For more information on any of the topics highlighted in this publication, please contact Stephen J. Patterson, Chair at (603) 629-4526 or .
   
  Other Articles of Interest:
    Employee Benefits as Hiring Incentive
    Richard B. McNamara, Esq. Sworn in as New Hampshire Bar Association President
   
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  Volume 1, Issue 2
Originally Published, July 2006

Overview of Environmental Site Assessments

PHASE I ELEMENTS

A Phase I Environmental Site Assessment determines, for a parcel of real estate, the "recognized environmental conditions." That is, 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 the substance(s) into structures on the property, or into the ground, groundwater, or surface water of the property. It does this by accomplishing due diligence in:

   1. A visual inspection of the property, including walking over the entire site, ideally with the owner/manager/user present to answer questions.
   2. A comprehensive photographic log.
   3. Interviews with the owner/manager/user of all adjacent properties.
   4. A thorough review of all "practically reviewable" records pertaining to the property and surrounding properties within certain radii.
   5. A comprehensive written report.

PHASE II ELEMENTS

Based on a properly executed Phase I report advising a Phase II report, a Phase II shall consist of:
   1. The physical sampling of the site, using the recommendations of the Phase I report as a minimum guideline.
   2. A comprehensive written report detailing the rationale for the sampling that took place, the sampling protocols and procedures employed, an explanation of the analytical results, and, if necessary, a description of the recommended remedial action needed to restore the site to the appropriate condition for its intended use.

PHASE III ELEMENTS

Based on a properly executed Phase II report, a Phase III shall consist of:
   1. The design and implementation of the remediation of the site.
   2. All necessary reports and permits to achieve cleanup of the site to agreed upon site specific standards.

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Wiggin & Nourie, P.A.