0001.R000XM.1152.LP.pdf
200 Summit Drive, Suite 500 ■ Burlington, MA ■ 781-569-4000 ■ www.rouxinc.com
California ■ Illinois ■ Massachusetts ■ New Jersey ■ New York ■ Texas ■ Virginia 0001.R000XM.1152.LP April 7, 2023
Ms. Sarah LaValley, AICP City of Northampton Office of Planning and Sustainability 210 Main Street 2nd Floor Northampton, MA 01060
Re: ASTM International Standard Practice E1527-21– Phase I Environmental Site Assessment Lot 6A, Old Wilson Road, Northampton Massachusetts
Dear Ms. LaValley:
Roux Associates, Inc. (Roux) is pleased to submit this proposal (Proposal) to the City of Northampton (User) for a Phase I Environmental Site Assessment (Phase I ESA) of the above-referenced property (Subject Property).1 Based on the information provided by User, Roux understands that the Subject Property is a portion of Northampton assessor’s parcel 44-137-001 that contains approximately 3.2 acres of undeveloped land, primarily forested wetlands.
Roux proposes to conduct the Phase I ESA for a lump-sum fee of $4,000 (Lump-Sum).
1. PHASE I ESA SCOPE OF WORK
As specifically requested by User, Roux will perform a Phase I ESA using ASTM International Standard Practice E1527-21 (referred to hereinafter as “ASTM E1527-21”) based on Roux’s understanding that User desires to complete “all appropriate inquiries into the previous ownership and uses of the Property” in order to qualify for liability protection under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).2 Use of ASTM E1527-21 is consistent with the U.S. Environmental Protection Agency (EPA) All Appropriate Inquiries (AAI) Rule (40 CFR Part 312, Amendment to Standards and Practices for All Appropriate Inquiries Under CERCLA; Final Rule3), as amended effective February 13, 20234.
In accordance with ASTM E1527-21, the goal of the Phase I ESA is to identify any “recognized environmental conditions” that may exist at the Subject Property. Recognized environmental conditions are defined by ASTM E1527-21 as:
…(1) the presence of hazardous substances or petroleum products, in, on, or at the subject property due a release to the environment; (2)the likely presence of hazardous substances or
petroleum products in, or at the subject property due to a release of likely release to the environment; or (3) the presence of hazardous substances or petroleum products in, on, or at
the subject property under conditions that pose a material threat of a future release to the environment. A de minimis condition is not a recognized environmental condition.
The Phase I ESA will also identify “historical recognized environmental conditions”, and/or “controlled recognized environmental conditions” that may exist at the Subject Property in accordance with the definitions contained within ASTM E1527-21.
1 In accordance with ASTM Standard Practice E1527-21, “’User’ is defined as…the party seeking to use [ASTM Standard] Practice E1527 to complete an environmental site assessment of the property. A user may include, without limitation, a potential purchaser of property, a potential tenant of property, an owner of property, a lender, or a property manager.” 2 Due to the User’s ASTM E1527-21 responsibilities, Roux makes no guaranties or warranties, expressed or implied, that this Phase I ESA will in fact qualify User for a defense to CERCLA liability. 3 Federal Register: December 30, 2013 (Volume 78, Number 250) page 79319. 4 Federal Register: December 15, 2022 (Volume 87, Number 240) page 76578-76581.
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Ms. Sarah LaValley, AICP April 7, 2023
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Historical recognized environmental conditions are defined by ASTM E1527-21:
…a previous release of hazardous substances or petroleum products affecting the subject property that has been addressed to the satisfaction of the applicable regulatory authority
or authorities without subjecting the Subject Property to any controls (for example, activity and use limitations or other property use limitations). A historical recognized environmental
condition is not a recognized environmental condition.
Controlled recognized environmental conditions are defined by ASTM E1527-21:
…recognized environmental condition affecting the Subject Property that has been addressed to the satisfaction of the applicable regulatory authority or authorities with
hazardous substances or petroleum products allowed to remain in place subject to implementation of required controls (for example, activity and use limitations or other
property use limitations).
Recognized environmental conditions, historical recognized environmental conditions, controlled environmental conditions are collectively referred to as RECs/HRECs/CRECs.
In order to identify RECs/HRECs/CRECs that may exist at the Property in accordance with
ASTM E1527-21, the Phase I ESA conducted by Roux’s Environmental Professional5 will include the following four elements:
•Records review;
•Visual Inspection of Subject Property and adjoining property;
•Interviews; and
•Preparation of a Phase I ESA Report.
In addition, Roux will evaluate any information provided by the User pursuant to the User’s responsibilities under
ASTM E1527-21 (see section of Proposal titled “USER’S RESPONSIBILITIES UNDER ASTM E1527-21.
Upon completion of the records review, site reconnaissance, and interviews, and after consideration of the information obtained thereby (as well as any information provided by User pursuant to User’s responsibilities as the User of the Phase I ESA under ASTM E1527-21), Roux will prepare a Phase I
ESA Report documenting the scope, findings (e.g., known and suspect RECs/HRECs/CRECs), limitations, and opinions developed through completion of the Phase I ESA.
Roux will provide User with a draft Phase I ESA Report in electronic format (either in Microsoft Word or PDF format). If any elements of the Phase I ESA cannot be completed within the allotted time due to delays beyond the control of Roux (e.g., strikes, natural disasters, delays by regulatory agencies), incomplete activities will be identified as data gaps in the Phase I ESA Report. The final Phase I ESA
Report, addressing User’s comments, will be provided following receipt of all of User’s comments on the draft report. The final Phase I ESA Report will be provided in electronic (PDF) format.
5 Environmental Professional is defined as a person meeting the education, training, and experience requirements as set forth in 40 CFR 312.10(b).
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Ms. Sarah LaValley, AICPApril 7, 2023
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2. USER RESPONSIBILITIES UNDER ASTM E1527-21
Pursuant to ASTM E1527-21, several Phase I ESA tasks are the specific responsibility of the User of the Phase I ESA, and should be reported to the Environmental Professional performing the Phase I ESA.6 A
partial list of these requirements is included herein by way of illustration only. ASTM E1527-21 should be referenced for the complete list of User’s responsibilities.
•Should communicate any information, based on the User’s specialized knowledge or experiencethat is material to RECs in connection with the Property, to the Roux Environmental Professionalperforming the Phase I ESA (“Roux” is substituted hereinafter in this section for the “environmentalprofessional” as used in ASTM E1527-21) prior to the performance of the site reconnaissance.
•Should communicate to Roux prior to the performance of the site reconnaissance such actualknowledge User has of any environmental liens or activity and use limitations (AULs) encumberingthe Property or in connection with the Property.
•Should inform Roux if the User believes that the purchase price of the Property is lower than the fair
market value due to contamination.
•Should communicate to Roux prior to the performance of the site reconnaissance any commonlyknown or reasonably ascertainable information within the local community about the Property thatis material to RECs in connection with the Property of which User is aware.
•Should communicate to Roux the reason User wants to have the Phase I ESA performed.
Completion of searches for recorded environmental liens is a user responsibility and should be provided to Roux.
3.PHASE I ESA LIMITATIONS
The Phase I ESA proposed herein will not include consideration of matters specifically excluded by ASTM E1527-21, including but not limited to, asbestos-containing building materials, radon, lead-based paint and/or lead in drinking water, wetlands, regulatory compliance, fluorescent lighting, and mold. Emerging contaminants that are not defined as hazardous substances under CERCLA including, but not limited to per- and polyfluoroalkyl substances (PFAS) are outside the scope of the Phase I ESA. Note however, that some emerging contaminants not recognized as hazardous substances by CERCLA, may be considered “hazardous substances” or the equivalent under applicable state and local laws. If the Phase I ESA is performed to satisfy state requirements in addition to AAI, in such locations where the emerging contaminant is considered a “hazardous substance” or at the direction of the User this must be specifically set forth in this Proposal and in such case the Phase I ESA may include inquiries into the presence of these substances as a “Non-Scope Consideration”.
The Phase I ESA, likewise, will not include the sampling of any environmental media (e.g., soil, groundwater) at the Property. The Phase I ESA will not include the completion of searches for recorded environmental liens.
6 ASTM E1527-21 provides an optional questionnaire to assist the User in conducting the necessary inquiries required by 40 C.F.R. 312.25, 312.28, 312.28, 312.29, 312.30, and 312.31. A copy of the questionnaire is enclosed.
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Ms. Sarah LaValley, AICP April 7, 2023
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In the performance of the Phase I ESA, Roux will rely on information presented by others, often in preliminary, draft, or verbal form. As provided in ASTM-E1527-21, the
accuracy and completeness of record information varies among information sources…
Record information is often inaccurate or incomplete. Neither the user or environmental professional is not obligated to identify mistakes or insufficiencies in information provided.
However, the environmental professional reviewing records shall make a reasonable effort to compensate for mistakes or insufficiencies in the information reviewed that are obvious
in light of other information of which the environmental professional has actual knowledge.
Professional judgments expressed in the Phase I ESA Report will be based on the facts available to
Roux at the time of the performance of the Phase I ESA. Roux shall not be responsible for conditions or consequences arising from relevant facts that were concealed, withheld, or not fully disclosed at the
time the Phase I ESA was performed.
The Phase I ESA will be conducted with a reasonable degree of inquiry to identify RECs, but uncertainty is not eliminated. As cautioned in ASTM E1527-21, no Phase I ESA can wholly eliminate uncertainty regarding the potential for RECs in connection with a property. Performance of the Phase I ESA in
accordance with ASTM E1527-21 is intended to reduce, but not eliminate, uncertainty regarding the potential for RECs in connection with a property.
In order to satisfy the requirements of AAI pursuant to CERCLA section 101(35)(B), the Phase I ESA must be conducted not more than one year prior to the date of the acquisition or transaction (“transaction date”) with the following specific components updated within 180 days of and prior to the date of acquisition of the Subject Property:
•Interviews;
•Review of government records;
•Visual inspections; and
•Declaration of the environmental professional.
The report will be considered valid from 180 days from the earliest of the previously listed components.
4.APPROVAL
Roux appreciates the opportunity to provide this Proposal. Written authorization for Roux to commence the
Scope of Work set forth herein shall constitute acceptance by the City of Northampton that the Scope of Work set forth herein shall be performed in accordance with the general terms and conditions of the Master Professional Services Agreement dated September 6, 2022 between the City of Northampton and Roux (“Agreement”) and this Proposal, incorporated therein.
If it is acceptable to you, please indicate your approval and authorization for Roux to commence the Phase I ESA by signing this Proposal in the space provided below (or by having an authorized representative sign it) and returning a copy of the signed Proposal to Edward Weagle. Please retain a copy of this Proposal for your records. Upon receipt of the signed Proposal, Roux will commence the performance of the services as described in this Proposal.
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Ms. Sarah LaValley, AICP April 7, 2023
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Should you have any questions or require further information regarding this Proposal, do not hesitate to contact Ed Weagle by telephone at (413) 312-8782 or by email at eweagle@rouxinc.com.
Sincerely,
ROUX ASSOCIATES, INC.
Edward J. Weagle, LSP-MA, CHMM Nancy Nevins, LSP-MA
Principal Geologist Operations Manager/Principal Geologist
Enclosure - User Questionnaire
CITY OF NORTHAMPTON hereby authorizes ROUX ASSOCIATES, INC. to commence the Phase I ESA set forth herein and accepts and agrees to the General Terms and Conditions set forth in the
Master Professional Services Agreement dated September 6, 2022 between the City of Northampton and Roux Associates, Inc.
(Signature) (Title)
(Please Print Name) (Date)
ASTM E 1527-13 User Questionnaire
In order to qualify for the protection offered under the EPA All Appropriate Inquiry (AAI) Standard, the User (entities seeking
to use the ASTM E1527-13 Practice to complete an environmental site assessment of the property; i.e. Lenders and/or
Borrowers) must provide the following information (if available) to the environmental professional. Failure to provide this information could result in a determination that AAI is not complete. This information should be the collective knowledge of
the entities relying on the Phase I. Please note that you are not being asked to evaluate the property, but rather to provide your knowledge of information on the property.
Site Name/Address:___________________________________________________________________________
Person Interviewed/Title:______________________________________________Date:____________________
If known, when was the property initially developed?________________________________________________
If different, when were the current building(s) on the property constructed?______________________________
1. Environmental cleanup liens that are filed or recorded against the site (40 CFR 312.25).
Did a search of recorded land title records (or judicial records where appropriate, see note 1 below) identify any environmental liens filed or recorded against the property under federal, tribal, state or local law?
Yes___ No___ If you answer yes, please include an explanation in the space provided below:
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________
2. Activity and land use limitations that are in place on the property or that have been filed or recorded in a registry (40 CFR
312.26).
Did a search of recorded land title records (or judicial records where appropriate, see note 1 below) identify AULs, such as engineering controls, land use restrictions or institutional controls that are in place at the property and/or have been filed against the property under federal, tribal, state, or local law?
Engineering Controls are defined as physical modifications to a site or facility to reduce or eliminate the potential for exposure to hazardous substances or petroleum products in the soil or ground water on the property). Institutional Controls are defined
as a legal or administrative restriction on the use of, or access to, a site or facility to 1) reduce or eliminate the potential for exposure to hazardous substances or petroleum products in the soil or ground water on the property, or 2) to prevent activities
that could interfere with the effectiveness of a response action, in order to ensure maintenance of a condition of no significant
risk to public health or the environment.
Yes___ No___ If you answer yes, please include an explanation in the space provided below:
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
__________________________________________________________________________________________________________________________________________________________________________________________________________
Note 1 - In certain jurisdictions, federal, tribal, state, or local statutes, or regulations specify that environmental liens and AULs
f be filed in judicial records rather than land title records. In such cases judicial records must be searched for environmental liens
and and AULs.
3. Specialized knowledge or experience of the person seeking to qualify for the LLP (40 CFR 312.28).
Do you have any specialized knowledge or experience related to the property or nearby properties?
For example, are you involved in the same line of business as the current or former occupants of the property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business?
Yes___ No___ If you answer yes, please include an explanation in the space provided below:
__________________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
4. Relationship of the purchase price to the fair market value of the property if it were not contaminated (40 CFR 312.29).
a) Does the purchase price being paid for this property reasonably reflect the fair market value of the property?
Yes___ No___ If you answer no, please include an explanation in the space provided below, including whether the lower purchase price is because contamination is known or believed to be present at the property?
__________________________________________________________________________________________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________________________________________________________________________________________
5. Commonly known or reasonably ascertainable information about the property (40 CFR 312.30).
Are you aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example, as User:
a. Do you know the past uses of the property?
Yes___ No___
b. Do you know of specific chemicals that are present or once were present at the property?
Yes___ No___
c. Do you know of spills or other chemical releases that have taken place at the property?
Yes___ No___
d. Do you know of any environmental cleanups that have taken place at the property?
Yes___ No___
If you answered yes to any of the questions above, please include an explanation in the space provided below:
_____________________________________________________________________________________________________
__________________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________
6. The degree of obviousness of the presence of likely presence of contamination at the property, and the ability to detect the
contamination by appropriate investigation (40 CFR 312.31).
Based on your knowledge and experience related to the property, are there any obvious indicators that
point to the presence or likely presence of contamination at the property? Yes___ No___ If you answer yes, please include an explanation in the space provided below:
__________________________________________________________________________________________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________________________________________________________________________________________
Please provide the following property contact information:
Property Owner: ________________________ Phone Number: _____________________________
Key Site Personnel: ______________________ Phone Number: _____________________________
Past Owner: ____________________________ Phone Number: _____________________________