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Phase I - Due Diligence - Environmental Site Assessments

WHO NEEDS An Environmental Site Assessment: Phase I

Owner/Operators that intend to apply liability defenses must complete the Phase I or Due Diligence is completed to satisfy one of the requirements to qualify for the liability defense:

1. Innocent Landowners (Owner/Operator)
2. Contiguous Property Owner
3. Bona Fide Prospectus Purchaser
4. Application for EPA Brownfield's Grants

PURPOSE OF PHASE I

The Phase I uses requirements of ASTM E1527-05 and 40 CFR 312 is required to find:

1. Recognized environmental conditions means presence or likely presence of any hazardous substances and/or petroleum products.
2. All appropriate inquiry for other state, local laws and federal laws.
3. Brownfield’s grants, you must also look for controlled substances that could be at the property.

WHAT WILL YOU GET WITH THE PHASE I
Four Components that must be included:

1. Records Review, historical sources and records from federal, state, and local government records, UST records, and Hazardous Waste handling, treatment, storage, disposal and spill records.
2. Site Reconnaissance, visual inspection of the facility and adjoining property.  Includes geological concerns, general description of property, storage tanks, pools of liquids.
3. Interviews, past and present owners, operators, and occupants of facility.
4. Report
5. If Brownfield’s Grants, then research on history of controlled substances must be reviewed.
6. No bulk sampling of materials, this could be recommended for the Phase II.

WHY YOU MIGHT WANT TO HAVE A PHASE I
This is something you want before your purchase the property. Financing companies will want this before approving the financial agreement.

1. Obtaining a new commercial or industrial property
2. Expanding your current facility by obtaining adjoining property.
3. Expanding your current operations by leasing additional property.
4. Leasing your facility property to another industrial/commercial enterprise.
5. Refinancing your operations budget.
6. A government agency may condemn property for local government buildings.
7. Recovering a property for delinquent obligations (back taxes).
8. Obtaining a Brownfield’s grants for assistance in a hazardous substance clean-up.

ADDITIONAL ITEMS ON PHASE I that may be requested: