Environmental Property Assessments

CERCLA (Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended, 42 U.S.C. 9601 et seq.) provided the federal government with the power to respond to actual or threatened releases of hazardous substances, abate the releases of hazardous substances and recover damages associated with the response actions.

A hazardous substance is defined as:

a) toxic pollutants and hazardous substances regulated under the Clean Water Act (CWA);

b) hazardous wastes regulated under the Resource Conservation and Recovery Act (RCRA);

c) hazardous pollutants regulated under the Clean Air Act (CAA);

d) chemicals designated as "imminently hazardous" and regulated under the Toxic Substances Control Act (TSCA).

CERCLA's liability is boundless. Past and present property owners, lending institutions, hazardous waste generators, transporters and others can and have been held accountable for contaminated property. In order to limit liability and negative publicity for all parties involved, environmental property assessments have become an essential part of real estate transactions and lending institution's protocol.

Nova Environmental, Inc. is able to provide its clients with the proper level of "Appropriate Inquiry" as required by applicable regulations and industry standards.

Levels of Site Audits and Assessments

A Transaction Screen Process is often referred to as a "limited" Phase I Environmental Site Assessment (ESA). The Transaction Screen provides an initial investigation into the property and its uses, history and potential for environmental concerns.

The Phase I - Environmental Site Assessment is a "comprehensive" investigation of a property and its adjoining properties which reveals potential contamination through research into the site's history and governmental records and through an extensive site reconnaissance.

A Phase II - Environmental Site Assessment is performed when the evaluation activities and background information provided from a Phase I Environmental Site Assessment requires the confirmation of the magnitude and significance of identified hazards (or potential hazards).

Environmental Site Audits (environmental compliance review) and SARA Title III Community Right-To-Know consulting services are also offered by Nova Environmental, Inc..