Are you planning to sell, purchase, or lease commercial or industrial property? For each case, you will likely need an ASTM Environmental Site Assessment (ESA) to assess the environmental conditions existing on the property. For purchasers, the ESA satisfies the "all appropriate inquiry" for the purposes of "landowners liability protections" defined by CERCLA against previously existing contamination. For lease agreements, it serves as a baseline of existing contamination and allows assignment of liability before the ink dries on the contract. ERA has conducted hundreds of ESA's, beginning long before they were even required by lenders.
Keep in mind that the terms Phase I and Phase II assessments are also used by the Massachusetts Contingency Plan (MCP). The MCP regulation requires another type of Phase I and Phase II reports prepared only by a Licensed Site Professional (LSP) that evaluates contaminated Disposal Sites. For real estate transactions, however, there are two types of site assessments:
A Phase I ESA consists of a review of local, state and federal records, site visit and interviews with various parties conducted in accordance with the latest ASTM standard. If environmental concerns are identified, then a Phase II ESA is needed whereby drilling, sampling and testing are conducted to further assess environmental conditions. Real estate Transaction Screens were once offered as a "stripped down" version of a Phase I; however, they no longer are recognized as affording protection under CERCLA. Confidential reports are prepared for the client's use and distribution.
Our team not only conducts ESA's, but can give you value added service by recommending options if contamination is found on the property.