Entries by robert.harris

Importance of Working with an ESA

$10,000,000 to learn what can happen without an ESA A massive price to pay for avoiding the relatively minor cost of a Phase I environmental site assessment A successful business had been operating in a relatively large building for several years.  As luck would have it, an opportunity to acquire the adjacent property presented itself. The […]

Cost Effective Analysis Plan for an ESA

Just 27 soil samples from a 100-acre site met the owner’s criteria for economic feasibility and satisfied the federal and state environmental regulators Also see: Investigate the correct contaminant A 100-acre site had received fill material for nearly 25 years–since the late 1960s. The majority of the fill came from large operators who had total deposits   of […]

Investigate the Correct Contaminant

Inadequacies in environmental site assessment led to costly erroneous conclusion of oil contaminated soil The application of inappropriate tests during the environmental site assessment led to erroneous conclusions of oil contamination and $100,000 down the drain Also see: Contaminant Sleuth: Robert Harris detects toxins in food, wine, soil A land development company in Northern California […]

Dry Cleaners Pose “Worst of Worst” Env Risk

by Robert S. Harris One of the most challenging types of property to evaluate for environmental risk is the retail shopping mall or small strip center Dry cleaners use a solvent in the cleaning process called Tetrachloroethylene (also known as Perchloroethylene, or Perc), a significantly toxic chemical. It is particularly obnoxious and difficult to remove from the environment […]

Inadequacies in ESA Costly in Oil Contaminated Soil

The application of inappropriate tests during the environmental site assessment led to erroneous conclusions of oil contamination and $100,000 down the drain Also see: Contaminant Sleuth: Robert Harris detects toxins in food, wine, soil A land development company in Northern California began improving a 13-acre site for inclusion in a nearby light industrial park.  The improvements included adding […]

CERCLA Historical Background

2013: ASTM E 1527-13: The standard methodology for performing Phase I’s has been updated for the first time since 2005. The new standard became official on November 13, 2013.  The major changes in the new revision include the following: New definitions for Recognized Environmental Conditions (RECs) Historical RECs – must be cleaned up so that no […]

CERCLA Liability Limits

Key Points Under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), persons may be held strictly liable for cleaning up hazardous substances at properties that they either currently own or operate or owned or operated at the time of disposal. Strict liability in the context of CERCLA means that a potentially responsible party may […]

Environmental liability & risk management of commercial real estate loans

Knowledge of the environmental status of a business or commercial property can assist lenders in making rational judgments as to the environmental liability inherent in a real estate loan.Also see: Know and follow ownership / liability tests to maintain EPA lender liability exemption Affiliate Member CERCLA Lender Liability Exclusion Banks are immune from direct environmental […]

CERCLA Historical Background

2013: ASTM E 1527-13: The standard methodology for performing Phase I’s has been updated for the first time since 2005. The new standard became official on November 13, 2013.  The major changes in the new revision include the following: New definitions for Recognized Environmental Conditions (RECs) Historical RECs – must be cleaned up so that no […]

Key Differences: AAI and ASTM E 1527-00

Key differences between 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 E 1527-00 are […]