Note: A new version of E1527 will be available in late November 2005.
1.1 Purpose -The purpose of this practice, as well as Practice E1528, is to define good commercial and customary practice in the United States of America for conducting an environmental site assessment of a parcel of commercial real estate with respect to the range of contaminants within the scope of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and petroleum products . As such, this practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner defense to CERCLA liability: that is, the practices that constitute "all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice" as defined in 42 USC [section]9601(35)(B). (See Appendix X1 for an outline of CERCLA''s liability and defense provisions.)
1.1.1 Recognized Environmental Conditions -In defining a standard of good commercial and customary practice for conducting an environmental site assessment of a parcel of property , the goal of the processes established by this practice is to identify recognized environmental conditions . The term recognized environmental conditions means 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, groundwater, or surface water of the property . The term includes hazardous substances or petroleum products even under conditions in compliance with laws. The term is not intended to include de minimis conditions that generally do not present a material risk of harm to public 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.
1.1.2 Two Related Practices -This practice is closely related to Practice E1528. Both are environmental site assessments for commercial real estate . See 4.3.
1.1.3 Petroleum Products - Petroleum products are included within the scope of both practices because they are of concern with respect to many parcels of commercial real estate and current custom and usage is to include an inquiry into the presence of petroleum products when doing an environmental site assessment of commercial real estate . Inclusion of petroleum products within the scope of this practice and Practice E 1528 is not based upon the applicability, if any, of CERCLA to petroleum products . (See Appendix X1 for discussion of petroleum exclusion to CERCLA liability.)
1.1.4 CERCLA Requirements Other Than Appropriate Inquiry -This practice does not address whether requirements in addition to appropriate inquiry have been met in order to qualify for CERCLA''s innocent landowner defense (for example, the duties specified in 42 USC [section]9607(b)(3)(a) and (b) and cited in Appendix X1).
1.1.5 Other Federal, State, and Local Environmental Laws -This practice does not address requirements of any state or local laws or of any federal laws other than the appropriate inquiry provisions of CERCLA''s innocent landowner defense . Users are cautioned that federal, state, and local laws may impose environmental assessment obligations that are beyond the scope of this practice. Users should also be aware that there are likely to be other legal obligations with regard to hazardous substances or petroleum products discovered on property that are not addressed in this practice and that may pose risks of civil and/or criminal sanctions for non-compliance.
1.1.6 Documentation- The scope of this practice includes research and reporting requirements that support the ......
Copyright ©2024 All Rights Reserved