Souder, Miller & Associates (SMA) provides ASTM Standard compliant Environmental Site Assessments (ESAs) and ASTM Standard compliant Transaction Screens to help clients assess environmental liability associated with a property. Under the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980, liability for site cleanup as a result of a release of hazardous substances into the environment is assigned to the responsible party or landowner. Therefore, a landowner, potential landowner or loaning agency may need to determine if a property has been contaminated. The United States Environmental Protection Agency has issued further guidance concerning “All Appropriate Inquiries”, which provides a framework for meeting the requirements of CERCLA.
A Transaction Screen, the least rigorous level of review, involves some historic literature research, a site visit, and questionnaires for various parties to the transaction. As the name of the report suggests, a Transaction Screen is only intended as a preliminary review of conditions that may impact a property and will not afford the buyer/seller coverage under CERCLA. A Transaction Screen is not necessary prior to undertaking a Phase I ESA. While not required under ASTM, all Transaction Screens undertaken by SMA involve an environmental professional.
During a Phase I ESA, SMA evaluates the location, the physiographic and hydrogeologic setting, and the historical and current land use of a property. Sources of potential impact to the subject site within a one-half-mile or one-mile search distance are evaluated through review of regulatory lists. Previous land use and water quality in the vicinity of the subject site is determined from available records. Any information indicating potential impacts to human health and the environment are presented and evaluated in the report. Typical report development takes between 10 and 15 business days (dependent upon the availability of public agency information) although rush projects have been completed in as little 3 business days. Phase I ESA pricing is generally set based upon the type and size of property being evaluated. Discounts are often applied to groups of properties completed simultaneously for one client.
If Recognized Environmental Conditions cannot be resolved to the client’s satisfaction during a Phase I ESA, the project may evolve further into a Phase II ESA. This step involves physical sampling or other environmental investigation that is outside of the highly regulated format of a Phase I ESA. Typical Phase II ESA activities may include soil and groundwater sampling, vapor sampling, sampling of possible asbestos containing materials, sampling of lead-based paint, sampling of wastewater traps and/or sampling of oil/water separators. Costs and timelines for Phase II ESAs are highly dependent upon the particular type and breadth of sampling being completed.
If the results of a Phase II ESA indicate a release that exceeds local, state or federal limits, or is otherwise a concern to a client, a Phase III ESA may be required. Phase III ESAs address remedial activities to cleanup a property from one or more identified issues. Most typically remedial activities consist of the removal of contaminated soil, removal of contaminated liquid, asbestos abatement and/or lead paint encapsulation, although remedial activities could include more substantial long-term tasks. Much like Phase II ESAs, the cost and timeline associated with Phase III activities are highly project-specific.
Properties evaluated by SMA have included undeveloped commercial lots, office towers, residences, bottling plants, industrial manufacturing complexes, dairies, apartments, hotels, service stations, restaurants, banks, hospitals, professional offices and ranches (from 20 acres to over 100,000 acres). Typically completing over 100 ESAs per year, SMA is highly experienced, mobile and competitive throughout our service area.