Site Assessment

CERCLA
Comprehensive Environmental Response, Compensation, and Liability Act
AAI
All Appropriate Inquiry
LLP
Landowner Liability Protection
REC
Recognized Environmental Condition – ref
ASTM
American Society for Testing Materials – International – Produced the Phase I site assessment standard in currently in use. 2013 revision is expected this year.
SARA
Superfund Amendments Reauthorization Act
1986 – first vague outline of how purchasers or landowners could qualify for the “Innocent Landowners Defense,” avoiding CERCLA Liability by stating that AAI has been thoroughly performed.

Chapter 25 Environmental Due Dilligence

Brownfield Initiatives/Amendments
1993 Initiative of EPA – adressed idle and underused properties with lower levels of contamination. Amendments of 2002 provided specific guidelines on how to meet the certain requirements.
Also introduced protections for
Bona-fide Prospective Purchaser and Contiguous Landowners…”a new rule which established clear standards for the Environmental Due Diligence industry”

Ch 5 Env. Due Diligence

EPA acknowledges ASTM AAI Standard 2006
2006 – EPA recognizes specific requirements that must be met for a defensible AAI. Makes the Environmental Due Diligence Process more standardized and ultimately defensible.
Small Business Liability Relief and Brownfield Revitalization Act
2002 – CERCLA amendment
Clarified the Innocent Landowner Defense, and legal statuses for buyers – Bona-fide prospective purchaser and Contiguous property owner.
Contiguous Property Owner
Bona-fide Prospective Buyer
Legal Landowner Defense
Environmental Indicators