ECL was contacted by a potential
buyer of a gasoline station in northeastern Ohio. While performing
the environmental due diligence it became apparent that there was an
outstanding regulatory issue related to a release nearly 15 years
ago. The owner of the gasoline station had chosen not to act despite
repeated requests from BUSTR for additional information.
While investigating the release, ECL discovered a layer
of petroleum-impacted sand across most of the fore court area.
Although apparently not related to reported release, it none-the-less
required remediation for the transaction to proceed. Because the
real estate deal hinged on obtaining an NFA from BUSTR, dig and haul was
chosen as the most appropriate remedial method.
In the end over 400 tons of soil were excavated, half the
dispensers were removed, piping from the tanks to the dispensers had to be
cut and capped and then the hole backfilled. During the entire
process, ECL was in contact with the BUSTR reviewer and kept them in the
loop regarding progress and plans. Once the on-site work was
completed and analytical results compared to clean up levels calculated
specifically for the site ECL completed the required Tier 1 and Tier 2
reports and submitted them to BUSTR. Within 48 hours of submitting
the reports, and less than 90 days after breaking ground (including
Thanksgiving, Christmas and New Year), the owner received a no further
action letter (NFA) from BUSTR.
The environmental issues though, not only added the 90
days for remediation to the closing schedule, but resulted in even more
time being required for increased scrutiny during load underwriting.
Needless to say, the seller's hopes of moving the property in a hurry were
affected by his lack of attention to the letters from BUSTR.
