CCJM has performed numerous Environmental Site Assessments. The purpose of an Environmental Site Assessment (ESA) is to identify, to the extent feasible, any Recognized Environmental Conditions (REC) on the property and surrounding the properties. REC is defined 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 of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property." (ASTM E1527)
The ESA supports real estate transactions and potential future redevelopments. A properly performed ESA allows real estate buyers to avail themselves of the innocent landowner defense. Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund), the landowner is normally responsible for the contamination found on their property. One of the few exceptions to this rule is the innocent landowner defense (42 U.S.C. 9607 and 9601(35)). If "all appropriate inquiry" into past uses of the property and possible contamination have been made, then the owner will not be liable for costs and damages that may be assessed under CERCLA. Recent regulations affirm that a Phase I ESA performed according to ASTM E1527 meet the requirements for "all appropriate inquiry" (40 CFR 312).
The recommended procedure is a phased approach. The first step is a transaction screen (ASTM E1528). The transaction screen consists of a questionnaire that includes an interview with the owner, a site visit, and review of government records and historical sources. The transaction screen may be conducted by a prospective owner, a lender, or an environmental professional. If a transaction screen is conducted, on a pristine property, all questions may be answered in the negative and no further inquiry is necessary.
A Phase I ESA is a more comprehensive assessment and must be conducted by an environmental professional. A Phase I ESA report consists of four parts: area description including environmental conditions, environmental records review, historical records review, and a site reconnaissance. Area description typically includes site dimensions, surface features, and site drainage. Environmental conditions typically include information from: soil survey, flood data (i.e. relationship to documented flood planes), geology, groundwater, radon, and relationship to wetlands.
Environmental records review, are done in compliance with ASTM E1527 and includes at a minimum information from:
- National Priorities Lists,
- Comprehensive Environmental Response, Compensation, and Liability Information System,
- Resource Conservation and Recovery Information System-Treatment, Storage, and Disposal Facilities,
- Resource Conservation and Recovery Information System-Large and Small Quantity Generators,
- Resource Conservation and Recovery Information System-Corrective Action Activity,
- Emergency Response Notification System,
- Solid Waste Facilities,
- State Registered Underground Storage Tanks and Leaking Underground Storage Tanks, and
- State Hazardous Waste Sites.
Historical records review includes information from:
- Local government records review,
- Aerial photographic review, and
- Sanborn Fire Insurance Rate Maps.
A site reconnaissance at a minimum lists:
- Hazardous substances in connection with identified uses;
- Evidence of hazardous substance use such as empty containers;
- Aboveground or Underground Storage Tanks;
- Indications of PCBs;
- Indications of Solid Waste Disposal; and
- Physical setting analysis to determine migration of hazardous substances.
Where REC are suspected, a Phase II ESA may be required. A Phase II ESA is a more detailed investigation requiring sampling and analysis (ASTM E1903). The purpose of the Phase II ESA is to estimate the nature and extent of contamination and to provide to the basis for a preliminary assessment of the cost for corrective action. CCJM has extensive experience in sampling soils and groundwater, analysis of laboratory data, and environmental engineering including the design of remedial actions. CCJM has a large advantage over firms that specialize only in Phase I ESAs. They have the experienced staff to take a site from the Phase I ESA through to the final cleanup.