Taken from a previously
published article in our newsletter:
Owning a commercial or industrial building can present unexpected
environmental liabilities. A property owner is ultimately
responsible for the environmental condition of the property which
includes contamination caused by past or current tenants. Most of
these environmental concerns and potential liabilities are unknown
until a Phase I Environmental Site Assessment (ESA) is performed.
Unfortunately, a Phase I ESA is typically driven by...
So I started to write more about
the new Continiuing Obligations Standard and how it pertains to new
transactions, Phase 1 Environmental Site Assessments and liability
protections and then I realized that one of my stellar Senior
Project Managers here at August Mack had already done so! I
figured, why write about it again when he already did an amazing
job of it in our September (monthly) Newsletter.
Check it out at www.augustmack.com/Newsletter/2011/September/Article0321.html
Check it out at www.augustmack.com/Newsletter/2011/September/Article0321.html
Looks like there is development in the works for a new ASTM
standard for methane hazard mitigation practices (WK32621).
It will be interesting to see how/if this will be incorporated into
risk management policies for environmental due diligence. What
immediately comes to mind are the numerous landfill facilities that
are often identified in close proximity (sometimes adjacent) to a
study site during a Phase I Environmental Site Assessment.
Dry cleaning facililties routinely
are a source of concern while performing environmental site
assessments due to the invasive and carcinogenic effects of the
solvent used in the process. Tetrachloroethylene (also known as
perchloroethylene, perc, or PCE) can easily migrate through soil
and groundwater, and has been the topic of much controversy,
specifically as it pertains to environmental due diligence.
With all that is known about the harmful effects of perc, many
states are working to ban...
Read More »Taken from our newsletter
files:
Vapor intrusion (VI) is one pathway for building occupants to come
in contact with chemicals of concern, occurring when vapors from
contaminated soil and/or groundwater migrate into the indoor air of
overlying structures. The American Society for Testing and
Materials (ASTM) Standard Practice for Assessment of Vapor
Intrusion into Structures on Property Involved in Real Estate
Transactions E 2600-08 has been developed based on an industry
need to address the VI...
As I've promoted to a position of management, I find myself
conducting fewer and fewer Environmental Due Diligence Assessments.
For logisitical and fiscal reasons, it only makes sense that
managers and EPs will have less time with boots on the ground in
the field, and more time keeping projects moving, reviewing reports
for content and issues, and communcating with clients.
However, I do find it important at least once a month to keep a Phase I Environmental Site Assessment (ESA), Modified Phase...Read More »
However, I do find it important at least once a month to keep a Phase I Environmental Site Assessment (ESA), Modified Phase...Read More »
Phase 1 Site
Assessments are done for a number of reasons. Below are
common examples of why you would order a Phase 1:
- Purchase of real property (property or personal property) by a person or entity not previously on title
- Contemplation by a new lender to provide a loan on the subject real estate
- Partnership buyout or principal redistribution of ownership
- Application to a public agency for change of use or other discretionary land use permit
- Existing property owner's desire to understand toxic...
I have been reminded lately that
conducting a Phase One Environmental Site Assessment is not
just useful for the purchaser of a property. Being proactive when
preparing to sell is as good a time as any to complete this
study.
Add value to your property by having the study completed by a third party and ready for review by interested buyers and lenders. This is particularly helpful when the site in question is an existing commercial or industrial site. It limits the occasion of being surprised by...
Read More »Add value to your property by having the study completed by a third party and ready for review by interested buyers and lenders. This is particularly helpful when the site in question is an existing commercial or industrial site. It limits the occasion of being surprised by...
Federal Court of Appeals Rules Landowner Not Entitled to
Common Law Indemnification
-by Bill Wagner
Great article on why a Phase 1 Environmental Site Assessment is so important!!!
by Bill Wagner of Taft Law on the EDR Commonground Blog
"A federal Court of Appeals recently held that a landowner who expressly warranted in his sales contract that his property was not contaminated and breached the warranty through no fault of his own, was not entitled under Illinois law to common law... Read More »
-by Bill Wagner
Great article on why a Phase 1 Environmental Site Assessment is so important!!!
by Bill Wagner of Taft Law on the EDR Commonground Blog
"A federal Court of Appeals recently held that a landowner who expressly warranted in his sales contract that his property was not contaminated and breached the warranty through no fault of his own, was not entitled under Illinois law to common law... Read More »
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New SBA Environmental Policy in Effect Today, Banks Vow to Increase Small Business Lending Author: Dianne P. Crocker (dcrocker@edrnet.com) |
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It is very important, and most times required, by lenders to have a Phase I Environmental Site Assessment (ESA) performed prior to a property transaction. The purpose of an ESA is to identify environmental risks associated with the property and to protect against liability related to existing site conditions. However, there are a number of environmental considerations which are outside the scope of a Phase I ESA; commonly referred to within an ESA as “non-scope considerations.” These additional...
Read More »In today’s market, August Mack understands the need for your organization to stay competitive in today’s market and our online Phase I ordering system can help you accomplish this goal. Unlike some of our competitors, our online ordering system can offer you an instant and cost-effective quote for a Phase I Environmental Site Assessment. This process allows us to offer you the best price and also allows us to get started immediately on completing your site assessment and provide you with a...
Read More »One of my recent posts discussed
the varieties of social media
marketing. Through all of my reading,
research, tweeting and blogging, a reoccuring theme keeps coming
up: If you aren't using social media marketing to promote yourself
and others, you're doing it wrong!
So with that in mind, I need to give a BIG public THANK YOU to one of the awesome senior managers at my office, Brian Wilson. I came down with a heinous cold the day before I was to give a webinar on "Addressing Vapor Intrusion...
Read More »So with that in mind, I need to give a BIG public THANK YOU to one of the awesome senior managers at my office, Brian Wilson. I came down with a heinous cold the day before I was to give a webinar on "Addressing Vapor Intrusion...
Preparing for my webinar on
"Addressing Vapor Intrusion during a Property Transaction," I ran
across an ASTM article that gave a great basic snapshot of the
four tiers involved in conducting a vapor intrusion assessment. I
have copied an exerpt below, but you can find more information at
www.astm.org.
Anthony J. Buonicore, chair of ASTM Task Group E50.02.06 on Vapor
Intrusion, says E2600 defines good commercial and customary
practice for conducting a vapor intrusion assessment on a...
While waiting on my client
appointment recently at a local breakfast place, I was
listening in on a neighboring table's conversation.
(Rude I know, but they weren't exactly whispering)
As soon as the word environmental was mentioned during
their chat, my ears perked up. One of the gentleman was
speaking about a recent project they were working on for
development and discussing the environmental considerations and
review that had to be completed prior to breaking ground. He
said that they had...
August Mack Environmental has
experts that perform hundreds of Environmental Site
Assessments. We have performed work in 40+ states and much of
this work includes due diligence related to environmental
assessments in real estate transactions. August Mack provides the
commitment to complete these projects in a timely fashion which is
usually of utmost importance.
Back when I began this
blog with a glossary of terms commonly used in Phase 1
Site Assessments, I failed to include the definition of an
Environmental Professional (or EP (as defined by ASTM
1527-05).
A person meeting the education, training, and experience
requirements as set forth…
|
Professional/Educational Qualifications |
Relevant Experience |
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PE or PG license/registration |
3 years |
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Federal or state license/certification to perform environmental inquiries |
3 years |
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B.A./B.S. degree or higher in... |
If you have EH&S problems that
need to be solved, call Tom Anderson at 317.916.3105 and he will
direct you to the resources to get your problem solved. Whether you
need to look at sustainability solutions, have a Phase I
Environmental Site Assessement completed, or are looking for
someone to help develop your lockout/tagout program, we have the
resources.
I have been spending my summer working in the transaction department mostly assisting with and participating in Phase I Environmental Site Assessments (ESAs). I recently assisted in historical research for a report on a property in downtown Indianapolis. My research included putting together and reviewing historical Sanborn fire insurance maps, and historic city directories for the property as well as surrounding properties at the state library. I was specifically looking for historical...
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 »
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