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Phase 1 Site Assessments

If you’re considering purchasing real estate and need to conduct a Phase 1 environmental site assessment (ESA) you have come to the right place. A Phase I ESA is an essential element of obtaining bona fide protective purchaser (BFPP) protection under the federal Superfund Act. Choosing the right environmental consultant for the job is key.

Find A Reputable ESA Firm

What should I look for in an environmental consultant?

 

When requesting quotes for service, you may want to ask the potential consultant about their firms:

Professionalism

whether their staff meet the professional qualifications required in your state. (e.g. whether any of their staff are licensed and registered as professional engineers and/or registered as hydrogeologists with your state).

Experience

how many years of experience; how many similar investigations and cleanups they have completed in your state or elsewhere (cleaning up a leaking petroleum tank can be very different from cleaning up hazardous waste).

Insurance

what level of insurance they carry for errors, omissions, and liability.

Follow Through

whether they will help prepare requests for reimbursement if your cleanup is eligible.

A Phase 1 ESA that meets to the appropriate level of “due diligence” as specified in ASTM-E-1527-13 includes the following:

– Database and records review of all available sources in federal, state, county, and municipal records of recognized environmental conditions.
– Historical land use research.
– Site inspection that includes surrounding properties.
– Interviews with the property owner, occupants, and all possible neighbors.
– Obtaining any previous documents such as Phase 1 ESA, Business Plans, Permits, or any other documents that may have environmental significance.
– Pictures of the property and surrounding property.
– Geologic characteristic of property, soils, surface, and groundwater (i.e. topographic maps).
– Aerial photographs and Sanborn Maps as available.
– Other relevant documents such as tax maps, title records, zoning, and land use records, building department records.
– Records review of environmental records at county and state level

The completed Phase I ESA Report will identify all known or suspected hazardous material or petroleum product releases with recommendations for sampling/testing and analysis (referred to as Phase II).

Phase I should not provide recommendations. The decision to perform a Phase 2 can be discussed outside of a Phase 1 report. A Phase II collects soil, groundwater, or surface water for sampling/testing and analysis.