JS_Worksheet1_RecordsSearch_AAI_Blank.docx

All Appropriate Inquiry - Land Acquisition Screening Worksheet 1: RECORDS SEARCH[footnoteRef:1] [1: “Historical documents and records reviewed must cover a period of time as far back in the history of the subject property as it can be shown that the property contained structures or from the time the property was first used for residential, agricultural, commercial, industrial, or governmental purposes.” (40 CFR 312.24(b)) “Historical documents and records reviewed must cover a period of time as far back in the history of the real property to when the first structure was built or when it was first used for residential, agricultural, commercial, industrial, or governmental purposes.” (33 CFR 137.50 (b))]

This worksheet should help agencies complete the “Records Search” portion of the All Appropriate Inquiry land acquisition screening. While this worksheet should be a useful guide, by itself a completed worksheet does not meet all the requirements for the CERCLA defenses. For example, the worksheets do not include the four documentation requirements that must be included in the report. Additionally, in order to meet the statutory requirements for any of the defenses to liability following acquisition, a landowner must meet certain threshold requirements and satisfy continuing obligations not addressed in this guidance. The worksheets are not exhaustive and should be tailored based on professional judgment and site conditions.

I. Gathering Existent Records.

1. The AAI rule requires a review of historical sources to determine previous uses and occupancies of the real property since the property was first developed using sources such as those listed below. If “not available” explain in Question #3.

a. Site Description (address, site map, property boundaries, contact information) |_| Not Available |_|Attached

b. Chain of Title Documents (i.e., deeds, deed restrictions, liens, institutional and/or

2. The AAI rule requires a review of Federal, State, Tribal and local government records. Is the property listed under any of the categories below? If yes, attach documentation. If no, explain in Question #3. Many of these databases may be queried through EPA’s Environfacts website at http://www.epa.gov/enviro/

q. EPA or State Resource Conservation and Recovery Act (RCRA), treatment, storage, or

3. What information sources were used in attempts to find records that could not be found? List information sources, locations where they are found and date the source was used.

4. Any other relevant records provided by owner(s) or others?

II. Records Review (Subject Property). The purpose of the records review is to obtain and review records and to help agencies identify conditions indicative of releases and threatened releases of hazardous substances on, at, or in the subject property. This section will help agencies develop a chronology of the site use(s).

A. Property Use(s)

1. Is there any information in the chain of title that indicates commercial or industrial use of the property? If yes, describe current and previous property use(s) and provide information sources such as Title insurance company, abstract company, and County deed records.

|_| Yes |X| No

2. Are there other records indicating commercial or industrial activities on the property? (i.e. warehouses, vehicle maintenance, mixing, handling, or disposal of chemicals, paints, pesticides (e.g., insecticides, herbicides, and fungicides), petroleum products or wastes) If yes, describe site activities and document and provide information sources such as records, aerial photographs, and maps. Identify the location(s) on the property where the activities occurred and the timeframe when they occurred.

3. Are there records indicating current or previous agricultural use? (i.e. pesticide use, drainage history, surface or subsurface drains, livestock, nurseries, crops, and livestock dip tanks) If yes, describe the agricultural use and identify when the use occurred and where on the property. Provide information sources such as records, aerial photographs, and maps).

4. Have there been any special use permits, leases, Plans of Operation, or concessionaire contracts associated with the property. Examples of such activities and uses include rights-of-way, easements, mining, landfills, solid waste transfer facilities, log transfer facilities, small arms ranges, silviculture, lodges, resorts, and campgrounds. If yes, describe the permitted activities and provide information sources such as permits, records, aerial photographs, and maps). |_| Yes |X| No

B. Hazardous Substances

1. Are there records, such as State and EPA hazardous site lists, of the storage, release, or disposal of hazardous substances or petroleum products on the property? If yes, attach a list describing the type(s), quantities involved, approximate locations and dates.

2. Has an environmental investigation of the property been done before?

|_| Yes |X| No |_| Unknown

If yes, had it Indicated the release of hazardous substances, petroleum products, or other potential environmental problems on the property? If yes, describe the nature and location(s) of the release and the quantities and types of hazardous substances.

|_| Yes |_| No

Recommended further assessment of the property? If yes, explain and provide the information sources such as State hazardous site lists or acquisition files). |_| Yes |_| No

If an environmental investigation identified contamination of the property, is there information indicating that response actions have remained uninitiated or been ineffective in reducing or eliminating the contamination? Explain and provide information sources such as State hazardous site data). |_| Yes |_| No

If yes, has any response action been taken? Describe the response actions taken, who did them, and what lead regulatory agency oversaw the response action.

If no, is there a cost estimate for the response actions? If a cost estimate has been provided, indicate the source of the estimate.

Has remediation been completed? If yes, indicate if a no-further action (NFA) determination has been issued by the lead regulatory agency. Also indicate if contamination still remains. Provide supporting documentation.

If remediation is completed, are there any institutional controls/land use restrictions in place or long term monitoring and maintenance requirements? If yes, describe and provide supporting documentation, including costs and durations for monitoring and operations and maintenance.

3. If acquiring land from another Federal agency, has the disposing agency notified the acquiring agency of the past or current presence of any hazardous substance, used and stored, at the property? If yes, describe the location(s), types, and quantities of the hazardous substances and the timeframes for use and storage. Provide supporting documentation. |_| Yes |_| No

N/A

4. If acquiring land from another Federal agency, has the disposing agency notified the acquiring agency of the past or current presence of any hazardous substance release or disposal at the property? If yes, describe the date, location(s), types, and qualities of the hazardous substances release and/or disposal. Provide supporting documentation. |_| Yes |_| No

N/A

5. Are there any records that indicate the past or present existence of transformers, capacitors, or hydraulic equipment containing Polychlorinated Biphenyls (PCBs); use, storage or disposal of PCB-containing equipment; or contaminated soils? If yes, indicate date of manufacture, size, location(s), and owner and provide information sources (e.g., EPA PCB Activity Database, local electric utility). |_| Yes |X| No

C. Water and Wastewater

1. Are there any records indicating operating or abandoned water wells on the property? (including drinking water systems) If yes, indicate locations, constructed dates, well construction details, and capacities. If any well was abandoned, indicate if it was abandoned according to applicable regulatory standards? Provide abandonment date and information sources such as State water well registry. |_| Yes |X| No

If the property is served by an on-site water supply well, are there any records indicating whether anyone has ever identified contamination in the well?

If yes, identify the contaminants, timeframe when contamination was detected, and contaminant levels. Also, indicate the source of the contamination and any mitigation measure implemented. Provide information sources such as State water well registry and water quality data). |_| Yes |_| No

2. Are there any records indicating the presence of an on-site waste water disposal system, including septic systems? If yes, describe the system and provide age and location. Provide information sources |_| Yes |X| No

D. Compliance and Permits Attach documentation if information is found. If information is not found, list information sources that were checked, include the location, contact name and telephone number.

1. Are there any permits or plans related to activities such air or water discharges; mining; oil or gas exploration or development; hazardous substance use or storage; or solid or hazardous waste treatment, storage, or disposal? If yes, describe the location(s), types of discharges and materials, and timeframe of activities. Identify information sources. |_| Yes |X| No

2. Have there been any compliance or environmental notices issued? If yes, explain and provide information sources such as State hazardous substances office or EPA Region). |_| Yes |X| No

3. Is there any information indicating recurrent violations of environmental laws with respect to the property and current and past on-site operations and activities? If yes, describe the violations and when they occurred and provide sources. |_| Yes |X| No

4. Is there any information indicating an environmental lien against the property? If yes, describe the lien and its effect on property use and provide information sources (e.g., County deed records and court judgments). |_| Yes |X| No

5. Is there evidence of any past, threatened, or pending lawsuits, administrative or judicial proceedings, consent agreements or related actions concerning a release or threatened release of any hazardous substance or petroleum product involving the property by any current or previous owner or occupant of the property? If yes, explain and provide sources. |_| Yes |X| No

6. Have there ever been any registered or unregistered storage tanks (above or underground) on the property, particularly for storage of hazardous substances or petroleum products? If yes, describe and list location(s), material stored, installation date, removal date, and Federal and State identification numbers and provide information sources (e.g., State UST and LUST records, aerial photographs, and maps). |_| Yes |X| No

7. Have there ever been any registered or unregistered non-water supply wells (e.g., underground injection, monitoring, oil and gas)?

E. Other

1. Have there been any public complaints about the property regarding dumping, burning, or odors? If yes, explain and provide information sources (e.g., State hazardous substance sites list.) If no, list resources that were checked, including the location, contact name, and telephone number. |_| Yes |X| No

2. Are there any other records or historical uses that might indicate existing or potential environmental problems on the property? If yes, explain and identify information sources. If no, list resources that were checked, including the location, contact name, and telephone number. |_| Yes |X| No

III. Site Chronology. Develop site chronology of site uses and activities, including construction date and upgrades. Attach additional sheets, as needed. 40 CFR 312.24 requires review of historical records as far back in time as the property was first used for residential, agricultural, commercial, industrial, or governmental purposes.

Name, title and signature of person conducting records review:

Date(s) of Searches

IV.

Records Review (Adjacent and Surrounding Properties)

1. The AAI rule requires a review of Federal, State, and local government records. Is the adjacent property listed under any of the categories below? If yes, attach documentation.

q. EPA or State Resource Conservation and Recovery Act (RCRA), treatment, storage, or

z. State Local, Tribal Hazardous Materials Management Records (e.g., Business Plan, Contingency Plan.) |X| No |_| Attached

2.

The AAI rule requires a review of Federal, State, and local government records of the surrounding properties and specifies a minimum search distance on some records. Are the surrounding properties listed under any of the categories below within the specified search radius? If yes, attach documentation. If no, explain in Question #3.

g. Federal, State, Tribal Permitted and Closed Solid Waste Landfill or Management Facilities 0.5 (0.8) |X| No |_| Attached

h. Federally or State-Registered, or State-Permitted, Hazardous Waste

3. What information sources were used in attempts to find records that could not be found? List information sources, locations where they are found and date the source was used.

An EDR database Search was conducted and is attached.

4. Any other relevant records provided by owner(s) or others?

5. On the basis of a review of available records, is there any indication of the release or threatened release of hazardous substances at/on adjacent and nearby properties? Properties considered to be “nearby” may vary depending on the area’s geology and topography and the nature of the threat. If yes, describe the release or threatened release and provide the location(s) and relative distance to the property, indicate whether it is up stream or up gradient of the property, identify the types and quantities of hazardous substances, and dates. Provide information sources (e.g., local fire department and environmental data base search services). |_| Yes |X| No

If yes, has the release or threatened release been mitigated? If yes, describe the mitigation and identify the regulatory agency that oversaw the mitigation measures and provide the sources of the information. |_| Yes |_| No

If yes, do adjacent or nearby properties have contamination residual contamination that poses a threat or may pose a future threat to the property? If yes, describe the threat or potential threat and provide the sources of the information. |_| Yes |_| No

6. Are there other nearby land uses or activities, especially upstream or up-gradient that might have had a legal or illegal waste or dump site? For example, are there upstream or up-gradient active or abandoned mine sites that may adversely affect the property? Properties considered to be “nearby” may vary depending on the area’s geology and topography and the nature of the threat. If yes, describe the land use or activity, distance to the property, and potential threat. Provide the information sources. |_| Yes |X| No

Name, title, and signature of person conducting records review: /s/ Date(s) of Searches