Once the Team has developed a defined business plan, on a strict confidential basis, separate and distinct of the Business and Legal Table, requests of the consultant and/or LSP strategy, understanding of a Scope and Extent required Without Contingency must be obtained. The regulations even in the face of a serious Notice of Responsibility (NOR), Notice of Non-Compliance (NON) or Administrative Consent Order (ACO) the regulations and statues provide reason and ability to negotiate, especially in the case of an ACO which may be a Good Thing.

The CIS Team with You the Lead, educates You with the ability to eliminate environmental services, provide Alternatives, Options and Contingency to your Business Plan and Legal Strategy.

Yes, you can as Your Team develops and may negotiate a regulatory compliance and accounting spread sheet, especially on behalf of a New Owner / Responsible Party (RP).

Initial stages of the offer identifying the lender, discussion with the Loan Officer; strict confidentiality, implement due diligence language, rules, eliminate any written reports to include drafts, with ownership of all data as Yours as the owner. Don’t expect a Bank’s Approved List to be interpreted as qualified and serving your best interest.

A Bank’s selected consultant, unless contracted directly with you named to be authorized to rely upon the report, may not be Yours. Don’t expect a Bank’s selected consultant interpreted as qualified and serving your best interest.

A Bank’s ordered ASTM Phase I ESA is, without you being named on your behalf with reliance, may not be in your behalf, only serving the lenders interest.

In the CIS Team experience, discussions, question, and requests, we have not understood the selection process decision basis; Your reason to Join and Lead the CIS Team.

Not in Our Opinion.

ASTM, The Industry Standard Vs. Regulation Mandates a Qualified Environmental, by education, license and Relevant Professional Experience (Defined in U.S. EPA All Appropriate Inquiry / Pursuit to 40 CFR 312.10) conduct the assessment; With Exception 7.5 Allows the defer to a lessor qualified individual to conduct the most important interviews and the site reconnaissance (the most important aspect) to an individual that “shall possess sufficient education, training, and experience; in reality, a Junior / Entry Level individual without any knowledge or experience.

The CIS Team mandates and ensures the individuals considering a complex nature of the Subject Property and Business Plan, and Investment, shall be an experienced Civil Engineer, Construction, Remediation, proven Experts, with environmental application. An environmental / Licensed Site Professional alone will not suffice, provide business, project or strategy.

Strict Confidentiality of all due diligence matters, assessment with the consultant / LSP identified prior commencement, with no reports written, nor drafts until verbal opinion provided to You and Your CIS Team. Any Phase II considerations shall not be written in a Phase I, nor recommended or mandated reporting obligations (again strict confidentiality / non-disclosure). Any Phase II consideration mandate strict CIS Team review and considerations. Compromised data provides serious consequences.

No. Even a draft as CIS is advised is a legal document. Terminate the business at hand, and the owner that maybe You, now has a compromised opinion for future disclosure to new buyers. All interests should consider as there are other options to ensure the deposit is addressed. Additionally, as a buyer may proceed who may also be You, the report, factual or not is an item.

The Phase I report should not be allowed to provide an opinion of contamination to be reported to DEP / EPA. Confidentiality must be applied. The Responsible Party (Usually the Owner) should hold any authority with the exception (Massachusetts) of imminent threat conditions which are clearly defined in the MCP Standard. In Massachusetts all LSP of Record Closures.

Consistent with strict confidentiality, with the Owner / Responsible Party (RP) holding full sole authority (with exception of an imminent threat condition in Massachusetts) should insist and eliminate any consultant / LSP from language to report. A “recognized environmental condition” is not a “reportable condition”; although shall be further reviewed and as decided by the Owner / RP, additional assessment considered.

PFAS, Poly-fluoro-alkyl Substances, thousands of chemical compounds used in industrial and domestic products and applications for over 65 years. Fire fighting foam, Teflon, coatings, makeup, stain resistant products. U.S. EPA and now States have implemented standards in the parts per trillion, priority for drinking water. Proposed assessment application will include consideration and we assume recommended standards to be adopted in transaction considerations and lending. PCB, Poly Chlorinated Biphenyl, first in electrical transformers, capacitors, dielectric fluids, under TOSCA have included paint coatings, window and masonry caulking. MA DEP 21E, PCB in soils are well below the 50ppm TOSCA trigger, upon a decision to test, may result in tremendous disastrous cost.

Manage and control the threat and actual release of oil and/or hazardous materials (O/HM), upgrade your petroleum storage tanks, ensure you have and are adequately insured. Upon a decision to refinance or sell, control the environmental due diligence assessment by third parties. Every consultant / LSP has diverse and at times compromised / conflicting opinion and advice.

Your CIS Team with you as the Lead under strict confidentiality, at low cost and schedule can evaluate the feasibility, highest best use, tax benefit, long term spread out defined cost to maintain regulatory compliance. This program may be acceptable to tenants, prospective buyers, lenders, institutional and private investors, and applied special insurance.