All Forum Posts by: Lawrence P. Schnapf

there have been a number of articles about the contaminants at former housing sites. while EPA has removed the more obvious debris, there can be all sorts of contaminants. One example is https://www.nrdc.org/stories/w... and https://synergist.aiha.org/201...

you should also check with your lender to see if they have an approved list of consultants

Partner Engineering is a good national firm.

To quote Yogi Berra's son when asked about how he and his father are alike "our similarities are very different". :) 

Each site is different and while the process will be similar, timing will also vary depending on complexity of contamination and development plans. Usually a buyer will have an environmental contingency which could include a condition precedent to closing being enrolling in the state brownfield program. while a phase 2 might be sufficient for lenders, you would need to do a comprehensive remedial investigation under the state brownfield program and then a remedial action plan (the document describing the cleanup) would have to be approved. usually cleanup is coordinated with development.  

the PA ISRP is a state program to incentivize the reuse of industrial properties- called brownfields. They are sites that are contaminated but not as bad as superfund sites.PA was one of the first states to create incentives for these sites. very good program. they dont view cleanup as enforcement but economic development. 

no- i used a link shortener so you would get the entire link. PA has some financial incentives for developers of contaminated properties. you if dont trust my link, go go the PADEP website and search for the ISRP page. I'm an environmental lawyer but i dont practice in PA, just NY and NJ. I could recommend an environmental boutique firm outside of Philly if you want to chat with a PA env atty. they have a good brownfield practice. 

Definitely worth enrolling in the ISRP or Act if you have contamination. Get liability relief, risk-based cleanup standards and possibly funding. Investigation costs may be covered if you enroll early. check website at: https://bit.ly/3b4eXNc.

There are city directories that might be available in the local library and possibly sanborn (fire) maps if you want to do this yourself. otherwise, a phase 1 consultant can obtain this historical information for you. 

in addition to the wastewater and drinking water systems (ask for compliance reports), should check condition of any above-ground storage tanks. although they may serve individual homes, MPH owners have been held liable when they leak because they technically good control their use and condition via leases. 

phase 1 will not confirm contamination. it is not an intrusive investigation. just a site visit and records review. most dry cleaners have unreported contamination. the phase 1 might flag a current dry cleaner for further investigation. however, it is the historic ones that are of greatest concern and if could be hard to determine if they conducted onsite operations or were just drop-off.