APPLIED ENVIRONMENTAL was contracted by a large national chain to complete due diligence on a compiled property that included several smaller parcels and a larger vacant parcel that had never been developed. A Phase I ESA that had been conducted by another firm identified that one of the smaller parcels had formerly housed an automotive service center. APPLIED ENVIRONMENTAL conducted a Phase II ESA in order to determine whether the historical or current operations of the automotive center had impacted soil or groundwater. The contamination did qualify the subject property as a “facility” and would allow the client to pursue a BEA, limiting their liability. The client, however, as part of the development of the property, wanted to attach an oil change facility. Therefore, APPLIED ENVIRONMENTAL recommended that a strategy implementing both an isolation zone and spatial separation be used in order to distinguish between old and new contamination to satisfy BEA requirements. A second Phase II ESA was conducted successfully to establish an isolation zone and spatial separation.
The BEA and Due Care Plan was subsequently submitted and affirmed by the MDEQ.