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How does a Property Condition Assessment differ from a Phase I Environmental Site Assessment (ESA)?

by Caltha, LLP | Oct 19, 2012 | Due Diligence, Environmental Site Assessment, FAQ

In 2008, ASTM published “Standard Guide for Property Condition Assessments: Baseline Property Condition Assessment Process” (ASTM E 2018-08) to define the process for conducting a Property Condition Assessment (PCA).   Actually, a PCA and an ESA have only minimal...

New Small Business Administration Environmental Requirements Effective On Oct.1

by Caltha, LLP | Oct 19, 2012 | Due Diligence, Environmental Site Assessment

Effective on October 1, 2011, the Small Business Administration has revised its SOP relating to environmental review and environmental investigations. Any lenders participating in the 7(a) or CDC loan programs must follow the new requirements under SOP 50 10 5(D). As...

When Does A Phase I Report Need To Be Updated?

by Caltha, LLP | Oct 19, 2012 | Due Diligence, Environmental Site Assessment, FAQ

Why Update An Environmental Site Assessment Report? A Phase 1 ESA is a review of current and historic data sources to assess the potential for contamination on a specific property. Overtime, the information available to conduct this assessment increases. Therefore, a...

Revised ASTM E1527 Phase I ESA Standard

by Caltha, LLP | Oct 19, 2012 | Due Diligence, Environmental Site Assessment

A ballot version of the ASTM E1527 Phase I ESA Standard including potential changes was opened up to vote by the E50 committee on September 17, 2012. Voting is open through mid-October. According to ASTM bylaws, standards must be reviewed, updated and voted upon every...

Should I conduct a Phase 1 ESA, even if I am not involving a lender?

by Caltha, LLP | Oct 16, 2012 | Due Diligence, Environmental Site Assessment, FAQ

The advantage of conducting an ESA most often cited is that it can establish you as an “innocent landowner”, allowing some protection against CERCLA liability. The more tangible benefit of conducting an ESA is the knowledge gained in conducting a formal...

The SELLER will not permit access to the property to conduct an ASTM Phase 1 ESA. Is this a problem?

by Caltha, LLP | Oct 16, 2012 | Due Diligence, Environmental Site Assessment, FAQ

This is a common problem. SELLERS are often are very sensitive to unduly concerning employees to potential changes in ownership. In some cases, limited access, such as a walk-through, can be provided, but not access to knowledgeable on-site employees. The ASTM...
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