In today's regulatory and legal climate, the nature and scope of potential environmental liability associated with hazardous substances and waste has become a major concern. In the mid 1980s, the United States Congress expanded Superfund regulations by enacting the Superfund Amendment and Reauthorization Act (SARA). The SARA regulations establish strict liability for property operators, owners, both current and former, if contamination is found.
The commercial real estate market has attracted developers, investors and financial lenders to Arizona. With recent changes in federal, state and municipal environmental laws, new areas of liability have emerged in the transaction of properties contaminated with hazardous substances and waste. Given the substantial costs sometimes associated with rehabilitation of contaminated properties, it is prudent to determine the general risk of such regulated materials existing on the site prior to acquisition.
Liability for the cleanup of contaminated sites currently extends to four classes of entities:
Any existing owner or operator of a hazardous facility;
Any entity who previously owned or operated a facility at the time of disposal of the hazardous substance any hazardous substance generator including those who arrange to have toxic materials taken to a facility for disposal or treatment, and
Any entity that physically transports hazardous substances to a facility for disposal or treatment.
The SARA amendment does not relieve lenders from liability under CERCLA. The broad unavailability of environmental liability insurance may necessitate consultation with an experienced environmental risk assessment firm. Environmental concerns should be completely understood to provide facts upon which to base management decisions regarding the level of risk facing lenders, owners or purchasers.
Service Areas
- Phase I & II Environmental Site Assessments
- Groundwater Studies
- Soil Sampling & Assessment
- Surface Water Quality Sampling & Assessment
- Environmental Sampling (soil, water, waste)
- Government Regulatory Environmental Affairs
- Environmental Compliance Oversight
- Project Management
- Litigation Support
