Phase I Environmental Site Assessments (ESAs)
Performing a Phase I Environmental Site Assessment (Phase I ESA) is considered the “first phase” of an owner, operator or perspective purchaser's appropriate inquiry or due diligence as to whether environmental contamination is present on a particular property.

As defined in ASTM Designation E 1527, the term Recognized Environmental Condition means "…the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property."

In completing a Phase I ESA for the client, CEG will provide an independent, professional opinion of the possible presence of Recognized Environmental Conditions (RECs) or other possible environmental concerns (if any) associated with the subject property as part of that client's environmental due diligence.

In general a Phase I Environmental Site Assessment includes, but is not limited to, the following:

Inspection of the subject property to assess potential environmental liabilities, such as storage tanks, both above or below
    ground, hazardous chemical or petroleum product storage, equipment containing polychlorinated biphenyls, abandoned
    containers, dumping, excavating or landfilling activities and material non compliance issues.

Interviewing the owner, tenant, property managers or other parties familiar with the current and historical use of the
    subject property.

Evaluating adjacent properties for potential sources of off-site contamination.

Reviewing assessing/building department information for the subject property.

Reviewing federal, state and local regulatory environmental files and databases.

Researching site history through aerial photographs, Sanborn maps, city directories and other historic ownership
    records/searches.

The Phase I ESA Report will conclude with a section devoted to conclusions and recommendations.  If an REC(s) is encountered during the Phase I, then additional investigation would be recommended (Phase II) to further determine the nature and extent of its environmental significance.

All CEG Phase I ESAs are conducted in general conformance with the scope and limitations of the ASTM Designation E 1527-05, "Standard Practice For Environmental Site Assessments," which define good commercial and customary practice for conducting a Phase I ESA and establishing "due diligence."  These assessments are also intended to satisfy the due diligence requirements for the innocent landowner defense and meet the EPA's Standards and Practices for All Appropriate Inquiries (AAI) 40 CFR Part 312.

CEG understands that a due diligence site assessment is normally just one aspect of a client's real estate transaction.  Often, other land development specialists/professionals, such as lawyers, realtors, and financial institutions are involved in what becomes a very hectic, demanding and time constraining process.  Whether you need a Phase I ESA performed on a commercial property, residential or farmstead property, or if you require an assessment of a large industrial facility containing multiple parcels, let CEG bring its significant environmental experience, knowledge and contacts to bear in order to facilitate the site assessment process for you.  Our objective is to assure that due diligence requirements and disclosures are presented in a concise and complete format and that CEG will always provide its clients with sound environmental recommendations through a practical and economical approach.

Over the last 17 years, CEG personnel have written and/or provided direct project management/review to over 1,500 Phase I ESAs in Michigan, Ohio, Indiana and Illinois.

Phase II Environmental Site Assessments (ESAs)
As part of environmental due diligence associated with property transfer or because of existing site conditions as a part of past or present site activities, a Phase II Environmental Site Assessment (ESA) may be necessary to evaluate the existence of subsurface contamination and/or to define the extent of known contamination on any given site.  Generally, but not always, a Phase II ESA follows recommendations made during a previous Phase I ESA.  The Phase I ESA will identify if RECs are present on a given property and if so, make recommendations to further evaluate the potential for environmental impact.  These recommendations most often include a Phase II ESA/Subsurface Investigation (SI) to further evaluate the subsurface conditions (soil/groundwater) in the immediate vicinity of the RECs and to determine what, if any environmental impact has resulted due to their existence.

A typical Phase II ESA/SI will include a number of the tasks listed below based on the requirements (state guidelines, legal or liability issues and economics) of the client:

Drilling soil borings and collecting soil samples for stratigraphic characterization (to determine the physical soil
    characteristics/geology of a subject property)

Site characterization and investigation of contaminated media, including the collection of various samples (soil,
    groundwater, sludge, etc.) for laboratory analysis

Identification and mapping of specific media contamination (i.e., soil and/or groundwater) and the corresponding CAD
    drafting of figures/maps and boring logs

Installation of monitoring wells, including surveying well elevations and locations for the purpose of constructing
    groundwater contour maps

Estimating groundwater flow direction, evaluating distribution and potential migration of contaminants

Evaluating groundwater quality and aquifer analysis, including testing of groundwater characteristics and parameters,
    pump tests, and slug or bailer tests

The interpretation of findings through the evaluation of laboratory data and site specific stratigraphic characterization;
    providing conclusions and making recommendations as part of a Phase II ESA Report

When necessary:

Conducting groundwater/aquifer computer modeling

Conducting geophysical investigations/surveys

CEG is experienced in a broad range of subsurface and hydrogeologic investigation activities and has conducted numerous Phase II ESA/SI throughout Michigan, Ohio, Indiana, Illinois and Kentucky.  All CEG Phase II ESA/SI activities are conducted according to ASTM, USEPA, and all appropriate state guidelines.

Baseline Environmental Assessments (BEAs)
Background History
On June 5, 1995, amendments to Part 201 of the Natural Resources and Environmental Protection Act (NREPA), 1994 PA 451 and the March 6, 1996 amendments to Part 213, Leaking Underground Storage Tanks, of NREPA, substantially modified provisions of the law regarding liability for cleanup of environmental contamination.  These amendments were enacted in response to a number of issues, but primarily due to concerns that Michigan's environmental cleanup and liability standards were discouraging urban redevelopment and site reclamation.  In many older industrialized cities throughout Michigan, numerous properties were sitting vacant and/or vandalized and property values were falling with little to no property taxes being generated.  The principal goals of the amendments were to target redevelopment of contaminated sites throughout the state, and to modify cleanup standards based on the intended land use (residential, commercial or industrial) of the property.

The BEA
If the subject property meets the definition of a “facility” (where contaminant concentrations exist on a specific property at levels exceeding residential cleanup criteria, the state's most restrictive) then a BEA may be completed for that property.  Section 26(1)(c) of Part 201 provides certain liability protections to a person or entity who becomes an owner or operator of contaminated property on or after June 5, 1995 (or March 6, 1996, if the contamination results from a leaking underground storage tank regulated under Part 213) if that person or entity conducts a Baseline Environmental Assessment (BEA).

Prospective users can purchase or operate on contaminated property and avoid liability for ­existing contamination if a BEA is conducted prior to or within 45 days of purchase or occupancy.  Additionally, the BEA can be submitted to the Michigan Department of Environmental Quality (MDEQ) for disclosure (submittal) or determination (review and approval).

By completing a BEA, the prospective purchaser/operator can avail themselves of the following benefits:

Purchase contaminated or distressed properties that would otherwise sit vacant

Through due diligence activities, gain liability protection from the existing site contamination

Helps to facilitate financing for the purchase of the property by providing the lender environmental documentation of the
    property conditions prior to purchase

Allows the new owner/occupant to implement due care measures

Can help to streamline the future sale of the property knowing that a time-line of environmental history has been
    established

Since the amendments to PA 451 were adopted, CEG personnel have completed or have provided direct project management services for over 200 Baseline Environmental Assessments conducted at numerous development sites with various zoning requirements (industrial, commercial, residential/farmstead) throughout Michigan.

Whether it is part of the BEA process (perspective owner or operator/tenant), or as an existing owner prior to a pending property transaction, allow CEG's experience to provide you with sound and economical solutions as part of your development process.