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PHASE 1 ENVIRONMENTAL SITE ASSESSMENTS (PHASE 1 ESA)

A Phase 1 ESA helps you understand and manage the environmental risk of a property.
Do you own, or are you purchasing property in Southern California for which you need a Phase 1 ESA?

Contact Cali EnviroFirm, Inc. now for a quote!

WHAT'S A PHASE 1 ESA?

 

A Phase 1 Environmental Site Assessment (Phase 1 ESA) provides an  independent professional opinion about the environmental condition of a real estate property. A Phase I  ESA evaluates the historical use  of the property and neighboring sites and determines if there is actual or potential environmental contamination on the site or the potential for such materials to be released onto or from the site. 

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The existence of hazardous material  could potentially impact the property's  value or limit its use due to regulatory-mandated cleanup requirements,  or even expose the purchaser to potential civil liability. Hazardous substances onsite could potentially affect human health and/or potentially migrate offsite and devalue neighboring properties.

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 A Phase 1 ESA identifies recognized environmental concerns (RECs). RECs are potential or existing environmental contamination liabilities. If  RECs are identified in the Phase I ESA, then sampling of soil, groundwater, surface water, soil gas or indoor air may be necessary to confirm whether there has been a release of hazardous substances or petroleum products.  Such sampling reports are known as a Phase 2 environmental site assessment (Phase 2 ESA).

WHEN IS A PHASE 1 ESA NECESSARY?

 

A Phase I ESA is needed when acquiring  commercial and industrial property. A Phase 1 ESA is often also conducted prior to starting a new residential development, or when acquiring undeveloped vacant land.

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If you are purchasing a house in or adjacent to a commercial area or next to a service station, dry cleaners or other environmentally sensitive business, you may also wish to have a Phase 1 ESA performed on the property prior to taking title. 

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Lenders conduct Phase I ESAs as part of their risk management practices - to determine whether there may be environmental issues present that could cause a borrower financial hardship, and result in a reduced value of the property due to contamination.

WHAT DOES A PHASE 1 ESA CONDUCTED BY CALI ENVIROFIRM, INC. TYPICALLY INCLUDE?

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A Site Visit​

  •  Inspection of the Site 

  • Catalog the Presence of

        Hazardous Materials

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Historical Research

  • Historical Aerial Photographs 

  • Reverse Street Directories

  • Building Permits

  • Planning Records

  • Topographical Maps

  • Sanborn Fire Insurance Maps

  • Department of Oil and Gas Maps

  • Title Information


* Geology and Hydrogeology

  • Soil Type

  • Geological Setting

  • Groundwater Depth


Regulator Research

  • Fire Departments

  • State Environmental Agencies

  • Federal Environmental Agencies


Interviews and Document Review

  • Interview Tenants and Owners

  • Review Provided Reports


All reports are conducted by and prepared by a Registered Environmental Site Assessor.

WHAT KINDS OF ISSUES MIGHT BE FOUND DURING A PHASE 1 ESA?

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  • Illegal dumping

  • Stained and/or contaminated surface soil

  • Waste from former automotive repair facilities

  • Storage drums containing unidentified chemical waste or oil

  • Petroleum hydrocarbons

  • Radiological hazards

  • Lead

  • Old electrical transformers containing PCBs

  • Improperly stored or leaking storage containers

WHAT ARE THE RULES AND REGULATIONS CONCERNING PHASE 1 ESAs?

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Phase I ESAs are performed both for possible defenses to liability as well as for broader due diligence purposes.

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A Phase 1 ESA report must comply with American Society for Testing and Materials (ASTM) Standard E1527-13. This ASTM standard adheres to the Environmental Protection Agency All Appropriate Inquiries Rule, codified into the federal regulations by the EPA (40 CFR Part 312).

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The United States Environmental Protection Agency (EPA) enacted the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) in 1980. According to CERCLA, a property owner, property manager, lessor, or lender can be liable, by virtue of property ownership or control, for remediation of hazardous substances in the soil and/or groundwater underlying a site, even if the prior property owner did not cause and/or contribute to the contamination.​

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In 2002, Congress passed the “Small Business Liability Relief and Brownfields Revitalization Act” (Brownfields Amendments). These amendments created a new landowner liability protection from CERCLA for bona fide prospective purchasers (“BFPP”). One of the requirements to be considered a BFPP is to make all appropriate inquiries into previous ownership and uses of the property prior to acquiring the property. The conducting of a Phase 1 ESA allows this criteria to be met.

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