Common Sense Solutions, LLC provides legislative lobbying for remediation technologies, chemical manufacturing, and other industries.  As your Washington representative, we will put persuasive evidence in front of the committees and key legislators that will make a difference.  We will review and redraft bills, forge alliances, attend hearings, meetings, and related political events that can impact your business. With monthly updates, we will keep you informed of critical bill changes, voting results, proposals, and other pertinent events.

Real Estate Transfer Assessments

Common Sense Solutions, LLC conducts complete "Phase I" real estate assessments to disclose environmental problems during real property transfers. Our personnel perform a complete inspection of the property and describe in detail the site features and potential environmental anomalies. A site investigation can include inspections of building interior and exteriors, public utilities, transformers, septic systems, water wells, underground storage tanks, and other items with the potential for environmental contamination. All Phase I reports explain current and potential site concerns, make remedial recommendations and are specific to each individual property.

Effective November 1, 2006, the EPA "All Appropriate Inquiry" (AAI) rule goes in effect. The AAI rule references the American Society for Testing and Materials (ASTM) Standard Practice 1527ˆ "Standard Practice for Environmental Site Assessments." The ASTM 1527 Standard has been the recognized method for conducting real estate environmental assessments since 1993. Compared to the current standard, the AAI rule will require:
·  A broader scope of environmental inquiry;
·  The Environmental Professional preparing the environmental assessment to have specific educational and experience requirements;
·  Extensive reliance on the Environmental Professional‚s judgment;
Users of the property (i.e., seeking the Landowner Liability Protections) to share certain types of information with the Environmental Professional;
·  Identification of data gaps, a description of the efforts to resolve them, and an opinion about the impact of the data gaps on the ability to identify conditions indicative of releases or threatened releases of hazardous substances;
·  The Environmental Professional to express written opinions about the thoroughness and reliability of the data gathered in the AAI process;
·  The Environmental Professional to make declarations in the due diligence report regarding credentials and qualifications; and
·  Comparison of the purchase price to the value of the property if the property was not contaminated.

New Property Owner Defenses: Parties (including recipients of Brownfield grants) who want to seek a defense to Superfund (CERCLA) liability must comply with a number of requirements outlined in CERCLA and the Brownfield Act. One of these is performing "all appropriate inquiry" to determine the potential for environmental liabilities to exist on a property Under the Brownfield Amendments, qualifying for one of the Landowner Liability Protections will require demonstrating compliance with the AAI rule.

Impacts to Your Property Purchase

Will Your Company Need to Comply with AAI? Well, are you seeking Superfund liability protection? Then the answer is YES. If you are performing the due diligence for business reasons alone, then the answer is most likely, NO. However, most financial institutions already require compliance with the ASTM standard; therefore, the updated AAI compliant version 1527-05 standard will most likely remain the accepted standard. The AAI rule was designed to limit unknown long-term liability. Consequently, the AAI rule and updated ASTM Standard process will require more comprehensive investigation, interviews, and documentation.

Common Sense Solutions, LLC will assist your company by conducting the proper investigation and providing the required documentation. We can help you understand the impact of the AAI rule and the updated ASTM 1527, thereby allowing you to make informed business decisions.

For more information call: (703) 759-9796
or email us at: info@csshome.com.

Home Page  |  Services  | Meet the President  | 
Related Links  |  Frequently Asked Questions  | Contact Us