Phase I Environmental Site Assessments
Phase I environmental site assessments (ESAs) have become essential for evaluating environmental liability concerns in real estate transactions. Phase I ESAs satisfy one requirement to qualify for the “innocent landowner” defense from CERCLA liability. Horizon Environmental follows the federal “all appropriate inquiry” requirements (40 CFR Part 312) for Phase I ESAs that are designed to identify conditions indicative of releases and threatened releases of hazardous substances on, at, in, or to a subject property. Compliance with the federal “all appropriate inquiry” requirements is accomplished by following the 2005 Phase I ESA standards of the American Society for Testing and Materials which are designed to identify recognized environmental conditions (RECs) in connection with the subject property.
A recognized environmental condition is the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, ground water, or surface water of the property. The term includes hazardous substances or petroleum products even under conditions in compliance with laws.
The scope of work for a Phase I ESA includes a records review; an on-site inspection of the subject property; visual reconnaissance of the adjoining properties; interviews with present and past owners, operators and occupants of the property, as necessary; interviews with local government officials; the evaluation of information obtained from these sources; and, preparation of a report.
If a Phase I ESA identifies RECs which warrant further investigation, a Phase II ESA will be recommended.
For more information email Karen Hathaway or call her at our Grand Rapids office - (616) 554-3210.
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