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In today’s marketplace, evaluation of potential environmental liabilities associated with real estate acquisition in business transactions is essential. Lending institutions and purchasers of property can face enormous costs of environmental cleanup and remediation of site contamination. Potential sources of environmental liability range from the obvious hazardous material spill to the undetected asbestos-containing building materials or unseen groundwater and soil contamination caused by a leaking underground storage tank. An Environmental Site Assessment (ESA) is an effective tool in limiting the potential risks of environmental liability.

Environmental assessments are typically divided into three (3) sequential phases. These phases include the following:

Phase I:      Also now known as an All Appropriate Inquiry (AAI), This investigation includes a review of publicly available historical records; interviews with persons knowledgeable of the site; and a visual inspection of the site, preferably a perambulatory reconnaissance or “walk-over” of the site.

Phase II:    This investigation includes the selective sampling of media in areas suspect of being potential environmental liabilities based on contaminants potentially present or historical activities.

Phase III:   This investigation includes the sampling of media in areas where contaminants are present and the development of a strategy for site utilization and/or potential environmental remediation or clean up based on the investigation findings.

The initiation of each phase is dependent upon the findings of the previous phase. For example, at a minimum, each site investigation includes a Phase I ESA record review, knowledgeable person interview, and site reconnaissance. If the reviewed information and inspections indicate no environmental concerns, then there is no need to proceed with Phases II and III investigations.

However, the Phase I ESA may identify an area, or areas, of the property which in the past, currently, or which may reasonably be expected to pose future environmental liabilities. Such a finding would typically result in a recommendation for collecting media (e.g., building materials, soil, groundwater, surface water) samples and subsequent analysis as part of a Phase II investigation. The Phase II investigation would be designed to confirm or refute the presence of substances of environmental concern on the property.

Our client base has included hundreds of projects for clients of all types. Staff expertise includes engineering, system and site designs, environmental regulations compliance assistance, underground storage tank (UST) investigations and removal, asbestos inspection and abatement, site investigation and remediation, waste management, wetland delineation and determination, biology and chemistry to name a few.

Our clients include many in each of the following categories:

Municipal Clients:

Our staff can offer a wide range of experience in property
transaction Phase I, II and III environmental assessment; underground storage tank (UST) investigations, removal/closure, and remediation; UST Corrective Action Plan Preparation.

Industrial Clients:

We can help with environmental assessments and compliance audits; contaminated media treatment and disposal; hazardous waste management/disposal; underground and aboveground storage tank removal/closure/management; groundwater and soil investigations; bioremediation; environmental impact statements; water quality data acquisition/interpretation; fish kill investigations; bio-monitoring programs; bioassay studies and population studies and mine and quarry permitting. Our environmental staff has experience in Occupational Health and Safety Administration (OSHA) compliance and OSHA environmental evaluations.

Commercial Clients:

We can help with environmental assessments and compliance audits; contaminated media treatment and disposal; hazardous waste management/disposal; underground and aboveground storage tank removal/closure/management; groundwater and soil investigations; bioremediation.

New Standard:

The Phase I ESA industry has changed. After approximately 15 years of operating under the ASTM standards for Phase I ESAs, The U.S. Environmental Protection Agency (EPA)  promulgated the first regulatory criteria for due diligence investigations under the moniker of "All Appropriate Inquiries" (AAIs). Griggs & Maloney is completely qualified to conduct AAIs in compliance with the EPA regulations.

Link to Explanation of All Appropriate Inquiries History