Uses8212;This practice is intended for use on a voluntary basis by parties who wish to assess the environmental condition of forestland or rural property of 120 acres or greater taking into account commonly known and reasonably ascertainable information. While use of this practice is intended to constitute all appropriate inquiry for purposes of the LLPs, it is not intended that its use be limited to that purpose. This practice is intended primarily as an approach to conducting an inquiry designed to identify recognized environmental conditions in connection with a property. No implication is intended that a person must use this practice in order to be deemed to have conducted inquiry in a commercially prudent or reasonable manner in any particular transaction. Nevertheless, this practice is intended to reflect a commercially prudent and reasonable inquiry. (See section 1.7.)
Clarifications on Use:
Use Not Limited to CERCLA8212;This practice is designed to assist the user in developing information about the environmental condition of a property and as such, has utility for a wide range of persons, including those who may have no actual or potential CERCLA liability and/or may not be seeking the LLPs.
Residential Occupants/Lessees/Purchasers and Others8212;No implication is intended that it is currently customary practice for residential occupants/lessees of multifamily residential buildings, occupants/lessees of single-family homes or other residential real estate, or purchasers of dwellings for one''s own residential use, to conduct an environmental site assessment in connection with these transactions. Thus, these transactions are not included in the term forestland or rural property transactions, and it is not intended to imply that such persons are obligated to conduct an environmental site assessment in connection with these transactions for purposes of all appropriate inquiry or for any other purpose. In addition, no implication is intended that it is currently customary practice for environmental site assessments to be conducted in other unenumerated instances (including, but not limited to, many forestland and rural acreage leasing transactions, many acquisitions of easements, and many loan transactions in which the lender has multiple remedies). However, forestland and rural acreage transactions may include improvements (including, but not limited to, residential dwellings, barns, sheds, garages, and greenhouses). Areas with such improvements shall be examined during the site reconnaissance as described in Section 9. Inspection of such improvements will normally focus on the exterior of the structures. The environmental professional shall determine, in his/her professional judgment, whether the interior inspections of such improvements are warranted. Factors influencing this determination can include whether: (1) there is specific knowledge of a potential environmental concern, (2) the improvement is accessible, and (3) the inspection is coordinated by the key site manager.