All Forum Posts by: Lawrence P. Schnapf

make sure you have thorough phase 1 environmental site assessment and may want to consider an environmental compliance component depending on the current operations.  

First question is are the wetlands federally, state or locally regulated. there are different rules depending on how they are regulated.

check aerial photographs as a starting point and then state/federal environmental databases. while you can do this yourself, it is best to engage an environmental consultant to do this.

Mining operations even sandstone can have environmental concerns depending on how the excavation machinery was managed. There could be "closure" costs associated with he mine. Also have to make sure the former mine has not been used for dumping (it is not uncommon). definitely would want to assess potential impacts especially if buyer wanted to change use... 

means that there is residual contamination remaining at the site and that there are certain use restrictions that must be complied with to ensure the limited cleanup remains protective. The restrictions can range from not using groundwater, to not digging dirt, limiting the use to the current use, maintaining the cap that covers the contamination such as parking lot or building foundation. there also may be certain periodic inspection and reporting obligations. the particular restrictions will be recorded and you can see them in the title work.   

Jordan Berry- you have been lucky with laundromats. I'm an environmental lawyer and have seen plenty of laundromats that have contaminated sites. need to do thorough due diligence before acquiring any of these types of businesses.  The contaminants do not degrade quickly and sink into the groundwater. Since they are often located in residential neighborhoods, they can pose significant toxic tort claims. even if groundwater is not used for drinking purposes, vapors can migrate into homes. Some site have zones of contaminated groundwater that extends for a mile. Plaintiffs' lawyers love dry cleaner lawsuits. ..and California just tightened its standards. Buyer Beware! 

75%-80% of dry cleaners have impacted the site where they are located. many laundrys also use chlorinated solvents for spot cleaning, etc. that can result in contamination as well. You would be well advised to perform sampling before you agree to purchase such a business or real estate with such an operation. You should have a due diligence "out" in your contact if the results of the phase 2 detect contamination.  

the federal asbestos rules have been in effect since 1972. dont have to remove all the asbestos, just asbestos that you disturb or that is damaged. The federal asbestos rules trigger when disturb certain quantity of asbestos-containing materials (e.g. 35 cubic feet, 140 liner feet). States may have lower thresholds.  

if the site has some contamination, you need to consider how to allocate that liability with both the seller and among the buyer group. did your BF business contribute to the contamination? 

The phase 1 is an element needed to qualify for a defense to liability in the event you discover some illegally disposed waste. If this was formerly a farm, it is not unheard of for farmers to grab some extra income by allowing dumping on the back 40 or for there to be pesticides. Moving around contaminated dirt can make you a responsible party. You can view the relatively small cost of the phase 1 like an insurance premium.