Real Estate Liability Assessments

Real estate liability assessments have become a necessary step for lenders, property owners, and prospective buyers to determine potential environmental liabilities associated with real estate transactions. The general approach recognizes two phases of environmental assessments.

Phase I Environmental Site Assessments

A Phase I assessment is usually conducted when a general review of the property is required and there is no reason to suspect the presence of hazardous materials, either on the site or in the building which may occupy the property. The Phase I assessment may include:

• Search of federal, state and local records indicating past uses and ownership of the site;
• Review of current operations at the site and chemicals which may be utilized or produced;
• Investigation of regulatory agency records to obtain copies of permits, violations and similar documents. This will include any underground storage tank and aboveground storage tank, which may be present.
• Interviews with existing and past owners, tenants, neighbors, etc.;
• Obtaining copies of site maps and aerial photographs (if available);
• Review of information on water table, nearby water wells and water quality results;
• Investigation of Geology/Hydrology;
• Review of the environmental impact of surrounding properties

Phase II Subsurface Soil and Groundwater Investigation

Based on the final results of the Phase I assessment, and visual observations, an informed judgment can be made as to the potential for significant environmental concerns as well as the need for additional assessment.

A Phase II assessment is the follow-on action to a Phase I assessment which has raised potential questions concerning possible contamination. Tasks may include:

• Inspection, sampling and analysis of buildings for asbestos-containing building materials and radon gas;
• Leak testing of underground storage tanks. If found leaking, borings around the tanks to obtain samples for analysis;
• Investigate physical evidence of environmental impairments from UST’s, soil or water contamination from source property or adjacent properties and rights of way;
• Obtaining and testing samples of groundwater from the site, if at shallow depths, or from nearby wells;
• Obtaining copies of site maps and aerial photographs (if available);
• Soil sampling, including borings to depths as required, and analysis for the presence of hazardous materials, which have been utilized on or near the site;
• Other sampling, testing and analyses as may be warranted;
• Interpretation of data.