RSRA EZ Screen Standard Terms and Conditions

STUDY LIMITATIONS AND RESTRICTIONS

The purpose of the proposed assessment is to serve as a screening tool to categorize the potential for environmental risk for lending purposes, not to provide liability protection under state or federal law. The assessment is not intended to identify the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, ground water, or surface water of the property.

A Phase I Environmental Site Assessment would be required to satisfy the “all appropriate inquiry” requirement to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability (known as landowner liability protections or LLPs).

The scope of services performed in the execution of this evaluation may not be appropriate to satisfy the needs of other users, and reliance of this assessment or its findings, conclusions, or recommendations are at the risk of said users. This assessment will not provide any liability protection for anyone. A Phase I Environmental Site Assessment should be performed prior to foreclosure.

Sierra Consultants assumes that the information provided by others is accurate and that no pertinent information is withheld. Sierra Consultants cannot warrant the accuracy, completeness, currency, merchantability, or fitness of any information related to information provided by others and incorporated into this assessment. To the extent it is part of this assessment, such information is not the product of an independent review conducted by Sierra Consultants. Neither can Sierra Consultants warrant against the consequences of any data gap resulting from a lack of, or an inability or failure to obtain information required by current standards and practices, regardless of efforts to gather such information.

This assessment does not warrant against future operations or conditions, nor does it warrant operations or conditions present of a type or at a location not investigated. Environmental regulations and their enforcement are subject to constant change. There can be no warranty express or implied and we offer no warranty, express or implied, to investigate, detect or otherwise uncover pre-existing, existing or future liability outside the scope of this agreement.

The purpose of this EZ-Screen is to serve as a screening tool to categorize the property as a “low”, “elevated”, or “high” environmental risk for lending purposes not to provide liability protection under state or federal law. Sierra Consultants recommends that a new owner or operator perform all appropriate inquiry into the property in order to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability (known as landowner liability protections or LLPs). A Phase I Environmental Site Assessment is required to satisfy the “all appropriate inquiry” requirement to qualify for LLPs. An EZ-Screen is not a substitute for an ASTM Phase I Environmental Site Assessment. This screen is not intended to identify the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, ground water, or surface water of the property.

“Clean or Free” does not mean that the property is clean. It means that if the results of the EZ Screen (RSRA Process per SBA) are elevated or high risk AND a Phase I Environmental Assessment is recommended, that the EZ Screen fee will be waived or refunded.

48 hour turnaround means that by 5pm on the end of the second business day after ordering, the report will be delivered via email unless there is some extenuating circumstance – of which you would be notified in advance.

Scope of Work

This assessment of the property is based upon the Small Business Administration’s Standard Published Operating Procedures as updated from time to time. The scope of these services will include the following tasks. All work will be performed by a qualified environmental professional, including:

● A review of government databases provided by others and searched according to various prescribed radii identified in 40 CFR § 312.265 .

● A review of one or more standard historical source(s) pertaining to the generalized historical uses of the property and adjoining properties.

● Additional documents as may be furnished by the client.

● Based on the foregoing, an assessment will be made by the environmental professional as to whether the property is either “low”, “elevated” or “high” risk for environmental soil or water contamination. This assessment is not definitive and should not be relied upon to determine whether or not the property is contaminated.

The scope of services performed in the execution of this evaluation may not be appropriate to satisfy the needs of other users, and reliance of this screen or its findings, conclusions, or recommendations are at the risk of said users.

Other Limitations

The environmental characteristics of the property and surrounding properties are subject to constant change. This assessment does not warrant against future operations or conditions, nor does it warrant operations or conditions present of a type or at a location not investigated. This study will be restricted to observations made during Sierra Consultants’ research into the property’s history. Environmental regulations and their enforcement are subject to constant change. There can be no warranty express or implied and we offer no warranty, express or implied, to investigate, detect or otherwise uncover pre-existing, existing or future liability outside the scope of this agreement. Database review may not reveal all threats, including but not limited to emerging threats such as PFAS compounds.

User (purchaser) of the RSRA EZ Screen, by purchasing, indicates that they are familiar with SBA rules and standard operating procedures for when this scope of work is or isn’t appropriate, and has reviewed those procedures, the appropriate NAICS codes, the dollar amount of the transaction, and other pertinent information. User has independently concluded that the RSRA EZ Screen is the appropriate scope of work for their particular needs, and that they (user) are solely responsible for these aspects. Purchaser/user is responsible for providing complete and accurate information when ordering. Sierra Consultants cannot be responsible for errors or omissions made by purchaser/user in the ordering process, or for any delays caused by same.

Sierra Consultants will analyze the information obtained in this limited investigation in keeping with existing standards and practices. Sierra Consultants may rely upon certain verbal information, representations and upon provided documents. We will not attempt to independently verify the accuracy of this information, unless we detect any inconsistency or omission of a nature that might call into question the validity of any of this information. To the extent that the conclusions in the report are based in whole or in part of such information, they will be contingent on its validity.

Sierra Consultants assumes that the information provided by the user, regulatory databases, and regulatory agencies, is accurate and that no pertinent information was withheld. Sierra Consultants cannot warrant the accuracy, completeness, currency, merchantability, or fitness of any information furnished by others for evaluation as part of this assessment. Such information is not the product of an independent review conducted by Sierra Consultants, but is only publicly available information maintained by government agencies. Neither can Sierra Consultants warrant against the consequences of any data gap resulting from a lack of, or an inability to obtain, information required by current standards and practices, despite good faith efforts by the environmental professional or the prospective landowner or grant recipient to gather such information.

Sierra Consultants represents that, within the limitations of the agreed upon scope of work, this work will be undertaken and performed in a professional manner, in accordance with generally accepted practices, using the degree of skill and care ordinarily exercised by reputable professionals under similar circumstances. Client understands that there are no other warranties, express or implied, and that Sierra Consultants’ liability for any negligence or errors shall be limited to consideration.

Groundwater flow direction may be estimated based on topography in the vicinity of the property, or on other reasonably available and readily ascertainable resources. The interpretation of groundwater flow direction as well as proximity and other knowledge of potential contaminant fate and transport can be the basis for determining if a site of known contamination may present a potential to impact the property. No site-specific field measurements of groundwater flow direction is performed for this assessment.

Sierra Consultants recommends that you consult with an attorney specializing in environmental or real estate issues for guidance on all legalities related to the project and interpretation of environmental law.

Updated 11-14-2018