Common use of PTNA Phase I Hazmat Study for Acquisitions Clause in Contracts

PTNA Phase I Hazmat Study for Acquisitions. A Phase I Environmental Site Assessment (ESA) completed in accordance with the Environmental Protection Agency (EPA) Final Rule for Standards and Practices for All Appropriate Inquires (effective November 1, 2006) must be obtained for all land acquisitions (but generally not for incidental right of way or easement acquisitions). The Final Rule can be complied with by following ASTM 1527-05 standards. The Phase I ESA must be reviewed by a qualified environmental professional as defined by the EPA Final Rule who is either employed by the entity or hired by the entity, where the review confirms that that there are no recognized environmental conditions (RECs) on the property. A copy of the Executive Summary, Conclusions, and Recommendation sections of the Phase I ESA and a copy of the review must be provided to the SNPLMA Division. The entity must provide confirmation that clean-up of potential RECs or concerns identified and recommended for removal in the Phase I have been carried out by a qualified firm in an appropriate manner. If the Phase I report identified RECs leading to the entity obtaining a Phase II for testing and confirmation of the existence and extent of the contamination, the entity must also provide the same sections and review of the Phase II Environmental Site Assessment. If the Phase II confirms the presence of hazardous materials requiring clean-up/reporting under Federal, state, or local laws and regulations, a Phase III clean-up plan must be developed and carried out. Following clean-up the entity must receive certification from the Nevada Department of Environmental Protection (NDEP) that the cleanup has been completed and no further action is required. A copy of the NDEP “no further action required” letter must be included in the documentation provided to the SNPLMA Division. These ESA requirements must be met before acquisition of the property is completed in order to obtain reimbursement from SNPLMA. If purchase funds are to be provided in advance, the ESA documentation is a part of the package that must be provided to the SNPLMA Division before purchase funds will be provided.

PTNA Phase I Hazmat Study for Acquisitions. ‌ A Phase I Environmental Site Assessment (ESA) completed in accordance with the Environmental Protection Agency (EPA) Final Rule for Standards and Practices for All Appropriate Inquires (effective November 1, 2006) must be obtained for all land acquisitions (but generally not for incidental right of way or easement acquisitions). The Final Rule can be complied with by following ASTM 1527-05 standards13 standards (or most recent version). The Phase I ESA must be reviewed by a qualified environmental professional as defined by the EPA Final Rule who is either employed by the entity or hired by the entity, where the review confirms that that there are no recognized environmental conditions (RECs) on the property. A copy of the Executive Summary, Conclusions, and Recommendation sections of the Phase I ESA and a copy of the review must be provided to the SNPLMA Division. The entity must provide confirmation that clean-up of potential RECs or concerns identified and recommended for removal in the Phase I have been carried out by a qualified firm in an appropriate manner. If the Phase I report identified RECs leading to the entity obtaining a Phase II for testing and confirmation of the existence and extent of the contamination, the entity must also provide the same sections and review of the Phase II Environmental Site Assessment. If the Phase II confirms the presence of hazardous materials requiring clean-up/reporting under Federal, state, or local laws and regulations, a Phase III clean-up plan must be developed and carried out. Following clean-up the entity must receive certification from the Nevada Department of Environmental Protection (NDEP) that the cleanup has been completed and no further action is required. A copy of the NDEP “no further action required” letter must be included in the documentation provided to the SNPLMA Division. These ESA requirements must be met before acquisition of the property is completed in order to obtain reimbursement from SNPLMA. If purchase funds are to be provided in advance, the ESA documentation is a part of the package that must be provided to the SNPLMA Division before purchase funds will be provided.