Entries by admin

CERCLA Environmental Lender Liability

Lenders can maintain CERCLA exemption by following ownership / liability tests The EPA Lender Liability Rule does not encourage controlling borrowers but rather it supports proper loan management. Also see: Environmental management for banks, financial institutions & other lenders It may appear the EPA holds financial institutions responsible for the failings of others because lenders […]

Environmental liability risk management program

The ultimate responsibility for compliance with environmental laws and regulations rests with the property owner. Protect yourself with an environmental liability management program While the CERCLA Brownfields Amendments  provides three specific landowner environmental liability exemptions, only those who rigorously follow the All Appropriate Inquiries Rule (AAI) prior to purchase are protected.  However, these exemptions do […]

Environmental liability risk management

An environmental risk management plan can help safeguard your property from tenant impact. Also see: Dry cleaners pose worst of worst environmental risk for property owners Create an environmental liability risk management program Manage environmental risk by monitoring tenants’ impact on the environment A small commercial strip center has a variety of small businesses located […]

All Appropriate Inquiries (AAI)

Key Differences between All Appropriate Inquiries (AAI) and ASTM E 1527-00 The EPA specified ASTM E 1527-00 for Phase I Site Assessments as the designated "interim standards." Since then ASTM issued the ASTM E 1527-05 which meets and surpasses the new regulations. The key differences between All Appropriate Inquiries standard specification and the old ASTM […]

Contaminant Sleuth Robert S. Harris detects toxins in food, wine, soil

Reprinted with permission from Sonoma Business Magazine, June 1998 “After two years of work, they collected four ounces of oil.” Regulators default to their “rule books,” but the books do not take into consideration all possible chemical phenomena. Years ago at a Modesto winery, a pesticide called DBCP had contaminated some of the wine. The […]