Real Property Transfers

Real Property Transfers

Situation

A large property used as a bakery was subject to a change in land use. During the Phase I historical review, sales multiple recognized environmental conditions (RECs) were identified because the site had been a former gas station. Records indicated four underground storage tanks had been removed prior to 1961. However, price the confidence level of available records was brought into question and as such; CA RICH suspected numerous other potential environmental problems associated with the historical use of this property.

Our RECs also included the presence of an out-of-service aboveground storage tank behind the building, page suspect hydraulic lifts, an oil-water separator, and exterior dry wells. It was revealed that this property was also listed in multiple regulatory databases as an active truck repair shop (e.g. RCRA-CESQG, FINDS, MANIFEST), and had an open NYSDEC Spill Number. The change in land use to accommodate the prospective purchaser’s desire to improve the property needed to happen quickly and consequently; these outstanding environmental problems had to be addressed in a timely fashion.

Solution

CA RICH quickly characterized the soil and groundwater to see how severely the historical usage may have impacted the property. Four hydraulic lifts and the oil-water separator along with their appurtenant floor drains were quickly removed under Agency oversite. Exterior stormwater dry wells were cleaned. CA RICH also performed a ground penetrating radar survey to confirm that the four underground storage tanks had been removed. The open Spill was Closed by the State in a timely fashion, and the Buyer was able to move forward with his plans.