Site Assessments:

Echelon performs Phase I and Phase II Environmental Site Assessments (ESA) in accordance with standards developed by the American Society for Testing and Materials (ASTM) Standard E 1527-05 (Phase I Environmental Site Assessment Process). These standards are consistent with most bank criteria required throughout the United States.

The purpose of the Phase I Environmental Site Assessment is to identify obvious or likely signs of contamination on or in close proximity to the property being investigated, and to determine whether recognized environmental conditions exist on or near the property that would warrant further action/investigation (Phase II investigation) by the Client.

Prior to an purchase of commercial property, we strongly recommend that the buyer have an ESA conducted to determine if any contamination exists on the property. Under SARA, anyone who is in the chain of title becomes responsible for such cleanup, even those with no responsibility for the pollution. One exception is a purchaser who knew nothing about the contamination and had an investigation done (Phase I) prior to the purchase. An Innocent Purchaser is defined as a party not responsible for cleanup of contaminated property. An ESA is required to support any claim to be an “Innocent Purchaser.”

Example: Discarded electrical parts containing hazardous PCBs and lead were found on land, requiring a cleanup of the environmentally contaminated property. All current and prior owners and users were Potentially Responsible Parties (PRPs). Irene, however, bought the land after a qualified inspector had determined that it was free of hazards, so she is an innocent purchaser, not responsible for cleanup. A Potentially Responsible Party (PRP) is defined as referring to all owners (past and
current), operators (past and current), transporters, and disposers of hazardous waste. Example: After an investigation, the Environmental Protection Agency (EPA) placed a certain site on its Superfund list. They looked at all paperwork related to historical ownership and use of the site, including material transporters, waste treaters, and disposers. The EPA prepared a list of potentially responsible parties and sent each a registered letter to inform them of their potential liability for cleanup.

The Phase I and II Assessments aid in accurately defining the real value of the property, and serves as the essential part of any true risk assessment. Project confidentiality will always be maintained between the client and Echelon. The results of our work will only be communicated to the client, or other parties specifically designed in writing by the client. We will not communicate with neighbors, attorneys or lenders on details regarding the investigation without specific written direction/authorization from the client, or if required under court order.