Phase I Environmental Site Assessments
A Phase I Environmental Site Assessment (ESA) is crucial for establishing a SARA innocent landowner defense. Only a thorough ESA will provide adequate liability reduction.
An appropriate Phase I ESA, conducted according to industry standards (ASTM E 1527-05), consists of the following:
• A visual inspection of the subject property and contiguous properties by a qualified individual to identify areas of concern and/or potential problems concerning the storage, handling, and disposal of hazardous substances.
• A review of historic public and private database listings to determine the historic uses of a property. This often includes the review of local, state, and federal government agency records, reverse telephone directories, and fire insurance maps.
• A review of local and regional geological parameters to provide clues regarding expected ambient conditions on a property.
• Insightful, straightforward recommendations and a concluding statement. This statement should either specify additional tasks which need to be performed to determine if a property is contaminated (Phase II ESA) or state that a property is clear of environmental liability, thus allowing an individual to conclude a transaction under the protection offered under SARA.
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