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DUE DILIGENCE
Environmental Site Assessment (ESA) for Property Transfer
How Does This Affect My Project?
Laws and Regulations
The Federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA), or Superfund legislation,
imposes landowner (owner/operator) liabilities with respect to the discovery
of hazardous substances on the subject property, regardless of who is at
fault.
Potentially significant financial liabilities can be incurred by landowners under CERCLA who purchase, lease, or otherwise have control of real property which has been contaminated by substances considered hazardous by the US Environmental Protection Agency (EPA). In order to provide an opportunity to reduce potential landowner liability, the Superfund Amendments and Reauthorization Act of 1986 (SARA) establishes the basis for "innocent landowner defense" that can limit the liability of a landowner who has made all appropriate inquiries into the environmental condition of the property for which they will have future "care, custody, and control". Prospective landowners who take adequate steps to comply with the intent of SARA can significantly reduce their potential liability for site remediation.
What is Involved in a Site Assessment?
The first step in site assessment is the Phase I
Environmental Site Assessment. The Phase I Environmental Site
Assessment entails a diligent and thorough review of historical land use
information, interviews with previous landowners as appropriate, and a
detailed site inspection to identify potential hazardous substances,
petroleum product spills, or refuse that could pose a health or financial
risk on the subject property. This investigation should meet or exceed ASTM
industry standards for due diligence to comply with the innocent landowner
defense to CERCLA liability on the subject property as defined in 42 USC 9601
(35)(B).
Phase I Detailed records search (historical land use) and site-specific investigation (site walkover).
Phase II Comprehensive environmental sampling, laboratory analysis, and alternative recommendations for remediation (if required).
Phase III Site remediation (if required).
Horizon's Phase I consists
of the following steps:
Historical Land Use Review
A historical land use review of the subject property and any improvements will be performed regardless of current ownership or title.
Review of Corporate and Governmental Records
A thorough review of corporate and/or governmental records related to the subject property will be performed.
On-site Investigation
A specific on-site investigation consisting of a pedestrian survey and, if justified by property size, an aerial survey, will be performed. Representative photographs of the subject property and adjacent properties will be taken to document conditions at the time of the on-site investigation.
Report
A written report will be prepared presenting the findings of the Phase I Environmental Site Assessment.
Over the years, "Special Resources" (other than site-specific hazardous substance aspects) that may limit or preclude the use of a given property have become included in many ESAs. Special Resources include Wetlands, Threatened or Endangered Species, and Cultural Resources. Horizon typically addresses these Special Resources in its Phase I ESAs.
ESAs performed by Horizon are conducted by
environmental professionals who have been registered by the National Register
of Environmental Professionals (NREP) or trained by the American Society for
Testing and Materials (ASTM). Horizon's specific Scope of Work and sources of
information reviewed during its Phase I work efforts include that specified by
the ASTM E 1527-00.
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