In the past and currently, there are companies and individuals who think that being an environmental consultant is finding a way to design scientific reports that will not find an environmental problem at a property, even if it is there. Some of these consultants don't even have an education in the field and are mold, safety or asbestos technicians. You have to understand soil and groundwater science, in order to prepare an environmental assessment report properly. You also have to understand the regulatory and toxic tort issues involved with environmental liabilities. This judgment comes from having many years of experience in the field. The new EPA Law 40 CFR Part 312 has specific requirements on who can conduct Phase I Environmental Site Assessments. We operate under the philosophy that if there is "significant" contamination at a property, we need to find it in order to provide our clients with the best course of action. After all, this is why you are hiring an environmental consultant, for the expertise.
In almost all cases, the ultimate outcome makes the real estate transaction go through or makes the property more marketable to the next buyer. The most common outcomes are:
1. Report adherence to the ASTM standard for Landowner Liability Protection (essential)
2. No further action recommendations (most common)
3. Additional investigation
4. Agency consultations
5. Deed restrictions
6. Monitoring
7. Applying to cleanup funds
Companies or individuals that provide scientific investigations that are designed not to find contamination, even when it is there, are only creating future problems that can typically be resolved now. Even in some cases where regulatory-cleanup is required, there are often cleanup funds that will reimburse the responsible party for remediation and monitoring costs.
If you are unsure about a report that you have ordered or just as a standard practice, you should order a Peer Review report to make sure you are getting your money's worth. If a consultant cannot defend his/her report to you, then how will it be defended in the future when the substandard work is exposed when you try to sell the property, or the buyer finds a hidden liability down the road.
Get it done right, so that you are protected and you can sleep well at night. Enlightened business people understand that the appropriate risk analysis and properly designed assessment report will provide you with the information that you need, so you can take the proper course of action to resolve any potential issues at a property. In most cases, the outcomes are not disastrous and by having the work done properly, everyone involved will be happy that you did, including yourself.
