To continue with our Phase I Environmental Site Assessment (ESA) “Quirk” series, let’s expose a Recognized Environmental Concern (REC) that can easily be missed if you’re not careful, and attentive: Farm Dumps…and more specifically, those “solid waste” dump areas.  

Similar to our previous posts (Phase I ESA Quirks Volume I: Historic Deeds, and Volume II: Stained Concrete), where we identified how significant the smallest pieces of information can oftentimes be, that remote dump area in the back 40 of a farm is usually lurking…and hopefully you find it.  Now, farms will typically have many RECs when conducting due diligence, but solid waste dump areas on a farm may not be as obvious for the investigator or Environmental Professional (EP). Even experienced practitioners can miss them (especially if that dump is actually a landfilled area). Unfortunately, not identifying a dump area could have significant ramifications down the road, so keep your eyes open and pose the question to the property owner, farmer, tenant, or whoever may have knowledge of dumping.  In lieu of obtaining useful information, during a site walk keep your eyes open for these areas (just to name a few): 

• Low-lying areas.
• Areas with relatively new to medium tree or brush growth.
• Areas with no growth (or stressed vegetation).
• Embankments.
• Sloped areas near streams or creeks.
• Areas adjacent to access roads (or dead ends).
• Old dry wells, foundations / basements, vaults, or septic tanks.
• Behind buildings/structures.
• Miscellaneous objects “protruding” from the ground surface (not always a “no brainer” as solid waste could be scattered over large areas).

The ultimate goal is to identify the where, why, and what in these situations and ascertain the likelihood that the contents of that solid waste resulted in a release to the subsurface soils (or groundwater). Also, taking a deeper look usually isn’t that difficult, but the investigator should be prepared to do some bush-whacking, and digging, if the situation presents itself.  

*For all of the practitioners, real estate professionals, and lenders, let us know what your war stories are for the infamous farm-dump areas found during your due diligence projects…and more interestingly, what happened when they were found “after the fact?”  

We hope that you find these posts informative, and relatively useful, and your feedback is always welcome. Stay tuned for future Phase I ESA tips and tidbits in the upcoming weeks…as there are plenty of lessons and unique observations to be shared, which could ultimately make our jobs easier!  

For further information, or for assistance on your next project, please don't hesitate to contact us at tfrancis@cardinallsrp.com, or www.cardinalLSRP.com.