Commercial & Residential Property Development
The sale of commercial land or industrial buildings often initiates environmental "red flags" (i.e. hazardous substances in soil and groundwater, underground tanks, asbestos, lead based paint, mold, wetlands, etc.) Whether real or perceived, concerns about contamination, permitting and remediation costs can slow or terminate the transaction.
Residential property transactions, particularly in the coastal regions, often initiate environmental questions, such as "Does the property have wetlands?", "Is a critical area permit required to build?", "Where are the property setbacks?" Concerns about moisture and mold are so very common among home buyers
Am I responsible for the previous owners negligence?
Yes. Current owners of contaminated property can be sued for the costs of the assessment, response and clean-up, regardless of when the contamination occurred. The Compensation Environmental Response, Compensation and Liability Act (CERCLA) includes liability provisions for the protection of innocent landowners, contiguous property owners, and prospective purchasers. To be considered under this provision, a Phase 1 Environmental Site Assessment (ESA) must be performed by an environmental professional, prior to accusation and in accordance with ASTM E1527 05.
This process utilizes non-institutive techniques to identify recognized environmental conditions indicative of a hazardous substance or petroleum release into soil or water
Based on findings of the Phase 1 report, further investigation may be recommended in order to locate the source and extent of contaminants. Devises such as ground penetrating radar, soil borings or monitoring wells may be needed.
- Asbestos Inspections & Abatement and Clearance
- Brownfields and CERCLA Project Management
- Dock and Marina Permits
- EPCRA/SARA Reporting
- Lead-Based Paint Inspections Abatement and Clearance
- Mold Evaluations
- Phase I ESA/ All Appropriate Inquiry
- Phase II ESA's
- SBA Compliant Environmental Studies
- Stormwater Management and Pollution Prevention Plans
- Spill Prevention Control and Counter Measure Plans
- Wetlands Delineations
Additional considerations during the environmental due diligence period include:
- Asbestos Inspections & Abatement
- Coastal Zone Management
- Commercial Dock Permits
- Critical Area Permits
- Lead-Based Paint Inspections, Abatement & Clearance Testing
- Master Panned and Community Dock Permits
- Mold Evaluations
- Nationwide Permits
- Private and Joint-Use Dock Permits
- Regulatory Compliance
- Soil & Groundwater Sampling
- Stormwater Permitting
- Wetland Delineations