The US Environmental Protection Agency (EPA) oversees enforcement and clean up of contaminated sites across the United States. The Federal Liability Laws for environmental contamination are “Joint and Several” which means that if you, at any time, owned a property that is now contaminated, you may be liable. The only way to avoid this liability is through the “Innocent Landowner Defense” or a BEA in Michigan. In order to qualify for this defense, you have to show that you made a significant effort to determine if the property was contaminated before you bought it. This effort is called Due Diligence. A properly conducted Phase I ESA meets the requirements for due diligence.

The Phase I ESA is a complete investigation into the present and past uses of the property. The American Society for Testing and Materials (ASTM) has developed a standard methodology for Phase I ESAs. This standard requires a complete history back to at least 1940 or the earliest known development of the property. This history has to be documented through a variety of sources. The process also includes a visual inspection of the property and all structures on the property in addition to interviews with current and past owners, local residents and officials who may have information pertaining to past usage of the property. A complete record search of federal and state regulatory databases is also completed to assure that the site has never been listed as contaminated or as a generator or storage facility of hazardous substances.

A Phase I ESA takes about three weeks to complete, although rush jobs can be accommodated for an additional fee. The cost of a Phase I ESA varies depending on several factors, please contact Global for a free estimate.

 

 

 

 

No! The Phase I ESA only identifies potential problems. If a potential problem is identified, Global can conduct a Phase II ESA or Remedial Investigation to confirm or deny the existence of contamination. If the testing comes back clean, the sale can go through with no further work. Even if contamination is confirmed, the sale can still go through. The State of Michigan has created a process by which a person can buy a contaminated piece of property and maintain protection against liability. This process is called a Baseline Environmental Assessment (BEA). Please contact Global for more information on BEAs or see Global's BEA web page listed under Services.

Global Environmental Engineering, Inc. maintains a staff of experienced, well trained environmentalprofessionals who research and complete Phase I ESAs. In addition, our ESA process meets or exceeds the ASTM Standard in every aspect. Global works closely with the buyer, seller, financial institution, and/or realtor to achieve the goal of a successful real estate transaction without the fear of future liability.