AGEC has successfully
completed more than 1,400 environmental site assessments and sampling investigations
throughout Utah and Nevada in the past 25 years. AGEC's Environmental Professionals
(EP) meet the EPA All Appropriate Inquiry (AAI) requirements with the appropriate
education and work experience. AGEC's EPs include State of Utah Certified Groundwater
and Soil Samplers and UST Certified Consultants, State of Nevada Environmental
Managers and NREP Registered Environmental Property Assessors.
AGEC has performed numerous environmental investigations and reports including
Phase 1 Environmental Site Assessments, Environmental Transaction Screen Assessments,
Phase II Environmental Site Assessments with soil and groundwater sampling for
heavy metals, petroleum compounds, chlorinated solvents, pesticides and other
potential contaminants of concern.
Environmental Site Assessments
purpose of a Phase 1 Environmental Site Assessment (ESA) is to address the potential
environmental liabilities on a specific parcel of commercial real estate, taking
into account commonly known and reasonably ascertainable information with respect
to the range of contaminants within the scope of the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) (42 U.S.C. §9601) and
petroleum products. The Phase 1 ESA is intended to permit a user to satisfy
one of the requirements to qualify for the innocent landowner, contiguous property
owner, or bona fide prospective purchaser limitations on CERCLA liability (“landowner
liability protections,” or “LLPs”): that is, the practice
that constitutes All Appropriate Inquiry (AAI) into the previous ownership and
uses of the property consistent with good commercial and customary practice
as defined at 42 U.S.C. §9601(35)(B).
must be performed in a manner consistent with the final rule, published at 40
Code of Federal Regulations (CFR) Part 312 (effective November 1, 2006). AAI
requirements may be met using the ASTM E 1527-13 or ASTM E2247-08 standards.
This Phase 1 ESA, as performed by AGEC, is in general conformance with the 2013
American Society for Testing and Materials (ASTM) standard for environmental
assessments (E 1527-13) and the EPA’s All Appropriate Inquiry (AAI) rule
found at 40 CFR 312.
To meet the AAI
requirements, a ten step process must be performed not just by the EP, but also
by the person seeking to qualify for CERCLA liability protection (i.e., the
The 10 steps are as follows:
The results of an inquiry by an environmental professional.
Interviews with past and present owners, operators, and occupants of the facility for the purpose of
gathering information regarding the potential for contamination at the facility.
Reviews of historical sources, such as chain of title documents, aerial photographs, building department
records and land use records, to determine previous uses and occupancies of the real property since
the property was first developed.
Searches for recorded environmental cleanup liens against the facility that are filed under federal, state
or local law.
Reviews of federal, state and local government records, waste disposal records, underground storage
tank records, and hazardous waste handling, generation, treatment, disposal and spill records concerning
contamination at or near the facility.
Visual inspections of the facility and of adjoining properties.
Specialized knowledge or experience on the part of the defendant.
The relationship of the purchase price to the value of the property, if the property was not contaminated.
Commonly known or reasonably ascertainable information about the property.
The degree of obviousness of the presence or likely presence of contamination at the property, and the
ability to detect the contamination by appropriate investigation.
do not typically address other issues (not all-inclusive) including the presence
of endangered species, biological agents, asbestos containing materials, lead-based
paint, "toxic" mold, radon and lead in the drinking water. Liability/risk
evaluations, indoor air quality, regulatory compliance, health and safety, industrial
hygiene, cultural and historic resources, wetland studies or remediation techniques
are not within the scope of these reports. Soil, water or air sampling and testing
are not typically performed during a Phase 1 ESA. An estimated cost for environmental
sampling and testing can be provided on request.
Phase II Environmental Site Assessments
If the Phase I ESA
or Transaction Screen has identified recognized environmental conditions on
or in the vicinity of the subject property, a Phase II investigation is typically
performed to help determine if the potential contamination is present in significant
concentrations. The findings of the Phase II investigation may provide the level
of knowledge necessary to satisfy the innocent purchaser defense under CERCLA.
The objectives of the Phase II investigation are to provide sufficient information
to be able to reasonably accertain if there is a significant presence of hazardous
substances or petroleum products associated with the previously recognized environmental
conditions on the subject property. Depending on the scope of work, additional
guidance on the extent of the contamination and possible remedial courses of
action may be provided. A general guide for Phase II Environmental Site Assessments
is ASTM E 1903-11.
Once the remediation of the contamination begins, additional environmental sampling may be necessary to help document the clean up through the use of confirmation samples.