What Happens If My Phase 1 ESA Identifies An Issue? Do I Have To Report Issues In My Phase 1?

Written By: Caltha LLP | Published On: 11th December 2016 | Category: Due Diligence, Environmental Site Assessment, FAQ | RSS Feed

Sometimes the Phase I will identify issues (referred to as “Recognized Environmental Conditions” or REC) that indicate that contamination may be present on the property. Under the current ASTM standard, three categories of RECs are established:

  • Current Recognized Environmental Conditions
  • Historical Recognized Environmental Conditions, and
  • Controlled Recognized Environmental Conditions

If a Current Recognized Environmental Condition is identified, the environmental professional will recommend a Phase II Environmental Site Assessment be conducted. The Phase II ESA will likely include collecting soil, groundwater or other samples to determine if contamination is actually present. If Historical Recognized Environmental Conditions or Controlled Recognized Environmental Conditions are identified, it may not be necessary to conduct a Phase 2 investigation.

If contamination is discovered during the Phase 2 investigation, the property owner may be obligated to report it to State and/or Federal agencies, and may be required to conduct cleanup.

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