Groundwater contamination, underground storage tanks, waste sites, and brownfields

Trace the environmental risk

Groundwater occupies saturated soil or rock beneath the surface. Releases from underground storage tanks or waste disposal areas can contaminate soil and reach groundwater. A contaminant plume may travel beyond the source parcel; a clean-looking surface does not establish environmental safety.

Tanks and waste sites

For regulated underground storage tanks, 42 U.S.C. § 6991b calls for release detection, records, reporting, corrective action, proper closure, and evidence of financial responsibility. Financial responsibility supports corrective action and covered third-party injury or damage; it does not certify a leak-free tank. Taking a tank out of service does not remove past contamination. Review tank and closure records and obtain appropriate investigation.

Closed waste sites may need continued monitoring and maintenance. Leachate is liquid that passes through waste and picks up contaminants. Landfill gas poses a separate concern. A building inspection does not replace environmental investigation.

Investigate before relying on appearances

A Phase I environmental site assessment generally examines historical uses, records, site conditions, and interviews to identify potential environmental concerns. It ordinarily does not include soil or groundwater sampling. A Phase II assessment uses targeted sampling and testing when further investigation is warranted. Investigation identifies contamination; remediation addresses contamination or exposure.

A brownfield is generally property whose expansion, redevelopment, or reuse may be complicated by actual or potential contamination. It need not be a confirmed hazardous waste site. Redevelopment can involve cleanup, monitoring, and land or groundwater use restrictions. Approval for commercial use does not establish suitability for unrestricted housing.

The federal Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA, can impose cleanup liability on specified responsible parties, including owners and operators, without proof of negligence. An assessment alone does not establish a liability protection. Specific obligations and protections depend on the facts and applicable law. Identify warning signs, disclose known material information as required, and refer investigation and liability questions to qualified environmental and legal professionals before commitment.