Re: [CPEO-BIF] Re: Brownfields Digest, Vol 6, Issue 10

[LSchnapf@aol.com]

Hi Peter,

 

Actually, VI often has not been evaluated in the past because it was not considered a media of concern (soil or groundwater) or because the old thinking was that contamination below 15 feet would not present a vapor issue. As a result, there may be brownfield developers who did not know about a VI problem until the recently.

 

Indeed, I had a transaction last year where there was six million parts per billion of TCE at 16 feet and seller indicated that no action was required because of the 15 feet rule and also claimed that OSHA had jurisdiction so that the more stringent state standards did not apply! Under the current EPA guidance that sets 100 feet as the screening depth, the seller would have to address the VI issue. If the bank had not required VI to be addressed, the parties would have closed without dealing with VI.  

 

Larry 

 

Lawrence P. Schnapf, Esq.
55 E.87th Street #8B
New York, NY 10128
212-756-2205 office
212-876-3189 (home office)
212-593-5955 (fax)
LSchnapf@environmental-law.net

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