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_ r i } InfoPmelin Youp� � IAbout eoenviponmenlel i Geoenvironmental studies are commissioned to gain information Should you become aware of any change, do not rely on a geoenvi- about environmental conditions on and beneath the surface of a site. ronmental report.Advise your geoenvironmental professional imme- .The more comprehensive the study,the more reliable the assessment diately;follow the professional's advice. is likely to be. But remember:Any such assessment is to a greater or lesser extent based on professional opinions about conditions that Recognize the Impact of TO cannot be seen or tested.Accordingly,no matter how many data are A geoenvironmental professional's findings, recommendations,and f developed, risks created by unanticipated conditions will always conclusions cannot remain valid indefinitely. The more time that i remain. Have realistic expectations.Work with your geoenvironmental passes,the more likely it is that important latent changes will occur. consultant to manage known and unknown risks. Part of that process Do not rely on a geoenvironmental report if too much time has should already have been accomplished,through the risk allocation elapsed since it was completed.Ask your environmental professional provisions you and your geoenvironmental professional discussed to define "too much time." In the case of Phase I Environmental Site and included in your contract's general terms and conditions.This Assessments(ESAs),for example,more than 180 days after submis- document is intended to explain some of the concepts that may be sion is generally considered "too much." included in your agreement,and to pass along information and sug- gestions to help you manage your risk. PPBpaPe b Deal Wkh UnaMOaNd Conditions f The findings, recommendations,and conclusions of a Phase I ESA i Beware of Change;Keep YauP 6enenulPomneldal report typically are based on a review of historical information, inter- PPefessional Adufsed views,a site"walkover,"and other forms of noninvasive research. The design of a geoenvironmental study considers a variety of factors When site subsurface conditions are not sampled in any way,the risk that are subject to change. Changes can undermine the applicability of unanticipated conditions is higher than it would otherwise be. of a report's findings, conclusions,and recommendations.Advise your geoenvironmental professional about any changes you become While borings, installation of monitoring wells,and similar invasive aware of.G eoenvi ron mental professionals cannot accept responsibili- test methods can help reduce the risk of unanticipated conditions, do ty or liability for problems that occur because a report fails to consid- not overvalue the effectiveness of testing,Testing provides informa- er conditions that did not exist when the study was designed.Ask tion about actual conditions only at the precise locations where sam- your geoenvironmental professional about the types of changes you Ales are taken,and only when they are taken.Your geoenvironmental should be particularly alert to.Some of the most common include: professional has applied that specific information to develop a gener- a modification of the proposed development or ownership group, al opinion about environmental conditions.Actual conditions in areas • sale or other property transfer, not sampled may differ(sometimes sharply)from those predicted in a • replacement of or additions to the financing entity, report. For example,a site may contain an unregistered underground • amendment of existing regulations or introduction of new ones, storage tank that shows no surface trace of its existence. Even condi- or tions in areas that were tested can change,sometimes suddenly,due • changes in the use or condition of adjacent property. to any number of events, not the least of which include occurrences at