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Environmental Site Assessment (Phase 1) Exam
Terms in this set (24)
Environmental Site Assessment, as defined by ASTM E 1527 (3.2.33), and E 1528 is the process by which a person or entity seeks to determine if a particular parcel of real property (including improvement) is subject to _______________. What is the primary outcome of a Phase 1 Site Assessment? To identify_____________.
Recognized Environmental Conditions (RECs)
What historic environmental disaster marked the genesis of the Super Fund Program?
What circumstances would make a contiguous property owner ineligible for liability protection (42 U.S.C. §9607)?
Prior or current knowledge of contamination on property, i.e., RECs
What are the main objectives of CERCLA?
(1) Reduce and eliminate threats to human health and the environment posed by uncontrolled hazardous waste sites; and respond to release or threatened releases of hazardous substances
(2) Congress passed CERCLA to address the dangers of abandoned or uncontrolled hazardous waste dumps by developing a nationwide program for: emergency response, information gathering and analysis, liability for responsible parties, and site cleanup
What is the National Priorities List (NPL)?
The National Priorities List (NPL) classifies sites that are the nation's priorities for cleanup under Superfund. Only sites on the NPL may qualify for lo
Name the three types of liability imposed under CERCLA.
strict, retroactive, joining & several liability
How many years back is appropriate for a minimum search or what year (Hess)?
50 years or back to 1940
According to ASTM 1527, how many years back must one go to satisfy appropriate inquiry?
All obvious uses of the property shall be identified from the present, back to the properties first developed use, or back to 1940, whichever is earlier.
What is a reason one may not go back to the time a property was first developed?
If information was not reasonably ascertainable and likely to be useful. (Data failure)
When does data failure occur?
Data failure occurs when all of the standard historical sources that are reasonably ascertainable and likely to be useful have been reviewed and yet the objectives have not been met.
What are the types of written encumbrances to a Title?
Easement: the right of use over the property of another.
Right-of-way: Term used to describe a right belonging to a party to pass over the land of another.
Lien: A claim or charge on property for payment of some debt, duty, or obligation.
Who may conduct a Phase 1 Environmental Site Assessment?
An environmental professional
According to the E 1527-13, what is the objective of a site reconnaissance?
The objective of the site reconnaissance is to obtain information indicating the likelihood of identifying recognized environmental conditions in connection with the property
Knowing the future intended use of a site, a Phase I and site reconnaissance are performed to help identify potential ______________ pathways/routes. With this information identified, engineering and institutional controls can then be implemented to address hazardous substances or petroleum products that may exist on the site
True or False - A rigorous Phase One would include visual and/or physical observation which may involve minimal invasive observation; for example digging around an oil tank to better understand if oil might be leaking from a tank.
If the reason behind conducting environmental due diligence is to qualify for one of the CERCLA Landowner Liability Protections (LLPs), should the transaction screen process outlined in ASTM 1528-14 be applied?
According to HESS Chapter 8 - During a Phase I, the minimum parties/individuals to be interviewed include:
present owner, past owners, site residents, site personnel, and local government agencies
According to ASTM 1527-13, what is one reason a data gap may result from the interview process?
An inability to interview the key site manager, regulatory officials, etc.
According to E 1527-13...Regarding "Limitations" with regard to a Site Reconnaissance activity, what is the Environmental Professional required to document?
- The environmental professional shall document, in the report, general limitations and basis of review, including limitations imposed by physical obstructions such as adjacent buildings, bodies of water, asphalt, or other paved areas, and other physical constraints (for example, snow, rain).
To what extend are topographic conditions of a property to be noted in an ESA report?
The topographic conditions of the property shall be noted to the extent visually and/or physically observed or determined from interviews, as well as the general topography of the area surrounding the property that is visually and/or physically observed from the periphery of the property."
When is it important to analyze hydrogeological, hydrologic, and topographic conditions?
If any information obtained shows there are likely to be hazardous substances or petroleum products on the property or on nearby properties and those hazardous substances or petroleum products are of a type that may migrate, topographic observations shall be analyzed in connection with geologic, hydrogeologic, hydrologic, and topographic information obtained pursuant to records review and interviews to evaluate whether hazardous substances or petroleum products are likely to migrate to the property, or within or from the property, into groundwater or soil.
What are the standard historical sources that should be reviewed during a Phase 1 ESA according to Section 8 of ASTM E1527-13:
Aerial Photographs, Fire Insurance Maps, Property Tax Files, Recorded Land Title Records, USGS Topographic Maps, Local Street Directories, Building Department Records, Zoning/Land Use Records
According to ASTM E1527-13, aerial photographs must have sufficient resolution to allow for the identification of what?
photographs taken from an aerial platform with sufficient resolution to allow identification of development and activities of areas encompassing the property
According to ASTM E1527-13, what are potential places you can obtain sources such as fire insurance maps, local street directories or aerial photographs?
(1) Aerial photographs are often available from government agencies or private collections unique to a local area.
(2) Fire insurance maps, local street directories or aerial photographs may be available for review from public libraries, colleges, and local historical societies, or from commercial services
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