There are several types of environmental due diligence assessments routinely conducted during the course of commercial property transactions. The assessments can range from something as simple as a desktop environmental records review, to an American Society for Testing and Materials (ASTM) E1527-05 compliant Phase I Environmental Site Assessment (ESA) performed following U.S. Environmental Protection Agency’s (EPA) All Appropriate Inquiry (AAI) guidelines. The type of environmental assessment...Read More »
Landowner Liability Protections (LLPs) under CERCLA include the following:
- Bona Fide Prospective Purchaser Liability Protection,
- Contiguous Property Owner Liability Protection, and
- Innocent Landowner Defense
Need an All Appropriate Inquiry (AAI) compliant Phase I Environmental Site Assessment to qualify for one of these LLPs? Call 800.579.0770 and ask to speak to one of the environmental assessment consulting experts at August Mack Environmental.
During Phase I Environmental Site Assessments (Phase I ESAs), we often encounter underground hydraulic lifts (or cavities where they once existed) at automobile repair facilities. To alleviate concerns with hydraulic oil releases associated with underground lifts, make sure to take appropriate soil and groundwater closure samples when removing old underground lifts. If subsurface sampling is not conducted during the lift removal, a Recognized Environmental Condition (REC) may be identified...Read More »
Activity and use limitations (AULs) are an explicit recognition by a federal, state, or local regulatory agency that residual levels of hazardous substances or petroleum products may be present on a property, and that unrestricted use of the property may not be acceptable.
The user(s) of a Phase I Environmental Site Assessment is required to search land title records and judicial records in order to identify AULs and environmental liens against the property. However, August Mack is happy to...Read More »
When a property is undergoing a transaction (e.g., sale, refinance, foreclosure), a Phase I Environmental Site Assessment (ESA) is conducted to identify any potential liabilities associated with past or present use of the property. The industry standard for performing Phase I ESAs is based on the American Society for Testing and Materials (ASTM) Standard E 1527, which specifies industry-accepted minimumrequirements for evaluating the environmental condition of a property. The Phase I ESA is...Read More »
Are you involved with a property that has environmental concerns or Recognized Environmental Conditions (RECs) associated with it? Whether the environmental concerns were identified in a Phase I Environmental Site Assessment or another type of site assessment, August Mack Environmental can help!
Our extensive experience with subsurface investigations can help confirm or disprove suspected environmental concerns and remediate environmental contamination. For more information, call 800.579.0770 and...Read More »
A Business Environmental Risk (BER) is a risk that can have a material environmental or environmentally-driven impact (usually financial) on the business associated with the current or planned use of a parcel of commercial real estate. BERs can be identified through the Phase I Environmental Site Assessment (Phase I ESA) process, and are often associated with non-scope considerations.
Let August Mack help you identify BERs when purchasing your next piece of commercial real estate. For...Read More »
Following are several Phase I Environmental Site Assessment non-scope considerations that August Mack has assessed in connection with our clients' commercial real estate transactions:
- Asbestos-Containing Building Materials
- Lead-Based Paint
- Lead in Drinking Water
- Regulatory Compliance
- Cultural and Historical Resources
- Industrial Hygiene
- Health and Safety
- Ecological Resources
- Endangered Species
- Indoor Air Quality
For more information, call 800.579.0770 and ask to speak to one of the...Read More »
A Phase I Environmental Site Assessment (Phase I ESA) is valid within 180 days of the report date. If the commercial property transaction occurs beyond 180 days, but prior to one year of the report date, the original Phase I Environmental Assessment is only valid provided that the following components be UPDATED within 180 days of the intended transaction:
- Interviews with owners, operators, and occupants
- Environmental cleanup lien searches
- Review of regulatory databases
- Visual inspection of...
The primary purpose for most of August Mack’s newsletter articles is to provide useful information related to environmental, health & safety issues. Many times this will take the form of discussing existing, new or proposed regulations. Or it could describe an approach or technology to solve an environmental or safety problem. But as I travel to and visit many of our clients, I realize that many clients have put us into a “box of services” and don’t realize the full breadth of our expertise...Read More »
During Phase I Environmental Site Assessments (Phase I ESA), we often encounter concrete holding tanks that accept discharge from floor drains located in car wash bays, automobile service garages, etc. To prevent holding tank contents from impacting the soil and/or groundwater beneath your commercial property, make sure to:
- Prevent hazardous materials/petroleum products from entering floor drains
- Hire a waste service company to REGULARLY pump out floor drains/holding tanks and properly dispose of...
Register here for the free August Mack webinar tomorrow titled "The Importance of Evaluating Operational Compliance During Traditional Environmental Due Diligence." Traditional Environmental Due Diligence typically consists of a Phase I and II Environmental Site Assessment. The goal of the Phase I/II is to identify and quantify environmental liabilities associated with the real estate. In some situations, like Private Equity investment or Mergers and Acquisitions, the “deal” includes purchase...Read More »
August Mack Environmental's 1,071st job awarded this year was by a bank in Pennsylvania. August Mack has an office located in Lancaster, Pennsylvania. This job was for a Phase I Environmental Site Assessment.
August Mack Environmental, Inc. has been awarded over 1,200 jobs so far this year. August Mack's 810th project was awarded in Lancaster, Pennsylvania in which August Mack performed a Phase I Environmental Site Assessment for a commercial real estate company. August Mack Environmental has an office located in Lancaster, Pennsylvania. More project updates to come!
Register here for the free August Mack webinar on Thursday, September 6th at 10:00 a.m. titled "The Importance of Evaluating Operational Compliance During Traditional Environmental Due Diligence." Traditional Environmental Due Diligence typically consists of a Phase I and II Environmental Site Assessment. The goal of the Phase I/II is to identify and quantify environmental liabilities associated with the real estate. In some situations, like Private Equity investment or Mergers and Acquisitions,...Read More »
Part of the best practices for the due diligence process when purchasing property is to consider having an Environmental Site Assessment completed. August Mack Environmental literally performs hundreds of these types of assessments every year. Many times we work directly for the bank or financial institution loaning the money for the transaction. Other times we work directly for the purchaser. If you are need help in this area, call Kent Johnson at 317-916-3177.
What is a common thread between a bank, a foundry, an attorney and a hospital? They are all August Mack Environmental clients! August Mack has hundreds of clients from all sorts of businesses. Our expertise of the EH&S issues with these various types of clients has allowed us to help solve their problems when it comes to EH&S issues. Whether it is helping in the due diligence process by performing a Phase I Environmental Site Assessment or obtaining an air permit for industrial facility, we...Read More »
The preliminary stages of environmental due diligence associated with a commercial real estate transaction often identifies environmental concerns or recognized environmental conditions (RECs). At August Mack, after initial environmental concerns have been identified we are often asked, “what is the next step?” Whether initial environmental concerns were identified in a Phase I Environmental Site Assessment (Phase I ESA), Modified Phase I ESA, or Records Search with Risk Assessment, a Phase II...Read More »
Our office in Ohio does a wide variety of EH&S projects. But one project type that we do lots of is the Phase I Environmental Site Assessment. By the end of the year, we will have performed several hundred of these projects. This helps our clients understand and minimize their risk related to property transactions. If you are in need of having a Phase I performed, call Eric Cooper in our Ohio office at 614-798-9922.