Commercial Real Estate Transactions Involving Industrial And Chemical Sites
New York and other states help ensure protection of the public from hazardous waste through state and federal laws governing environmental protections and cleanup of contaminated sites. Industrial, manufacturing and chemical sites often contain hazards arising from:
- Casual or regular practices of improper disposal onto the ground and into drain pipes that release into the ground
- Leaking underground storage tanks
- Residue from leaks and spills of chemical compounds into soil and water
- Illegal disposal of refuse in sewers, ditches, leaching ponds and roadside areas
Accountability For Contamination
Through the Superfund statute, the Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA, the Environmental Protection Agency (EPA) and the state of New York hold polluters responsible for contamination of industrial and chemical sites by hazardous substances. Prospective owners of such properties must obtain a compliance audit — a far more intensive investigation of past practices and reviews of permit and prior enforcement actions that occur in a Phase I environmental site Assessment. Owners, operators, sellers and buyers of industrial and chemical sites need legal counsel, as well as technical assistance to manage aspects of a facility transfer, including:
- Site evaluation for the complete history of facility operations and management through all past owners as well as the current owner
- Prior enforcement actions
- Environmental health and safety practices might have contributed to causing releases
- The corporate environmental culture — did management pay attention to and sufficiently budget to ensure the completeness of environmental permits, the adequacy of emergency procedures, annual reporting to EPA and the NYSDEC, and procedures for avoidance of permit violations?
- Identification and selection of remedial actions such as disposal or treatment of hazardous substances
- Allocation of cleanup responsibility to each party in a real estate transaction
- Compliance with cleanup standards
Periconi, LLC, has earned a reputation through a strong track record protecting clients — including buyers and sellers of manufacturing and other industrial facilities and more — during all phases of commercial real estate transactions. Lawyer James Periconi’s experience as a former environmental prosecutor with the New York state attorney general’s Environmental Protection Bureau, a former assistant New York County prosecutor and a chief of hazardous waste enforcement for the New York State Department of Environmental Conservation reassures potential clients and existing ones. The law firm’s depth and breadth of knowledge provides clients with a sophisticated risk assessment for such facilities, and workable plans of action in dealing with industrial, manufacturing and chemical sites.
Understanding How Environmental Laws Will Affect An Industrial Site Property Transfer
Parties to purchase contracts look to Periconi, LLC, for guidance and compliance with environmental laws covering industrial and chemical sites. To schedule a consultation, call 646-733-4487 or send an email message through this website.