Site Inspections

Assessment

BrightFields’ environmental assessments provide for the detailed investigation of properties to identify potential or existing environmental liabilities. Federal Superfund (CERCLA) regulations state that an owner of a property can be found liable for environmental cleanup costs even if the owner did not cause the problem. As a result, the potential for financial liabilities associated with a property needs to be carefully reviewed prior to purchase. A buyer of a property would qualify for the "innocent landowner defense" provided under CERCLA if the owner conducted a "due diligence" investigation before buying the property. Many states have similar, or more stringent, liability provisions for owners or prospective owners. BrightFields can provide the following environmental assessment services:

• Phase I Environmental Site Assessments

• Preliminary Environmental Assessments (PEA)/Transaction Screens

Environmental Audits and Assessments provide for the detailed investigation of industrial or commercial development sites to identify potential or existing environmental liabilities. Generally, the financial liabilities associated with a facility are carefully reviewed prior to its purchase. As the costs of environmental clean-up have increased, property owners and purchasers have realized the importance of understanding and planning for remediation of environmental liabilities. In some states, regulations require the preparation of detailed closure and clean-up plans prior to the sale of land and commercial facilities. In other states, the responsibility for identification of potential environmental liabilities is often left to the buyer. BrightFields' Environmental Site Investigations provide crucial information concerning environmental issues to property owners, potential purchasers and/or lending institutions.

Investigation

Environmental Investigations are often geared towards identifying areas of a property that may contain environmental liabilities caused by historic industrial/commercial use or due to current site practices and procedures. All of BrightFields' Investigations are conducted paying strict attention to client confidentiality and are sensitive to timelines for property transactions and the need to minimize disruption to site operations.

BrightFields' staff has extensive experience in performing Remedial Investigations (RIs) throughout the country. These assignments have ranged from simple site inspections to multi-year, multi-site Remedial Investigations/Feasibility Studies (RI/FSs). The experience gained in these large, intensive programs is brought to bear on all of our projects, ensuring the highest level of quality in all of our products. There are numerous types of Environmental Investigations; BrightFields' Investigation capabilities include the following:

• Phase II Environmental Site Assessments - Multi-media Sampling

• Hydrogeologic Investigations - Tier 1, Tier 2 and Tier 3 Investigations

• Ecological Evaluations

• Delaware Risk-Based Corrective Action Program (DERBCAP) for the Underground Storage Tank Program

• Site Specific Work Plan Development and Implementation

• Regulatory Agency Negotiations

Phase I ESA / PEA (Transaction Screen):

The Phase I ESA includes a visual inspection of the property and interviews with knowledgeable persons to collect information regarding recognized environmental conditions. BrightFields’ sound and proven approach to Phase I Environmental Site Assessments has gained the company an excellent reputation with lenders, developers, and property managers. At present, the company prepares an estimated 100 assessments per year, for clients including financial institutions, industry, real estate developers, attorneys, and utilities. BrightFields’ experience is briefly reviewed in this section through the description of some of our representative projects. These policies and practices include consideration of ASTM standard number E 1527-05 Environmental Site Assessments: Phase I Environmental Site Assessment Process. The EPA has determined that ASTM E 1527-05 is in full compliance with the requirements for conducting All Appropriate Inquiry (AAI) specified in EPA’s AAI rule (40 CFR Part 312).

At the request of a buyer, a Preliminary Environmental Assessment (PEA) is at times conducted to review the historic and current uses of the site and environmental issues on nearby sites, to evaluate the need for more detailed follow-up work. To better serve the needs of our clients, BrightFields has modified the P.E.A. format to incorporate ASTM’s “Transaction Screen” criteria, which is based on ASTM Standard E 1528-06. If the potential for environmental issues is identified during the PEA, or if there is another reason to believe there may be potential environmental issues on the site, a comprehensive Phase I ESA of the site is conducted. The P.E.A. provides a lending institution with a general overview of the site to determine if further investigation is warranted. While the P.E.A. is not intended to be used in place of a Phase I Environmental Site Assessment, it is a type of environmental investigation that has value as a business decision screening tool, particularly for lower risk loans.