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Phase I Environmental Site Assessment

Phase I Environmental Site Assessment Template for Austria

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Key Requirements PROMPT example:

Phase I Environmental Site Assessment

"I need a Phase I Environmental Site Assessment for a commercial property acquisition in Vienna, Austria, due to close by March 2025, with particular attention to historical industrial use in adjacent properties and potential groundwater contamination issues."

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Document background
The Phase I Environmental Site Assessment is a fundamental environmental due diligence tool used in Austria for evaluating potential environmental risks and liabilities associated with real estate and commercial/industrial properties. This document is typically required during property transactions, refinancing, or when establishing environmental baseline conditions. It is conducted in accordance with Austrian environmental regulations, including the Federal Environmental Impact Assessment Act (UVP-G 2000), Federal Environmental Liability Act (B-UHG), and ÖNORM S 2088-1 technical standards. The assessment involves comprehensive research into the property's history, current conditions, and potential environmental concerns through document review, site inspections, interviews, and regulatory compliance evaluation. It serves as a critical risk management tool for property owners, buyers, lenders, and insurers, helping them make informed decisions while ensuring compliance with Austrian environmental regulations.
Suggested Sections

1. Executive Summary: Brief overview of the assessment findings, significant environmental conditions, and key recommendations

2. Introduction: Purpose and scope of the assessment, methodology used, and limitations of the study

3. Site Description: Detailed description of the property including location, size, current use, and physical setting

4. Environmental Setting: Description of geological, hydrogeological, and topographical conditions of the site

5. Historical Review: Analysis of historical site usage, previous owners, and historical operations

6. Site Reconnaissance: Observations from physical site inspection including current operations, storage practices, and visible signs of contamination

7. Interviews: Summary of interviews with current owners, occupants, and other knowledgeable parties

8. Records Review: Review of available environmental records, permits, and regulatory compliance history

9. Findings and Identified Environmental Conditions: Detailed presentation of all identified actual or potential environmental concerns

10. Conclusions: Professional judgment on the presence or absence of environmental conditions

11. Recommendations: Proposed next steps, including whether a Phase II ESA is warranted

Optional Sections

1. Regulatory Compliance Analysis: Detailed analysis of compliance with specific Austrian environmental regulations, included when the site has complex regulatory requirements

2. Previous Environmental Reports Review: Analysis of previous environmental assessments or studies, included when such reports exist

3. Vapor Migration Assessment: Evaluation of potential vapor intrusion risks, included for sites with volatile contamination potential

4. Natural Hazards Assessment: Evaluation of natural hazards risks, included for sites in potentially hazardous areas

5. Cultural and Historical Resources: Assessment of cultural or historical significance, included for properties with potential historical preservation requirements

Suggested Schedules

1. Site Photographs: Comprehensive photographic documentation of the site and notable features

2. Historical Aerial Photographs: Collection of historical aerial photographs showing site development over time

3. Historical Maps and Plans: Historical site maps, building plans, and land use documents

4. Environmental Database Search Results: Results from searches of environmental databases and regulatory records

5. Interview Records: Detailed records of interviews conducted during the assessment

6. Title Search Documents: Property ownership and land use history documentation

7. Regulatory Correspondence: Copies of relevant correspondence with regulatory authorities

8. Site Plans and Maps: Current site plans, topographic maps, and vicinity maps

9. Qualification Statements: Professional qualifications of the environmental professionals conducting the assessment

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Recognized Environmental Condition (REC)
Historical Recognized Environmental Condition (HREC)
Controlled Recognized Environmental Condition (CREC)
De Minimis Condition
Subject Property
Environmental Professional
Environmental Site Assessment
Contamination
Hazardous Material
Hazardous Substance
Dangerous Goods
Environmental Damage
Environmental Authority
Federal Environmental Impact Assessment Act
ÖNORM Standards
Site Reconnaissance
Environmental Database
Historical Sources
Environmental Liability
Regulatory Compliance
Environmental Media
Groundwater
Surface Water
Soil Contamination
Vapor Intrusion
Underground Storage Tank (UST)
Aboveground Storage Tank (AST)
Potentially Contaminated Site
Migration Pathway
Environmental Risk
Due Diligence
Data Gap
Significant Data Gap
User
Property Owner
Previous Owner
Adjoining Property
Industrial Use
Commercial Use
Residential Use
Agricultural Use
Waste Management
Remediation
Environmental Register
Applicable Standards
Scope of Work
Assessment Period
Professional Opinion
Clauses
Scope of Services
Assessment Methodology
Site Investigation Procedures
Document Review
Site Access
Confidentiality
Limitations and Exceptions
Representations and Warranties
Professional Standards
Regulatory Compliance
Environmental Conditions
Historical Review
Site Description
Environmental Setting
Records Review
Interview Procedures
Findings and Conclusions
Recommendations
Data Quality
Liability and Indemnification
Information Sources
User Responsibilities
Environmental Professional Qualifications
Report Reliance
Data Gaps
Special Terms and Conditions
Assessment Limitations
Documentation Requirements
Quality Assurance
Standard of Care
Relevant Industries

Real Estate

Banking and Finance

Industrial Manufacturing

Commercial Property

Retail

Logistics and Warehousing

Healthcare

Hospitality

Education

Energy

Agriculture

Mining

Chemical Industry

Waste Management

Construction

Relevant Teams

Legal

Environmental Compliance

Risk Management

Real Estate

Facility Management

Due Diligence

Property Development

Health Safety and Environment

Sustainability

Operations

Finance

Asset Management

Relevant Roles

Environmental Consultant

Real Estate Developer

Property Manager

Environmental Compliance Officer

Risk Manager

Commercial Property Lawyer

Bank Loan Officer

Insurance Underwriter

Environmental Engineer

Facility Manager

Due Diligence Specialist

Environmental Health and Safety Manager

Real Estate Investment Manager

Asset Manager

Sustainability Director

Industries
Federal Environmental Impact Assessment Act (UVP-G 2000): The primary Austrian legislation governing environmental impact assessments, setting out requirements for environmental evaluations of projects and developments
Federal Environmental Liability Act (B-UHG): Establishes the framework for environmental liability and damage prevention, crucial for understanding potential risks and liabilities in site assessment
Water Rights Act (Wasserrechtsgesetz 1959): Regulates water protection and management, essential for assessing potential groundwater contamination and water body impacts
Waste Management Act (Abfallwirtschaftsgesetz 2002): Governs waste management and disposal, important for identifying historical waste disposal practices and potential contamination sources
Federal Soil Protection Laws (Bodenschutzgesetze): Various state-level soil protection laws that regulate soil quality and contamination assessment
Trade Code (Gewerbeordnung 1994): Regulates industrial and commercial activities, relevant for assessing historical site uses and potential contamination sources
ÖNORM S 2088-1: Austrian technical standard for conducting contaminated site assessments, providing methodology and requirements for Phase I assessments
EU Industrial Emissions Directive (2010/75/EU): European directive implemented in Austrian law, relevant for assessing industrial sites and their potential environmental impacts
Contaminated Sites Remediation Act (Altlastensanierungsgesetz): Specific legislation dealing with the identification, assessment, and remediation of contaminated sites in Austria
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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