Phase I and II Environmental Site Assessments

Talk to a Real Estate Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small
Related Ads

Environmental site assessments are classified as either Phase I or Phase II. Phase I assessments identifies and documents possible liabilities from potential or existing contamination. If a problem is discovered under Phase I, a Phase II assessment will entail chemical analysis of the existing hazardous substances.

Phase I Assessment

A Phase I environmental site assessment (also called an ESA) entails an inspection of a site to determine if there are any possible or existing environmental hazards. Additionally, information is gathered from governmental records that documents the site's past usage as well as that of the surrounding area. A Phase I examination includes looking for potential soil contamination. The examination also evaluates the quality of surface water and groundwater.

A Phase I assessment expert will also inspect onsite structures to determine if they contain any residual chemicals or asbestos. An evaluation may include testing for mold or mildew as well as air quality.

The standards for Phase I assessments have been set by American Society for Testing and Materials (ASTM International), an international voluntary standards development organization that provides technical standards for materials, products, systems, and services.

In addition to a review of governmental reports, a site assessment may include reviews of historical aerial photos, historical building permits, historical city directories and databases as well as area topographical maps.

If a Phase I ESA identifies an environmental hazard, a Phase II assessment usually follows.

Phase II Assessment

A Phase II ESA may include the initial Phase I ESA; it will also include soil, ground and surface water sampling in areas that are suspected of contamination. However, a Phase II ESA can be done without a Phase I ESA if the site owners are already aware that there is an existing site contamination.

If a Phase I ESA report identifies an environmental hazard, the Phase II ESA will do conduct a more intensive assessment that includes collected soil samples which are shipped to a lab as instructed by standard industry methods. Ground water samples are also collected.

After the Phase I ESA, a final interpretive report details the type of potential and existing contaminants of the soil, surface and ground waters as well as the effluents of the site. This audit helps define the extent and costs of subsequent clean-ups. The ESA can also verify the presence of suspected contaminants before any purchase of a site or before construction is implemented.

Consult an Attorney

Environmental site assessments are a necessity when purchasing real estate such as commercial properties or other properties where the public will have access. ESAs help estimate potential hazards and accompanying liabilities for site owners or potential purchasers. Consult an attorney to determine federal and state environmental laws control in your situation.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .
LA-WS4:0.9.17.120208.12696+