All Forum Posts by: Lawrence P. Schnapf

if there is residual contamination below the slab, it could pose a risk of vapor intrusion that could prevent you from renting the property for residential. The good news is that the solution can sometimes be simply installing a radon system under the slab (known as a sub-slab depressurization system or SSDS). you need to understand the conditions of the DEC no further action. when residual contamination remains, usually there are deed or use restricions. you should engage an environmental consultant to assess the risk. lenders will likely require it and may also want insurance policy. converting to self-storage may not help b/c there could be a concern about women of child bearing age being exposed to vapors. what state?  

First, vapor intrusion has become a leading source of litigation for personal injury and property damage claims. Vapors migrate from a contaminated source and you need to ascertain that the source of the contamination is confined to your property. vapors can migrate over significant distances especially if they get into sewers. I have been involved in projects where a spill of a bucket of solvent caused a plume over a mile long. The bad news is that California has very specific and stringent requirements for vapor intrusion. The good news is that California also allows a risk assessment to "risk away" concerns for commercial property. Lenders often want to see a mitigation plan that is approved by the state or local regulator and sometimes want a lender insurance policy to protect against property damage and personal injury claims. 

I suggest you engage Partner Engineering to review the results and propose a mitigation plan. If you want more information about vapor intrusion, you can visit the vapor intrusion page on my website ( https://www.environmental-law.net/environmental-law/vapor-intrusion/)

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there was just a decision in NY that held a MHP owner liable for cleanup of oil leak from above ground oil tank of one of the tenants who could not pay for the cleanup.  

Phase 1 environmental site assessment is a different report from the PCA

Phase 1 alone should be between $1500 to $3000 depending on the consultant and the size of the property. Phase 1 is important for multi-family to assess a number of conditions such as asbestos, lead paint, radon, lead in drinking water, potential impacts from adjacent properties, historic use of property, etc.

foregoing inspections is being penny-wise and pound-foolish. There could be issues that you have no clue might exist-the unknown unknowns. Right now you may only perceive the known unknowns....

There have been a number of news stories the past few months where people bought property without any inspections-especially foreclosure/tax lien sales- that had environmental issues that far exceed the property value. low-priced properties cannot absorb alot of environmental issues. Given building the age of the building, you will likely have lead paint and asbestos issues that CANNOT be addressed by unlicensed person. also need to check on presence of oil tank. public water or private well? public sewer or septic?   

since the property is on septic, you may want to collect groundwater samples to make sure contaminants have not escaped from the septic.I have come across many sites that were contaminated by fluids, oils, etc. disposed into the septic system. Floor drains in the garage could be connected to the septic system 

several issues: 

(1) obtain environmental monitoring data to see if current tanks are not leaking

(2) how old are tanks. did the gas station replace older tanks? if so, ask for closure reports for old tanks

(3) check condition of spill buckets and make sure they are monitored. if not, should collect samples from around those structures. they often get dinked by snowplows and vapors may escape then condense into soil.

(4) has property always been on public sewer since it operated as gas station. if not, did they perform auto repair? waste fluids could have been discharged into septic system.

(5) you say gas station is currently vacant. have the tanks been properly closed in accordance with temporary closure requirements? the clock is ticking on having to permanently remove the tanks. 

there are other issues but these are some of the more important diligence tasks.

For phase 1, need to examine condition of any above-ground tanks. does the MHP use on-site drinking water wells? if so, need water samples.  Does it have septic systems or public sewer? what was prior use of land (hopefully not a landfill)?