THE REGISTERED ENVIRONMENTAL ASSESSOR (REA)
The following information is extracted from the Department of Toxic Substances Control’s (DTSC) Registered Environmental Assessor website. If you buy, sell, lend, manage, or own commercial real estate or industrial property, the following information can assist you in these endeavors.
PROTECTING YOUR INTEREST
Failure to perform adequate or appropriate environmental assessment may subject you to major liability. The “innocent landowner” defense under State and federal Superfund laws requires that the purchaser perform an assessment using “all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practices…” (40 CFR Part 312).
A Phase I Environmental Site Assessment is an environmental investigation conducted prior to purchasing commercial or industrial real property. A pre-acquisition Phase I can identify the likelihood that hazardous materials, substances or wastes may have been used on, or may have contaminated, a property. A Phase I report will provide the purchasers and lenders with documentation of environmental due diligence and. Without conducting appropriate environmental due diligence prior to acquiring a property, you may be subject to financial liability to cleanup contamination on the property.
WHY YOU SHOULD USE A REGISTERED ENVIRONMENTAL ASSESSOR
Paraphrasing residential real estate’s mantra, the environmental assessment mantra is: “liability, liability, liability”.
The environmental consulting arena in California is populated by many consultants, engineers, geologists and other professionals all providing various services. Many possess the knowledge and experience to protect you and your clients from environmental liability. However, some may not.
The state has evaluated the experience and credentials of each Registered Environmental Assessor (REA) applicant and verified that he or she is qualified to conduct environmental assessments.
To limit liability for you and your client, you should have a qualified environmental professional assess property before transfers, urban redevelopment “brownfields” projects, or for property environmental testing or site cleanup.
Your Dilemma: You need a capable professional with verified qualifications.
The Registered Environmental Assessor Program (REA) can help you find an environmental professional registered by the State who can perform your environmental work. The Program is administered by the California Environmental Protection Agency’s Department of Toxic Substances Control (DTSC). It registers environmental compliance experts on a voluntary basis. Its motto is, “Serving California by identifying and registering qualified environmental professionals.”
The REA program is a State resource to assist you in finding licensed environmental professionals as you contract for environmental services. The REA Program maintains a directory of qualified REA registrants with contact information for professionals in your area. Information regarding each registrant is maintained in a database.
For more information contact the REA Hotline at (916) 255-4699 or online at http://www.dtsc.ca.gov/rea.
Excerpted by Will Davis, REA.