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I 1 I I I I 1 I 1 1 1 I 1 Imporlant InfOrmatlon About Yair eoenviponmental Rem Geoenvironmental studies are commissioned to gain information about environmental conditions on and beneath the surface of a site. The more comprehensive the study, the more reliable the assessment is likely to be. But remember: Any such assessment is to a greater or lesser extent based on professional opinions about conditions that cannot be seen or tested. Accordingly, no matter how many data are developed, risks created by unanticipated conditions will always remain. Have realistic expectations. Work with your geoenvironmental consultant to manage known and unknown risks. Part of that process should already have been accomplished, through the risk allocation provisions you and your geoenvironmental professional discussed and included in your contract's general terms and conditions. This document is intended to explain some of the concepts that may be included in your agreement, and to pass along information and sug- gestions to help you manage your risk. Beware of Change; Keep Your Geoenvironmenfal Professional Advised The design of a geoenvironmental study considers a variety of factors that are subject to change. Changes can undermine the applicability of a report's findings, conclusions, and recommendations. Advise your geoenvironmental professional about any changes you become aware of Geoenvironmental professionals cannot accept responsibili- ty or liability for problems that occur because a report fails to consid- er conditions that did not exist when the study was designed. Ask your geoenvironmental professional about the types of changes you should be particularly alert to. Some of the most common include: • modification of the proposed development or ownership group, • sale or other property transfer, • replacement of or additions to the financing entity, • amendment of existing regulations or introduction of new ones, or • changes in the use or condition of adjacent property. Should you become aware of any change, do not rely on a geoenvi- ronmental report. Advise your geoenvironmental professional imme- diately; follow the professional's advice. Recognize the Impact of Time A geoenvironmental professional's findings, recommendations, and conclusions cannot remain valid indefinitely. The more time that passes, the more likely it is that important latent changes will occur. Do not rely on a geoenvironmental report if too much time has elapsed since it was completed. Ask your environmental professional to define "too much time." In the case of Phase I Environmental Site Assessments (ESAs), for example, more than 180 days after submis- sion is generally considered "too much." Prepare b Deal with Unanticipated Conditions The findings, recommendations, and conclusions of a Phase I ESA report typically are based on a review of historical information, inter- views, a site "walkover," and other forms of noninvasive research. When site subsurface conditions are not sampled in any way, the risk of unanticipated conditions is higher than it would otherwise be. While borings, installation of monitoring wells, and similar invasive test methods can help reduce the risk of unanticipated conditions, do not overvalue the effectiveness of testing. Testing provides informa- tion about actual conditions only at the precise locations where sam- ples are taken, and only when they are taken. Your geoenvironmental professional has applied that specific information to develop a gener- al opinion about environmental conditions. Actual conditions in areas not sampled may differ (sometimes sharply) from those predicted in a report. For example, a site may contain an unregistered underground storage tank that shows no surface trace of its existence. Even condi- tions in areas that were tested can change, sometimes suddenly, due to any number of events, not the least of which include occurrences at