Property Transaction Services

Property Transaction Services
(Acquisition Transfer & Disposal) 

Cleanup of hazardous waste can be very expensive and take years to complete. As a result, environmental concerns have become an important factor in property transactions. To assist our clients in this IES provides surveys and site assessments, along with the appropriate documentation to allow those involved in a property transaction to be assured they know of any potential problems with the transaction.

Environmental Baseline Surveys
Most Department of Defense (DoD) real property transactions require an EBS to establish the baseline environmental condition of a subject property and to aid in the evaluation of associated environmental contamination liabilities and human health and safety issues prior to the proposed transaction.
An EBS is a report that documents the current extent, if any, of environmental contamination of real property.

An EBS includes the identification and analysis of all available and relevant records, a visual site inspection of a subject property and associated structures (if applicable), a recorded chain-of-title documentation review, and interviews with personnel associated with the property (past and present) and adjacent properties. Phase I Environmental Site Assessments A Phase I ESA is an important step a land purchaser can take to learn about a given property’s past use, the environmental conditions associated with the property and adjoining properties, and the likely presence of hazardous substances. With this information, the purchaser can:

  • Better assess the financial risk posed by potential environmental contamination;
  • Take steps to avoid full or partial liability for cleaning up the property;
  • Make sure the current landowner cleans up the property prior to the sale; or
  • Have the cost of the property reduced commensurate with the cost of cleanup activities.

 

 
To this end, due diligence is exercised by conducting a Phase I ESA prior to the purchase of a property to ensure all recognizable environmental conditions have been identified. Integrated Environmental Solutions prepares Phase I ESAs in accordance with American Society for Testing and Materials (ASTM) Standard E 1527-050 (Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process). The purpose of the ASTM Standard Practice is to define a good commercial and customary practice for conducting a Phase I ESA of a parcel of commercial real estate with respect to the range of contaminants within the scope of the CERCLA and petroleum products. The practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner defense to CERCLA liability: that is, the practices that constitute “all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice” as defined in 42 U.S. Code (USC) 9606(35)(B).

Phase II Environmental Site Assessment is an investigation which collects original samples of soil, groundwater or building materials to analyze for quantitative values of various contaminants. This investigation is normally undertaken when a Phase I ESA determines a likelihood of site contamination. The most frequent substances tested are petroleum hydrocarbons, heavy metals, pesticides, solvents, asbestos and mold.