Phase I Environmental Site Assessments

Whatcom Environmental helps potential buyers, owners, and operators learn about the environmental condition of real property.

Public awareness of environmental laws has created both obvious and unexpected liabilities in real estate transactions. Environmental laws related to liability and cleanup of contaminated properties include the Federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA), Business Liability Relief and Revitalization Act ("the Brownfields Law"), and the Washington State Model Toxics Control Act (MTCA). One way for a prospective purchaser to minimize liability for cleanup of contamination caused by a prior owner is to conduct an Environmental Site Assessment (ESA).

Parties who wish to assess the environmental condition of commercial and non-commercial real estate conduct ESAs on a voluntary basis. An ESA evaluates the historical uses and succession of owners or occupants of a site. Due to the unique history and circumstances associated with every real property, the scope of an ESA should be determined on a site-by-site basis.

When conducting an ESA, we compile a thorough site history, conduct site reconnaissance and interviews with appropriate parties, and develop conclusions regarding recognized environmental conditions at the real property under investigation. Our phase I ESA follows ASTM Standard Practice E 1527-05 and includes these tasks:

• Review of federal, state, and local regulatory information pertinent to the property and surrounding properties
• Review of historic site information concerning past business practices
• Interview people familiar with the property
• Conduct a visual inspection of the property
• Provide an inventory of underground storage tanks on or near the property
• Assess environmental conditions and risks
• Write/develop a report of findings, conclusions, and recommendations

The Washington State Department of Ecology recommends that prospective purchasers of real property seek the advice of professionals experienced in conducting ESAs.