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Environmental Site Assessments (ESA)

Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), Congress created the first exclusion for "Innocent Land Owners" with regards to responsibility for the environmental conditions on the property. However, the CERCLA did little to define the term "Due Diligence", as cited in the Act. What did it mean to practice "due diligence" and exactly how far did a property owner have to go to respond appropriately to environmental concerns about potentially contaminated properties?

One response to the CERCLA requirements was the Environmental Site Assessment (ESA). The first comprehensive approach to ESAs was the requirements of the New Jersey Environmental Cleanup Responsibility Act (ENCRA). New Jersey was the first state to promulgate legislation requiring property assessments for specific property transactions. Ever since ENCRA was enacted and subsequently amended, professional associations, state governments, and lending institutions nationwide have created requirements or guidelines for the scope of Phase I ESAs.

After years of formulation, the American Society for Testing and Materials (ASTM) issued its Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (E1527-93). The Standard Practice has been updated revised twice since its debut, once in 1997 (E1527-97), and again in 2000 (E1527-00). This standard was widely adopted by most lending institutions, regulatory agencies, and consultants. R&W's clients are able to benefit from the combination of the ASTM Standard Practice and R&W's collective education, experience, and professional training, which ultimately result in comprehensively sound and professionally complete reports.

In accordance with the ASTM Standards, a typical Phase I ESA includes the following:

  • Review of property ownership (title search, interviews, etc.)
  • Review of historical land use (aerial photography, city directories, etc.)
  • Interviews with current and previous owners and occupants
  • A site reconnaissance
  • A search of state and federal data for known sites of environmental contamination near the subject site
  • Review of relevant regulatory agency files for the site and nearby sites

Depending on the results of the Phase I ESA and client review, additional work may be necessary prior to the property transaction. This is known as a Phase II Environmental Site Assessment. A Phase II ESA may include such activities as sampling areas of suspected contamination (e.g., soil samples) or installing groundwater monitoring wells. Because Phase II ESA work is site specific, it is not feasible to strictly define the procedures prior to performing a Phase I ESA for a given property.

ASTM also defines and outlines a less comprehensive investigation known as a Transaction Screen (E1528-00). The Transaction Screen process consists of interviews (using a standard ASTM questionnaire), a property visit, and a comprehensive review of certain government records and historical sources pertaining to the location. The Transaction Screen process is well suited for undeveloped property, property being converted from residential land use, and various agricultural and commercial properties.

For additional information and competitive cost estimates, please contact R&W at (616) 791-7100 or e-mail us at .

4328 Three Mile Rd. NW · Grand Rapids, MI 49544
Phone (616)791-7100 · Fax (616)791-9263
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Last Update: 07/11/03