A Phase I Environmental Site Assessment (ESA) follows
the American Society of Testing and materials (ASTM) guidelines
known as ASTM-E-1527-05 Standard for Phase One Environmental
Site Assessments (ESA).
This standard is intended for Commercial Properties to
identify possible environmental risks of a particular
site and surrounding sites. There is also a less intrusive
commercial property investigation known as a Pre Phase
1 Environmental Site Assessment also known as a Transaction
Screen. This Transaction Screen is known as ASTM-E-1528-06
Standard Practice for Limited Environmental Due Diligence:
Transaction Screen Process. This transaction screen is
less detailed than the Full Phase I ESA, and is intended
to be for property transfers where there is no real concern
about pollution liability – generally referred to as “low
risk properties”.
Only
a full Phase 1 Environmental Site Assessment (ESA) will
satisfy the liability protection under CERCLA for “recognized
environmental conditions”.
ASTM defines “recognized environmental condition” as
the presence or likely presence of hazardous substances
and petroleum products on a property under conditions
that indicate an existing release, a past release or a
material threat of a release into ground, groundwater
or surface water.
Why do a Phase 1 Environmental Site Assessment (ESA)?
Federal,
State and local laws make the current and prior property
owners liable for the cost of cleaning up contaminated
soils, groundwater and surface water. If you are buying
– or financing – a property, you would want to know if
any contamination or hazardous conditions exist on a property
before the transaction since you may be paying the cost
of clean-up, clean-up may not just be on your property
but any other property including surface and groundwater
that may have originated on your property. This is why
a Phase I Environmental Site Assessment (ESA) is so important.
A full Phase 1 Environmental Site Assessment (ESA) that
conforms to the appropriate level of “due diligence” as
specified in ASTM-E-1527-05 includes the following:
- Thorough database/records review of all available
sources in Federal, State, County and municipal records
of recognized environmental conditions.
- Historical land use research.
- Site inspection including surrounding properties.
- Interview with property owner, occupants and possible
neighbors.
- Documentation questionnaire.
- Obtaining any previous Phase 1 ESA’s, Business Plans,
Permits or any other documents that may have environmental
significance.
- Photographs of property and surrounding property.
- Geologic characteristic of property, soils, surface
and groundwater (i.e. 7.5 minute topographic maps).
- Aerial photographs and Sanborn Maps as available.
- Other relevant documents such as tax maps, title records,
zoning and land use records, building department records
(as reasonably available).
- Comprehensive report outlining findings of all above
items.
The comprehensive Phase I Environmental Site Assessment
(ESA) Report will indentify all known or suspected hazardous
material or petroleum product releases with recommendations
for sampling and analysis (referred to as Phase II) and/or
remediation/clean-up (Phase III).
Often Phase II or Phase III recommendations are not possible
until the previous phase has been completed. Thus a Phase
II soil, groundwater or surface water sampling and analysis
cannot be developed until the Phase I Environmental Site
Assessment (ESA) has been completed. Likewise a Phase
III – clean-up remediation cannot be developed until the
Phase II Testing is complete.
Some of the most unlikely items found
during a Phase I ESA are (but not limited to):
- Underground storage tank (UST) spill or leakage from
gas stations or commercial fuel tanks.
- Surface and subsurface contamination due to commercial
activities as chemical production, junk yards, service
stations, leaking surface contaminants
- Stack or uncontrolled air emissions that settle on
soil, drainage area, or surrounding properties.
- Illegal dumping of waste material including chemicals,
fuels, oils, asbestos, lead and radioactive materials.
The most common reasons for a Phase 1 ESA or a transaction
screen include:
- Purchase or sale of a property.
- Financing of a commercial property.
- Re-Financing or second mortgage of a commercial
property.
- Change in use of property such as from farmland
to school/daycare/playground/park/golf course
etc.
- Evidence of clandestine (illegal) dumping, spills.
- Follow-up after flood where sewerage, chemical,
or fuel release is suspected.
Due to liability concerns and protection from CERCLA
Liability – Transactions Screens are not used very often
– and only when the involved parties clearly understand
that there is only limited liability protection. As an
ethical matter, Atlantic Environmental, Inc. generally
recommends a Full Phase I Environmental Site Assessment
according to ASTM-E-1527-05 rather than the more limited
Pre-Phase 1 according to ASTM-E-1528-06.
Contact our headquarters office, further details, quotes
or references, please contact Robert Sheriff directly
at 1-800-344-4414.
Atlantic Environmental Inc
2 East Blackwell Street
Dover, NJ 07801
(800) 344-4414
(973) 366-4660
(973) 366-3116 Fax
info@atlenv.com
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