The primary purpose for conducting a Phase I Environmental Site Assessment (ESA) is to determine if the real property (including improvements) being considered for purchase, refinance, foreclosure or development is subject to “recognized environmental conditions” (RECs), particularly those described in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Clean Water Act (CWA), where applicable. The preparation of the Phase I ESA is intended to permit the purchaser to satisfy requirements that qualify for the “innocent landowner defense” to CERCLA liability, namely “all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice”, as defined in 42 USC §9601(35)(B).
The Headwaters environmental professionals have completed numerous Phase I ESAs on both developed and undeveloped properties throughout the southern United States. Headwaters personnel perform all the Phase I ESAs in conformance with standards developed and published by the ASTM International as ASTM Standard Practice for Environmental Site Assessments (Designation E 1527-13). The Phase I ESAs completed by the Headwaters staff are conducted in accordance with the requirements of the Environmental Protection Agency’s “All Appropriate Inquiries” final rule as recorded in 70 CFR 66070, and the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, ASTM Standard E 1527-13.