JS_Worksheet2_InterviewQuestions.docx

All Appropriate Inquiry - Land Acquisition Screening

Worksheet 2: INTERVIEWS WITH PAST and PRESENT OWNERS, OPERATORS, and OCCUPANTS

This worksheet should help agencies complete of the “Interview” portion of the All Appropriate Inquiry land acquisition screening. While the worksheet should be a useful guide, it is not all inclusive and does not meet all the requirements for 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.

The AAI rule requires interviews with the current owner and occupant of the subject property. If the property has multiple occupants, the inquiry of the environmental professional should include interviewing major occupants, as well as those occupants likely to use, store, treat, handle or dispose of hazardous substances, pollutants, contaminants, petroleum and petroleum products, and controlled substances, or those who have likely done so in the past. Additionally, if the current owner is a third party holding company who obtained title to the property with the sole intent of selling it to the Federal government, it is suggested that the previous owner also be interviewed. In either case, at least one of the following individuals should also be interviewed.

· Representative of the local fire department that serves the property;

· Representative of the State and/or local health agency or local/regional office of state health agency serving the area in which the property is located;

· Representative of the State and/or local agency or local/regional office of state agency having jurisdiction over hazardous waste disposal or other environmental matters in the area in which the property is located; or

· Representatives of Local agencies responsible for the issuance of building permits or groundwater use permits that document the presence of AULs that may identify issues of concern in the area in which the property is located.

· Current and past facility managers with relevant knowledge of uses and physical characteristics of the property;

· Past owners, occupants, or operators of the property; or

· Employees of current and past occupants of the property.

In the case of inquiries done at “abandoned properties,” where there is evidence of potential unauthorized uses of the subject property or evidence of uncontrolled access to the subject property, the inquiry must include interviewing one or more (as necessary) owners or occupants of neighboring or nearby properties from which it appears possible to have observed uses of, or releases at, such abandoned properties.

(Separate questionnaires must be completed for each interview)

Name of person interviewed & Date:

Telephone number:

Affiliation with the Property:

(E.g., Owner, operator, caretaker, previous owner, or neighbor)

Time frame affiliated with Property:

“To the Best of Your Knowledge…”

A. Property Use(s)

___Environmental Permits Related to Current or Previous Site Activities

___Hazardous Materials Management Plans (Emergency Planning and Community

___Hydrogeologic and geotechnical reports on the property or surrounding area. |_|Copy/s Attached |_|No copy avail.

___Notices or other correspondence from any government agency relating to past or current violations of environmental laws with respect to the property. |_|Copy/s Attached |_|No copy avail.

___Notices or other correspondence from any government agency relating to

2. Has the property ever been used for an industrial or commercial use (e.g., official and unofficial shooting ranges; processing, handling, management, disposal, storage, manufacture, or transportation of hazardous substances or petroleum products, such as a gasoline station, motor repair facility, commercial printing facility, dry cleaners, photographic developing laboratory, methamphetamine laboratory, junkyard, bone yard, or landfill, or as a waste treatment, storage, disposal, processing, or recycling facility). If yes, describe the activities and provide the time frame, types, location(s) and quantities of hazardous substance use and storage. |_|Yes |_|No |_|Unknown

3. Has there ever been permitted or planned mining activity or oil and gas exploration or development on the property? If yes, describe the activities and provide the time frame, location(s), and scope of operations. |_|Yes |_|No |_|Unknown

4. Has the property ever been used for agricultural purposes, such as livestock or crops? If yes, describe the operations and indicate the location(s) and time frames involved. |_|Yes |_|No |_|Unknown

If yes, did the operation involve the use or storage of chemicals such as pesticides, fertilizers, and or solvents? If yes, describe and provide location(s) and the type, quantity, duration of use, and management practices. |_|Yes |_|No |_|Unknown

5. Are there, or has there been, any improvements, such as buildings, water towers, smokestacks, smelters, and old building foundations on the property? If yes, describe each improvement, including construction date for each improvement; location on the property; square footage; past and current uses; dates of major renovations, additions, modifications; number of stories; type of construction; heating and cooling sources; water sources; sewage, solid and hazardous waste disposal; and removal date (if applicable).

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

6. Other Questions as necessary based on the records review:

B. Hazardous Materials and Substances

1. Do the current operations on the property involve the use and storage of chemicals? If yes, please describe the operations and indicate the location(s), type, and quantities of materials used. Describe locations of chemical storage, mixing, and loading. Discuss any use, storage, mixing, or disposal of automotive or other batteries, pesticides (e.g., insecticides, herbicides, and fungicides), paints, solvents, or other chemicals on fence lines, rights-of-way, or other structures such as airstrips, heliports, or crop duster operations.

If yes, has there been a spill or release of hazardous substances, petroleum products, or other potential environmental problems on the property associated with current operations? If yes, describe the nature and location(s) of the release and the quantities and types of hazardous substances. This includes staining or soils and floors in areas utilized for the use and storage of hazardous materials.

If there had been a spill or release of hazardous substances or petroleum products, did someone report the incident to the National Response Center or a local or State emergency response authority? If yes, identify the agency.

|_|Yes |_|No |_|N/A |_|Unknown

If a spill or release of hazardous substances or petroleum products has occurred, has the release been mitigated? If yes, describe the mitigation, identify the lead regulatory agency that oversaw the mitigation and indicate if the lead regulatory agency issued a no-further action (NFA) determination.

If remediation is completed, does the property have contamination or residual contamination? If yes, are there any institutional controls/land use restrictions in place or long term monitoring and maintenance requirements?

2. Are there any past operations at the property that involved the use or storage of hazardous materials and substances? If yes, describe the operations and the location(s), types, and quantities of materials. |_|Yes |_|No |_| Unknown

If yes, has there been a spill or release of hazardous substances, petroleum products, or other potential environmental problems on the property associated with past operations or tenants? If yes, describe the nature and location(s) of the release and the quantities and types of hazardous substances. |_|Yes |_|No |_|N/A |_|Unknown

If a spill or release of hazardous substances or petroleum products had occurred, was it reported to the National Response Center or a local or State emergency response authority? If yes, identify the agency. |_|Yes |_|No |_|N/A |_|Unknown

If a release of hazardous substances or petroleum products had occurred, was the release been mitigated? If yes, describe the mitigation, identify the regulatory agency that oversaw the mitigation and indicate if the lead regulatory agency issued a no-further action (NFA) determination. |_|Yes |_|No |_|N/A |_|Unknown

If remediation is completed, does the property now have contamination or residual contamination present? If yes, are there any institutional controls or land use restrictions in place or long-term monitoring and maintenance requirements?

3. Have there ever been any easements, rights-of-way, pipelines, utility lines, railways, entry or exit ports and associated structures, either buried or overhead, crossing the property? If yes, please describe and indicate the location(s), approximate construction date, and the owner’s identity. |_|Yes |_|No |_|Unknown

If yes, are you aware of any spills or releases associated with these features? If yes, please describe the spills and releases and indicate the date, type and quantities of materials involved. |_|Yes |_|No |_|Unknown

If a spill or release has occurred, are you aware if the release has been mitigated? If yes, who did the mitigation and what regulatory agency oversaw the mitigation? If known, indicate whether the lead regulatory agency issued a no-further action (NFA) determination.

If remediation is completed, are you aware if there the property still has contamination or residual contamination? If yes, are there any institutional controls or land use restrictions in place or long-term monitoring and maintenance requirements?

4. Are you aware if the property’s topography has been altered or if the property has any unnatural topographic features present? If yes, please describe the topographic alterations or unnatural features. Indicate their location(s) on the property and, if known, when the alterations occurred and by whom. |_|Yes |_|No |_|Unknown

5. Has fill material ever been brought onto the property that originated from a contaminated site or that was of an unknown origin? If yes, describe the date and quantity of material brought to the property, indicate the location where the material was placed.

If fill material came from a contaminated site, identify the fill’s origin and describe the contamination.

6. Is there any evidence that waste materials were dumped above grade, buried, or burned, either currently or previously, on the property? Examples include hazardous materials, petroleum products, labeled or unlabeled drums or containers, pesticide containers, household and farm debris, automotive or industrial batteries, building demolition debris, or other waste materials.

7. Are there any floor drains in the on-site structures or areas where chemicals (e.g., waste oil, antifreeze, solvents, and pesticides) were used or stored? If yes, indicate the location(s) of the structures and the types, quantities, and time frames related to the associated chemical use or storage. For each area or structure, also indicate the discharge location for the floor drains.

8. Do the walls, floors, or ceilings of the structures used to store hazardous materials have any chemical stains? If yes, indicate the areas in each structure that has chemical staining. |_|Yes |_|No |_|Unknown

9. Are there or have there been any floors, drains, walls, or ceilings stained by substances other than water or that are emitting foul or unnatural odors (e.g., mold, mildew, algae)? If yes, describe the location(s) and the nature of the past and current site operations.

10. Are there electrical transmission lines, transformers, capacitors, lighting ballast, or hydraulic equipment (e.g., elevators, presses, lifts, or doors) on the property? If yes, identify the location(s) and approximate age of the equipment.

If the site has electrical transmission lines, transformers, capacitors, lighting ballast, or hydraulic equipment, has testing been done to determine the presence of polychlorinated biphenyls (PCBs) or has any on-site equipment contained PCBs? If yes, indicate the location(s), type of equipment, and dates. |_|Yes |_|No |_|Unknown

If the site has or had PCBs, are you aware of any release of PCBs that have occurred? If yes, describe the release and indicate the date, location(s) and whether the release was mitigated. |_|Yes |_|No |_|N/A |_|Unknown

11. Has there ever been any mercury-containing equipment (e.g., switches, thermostats, thermometers, manometers, or sink traps) on the property? If yes, indicate the location(s) and type of equipment and dates. |_|Yes |_|No |_|Unknown

12. Are you aware of any radon, asbestos-containing materials, or lead-based paint on the property? If yes, indicate the type, locations and dates. |_|Yes |_|No |_|Unknown

If yes, has anyone done any radon, asbestos-containing materials, or lead-based paint surveys on the property? If yes, indicate whether radon, asbestos-containing materials, or lead-based paint has been identified in any on-site buildings. Identify the dates of the surveys, the structures, the results, and condition of the materials. |_|Yes |_|No |_|Unknown

13. Is there current or past use of above-ground or underground storage tanks, including drums or other fuel containers, on the property? If yes, identify the tanks locations, installation dates, and the types and quantities of materials stored. If the tanks were removed, indicate the removal date and whether the lead regulatory agency issued a closure certification notice.

If above-ground or underground storage tanks are or were used on the property, was there ever a spill or release of hazardous substances associated with the tank system? If yes, indicate the date and nature of the spill or release.

If a spill or release has occurred related to an on-site tank system, was it mitigated to the satisfaction of the lead regulatory agency? If no, describe further actions that must be undertaken to address the spill or release.

14. Are you aware of any hazardous substance or pollutant or contaminant spill or release, or other potential environmental problems on any adjacent or nearby properties? If yes, please describe (if known) the location(s) of the release, the type and quantities of materials involved, and the approximate dates. If known, also indicate the owner of the property where the release occurred.

If there was a release of hazardous substances, petroleum products on any adjacent or nearby properties are you aware if the release was mitigated? |_|Yes |_|No |_|Not Applicable |_|Unknown

15. Are you aware of contamination or residual contamination on adjacent or nearby properties that poses a threat or may pose a future threat to the property? If yes, describe the threat or potential threat.

16. Are you aware of any institutional controls, land use restrictions, long-term monitoring, or maintenance requirements in place on adjacent or nearby properties that affect the property? If yes, please describe and identify the adjacent or nearby property and the property owner. |_|Yes |_|No |_|N/A |_|Unknown

17. Other Questions as necessary based on the records review:

C. Water and Wastewater

1. Does the property currently or has it ever been supplied by an on-site drinking water supply well? If yes, provide the well location(s) and construction dates. |_|Yes |_|No |_|Unknown

Have contaminants ever been identified in the on-site drinking water well or the water system that exceeded acceptable levels? If yes, describe the contamination and indicate the dates, contaminant levels and the source of the contamination, if known. |_|Yes |_|No |_|N/A |_|Unknown

If an on-site drinking water well is no longer used, has it been properly abandoned according to applicable regulatory requirements? If yes, indicate the date the well was abandoned. |_|Yes |_|No |_|N/A |_|Unknown

2. Has the property ever had an on-site wastewater treatment and disposal systems (e.g., septic systems or sewage lagoons). If yes, please describe of the system, including the location(s), size, date constructed, and which buildings discharge to the system.

If the on-site wastewater treatment and disposal system is no longer used, has it been closed? If yes, describe method of closure and date closed. |_|Yes |_|No |_|N/A |_|Unknown

3. Does the property have any monitoring wells? If yes, explain the purpose of the wells and provide the location(s), dates of construction, and any analytical results. |_|Yes |_|No |_|Unknown

If the monitoring wells are no longer used, were they properly abandoned according to applicable regulatory requirements? If yes, indicate the date the well was abandoned. |_|Yes |_|No |_|N/A |_|Unknown

4. Does the property have surface water (e.g., pits, ponds, lagoons, rivers, creeks, or oceans)? If yes, describe the location(s) and type of surface water. |_|Yes |_|No |_|Unknown

If the property has surface water, are you aware of any unnatural characteristics such as color, sheens, odors, or sterility? If yes, please describe and indicate whether the situation is new or pre-existing.

5. Has the property ever discharged industrial or other wastewater (excluding storm water runoff or sanitary wastewater discharges from restrooms, kitchens, or other household-type uses) onto or adjacent to the property? If yes, describe the discharge and indicate the location(s) and dates. |_|Yes |_|No |_|Unknown

6. Other Questions as necessary based on the records review:

D. Compliance/Permits

1. Have there been any environmental permits or licenses issued for current or past operations associated with the property (e.g., air quality, water discharge, or landfills)? If yes, describe the permitted operations, indicate the permitting agency, date the permit was issued, and whether the permit is still effective. |_|Yes |_|No |_|Unknown

2. Are you aware of any environmental liens against the property that were filed or recorded under Federal, Tribal, State or local law? If yes, describe the lien and indicate the date and effect on the current and future use of the property.

3. Are you aware of any activity and land use limitations that are in place on the property or that were filed or recorded under Federal, Tribal, State or local environmental laws? If yes, describe the land use restrictions, identify the party that issued the restrictions and the date.

4. Are you aware of any compliance/enforcement notices relating to past or current violations of environmental laws with respect to the property or any facility on the property? If yes, describe the violations and the dates involved.

5. Are you aware if any environmental site assessment, or other environmental investigations, of the property, or any other property or site records ever indicated the presence of hazardous substances, petroleum products, or other potential environmental problems on the property? If yes, describe the report and findings. |_|Yes |_|No |_|Unknown

6. Are you aware of any environmental site assessment, or other environmental investigations, of the property, or any other property or site records that recommended further assessment of the property? If yes, identify the report and indicate if the further assessment was done. |_|Yes |_|No |_|Unknown

7. Are you aware of any past, threatened, or pending lawsuits or administrative proceedings concerning a release or threatened release of any hazardous substances or petroleum products on the real property? If yes, describe the action and identify the party that is initiating the action. |_|Yes |_|No |_|Unknown

8. Other Questions as necessary based on the records review:

E. Other

1. Are you aware any past or current occurrences of anomalous vegetation (e.g., stressed or dead) on the property? If yes, indicate the location(s) and approximate dates. |_|Yes |_|No |_|Unknown

2. Are you aware of the presence of invasive or non-native plants on the property? If yes, please indicate the location/s and name (e.g., kudzu, Phragmites, cheatgrass), if known, and approximate area covered by the plants. |_|Yes |_|No |_|Unknown

If yes, has there been any attempt to remove or eradicate the invasive species? If yes, explain what was attempted and if it was successful? |_|Yes |_|No |_|Unknown

Have any vegetative control programs (e.g., along transmission lines, fence lines, rights-of-ways, or pipelines) been done on the property? If yes, describe the program and types of activities. |_|Yes |_|No |_|Unknown

3. If not mentioned above, is there anything else that could indicate the presence of hazardous substances, petroleum products or other environmental conditions that may affect the property? |_|Yes |_|No |_|Unknown

Name, Title, and signature of person conducting interview:

Date of interview: