Remedial Action Plan A Remedial Action Plan, or Remediation Plan is a guideline that proposes a series of engineering and geological procedures, in order to feasibly perform contamination cleanup actions over a strategic period of time. When pollution exists on a property, at levels requiring cleanup, it is important to design the most appropriate course…
Environmental Professional Definition Environmental Professional: As per the EPA’s All Appropriate Inquiries Rule, an environmental professional is an environmental consultant that has an accredited education in earth or natural science, at least five years of formal training under another environmental professional, a professional state license, and maintains expert knowledge in the environmental geology, sustainability, and…
All Appropriate Inquiries (AAI) The term “All Appropriate Inquiries” (AAI) is defined as the official EPA and ASTM method to inquire about current or historical environmental conditions that may exist on a property, in relation to their legal and environmental liabilities during a commercial real estate transaction. The All Appropriate Inquiries “Final Rule” is 40 CFR…
Definition of Recognized Environmental Condition (REC) What is a Recognized Environmental Condition (REC)? A simplified definition of a recognized environmental condition (REC) is any occurrence whereby: 1). actual pollution of the environment is occurring; 2). the threat of pollution of the environment occurs; or 3). there is a preponderance of evidence suggesting possible pollution of…
De Minimis Condition in Phase 1 ESA Reports? A de minimis condition, as per the ASTM E1527 Standard for Phase 1 Environmental Site Assessment reports, is a property condition that doesn’t pose a threat to human health or the environment. Although this is a notable concern to document, it does not warrant further action or…
What is a Brownfield Site (Brownfields)? A Brownfield site is real property with plans for redevelopment, that has the potential presence of pollution and subsurface hazardous substance contamination. And the Brownfields Revitalization and Environmental Restoration Act of 2001 (also known as the Brownfields Act) encourages environmental remediation when and where necessary. The act is a…
What is a Phase II ESA in Real Estate Due Diligence? The term “Phase II ESA” is short for Phase II Subsurface Investigation. It is an environmental due diligence report that typically follows the Phase 1 Environmental Site Assessment process when recognized environmental conditions are apparent. During the commercial real estate due diligence period, this…
