Phase I & Phase II
A site assessment is commissioned because somebody is about to take on a risk they cannot see. Its value is entirely in whether it is trusted by the lender, the buyer or the board reading it, which is a question about the work behind it rather than the length of the document.
What actually matters
The All Appropriate Inquiries rule requires a Phase I to be conducted by or under the supervision of a qualified Environmental Professional. An assessment that does not meet that bar may not support the liability protection it was bought for.
The findings have a limited shelf life, and parts of the inquiry age faster than others. An assessment commissioned early in a slow transaction may need updating before closing, which is cheaper to plan for than to discover.
Sampling follows from what the Phase I actually found. Going straight to Phase II without that basis spends money on the wrong locations, and skipping it when the Phase I called for it leaves the risk where it was.
An assessment that identifies a problem leaves you with a material to deal with and a timetable to deal with it in. That part is the rest of what KODA does, so the answer does not stop at the report.
What we need from you
What you get back
Deadline
Transaction-driven; a Phase I has a shelf life
KODA prepares the submission. Your authorized official certifies and files it — that is how the requirement is written, and anyone telling you otherwise is describing it loosely.
Questions
It depends on records access and on how quickly people who know the site history can be reached. Give us the closing date and we will tell you honestly whether it is achievable rather than agreeing and then asking for an extension.
Only if the Phase I identifies something that warrants it. The recommendation comes with the reasoning, so you can see what is driving it rather than taking the conclusion on trust.
A qualified Environmental Professional as the rule defines one. Ask us who it will be before you commission it — that is a reasonable question and you should get a straight answer from anyone you ask it of.
Also handled
The annual chemical inventory report. Prepared from your data, ready for you to certify.
Form R · due 1 JulyForm R, built from throughput and waste data rather than reconstructed each spring.
State & federal waste reportsAnnual and biennial waste reports, assembled from manifest data rather than rebuilt.
Tell us which filings you carry and we will tell you what we would need and when we would need it.