ENVIRONMENTAL SITE ASSESSMENTS OHIO COMMUNITY DEVELOPMENT CONFERENCE JENNIFER MILLER NOVEMBER 7, 2012

ENVIRONMENTAL SITE ASSESSMENTS “The assessment or evaluation of a property to identify potential environmental contamination and assess potential liability for any contamination present at a property.” - U.S. EPA All Appropriate Inquiry guidelines

ENVIRONMENTAL SITE ASSESSMENTS Why do we do environmental site assessment? ＞ CERCLA (Superfund) and All Appropriate Inquiry ＞ General liability: protecting occupants of and visitors to the completed project protects the owner as well ＞ Economic benefit: finding and addressing environmental concerns results in a more marketable property

ENVIRONMENTAL SITE ASSESSMENTS How to use your ESA report and consultant

PHASE I ESA IDENTIFYING ENVIRONMENTAL CONCERNS

PHASE I ESA How do we do phase I ESAs? ＞ All Appropriate Inquiry: 40 CFR 312 ＞ ASTM E – Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (currently under revision) ＞ OEPA Voluntary Action Program: OAC

PHASE I ESA Recognized Environmental Condition: ＞ The presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, ground water, or surface water of the property.

PHASE I ESA Recognized Environmental Condition: ＞ The term includes hazardous substances or petroleum products even under conditions in compliance with laws.

PHASE I ESA Recognized Environmental Condition: ＞ The term is not intended to include de minimis conditions that generally do not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. Conditions determined to be de minimis are not recognized environmental conditions.

PHASE I ESA What do we do? ＞ Site history ＞ Government databases ＞ Site inspection ＞ Interviews ＞ Report

PHASE I ESA: SITE HISTORY Determine history of use to 1940 or earliest developed use, whichever is earlier ＞ By definition, “developed use” includes agricultural use ＞ Five year intervals; larger intervals are allowed if use is obviously unchanged (but use caution) ＞ Allowance for “data failure”

PHASE I ESA: SITE HISTORY Aerial photographs (from engineer/planning, NRCS, ODOT)

PHASE I ESA: SITE HISTORY Historical USGS topographic maps (online)

PHASE I ESA: SITE HISTORY City/suburban/rural directories (local library history rooms)

PHASE I ESA: SITE HISTORY Sanborn maps (local historical societies, OPLIN)