Environmental Site Assessment

Identifying potential environmental liability

Shalim Uddin

The prime objective of the Environmental Site Assessment (Phase I) is to identify the environmental liability, or potential environmental liability, of the property under assessment. According to the American Society for Testing & Materials (ASTM), recognition of environmental conditions on the site means identifying any hazardous materials or petroleum products present on a property under conditions that would indicate an existing release, a past release, or the material threat of release of these substances into structures on the property, the ground, ground water, or surface water of the property. The assessment also evaluates environmental liabilities associated with real property acquisition and ownership. Information obtained through environmental site assessments can greatly influence the real estate property value. A Phase I Environmental Site Assessment (ESA) includes special knowledge obtained about the property from present and former owners and managers. Particular knowledge regarding property assessment consists of reviewing records or documents such as a fifty-year title search, aerial photographs and fire insurance maps. Other records such as regulatory databases are reviewed during the site assessment. To determine whether contamination may have migrated onto the subject property from a neighbouring property, or surrounding properties, is also considered in the inquiry. A site reconnaissance is performed to visually assess recognised environmental conditions and to make note of them, if present, and to photographically document such conditions should they exist. Photographs are taken inside the buildings, with attention to the presence and use of chemicals. Outdoor photography of the site is performed to evaluate the presence of chemicals, chemical staining, tanks, and drums. The property is observed for dumping areas, including pits, ponds, lagoons, and sumps, for chemical spill areas, and environmentally stressed areas, if present. Photographs of the adjoining properties from exterior boundaries are taken in order to assess the possibility of potential environmental conditions originating from surrounding properties with relation to property usage. An interview of the site owner or responsible manager is conducted in order to determine historical use of the property as well as the adjoining properties, current use of the property, presence of chemicals, waste disposal practices, and knowledge of environmental liens and administrative procedures regarding the property. The available personnel employed at the property are asked about the above matters. Interviews of local government officials are conducted regarding hydro-geologic and hydrologic conditions of the area. An official in the responsible department is contacted regarding the presence of wells used for drinking water, and knowledge of pollution regarding the local water supply. An official at the Department of Environment (DoE) is also contacted and questioned about any polluting activities originating from the property. Government record sources are researched through database analysis to determine if the property was included in any of the following government records, or if the property is in proximity to a property included in any of the following government records: hazardous waste generators and transporter list, state list of hazardous waste sites identified for investigation or remediation, list of state landfill and/or solid waste disposal sites, list of toxic spills (including leaking underground storage tanks), and list of district registered underground storage tanks. An aerial photography series and Sandborn maps are obtained to construct a historical analysis of the property and adjoining areas. Contaminants may migrate through surface water, groundwater and air depending upon topography, hydrology, and hydro-geologic conditions of the properties. Physical testing of the soil, water, and air are definitive methods for confirming the presence or absence of contaminants within the limits of detection of a testing procedure. When an assessment is completed without adequate sub-surface exploration, or chemical screening of soil and groundwater beneath the site, as in this study, no statement of scientific certainty can be made regarding latent subsurface conditions that may be the result of on-site or off-site sources. The findings and conclusions of the report are not scientific certainties, but rather, probabilities based upon professional judgment concerning the significance of the data gathered during the course of the environmental site assessment. The site reconnaissance is carried out through observing the exterior conditions by walking around the perimeter of the property, and then by observing building interiors with attention to chemicals present, their storage and the presence of any areas, indoors or outdoors, which looked like potential areas of chemical disposal. Based on a properly executed Phase I report, a Phase II report is prepared, which consists of 1) the physical sampling of the site, using the recommendations of the Phase I report as a minimum guideline; and 2) a comprehensive written report detailing the rationale for the sampling that took place, the sampling protocols and procedures employed, an explanation of the analytical results and, if necessary, a description of the recommended remedial action needed to restore the property to the appropriate condition for its intended use. Uncertainty regarding the potential for recognised environmental conditions in connection with a property cannot be eradicated by a Phase I Environmental Site Assessment. However, the performance of this type of assessment may help to reduce the ambiguity associated with the potential for recognised environmental conditions in connection with a property. Shalim Uddin is a research scientist in USA. E-mail: Msuddin6813@yahoo.com