ENVIRONMENTAL SITE ASSESSMENTS

OHIO COMMUNITY DEVELOPMENT CONFERENCE

JENNIFER MILLER NOVEMBER 7, 2012

ENVIRONMENTAL SITE ASSESSMENTS

“The assessment or evaluation of a property to identify

potential environmental contamination and assess potential

liability for any contamination present at a property.”

- U.S. EPA All Appropriate Inquiry guidelines

ENVIRONMENTAL SITE ASSESSMENTS

Why do we do environmental site assessment?

＞ CERCLA (Superfund) and All Appropriate Inquiry

＞ General liability: protecting occupants of and visitors to the

completed project protects the owner as well

＞ Economic benefit: finding and addressing environmental

concerns results in a more marketable property

ENVIRONMENTAL SITE ASSESSMENTS

How to use your ESA report and consultant

PHASE I ESAIDENTIFYING ENVIRONMENTAL CONCERNS

PHASE I ESA

How do we do phase I ESAs?

＞ All Appropriate Inquiry: 40 CFR 312

＞ ASTM E 1527-05 – Standard Practice for Environmental Site

Assessments: Phase I Environmental Site Assessment Process

(currently under revision)

＞ OEPA Voluntary Action Program: OAC 3745-300-06

PHASE I ESA

Recognized Environmental Condition:

＞ 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, ground water, or

surface water of the property.

PHASE I ESA

Recognized Environmental Condition:

＞ The term includes hazardous substances or petroleum products

even under conditions in compliance with laws.

PHASE I ESA

Recognized Environmental Condition:

＞ The term is not intended to include de minimis conditions that

generally do not present a threat to human health or the

environment and that generally would not be the subject of an

enforcement action if brought to the attention of appropriate

governmental agencies. Conditions determined to be de minimis

are not recognized environmental conditions.

PHASE I ESA

What do we do?

＞ Site history

＞ Government databases

＞ Site inspection

＞ Interviews

＞ Report

PHASE I ESA: SITE HISTORY

Determine history of use to 1940 or earliest developed use,

whichever is earlier

＞ By definition, “developed use” includes agricultural use

＞ Five year intervals; larger intervals are allowed if use is obviously

unchanged (but use caution)

＞ Allowance for “data failure”

PHASE I ESA: SITE HISTORY

Aerial photographs (from engineer/planning, NRCS, ODOT)

PHASE I ESA: SITE HISTORY

Historical USGS topographic maps (online)

PHASE I ESA: SITE HISTORY

City/suburban/rural directories (local library history rooms)

PHASE I ESA: SITE HISTORY

Sanborn maps (local historical societies, OPLIN)