after your child without first obtaining a background check.

In the same vein, Phase I Environmental Site Assessments are an essential step for most real estate transactions or transfers of commercial property. It’s a property evaluation conducted in accordance withASTM Standard E1527-13and rules and regulations of EPA’s All Appropriate Inquiry (AAI)确定存在识别的环境条件(REC)的存在,这些条件(REC)可以为卖方或买方创造责任。该意见来自一个独立于买方或卖方的利益的缔约方,如果在I eSA期间没有发现任何内容,那么通常没有必要的II期评估。然而,如果发现潜力或现有的污染,则可以进行阶段II以确定对物业的影响的存在和程度。

什么包含在一期I?

  • 历史地图和空中照片,城市目录列表,建筑许可和监管记录等网站的历史研究
  • Public Information Requests to the local government
  • 物业地质,水文地质和地形特征
  • Regulatory research with federal and state agencies
  • A physical site inspection
  • Interviews with the purchaser, the current property owner, state and local regulators, and anyone who may have knowledge about the current and historical use of the property and any pertinent environmental records.

What Do You Look for During a Site Visit?

虽然依赖该物业,环境检验员将在很大程度上寻求识别污染的污染或潜力。这可能包括可能在地上或地下储罐(ASTS或UST)的区域;处理,使用或储存危险材料或石油产品;释放土壤,混凝土或苦恼植被的释放证据;或者在危险物质或石油产品可以达到地下的混凝土中的裂缝。获得物业的安全数据表(SDS)是良好的做法,以了解他们存储的化学物质,它们将它们存储(地面或辅助容器)以及在物理检查该网站之前产生的废物流。

How May Site Assessments Differ?

Environmental site assessments may look slightly different depending on the client or specific requirements of the lender. For example, mold, lead, and asbestos are not required and are typically not included in Phase I ESAs, but can be considered additional scope items if desired by the client. Additionally, there are requirements under the Department of Housing and Urban Development (HUD) and the Small Business Administration (SBA) that each has its own internal standards for Phase I ESA reports that build upon the ASTM and existing federal standards. Examples of issues that may be required in a HUD environmental assessment include evaluating the presence of wetlands, floodplains or endangered species on or near the site.

Contact Our Environmental Consultants

Hiring qualified professionals to provide accurate data and reporting saves the potential for major risk down the line. Braun Intertec has a great track record in real estate due diligence, remediation and closure projects and has environmental professionals specializing in Phase I Environmental Site Assessments. If you have questions or would like assistance, please give us a call or click the link below to fill out our Contact Us form.