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Due Diligence/Phase I ESA

Commercial property transactions are usually preceded by a Phase I Environmental Site Assessment. Typical Phase I ESAs include three main steps:

  • Step 1: Regulatory Records Review

  • Step 2: Property History & Usage Research

  • Step 3: Site Inspection

 

We summarize Steps 1 through 3 in a comprehensive report, which identifies recognized environmental conditions that may constitute a potential liability.

 

  • A recognized environmental condition is defined by the American Society for Testing and Materials in Standard Practice E 1527-00 as 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.

  • Adherence to the ASTM Standard may permit the user to raise the innocent landowner defense if pollution is later found to be present on the subject property.

  • Recognized environmental conditions identified during Phase I ESAs can be further investigated through a variety of Phase II techniques, including:

· Soil Borings & Monitoring Wells
· Soil Gas Surveys
· Geophysical Surveys
· Test Pits
· Waste Characterization Testing