Otwell Mawby, P.C. offers clients efficient and thorough site assessments. Completed in a conscientious and timely manner, Otwell Mawby provides owners, lessees, buyers, and lending institutions essential information to identify environmental issues and afford innocent purchaser protection from environmental liability under state and federal law.
Based on the needs of each client, site assessments may vary in scope and extent. Generally, Environmental Site Assessments conducted by Otwell Mawby can be categorized as:
Over the past ten years, OMPC has conducted hundreds of Phase I Environmental Site Assessments (ESAs), facilitating the transfer of property for development and redevelopment. Phase I ESAs are performed consistent with ASTM E1527-05. The Phase I ESA includes four components:
- Review of records, including historical documents and aerial photographs relating to previous uses of the property and state and federal databases of known environmental problems in the vicinity;
- A site visit to identify any evidence of past environmental problems, view current uses of the property and adjacent properties, and inspect buildings, structures and materials on site;
- Interviews with current owners and occupants, state and local officials, and community members with information and knowledge of the property previous uses; and
- A report the documents the finding, opinions, and conclusions, including Recognized Environmental Concerns (RECs), if identified.
If results of a Phase I assessment provide indicators of potential contamination, a secondary, or Phase II assessment is recommended. A Phase II assessment typically includes selective sampling and analysis of potential problem areas, which may include:
- Sampling surface or near surface materials and/or water on the property
- Excavating obvious soil contamination and sampling to determine if enough impacted material has been removed or to further delineate problem area.
- Test borings for sampling soil and/or groundwater
- Laboratory analyses of soil and/or water samples for potential contaminants.
- Examining site geology and hydrogeologic characteristics of the property.
In many cases, environmental issues can be successfully managed on a property to allow for feasible redevelopment of that property.
A Baseline Environmental Assessment is necessary in order to comply with state and federal requirements for due diligence to protect innocent property purchasers from environmental liability from contamination caused by other parties.
Properties with environmental impacts can be positioned for re-use by managing their environmental risks. Detailed evaluations regarding future site use, potential exposure scenarios, development and implementation of land use restrictions, engineered controls and/or other site-specific measures can be designed into a redevelopment plan.
While new property owners may not be responsible for clean-up of existing contamination, they have a responsibility to prevent unacceptable exposures to the contamination, prevent exacerbation of the contamination, protect against the foreseeable actions of third parties, and provide notification of abandoned containers or migration of contaminants beyond the property boundary .
Otwell Mawby, P.C. can develop detailed re-use plans which can manage the identified environmental concerns associated with the property, to assure that no unacceptable community health risks are associated with the property's future use.