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.

PHASE I ENVIRONMENTAL SITE ASSESSMENT

1. Visual inspection of the subject property
   a. Inspection of the interior of the existing
   structures;
   b. Inspection of the exterior portions of the
   property;
   c. Limited inspection of surrounding properties.
2. Review of corporate records
   a. Interviews with subject property
   representatives;
   b. Audit of wastestream documentation .
3. Review of available Government documentation
   a. Audit of federal documentation
   (NPL, CERCLIS, ERNS, and RCRA TSDF
   generators);
   b. Audit of state documentation
   (Hazardous Waste Sites, SPDES, Spill Logs,
   360 Facilities, PBS, CBS, MOSF);
   c. Audit of county documentation
   (Health Department, Public Works, and
   Fire Department);
   d. Audit of municipal documentation
   (Building Department, Environmental Agency,
   Assessor's Office and Planning Department).
4. Aerial photographic interpretation
5. Review of private databases
   (Cole Directory and Sanborn Maps)
6. Geological background study
   (subsurface geology, hydrogeology)
7. Limited scope survey for lead containing paints
8. Limited scope identification of possible friable
   asbestos containing materials
9. Evaluation of factors obtained during the
   assessment (recommendations & conclusions)


General Terms and Conditions - Phase I ESA's
Environmental Compliance & Pollution Prevention Guide for Small Quantity Generators (PDF file,1422 K, 45 pages) - A summary of regulations for air, water, and hazardous waste and information on pollution prevention opportunities from the NYSDEC.

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