It is up to you,
not your bank, attorney, real estate agent etc., to make sure the
property you are purchasing is not contaminated. Federal and state
regulations hold the property owner liable for contamination UNLESS due
diligence is conducted.
In the early 1990s, the ASTM organization, a non-profit group that
usually sets engineering standards published their standard on property
transactions. This standard was accepted as the industry standard
for practicing due diligence until November 1, 2005 when the EPA
finalized their rule.
The United States Environmental Protection Agency finalized their "all appropriate inquiry" for
property transactions. All Phase I ESA should follow the
regulations for the CERCLA innocent land owner protection. EPA
information and link can be found on this
page.
The EPA establishes that the revised ASTM E1527-05 standard is
consistent with the requirements of the final rule for all appropriate
inquiries and may be used to comply with the provisions of the rule.
Furthermore, ASTM indicates that the
transaction screen process does NOT meet all appropriate inquiry.
Villa Environmental Consultants, Inc.,
employs qualified environmental professionals as defined by the EPA
regulations to complete the Phase I Environmental Site
Assessments (Phase I ESA). These studies require a prior use search, a site
observation and a government database search.
If contamination is suspected, further investigation may be
warranted. Sampling the subsurface is a typical Phase II
recommendation.
The phase II investigation studies the specific areas that may have
contamination. If no contamination is detected, the due diligence
process is over.
Even if there is contamination, state laws may make it feasible to
still purchase the property while still limiting your liability.
Please click the topics on the right for further information.
We
perform Phase I ESA in Michigan and the midwest. The environmental
site assessment referred to as the Phase I ESA is sometimes confused
with an environmental assessment (EA) as required under the National
Environmental Protection Act. VEC does complete the EA when our
clients are receiving funds from the government.
