HomeMy WebLinkAboutREVISED Lou Griffin 825 Pacific Street, Mattituck, NY - Phase I ESAPHASE I
ENVIRONMENTAL SITE ASSESSMENT
825 PACIFIC STREET
MATTITUCK, NEW YORK 11952
LIAL Project No. 2018030
Prepared For:
Lou Griff LLC
825 Pacific Street
Mattituck, New York 11952
Inspection Date: April 9, 2018
Report Date: April 18, 2018
Prepared by:
Long Island Analytical Laboratories Inc.
110 Colin Drive
Holbrook, New York 11741
EXECUTIVE SUMMARY
825 Pacific Street, Mattituck, New York 11952
Property Type:
Size of Property:
Size of Building(s):
Construction Date(s):
Inspection Accessibility:
Two (2) - one (1) story automobile repair shop buildings, with no basements.
1.17 acres.
East Building - 3,000 square feet. West Building - 2,800 square feet.
1959 and 1964.
The roof was inaccessible at the time of the site inspection. e were no keys available.
Environmental Issue Acceptable
(Y / N)
Routine
Resolution
(Y / N)
Additional Action *Page No.
Site History / Prior Use No Yes Phase II Subsurface Investigation:
Dye Testing, Drywell System Sampling
and Sanitary System Sampling.
Phase II Subsurface Investigation:
Historical Use of the Site.
Phase II Subsurface Investigation:
Repair Pit.
Phase II Subsurface Investigation:
Underground Hydraulic Lifts.
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Adjacent Properties Yes 14
Federal & State Database Review Yes 25
Local Records Review Yes 29 / 30
Hazardous Materials & Waste Yes 15
Storage Tanks No Yes Geophysical Investigation.
Phase II Subsurface Investigation.
16
Vapor Intrusion Yes 19
PCBs Yes 18
Asbestos No Yes Opt. I - Asbestos Inspection.
Opt. II - Asbestos O & M Program.
20
Radon Yes 22
Lead-Based Paint (LBP)Yes 23
Wetlands Yes 23
TABLE OF CONTENTS
EXECUTIVE SUMMARY
1.0 INTRODUCTION.......................................................1
1.1 Objectives / Scope of Work ..........................................2
1.2 Methodology ......................................................3
1.3 Significant Assumptions .............................................4
1.4 Limitations .......................................................4
1.5 Special Terms and Conditions ........................................5
1.6 Previous Environmental Assessments ..................................5
1.7 Personnel.........................................................5
2.0 SITE CHARACTERISTICS ..............................................6
2.1 Site Location and Legal Description....................................6
2.2 Site Description....................................................7
2.3 Site History and Operations ..........................................9
2.4 User Provided Information ..........................................11
2.4.1 Title Records ..............................................11
2.4.2 Environmental Liens or Activity or Land Use Restrictions ...........11
2.4.3 Specialized Knowledge.......................................11
2.4.4 Commonly Known or Reasonably Ascertainable Information .........11
2.4.5 Valuation Reduction for Environmental Issues ....................11
2.4.6 Reason for Performing Phase I ESA.............................11
2.5 Interviews .......................................................12
2.6 Site Hydrology and Geology.........................................13
2.6.1 Surface Water Characteristics .................................13
2.6.2 Groundwater Characteristics ..................................13
2.6.3 Geological Characteristics ....................................14
2.7 Groundwater Use .................................................14
2.8 Adjacent Properties ................................................14
3.0 SITE INSPECTION / RECONNAISSANCE ...............................15
3.1 Solid / Hazardous Materials and Waste ................................15
3.2 Underground and Aboveground Storage Tanks (USTs and ASTs)...........16
3.3 Poly-Chlorinated Biphenyls (PCBs)...................................18
3.4 Vapor Intrusion ...................................................19
3.5 Asbestos ........................................................20
3.6 Radon ..........................................................22
3.7 Lead-Based Paint (LBP) ...........................................23
3.8 Wetlands ........................................................23
3.9 Other Potential Environmental Concerns ...............................23
4.0 FEDERAL, STATE AND LOCAL REGULATORY AGENCY RECORDS .....25
4.1 US EPA, NYS DEC and Tribal Listed Sites ............................26
4.2 Suffolk County Department of Health Services ..........................29
4.3 Town of Southold .................................................30
5.0 OPINION OF THE ENVIRONMENTAL PROFESSIONAL ..................31
5.1 Data Gap ........................................................31
6.0 EVALUATION, CONCLUSIONS AND RECOMMENDATIONS..............32
6.1 Recognized Environmental Condition (RECs)...........................32
6.2 Historical Recognized Environmental Condition (HRECs).................34
6.3 Controlled Recognized Environmental Condition (CRECs)................34
6.4 Non-Scope Considerations ..........................................35
6.5 De Minimus Conditions ............................................36
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LIST OF APPENDICES
APPENDIX A: REFERENCES
APPENDIX B: SIGNATURE OF ENVIRONMENTAL PROFESSIONAL
APPENDIX C: ENVIRONMENTAL PROFESSIONAL’S QUALIFICATIONS
APPENDIX D: USER QUESTIONNAIRE AND ENVIRONMENTAL
QUESTION AND DISCLOSURE STATEMENT
APPENDIX E: SITE MAPS
Site Area Location Map ....................................Figure 1.0
Tax Map and Aerial Overview ..............................Figure 2.0
One (1.0) Mile Database Search Overview Map ................Figure 3.0
One-Half (0.5) Mile Database Search Overview Map ............Figure 4.0
One-Quarter (0.25) Mile Database Search Detail Map ...........Figure 5.0
Sanborn Fire Insurance Map Search .........................Figure 6.0
APPENDIX F:HISTORICAL AGENCY RECORDS
APPENDIX G: US EPA, NYS DEC & TRIBAL / ASTM DATABASE
SEARCHES
APPENDIX H: SITE PHOTOGRAPHS
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REPORT SPECIFICATIONS
Copies and circulation of this report are as follows:
One (1)Original bound report to Mr. Ted Griffin.
One (1)Electronic report on computer disc (CD) to Mr. Ted Griffin.
One (1)Original report in the confidential client file at Long Island Analytical
Laboratories Inc.
One (1)Original report on security protected computer disk at Long Island Analytical
Laboratories Inc.
This report is prepared for the exclusive use of parties noted above and is considered private
and strictly confidential. Long Island Analytical Laboratories Inc. shall not release this report
or any of the findings of this report to any person or agency except with the authorization of
the principal parties noted above.
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1.0 INTRODUCTION
Long Island Analytical Laboratories Inc. (LIAL) has been retained to prepare a Phase I
Environmental Site Assessment for the property located at 825 Pacific Street, Mattituck, Town of
Southold, Suffolk County, Long Island, New York, identified on the tax map as Section 141, Block
4, Lot 11.
LIAL has prepared this assessment in accordance with good commercial and customary practices for
conducting an environmental site assessment with respect to the range of contaminants within the
scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
and petroleum products. The assessment is intended to satisfy one of the requirements to qualify for
the “innocent landowner defense” to CERCLA liability.
The assessment has been completed by a qualified professional in accordance with the specific
requirements established by the American Society for Testing and Materials (ASTM) E 1527-13,
Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment
Process and the standards for conducting “All Appropriate Inquiry” (AAI), as set forth by the United
States Environmental Protection Agency (US EPA) at 40 Code of Federal Regulations (CFR) Part
312. In addition, several non-scope considerations have been assessed, including asbestos containing
materials (ACM), radon, lead-based paint (LBP), lead-in drinking (potable) water and wetlands.
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1.1 Objectives / Scope of Work
The objective of this Phase I Environmental Site Assessment is to identify any existing or potential
“recognized environmental conditions”. The term “recognized environmental conditions” is defined
by the ASTM as “the presence or likely presence of any hazardous substances or petroleum products
in, on or at a property: (1) due to release to the environment; (2) under conditions indicative of a
release to the environment; or (3) under conditions that pose a material threat of a future release to
the environment.”
The objective of the Phase I Environmental Site Assessment (ESA) is as follows:
C To identify the presence, release, or threat of release, of any hazardous substance or
petroleum products affecting the subject property.
C To gather preliminary information regarding the level of compliance with current
environmental standards, laws, regulations, and permits with respect to the subject property.
C To establish a baseline of environmental conditions for historic and comparative purposes.
C To identify whether any hazardous substances have been stored, released or disposed of on
the subject property.
C To reduce uncertainty regarding Recognized Environmental Conditions (RECs).
C To identify the need for additional testing to evaluate the scope, location, source, and nature
of any releases or threat of releases of hazardous substances affecting the subject property.
C Constitute an all appropriate inquiry suitable for establishing innocent landowner status,
pursuant to 42 U.S.C. 9601 (35) (B) and the Brownfields Revitalization and Environmental
Restoration Act of 2001 (Brownfields Act).
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1.2 Methodology
To complete the Phase I Environmental Site Assessment, the following tasks were conducted:
1)A detailed field inspection of the subject site was performed, including all accessible
areas of the building(s) interior, exterior, property grounds and site perimeter.
2)Property owner(s), property manager(s), maintenance personnel, tenant(s), and other
individuals deemed knowledgeable of the subject site were interviewed concerning
activities conducted at the subject site, past and present.
3)Neighboring property utilization was evaluated to determine potential impact on the
subject site.
4)The United States Environmental Protection Agency (US EPA), the New York
Department of Environmental Conservation (NYS DEC) and the tribal regulatory
databases were reviewed concerning the location of sites documented as having
specific environmental concerns and/or threats proximal to the subject site.
5)Research was conducted through the Suffolk County Department of Health Services
(SCDHS) and the Town of Southold (TOS) for the following:
C Records of all underground and/or aboveground storage tanks (USTs and
ASTs) existing or previously existing at the subject site.
C Records of all past or existing violations for the subject site, including "open"
(non-cured) and "closed" (cured) violations.
C To compile a chain-of-ownership of the subject site to identify past owners
and past uses of the subject site.
6)A search was made for sensitive ecological areas and regulated wetlands in the
vicinity of the subject site.
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1.3 Significant Assumptions
LIAL utilized several research tools, including local Village / Town / City records and database
search to obtain records on file for the subject site. Although LIAL researched these documents to
the extent available, additional documents may exist. Results of this Phase I ESA are based upon
information obtained by LIAL during the field reconnaissance, interviews, historical research, and
database search results. The information obtained is assumed to be from reliable sources; however,
LIAL was not retained to verify publicly-available information. Therefore, LIAL assumes no
responsibility or liability for errors in the public data utilized, statements from sources outside LIAL,
or developments resulting from situations outside the scope of this project. In addition, LIAL
assumes no responsibility for conditions not readily apparent or identifiable at the site during the
field reconnaissance.
1.4 Limitations
The Phase I Environmental Site Assessment was completed with generally accepted protocols as
established by the ASTM E 1527-13 Standard. The Phase I Environmental Site Assessment is a
useful initial tool in determining the possibility of contamination to be present on-site or in the
surrounding area of the subject site which may pose a threat to the subject site.
The accuracy of presenting the findings of this Phase I Environmental Site Assessment was
considered of paramount importance during the formulation of this report. However, the report's
accuracy is limited to the information available from interviews, records, files and plans released by
the property owner and/or his representatives, and/or the respective regulatory agencies and/or
information officers.
The Phase I Environmental Site Assessment relies principally on visual observations, a walk-through
inspection of the subject site, and review of available records relating to current and former uses of
the subject site. The Phase I Environmental Site Assessment does not typically include physical
sampling, testing or laboratory analysis of suspect materials. A representative sampling procedure
is required to fully assess the occurrence of environmental contaminants. The report is meant to
provide the opinion of the environmental professional performing the assessment based on
established procedures and protocols. The Phase I Environmental Site Assessment is not, and should
not, be construed as a guarantee or warranty with regard to the absence, presence, or potential of
environmental contaminants which may impact the subject site.
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1.5 Special Terms and Conditions
The Scope of Services performed is in accordance with the contract between the client and LIAL.
The format and content of the Phase I ESA Report are in general accordance with the ASTM
Standard Practice for Environmental Site Assessments: Phase I Site Assessment Process E-1527-13.
It is the responsibility of the User of this report to provide certain information to the Environmental
Professional, including reporting any environmental liens or activity and use limitations which are
recorded against the subject site. The User is also required to provide the Environmental
Professional with any specialized knowledge or experience that is material to recognized
environmental conditions at the site, the relationship of the purchase price of the property to the fair
market value of the site, and any commonly known or reasonably ascertainable information within
the local community about the site that is material to recognized environmental conditions at the site.
1.6 Previous Environmental Assessments
A review was conducted in order to determine the existence of any and all previous reports
pertaining to the subject property, including, but not limited to, Phase I Environmental Site
Assessments, Phase II Subsurface Investigations, Asbestos Inspections, Lead-Based Paint (LBP)
Screenings, etc.
The client did not have any previous environmental reports pertaining to the subject site. There were
no environmental reports for the subject site made available at the time of this assessment.
1.7 Personnel
Inspection and Interviews
The inspection of the subject site and the primary interviews were conducted with the assistance of
Mr. Lou Griffin and Mr. Marty Griffin, the owners of the subject site. The site inspection and
interviews were conducted by LIAL Senior Environmental Technician, Mr. Tom P. Smyth on April
9, 2019. The report has been written by LIAL Senior Environmental Technician, Ms. Diane J.
Hawran and reviewed by Mr. Smyth, both qualified Environmental Professionals as defined by the
ASTM E 1527-13 Standard and the AAI Regulation. A copy of Ms. Hawran’s and Mr. Smyth’s
resumes are included in Appendix C.
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2.0 SITE CHARACTERISTICS
The subject site was surveyed by inspecting the building interior on a room by room basis; areas of
particular note were the sources of building heat, the structure's thermal and pipe insulation and areas
where there was storage of chemicals or hazardous materials. The exterior was inspected by walking
the grounds with special attention given to the perimeter of the site, point sources of discharge or
emission, injection wells, drywells, above-ground storage facilities, storage drums, and above-ground
connections to underground storage tanks (USTs). The activities conducted in every part of the
property were identified for the purpose of determining potential environmental threats, of interest
were the waste handling procedures, storage of hazardous materials and neighboring activities.
Photographs were also taken of the subject site, please see Appendix H - Site Photographs.
2.1 Site Location and Legal Description
Street Address 825 Pacific Street
Municipality Mattituck, Town of Southold
State New York
Tax ID Number Section 141, Block 4, Lot 11
Site Size 1.17 acres
Building Size (footprint)East Building - 3,000 square feet
Southwest Building - 2,800 square feet
References Area Map - Figure 1.0 and Tax Map - Figure 2.0
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2.2 Site Description
Accessibility The roof was inaccessible at the time of the site inspection. All other areas of the site
were accessible.
Property Type Two (2) - one (1) story automobile repair shop buildings, with no basements.
Date of Construction East Building - 1959
Southwest Building - 1964
Interior Improvements East Building - Repair Shop
The interior is divided into an office, two (2) bathrooms, four (4) service bays, a repair
pit, two (2) storage mezzanines, and a boiler / mechanical room. The interior is
predominantly finished with poured concrete floors, concrete block walls and a wood
framed ceiling.
Southwest Building - Tire Shop
The interior of the building is divided into an office, five (5) service bays and storage
areas. The interior is predominantly finished with poured concrete floors, concrete block
walls and a wood framed ceiling.
Basement Improvements N/A
Heating System The east building is heated via a gas fired system with a supplemental waste oil fired
system.
The southwest building is heated via a propane fire system.
Utilities - Upon Development, the following utilities will be provided by:
Electric LIPA
Gas National Grid
Water Municipal Suffolk County Water Authority (SCWA) and private drinking water
wells.
Sanitary / Sewer Private on-site sanitary cesspool system.
Note: The information obtained by GCI and provided in this report regarding utilities is provided for informational
purposes only. GCI obtains the information regarding the use of utilities at the subject site from the respective utilities
and reports the information. GCI can not guarantee the accuracy of the information provided by the respective
agencies. The user of the report should independently confirm all utility connections.
7
Sewer / Storm Water Discharge & Drywells:
Sanitary / Sewer According to the Suffolk County Sewer District, the subject site is not connected to the municipal
sewer system. The site is not located within the municipal sewer district. All sanitary discharges
are directed to a private on-site sanitary cesspool system. The system is located in the north yard
of the subject site.
Storm Water
Drainage
There is one (1) open grate storm water leaching drywell located in the north parking lot.
Interior
Discharge Points
There are typical sinks located within the bathrooms of the building. There is one (1) slop sink
located within the bathroom. There were reportedly four (4) bay drains located in the east
building. There is a concrete patch located in the most south service bay and this is suspect of
being a former bay drain.
There are five (5) floor drains located in the west building, specifically one (1) drain is located
within each service bay.
There is miscellaneous piping located in the mechanical room of the east building. It was
reported that these were associated with the former private drinking water wells.
Evidence of
Staining / Spills
There was minimal petroleum staining located on the concrete floors of the two (2) buildings.
This would be considered typical for a use of this type. There was no significant staining
observed.
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2.3 Site History and Operations
The subject site is a single lot parcel, which is presently improved by a one (1) story tire shop, known
as “Twin Fork Tire” and a one (1) story automobile repair shop building, known as “Lous Service
Station.”
The Town of Southold Building Department provided records in response to the Freedom of
Information request. The following is a brief summary of the pertinent records:
C Permit No. Z826, dated September 1, 1959 and Certificate of Occupancy (C/O) No. Z462,
dated December 18, 1959 were issued for a public garage and service station building. The
building measured 3,000 square feet. The cesspool for the building was located at the
northwest side of the site.
C Permit No. Z2467, dated July 27, 1964 and Certificate of Occupancy (C/O) No. Z2024, dated
October 29, 1964 were issued for a garage and storage building at the southwest side of the
site. The building measured 2,800 square feet.
Sanborn Historical Map Search
Fire Insurance Maps are produced by private fire insurance map companies and indicate the uses of
properties and immediately surrounding properties at specific dates. These fire insurance maps are
typically updated, so as to provide the fire insurance company with the historical view of
development for a given area.
A Fire Insurance Map Search was conducted for the subject site, and the private agency contacted
was Sanborn Mapping and Geographic Information Service. A full search for any existing fire
insurance maps was conducted.
The Sanborn Fire Insurance Map Search revealed the following historical use of the property:
9
SANBORN MAP SEARCH
YEAR HISTORICAL USE
1920 The subject site is improved by a two (2) story residential dwelling and a one (1) story residential
dwelling.
The surrounding properties are improved by residential dwellings or the Long Island Railroad.
1929 There do not appear to be any significant changes noted in the subject site or the surrounding
properties.
1947 The previous building has been demolished and the site exists as vacant, undeveloped land.
There do not appear to be any significant changes noted in the surrounding properties.
1965 The subject site is improved by a one (1) story automobile repair shop building located at the east
side of the site.
There do not appear to be any significant changes noted in the surrounding properties.
Please refer to the enclosed Sanborn Maps - Figure 6.0.
10
2.4 User Provided Information
LIAL sent a pre-survey questionnaire and an AAI User Questionnaire to the site contact. The
purpose of the questionnaires was to satisfy the user requirements for all appropriate inquiry and to
have the user disclose any environmental conditions which may not have been apparent at the time
of LIAL’s site reconnaissance.
2.4.1 Title Records
As of the date of this report, a title report has not been provided to LIAL. Upon receipt, if
any pertinent records are obtained from the title report, the title report will be submitted as
an addendum to this report.
2.4.2 Environmental Liens or Activity or Land Use Restrictions
As of the date of this report, the user questionnaire has not been obtained from the client.
2.4.3 Specialized Knowledge
As of the date of this report, the user questionnaire has not been obtained from the client.
2.4.4 Commonly Known or Reasonably Ascertainable Information
As of the date of this report, the user questionnaire has not been obtained from the client.
2.4.5 Valuation Reduction for Environmental Issues
As of the date of this report, the user questionnaire has not been obtained from the client.
2.4.6 Reason for Performing Phase I ESA
The Phase I ESA is being conducted by the owner and the potential purchaser of the subject
site in order to conduct due diligence and All Appropriate Inquiry prior to a purchase.
11
2.5 Interviews
Owner / Key Site Manager
According to Mr. Ted Griffin, the subject site was developed for its current use in 1959 by his father.
The subject site was utilized as a gasoline service station and in 1980 the underground storage tanks
(USTs) were removed. At that time, the site was operated by “Power Test”. Since 1980, the subject
site has been operated by “Twin Fork Tire” and “Lous Service Station.”
Occupant(s)
The site is owner occupied. Please see above.
Past Owners, Operators, and Occupants
The past owner, operator and/or occupant was not available for an interview at the time of the site
inspection. There was no contact information obtained for the former owner, operator and/or
occupant.
State and/or Local Government Officials
Local and state governments were contacted in order to obtain information regarding the subject site.
The local and state governments require that a Freedom of Information letter be submitted in order
to obtain information on the subject site. Please refer to Sections 4.1, 4.2 and 4.3 of this report for
information obtained from state and local governments.
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2.6 Site Hydrology and Geology
2.6.1 Surface Water Characteristics
A majority of the site is covered by the subject buildings, paved parking areas and loading
bay areas. The remainder of the site is covered with landscaped areas or pedestrian
sidewalks. The surface topography is nearly level throughout. Storm water runoff is directed
to the on-site drywells. The up-gradient drainage area within 1,000 feet of the subject site is
improved with commercial buildings.
2.6.2 Groundwater Characteristics
The subject site is in the Upper Glacial aquifer. The Upper Glacial consists of Pleistocene
moraine and outwash deposits. The water table is located primarily in the glacial aquifer
which underlies a majority of Long Island. In general, the upper glacial is thickest near the
north shore and eastern Suffolk County. Hydraulic conductivity is greatest along the
southern part of the island, where the outwash deposits consist mainly of well draining coarse
sand and gravel.
Fresh groundwater originates in the form of precipitation, which on Long Island, averages
approximately 44 inches per year. This precipitation will infiltrate into the subsurface and
act as the sole recharge mechanism for replenishing water in the upper glacial aquifer system.
Under the present conditions of infiltration, groundwater is recharging at a rate of
approximately 350 billion gallons of water per year. The Upper Glacial has been designated
a sole source aquifer by the US EPA, and as such is protected by US EPA mandated
remediation legislation.
According to groundwater contour maps provided by the Suffolk County Department of
Public Works (SCDPW) and the United States Geological Survey (USGS), groundwater is
located less than twenty (20) feet below ground surface at the subject site. Groundwater in
the area of the subject site flows northwest.
Groundwater beneath the site is classified as GA, as per the New York State Department of
Environmental Conservation (NYS DEC) "Water Quality Regulations - Surface Water and
Groundwater Classifications and Standards". This classification is assigned to all of the
groundwater of New York State. The best usage of class GA groundwater is as a source of
potable water supply. Class GA groundwater are fresh groundwater.
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2.6.3 Geological Characteristics
According to a soil survey of Suffolk County, Long Island, New York, the subject site is
located in the Atlantic Coastal Plain physiographic province which is characterized by low
hills of unconsolidated sands, gravel and silt. According to Franke (1972), regionally, the
subsurface deposits consist of the Upper Glacial deposits that are characterized by southward
sloping deposits of sand, gravel and silt. The Upper Glacial deposits have a maximum
thickness of 600 feet. They are underlain by the Magothy, Raritan and Lloyd Formations. The
Gardiners clay and the Jameco gravel separate the Upper Glacial deposits and the Magothy
Formation along the south west portion of Long Island.
2.7 Groundwater Use
The use of local groundwater as a potable drinking water source can compound a property owner’s
potential financial exposure and associated liabilities from subsurface contamination. LIAL
therefore evaluated the extent of the local groundwater usage in the area of the subject site.
Potable (drinking) water is supplied by the municipal Suffolk County Water Authority for the east
building. A private drinking water well is utilized for the west building.
2.8 Current Uses of Adjoining Properties
Direction Directly Adjacent Further Beyond
North Sound Avenue.“Amagansett Building Materials” and
commercial businesses
South Single family residential houses.Woodside Avenue.
East Pacific Street.Town of Southold “Human Resource Center.”
West Long Island Railroad.Commercial businesses.
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3.0 SITE INSPECTION / RECONNAISSANCE
3.1 Solid / Hazardous Materials and Waste
The subject property was inspected to determine the presence (generation, use and/or disposal) of
hazardous materials.
The operations at the site entail the use of transmission fluid, motor oil and mineral spirits, and the
generation and disposal of their waste products.
Storage Drums
There were two (2) - 55 gallon drums which were partially filled with waste oil located in the east
building repair shop. There was one (1) parts washer with a 55 gallon drum located in the east
building repair shop. There were no signs of leaks observed within the vicinity of the storage drums.
Chemical Staining and Stressed Vegetation
A surface spill of petroleum hydrocarbon products or other chemicals may be adsorbed onto the soil
particles and retained in the near-surface sediments. Plant life near a spill will often be killed or will
suffer stress from the contamination of the soil with these products. The condition of vegetative
growth can be an indicator of near-surface soil conditions.
There were no signs of significant stains or stressed vegetation observed at the subject site at the time
of the site inspection.
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3.2 Underground and Aboveground Storage Tanks (USTs and ASTs)
Site Inspection There is one (1) active 200 gallon waste oil AST located within the repair shop. The waste
oil is used to heat the building.
There is one (1) 275 gallon propane AST located in the west building repair shop. The tank
is utilized to heat the propane heater.
There was reportedly one (1) removed 1,000 gallon fuel oil UST located at the north side
of the east building. The UST was removed on September 5, 2014. The feed and return
lines for the UST were observed in the mechanical room.
There is reportedly one (1) active 1,000 gallon fuel oil UST located at the west side of the
west building. The tank is not actively utilized for heating, but it has not been abandoned or
removed.
There was no other evidence of storage tanks observed, such as fill ports, vent lines, etc.
observed at the subject site at the time of the site inspection.
NYS DEC PBS The New York State Department of Environmental Conservation (NYS DEC) Petroleum
Bulk Storage (PBS) has delegated the Petroleum Bulk Storage (PBS) program to the
SCDHS. The NYS DEC reports that they do not keep records of storage tanks on file. The
NYS DEC refers all requests to the SCDHS.
SCDHS As of the date of this report, the Suffolk County Department of Health Services (SCDHS)
has not yet responded to the research request. Upon receipt, all documentation obtained will
be forwarded as an addendum to this report.
Preliminary records from the SCDHS indicated that the subject site is listed as a PBS site
under the name “Lous Service Station”, Facility Reference No. 04003. Tank Nos. 1 and 2
are 3,000 gallon gasoline USTs which were installed in 1959 and were removed on
September 13, 1988. Tank No. 3 was a 550 gallon waste oil UST, which was installed in
1959 and was removed on September 13, 1988.
Town of Southold As of the date of this report, the Town of Southold Building Department has not yet
responded to the research request. Upon receipt, all documentation obtained will be
forwarded as an addendum to this report.
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Conclusions Issue A - Geophysical Investigation
Based on the historical use of storage tanks at the subject site, there is a concern that
undocumented USTs may be located at the subject site.
Issue B - Subsurface Investigation
Based on the lack of abandonment / removal records and/or assessment data for the one (1)
removed 1,000 gallon fuel oil UST, the one (1) active 1,000 gallon fuel oil UST, the two (2)
3,000 gallon gasoline USTs and the 550 gallon waste oil UST, the area of the former USTs
has not been assessed.
Issue C - Tank Registrations
Documentation should be provided to show that all active and former storage tanks are
properly registered with the SCDHS.
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3.3 Poly-Chlorinated Biphenyls (PCBs)
Transformers
There are three (3) types of transformers defined in the PCB regulations:
a.PCB Transformer: Any transformer containing 500 parts per million (ppm) PCBs or
greater.
b.Non-PCB Transformer: Any transformer containing less than 50 ppm PCBs.
c.PCB-Contaminated Transformer: Any transformer containing 50-499 ppm PCBs. These
transformers are not subject to parts of the regulations such as marking requirements or, if
drained of liquid, to the disposal requirements. Any liquid drained from these transformers
must be stored and disposed of in accordance with the regulations.
Transformers often contain dielectric liquid for the primary purpose of increasing resistance of the
unit to arcing and acting as a heat transfer media, helping to cool the coils. The majority of
transformers are filled with mineral oil, but a small percentage of these liquid-filled transformers
contain PCB Askarel coolant liquid. The term "Askarel" is a generic term used for a group of
nonflammable synthetic chlorinated hydrocarbons. All types of Askarels sold prior to 1960, 1969
and 1971 contained 60 to 100 percent PCBs. Askarel transformers were manufactured in a variety
of sizes, i.e. 3 to 3,000 gallons of PCB liquid, and are generally used in hazardous locations where
flammability is of concern. PCB transformers are no longer produced because of EPA's ban on the
manufacture of new equipment containing PCBs.
Inspection
There were no transformer located in the area of the subject site. In addition, LIPA reports that their
transformers do not contain PCB contaminated oils.
18
3.4 Vapor Intrusion
The ASTM definition of a Vapor Encroachment Condition or “VEC” is “the presence or likely
presence of chemical of concern vapors in the subsurface of the target property caused by the release
of vapors from contaminated soil and/or groundwater either on or near the target property.” The
ASTM standard requires the Environmental Professional to evaluate “the movement of hazardous
substances or petroleum products in any form, including, for example, solid and liquid at the surface
and subsurface, and vapor in the subsurface.”
As per the American Society for Testing and Materials (ASTM) E 1527-13, an assessment was made
at the subject site in order to determine if a Soil Vapor or Vapor Encroachment Condition (VEC)
would exist at the subject site. LIAL conducted a site inspection and also reviewed several historical
research sources for the subject site, as well as the surrounding properties. Based on this
information, a Vapor Encroachment Condition (VEC) is not likely to exist at the site.
19
3.5 Asbestos
LIAL personnel performed a visual scan of accessible common areas for suspected asbestos
containing material (ACM). Where a suspected asbestos material was observed, LIAL determined
the condition of the material and estimated the amount of suspect material.
The US EPA designated material with more than 1% asbestos as an Asbestos Containing Material
(ACM). Where asbestos material is determined to be "Friable" (capable of being crushed by hand
pressure and having a high potential to release airborne fibers), it is the recommendation of EPA that
strong response action be taken. Such actions may take the form of removal, encapsulating, repair,
enclosure and the implementation of an operations and maintenance (O & M) program. The
response action is determined depending on the severity and nature of the individual situation.
Inspection
A limited visual inspection of the property was conducted for suspect asbestos containing material
(ACM), such as friable pipe insulation, friable surface material, and non-friable floor tile. The
ceiling of the east building was suspect ACM. There was no other suspect asbestos observed
throughout the common / visible / accessible areas of the subject site at the time of the site
inspection. It should be noted that the roof area was not accessible.
Based on the construction dates of the subject buildings (1959 and 1964), the presence of asbestos
would be suspected in non-accessible areas, such as behind walls or within roofing materials. Please
note that this inspection was limited to areas capable of being accessed and visible at the time of the
site inspection. There was no destructive testing performed as part of the inspection.
In addition, according to Title 29 of the Code of Federal Regulations Part 1910.1001 (29 CFR
1910.1001), any thermal system insulation and surfacing material found in buildings constructed no
later than 1980 is said to be “presumed asbestos containing material.”
20
Asbestos Operations & Maintenance Program (O & M)
The operations and maintenance instructions should include a statement that in the event of repair,
improvement, replacement or disturbance of the asbestos containing material those persons making
the repair or disturbance should be cautioned and handle the material in accordance with EPA and
industry standard for disturbing asbestos containing material. Building occupants, maintenance staff,
custodial works, contract workers and miscellaneous persons should be informed about the location
of the asbestos containing material (ACM) and cautioned them against disturbing or damaging the
asbestos containing material.
An Operation and Maintenance Program should include the following:
(1)A program for informing persons that may come in contact with the asbestos material.
(2)Work practices for cleaning the building and minimizing ACM disturbance during
maintenance and renovation.
(3)Procedures for cleaning up asbestos fibers after a fiber release episode.
(4)Respiratory protection and medical surveillance programs.
(5)A training program for maintenance and service workers and requirements for outside
contractors.
(6)Regular surveillance of the ACM (assessing changes in ACM characteristics).
(7)Record keeping.
21
3.6 Radon
Radon is a heavy colorless, odorless, radioactive gas formed by the radioactive decay of radium.
Radon is associated with specific geologic formations which contain granite, uranium minerals,
certain shales and phosphate related minerals. Radon, being a gas, can migrate to and accumulate
in confined spaces such as building basements. Continued exposure of radon gas has been
associated with increased lung cancer risk and possible genetic damage.
The US EPA and the Centers for Disease Control have used a continuous exposure level of 4.0 pico-
curies per liter (pCi/L) or a 0.02 working level as a guidance level at which the US EPA recommends
further testing and or remedial action to lower the concentrations.
The New York State Department of Health (NYS DOH), Bureau of Radiation Protection monitors
radon levels throughout the state. There were 317 recorded test points located in Suffolk County and
the average radon level was 1.6 pCi/L. The average radon level in a living area was 0.670 pCi/L and
100 % of these test points were less than 4 pCi/L. The average radon level in a basement area was
1.010 pCi/L and 98 % of these test points were less than 4 pCi/L. The following chart details the
full findings of the radon test of the NYS DOH:
NYS DOH RADON INFORMATION - SUFFOLK COUNTY
AREA AVERAGE
ACTIVITY
% <4 pCi/L % 4-20 pCi/L % >20 pCi/L
Living Area 0.670 pCi/L 100 %0 %0 %
Basement 1.010 pCi/L 98 %2 %0 %
Conclusions
Given this information, radon is not considered a significant environmental concern within the
subject site. In addition, the subject site is not residential in nature, nor are there any living spaces
located below grade.
22
3.7 Lead-Based Paint (LBP)
The subject site is improved by two (2) commercial buildings, which were constructed in 1959 and
1964. In view of the fact that the subject building was prior to 1978, the site has been deemed to be
a "pre-1978 property.” For this reason, the subject property would be suspected of having lead-based
paint (LBP) present.
Being that the subject site is not residential in nature, the potential for lead-based paint (LBP) was
not required to be scrutinized. Therefore, an on-site testing of painted surfaces for the presence of
lead-based paint (LBP) was not performed.
As per the American Society for Testing and Materials (ASTM) Designation E 1527-13, Standard
Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,
Section 12.1.4.3, lead-based paint (LBP) is considered a non-scope consideration. Lead-based paint
(LBP) is not considered to be included in CERCLA's definition of hazardous substances (42 USC
Sec. 9601(14)), and does not present potential CERCLA liability. Therefore the inspection for lead-
based paint (LBP) is beyond the scope of this practice.
3.8 Wetlands
There are no designated wetlands located at the subject site as indicated by the National Wetlands
Inventory. The subject property is located in a moderately developed commercial neighborhood.
3.9 Other Potential Environmental Concerns
Underground Hydraulic Lifts
There is one (1) active and one (1) inactive underground hydraulic lifts located within the repair
shop. In addition, it is assumed that there were two (2) additional lifts located in the repair shop.
The lifts are assumed to have been installed in 1964 when the building was originally constructed,
making the lifts fifty-four (54) years old.
23
Repair Pit
There is one (1) below grade repair pit located within the repair shop. The pit is constructed of solid
concrete and there were no floor drains observed within this area.
There were no other pertinent site features, such as industrial process water, underground injection,
groundwater monitoring wells, sensitive environmental receptors, etc. located at the subject site at
the time of the site inspection.
24
4.0 FEDERAL, STATE, TRIBAL AND LOCAL REGULATORY AGENCY RECORDS
In order to determine if the subject site is listed, known, or suspected of being a listed hazardous
waste site, federal and state listing databases were reviewed. The United States Environmental
Protection Agency (US EPA), the New York Department of Environmental Conservation (NYS
DEC) and the tribal database records were researched and reviewed. The database search was
conducted as per the radii specified by the American Society for Testing and Materials (ASTM) E
1527-13, Standard Practice for Environmental Site Assessments: Phase I Environmental Site
Assessment Process.
The Suffolk County Department of Health Services (SCDHS) and the Town of Southold (TOS) files
were reviewed for any records which may have been maintained concerning the subject site.
25
4.1 US EPA, NYS DEC and Tribal Database Review
US EPA, NYS DEC and Tribal Database Review
Database Search
Distance *
Subject
Property
Listed
Surrounding
Properties Listed
Sites Potentially
Impacting
Subject Site
US EPA NPL 1.0 Mile No None None
US EPA Delisted NPL 0.5 Mile No None None
US EPA CERCLIS 0.5 Mile No None None
US EPA CERCLIS-NFRAP 0.5 Mile No None None
US EPA CORRACTS 1.0 Mile No None None
US EPA RCRIS-TSD 0.5 Mile No None None
US EPA RCRIS SP and APs No None None
US EPA Federal Brownfield Sites 0.5 Mile No None None
US EPA Institutional & Engineering Controls SP No N/A None
US EPA ERNS SP No N/A None
NYS DEC & Tribal IHWD 1.0 Mile No 1 None
NYS DEC & Tribal SWF / LF 0.5 Mile No 1 None
NYS DEC & Tribal LUST 0.5 Mile No 19 None
NYS DEC SPILLS SP No N/A None
NYS DEC and Tribal PBS SP and APs Yes 3 None
NYS DEC & Tribal Institutional &
Engineering Controls
SP No N/A None
NYS DEC & Tribal Voluntary Cleanup Sites 0.5 Mile No None None
NYS DEC & Tribal Brownfield Sites 0.5 Mile No None None
C Please see the enclosed US EPA, NYS DEC and tribal database for more detailed information of the above
search.
*SP =Subject Property
AP =Adjacent Properties
26
NYS DEC Inactive Hazardous Waste Disposal (IHWD) Sites
There is one (1) IHWD site located within a one (1.0) mile radius of the subject property. Based on
the cross-gradient location of this site, it would be unlikely for contamination from this source to
impact the subject site.
NYS DEC Solid Waste Facility/Landfill (SWF/LF) Sites
There is one (1) solid waste facility/landfill site located within a one-half (½) mile radius of the
subject property. Based on the cross-gradient location of this site, it would be unlikely for
contamination from this source to impact the subject site.
NYS DEC Leaking Underground Storage Tank (LUST) Sites
There are nineteen (19) LUST sites located within a one-half (½) mile radius of the subject property.
Of these LUST sites, all have been remediated to the satisfaction of the NYS DEC, as such, it would
be unlikely for contamination from these sources to impact the subject site.
NYS DEC Petroleum Bulk Storage (PBS) Sites
The subject site is listed as a PBS site under the name “Lous Service Station”, Facility Reference No.
04003, listed as follows:
1.Tank Type:3,000 gallon gasoline UST
Installation Date:1959
Status:Removed - September 13, 1988
Tank No:1
2.Tank Type:3,000 gallon gasoline UST
Installation Date:1959
Status:Removed - September 13, 1988
Tank No:2
3.Tank Type:550 gallon waste oil UST
Installation Date:1959
Status:Removed - September 13, 1988
Tank No:3
There are three (3) PBS sites located within a one-eighth (1/8) mile radius of the subject property.
27
Orphan Sites
There are orphan sites, which due to poor or inadequate address information cannot be mapped. By
cross-referencing the street names of these sites with the street names surrounding the subject site,
it was determined that none of the orphan sites are located within their ASTM-specified search
distances in relation to the subject site.
US EPA, NYS DEC and Tribal Database Review Conclusion
Based on the review of the US EPA, NYS DEC and tribal regulatory agency databases mentioned
above, as well as a review of the surrounding properties, there do not appear to be any off site
sources posing an apparent environmental threat to the subject site.
28
4.2 Suffolk County Department of Health Services (SCDHS)
The Suffolk County Department of Health Services (SCDHS) was contacted concerning any records
retained by the agency regarding permits, applications, violations, etc, as well as for all records
regarding any ASTs, USTs and/or fuel (heating) oil tanks at the subject site.
Office of Wastewater Management
A response to the Freedom of Information request submitted to the SCDHS has not yet been
received. Upon receipt, all pertinent documentation obtained from this agency will be forwarded as
an addendum to this report. ASTM E 1527-13 establishes that a diligent Phase I Environmental Site
Assessment considers all information reasonably ascertained from a public agency if it is received
within twenty (20) days of receipt of a Freedom of Information request.
SCDHS Main File Room
A response to the Freedom of Information request submitted to the SCDHS has not yet been
received. Upon receipt, all pertinent documentation obtained from this agency will be forwarded as
an addendum to this report. ASTM E 1527-13 establishes that a diligent Phase I Environmental Site
Assessment considers all information reasonably ascertained from a public agency if it is received
within twenty (20) days of receipt of a Freedom of Information request.
A copy of the records obtained from the Suffolk County Department of Health Services (SCDHS)
is included in Appendix F - Historical and Regulatory Agency Records.
29
4.3 Town of Southold
Research was conducted in the Town of Southold to trace the history of all past applications to the
Town for modification of the subject property, as well as to acquire all Certificates of Occupancy
(C/O).
Building Department
The Town of Southold Building Department provided records in response to the Freedom of
Information request. The following is a brief summary of the pertinent records:
C Permit No. Z826, dated September 1, 1959 and Certificate of Occupancy (C/O) No. Z462,
dated December 18, 1959 were issued for a public garage and service station building. The
building measured 3,000 square feet. The cesspool for the building was located at the
northwest side of the site.
C Permit No. Z2467, dated July 27, 1964 and Certificate of Occupancy (C/O) No. Z2024, dated
October 29, 1964 were issued for a garage and storage building at the southwest side of the
site. The building measured 2,800 square feet.
A copy of the records obtained from the Town of Southold is included in Appendix F - Historical
Agency Records.
30
5.0 OPINION OF THE ENVIRONMENTAL PROFESSIONAL
Based on the completion of the Phase I Environmental Site Assessment (ESA), the Environmental
Professional has identified conditions indicative of releases or threatened releases of hazardous
substances on, at, in, or to the subject site. This opinion is based on the conditions observed at the
time of the site inspection, the records reviewed as part of this ESA report, as well as the present and
historical uses of the subject site.
5.1 Data Gap
Based on the fact that the Suffolk County Department of Health Services (SCDHS) has not yet
responded to the research request, as well as the fact that a title report and user questionnaire have
not been provided, a data gap exists for the subject site. Upon receipt of the additional records, any
pertinent records will be issued to the client. The results of the additional records may alter the
findings of this report.
31
6.0 EVALUATION, CONCLUSIONS AND RECOMMENDATIONS
6.1 Recognized Environmental Conditions
The term “recognized environmental conditions” is defined by the ASTM as “the presence or likely
presence of any hazardous substances or petroleum products in, on or at a property: (1) due to release
to the environment; (2) under conditions indicative of a release to the environment; or (3) under
conditions that pose a material threat of a future release to the environment.”
LIAL has performed a Phase I Environmental Site Assessment (ESA) in conformance with the scope
and limitations of ASTM E 1527-13 of the subject site. Any exceptions to, or deletions from, this
practice are described in Section 1.4 of this report. This assessment has revealed no evidence of
Recognized Environmental Conditions (RECs) in connection with the subject site at this time, with
the exception of the following:
1.On Site Discharges - Phase II Subsurface Investigation
According to the Suffolk County Sewer District, the subject site is not connected to the
municipal sewer system. The site is not located within the municipal sewer district. All
sanitary discharges are directed to a private on-site sanitary cesspool system. The system is
located in the north yard of the subject site. There is one (1) open grate storm water leaching
drywell located in the north parking lot.
There are typical sinks located within the bathrooms of the building. There is one (1) slop
sink located within the bathroom. There were reportedly four (4) bay drains located in the
east building. There is a concrete patch located in the most south service bay and this is
suspect of being a former bay drain. There are five (5) floor drains located in the west
building, specifically one (1) drain is located within each service bay. There is miscellaneous
piping located in the mechanical room of the east building. It was reported that these were
associated with the former private drinking water wells.
Based on the historical use of the subject site, there is a concern that any accidental spills
and/or illegal discharges to the bay drains, the slop sink, the stormwater leaching drywell
and/or the cesspool may have caused subsurface soil and/or groundwater contamination.
32
A Phase II Subsurface Investigation should be conducted at the subject site. The bay drains
should be assessed and sampled. The repair pit should be assessed and sampled. All
discharge points should be dye tested and traced. The one (1) drywell and the one (1)
cesspool should be assessed and sampled.
The sampling and laboratory analysis should be conducted as per the requirements and
protocol of the Suffolk County Department of Health Services (SCDHS) and/or the NYS
DEC. The laboratory analytical results should be reviewed in order to determine if there is
any contamination present.
2.Storage Tanks
Issue A - Geophysical Investigation
Based on the historical use of storage tanks at the subject site, there is a concern that
undocumented USTs may be located at the subject site.
A Geophysical Investigation should be conducted at the subject site in order to identify
possible sub-surface structures, including undocumented USTs. Suspect areas should be
investigated in order to determine if any undocumented USTs are located within these areas.
The investigation should include a combination of physical excavation, geophysical
investigation equipment, and line tracing equipment. If undocumented USTs are located,
these areas should be marked out for further assessment and/or removal. If it is determined
that the pipes are confirmed to have been associated with former / removed undocumented
USTs, the areas of the former USTs should be assessed via soil sampling.
Issue B - Subsurface Investigation
Based on the lack of abandonment / removal records and/or assessment data for the one (1)
removed 1,000 gallon fuel oil UST, the one (1) active 1,000 gallon fuel oil UST, the two (2)
3,000 gallon gasoline USTs and the 550 gallon waste oil UST, the area of the former USTs
has not been assessed.
A Phase II Subsurface Investigation should be conducted at the subject site. The areas of the
USTs should be assessed via soil and/or groundwater sampling. The sampling and laboratory
analysis should be conducted as per the requirements and protocol of the Suffolk County
Department of Health Services (SCDHS) and/or the NYS DEC. The laboratory analytical
results should be reviewed in order to determine if there is any contamination present.
33
3.Underground Hydraulic Lift - Lift Removal or Assessment
There is one (1) active and one (1) inactive underground hydraulic lifts located within the
repair shop. In addition, it is assumed that there were two (2) additional lifts located in the
repair shop. The lifts are assumed to have been installed in 1964 when the building was
originally constructed, making the lifts fifty-four (54) years old.
A Phase II Subsurface Investigation should be conducted at the subject site. The areas of all
hydraulic lifts should be assessed via soil sampling. The sampling and laboratory analysis
should be conducted as per the requirements and protocol of the Suffolk County Department
of Health Services (SCDHS) and/or the NYS DEC. The laboratory analytical results should
be reviewed in order to determine if there is any contamination present.
6.2 Historical Recognized Environmental Conditions
The term “historic recognized environmental condition” is defined by the ASTM as “a past release
of any hazardous substances or petroleum products that has occurred in connection with the property
and has been addressed to the satisfaction of the applicable regulatory authority or meeting
unrestricted use criteria established by a regulatory authority; without subjecting the property to any
required controls.”
Based on the completion of the Phase I ESA for the subject site, there do not appear to be any
HRECs which pertain to the subject site at this time.
6.3 Controlled Recognized Environmental Conditions
The term “controlled recognized environmental condition” is defined by the ASTM as “a recognized
environmental condition resulting from a past release of hazardous substances or petroleum products
that has been addressed to the satisfaction of the applicable regulatory authority, with hazardous
substances or petroleum products allowed to remain in place subject to the implementation of
required controls.”
Based on the completion of the Phase I ESA for the subject site, there do not appear to be any
CRECs which pertain to the subject site at this time.
34
6.4 Non-Scope Considerations
Non-scope considerations are outside the scope of a Phase I ESA report, as defined by the American
Society for Testing and Materials (ASTM) E 1527-13, Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process. Non-scope considerations are
conditions that may lead to contamination of the subject site or of nearby properties but are not
included in CERCLA’s definition of hazardous substances (42U.S.C. 9601(14)) or do not otherwise
present potential CERCLA liability.
Based on the completion of the Phase I ESA for the subject site, the following non-scope
consideration pertains to the subject site at this time:
1.Asbestos
A limited visual inspection of the property was conducted for suspect asbestos containing
material (ACM), such as friable pipe insulation, friable surface material, and non-friable
floor tile. There was no other suspect asbestos observed throughout the common / visible
/ accessible areas of the subject site at the time of the site inspection. It should be noted that
the roof area was not accessible.
Based on the construction date of the subject buildings (1959 and 1964), the presence of
asbestos would be suspected in non-accessible areas, such as behind walls or within roofing
materials. Please note that this inspection was limited to areas capable of being accessed and
visible at the time of the site inspection. There was no destructive testing performed as part
of the inspection.
In addition, according to Title 29 of the Code of Federal Regulations Part 1910.1001 (29
CFR 1910.1001), any thermal system insulation and surfacing material found in buildings
constructed no later than 1980 is said to be “presumed asbestos containing material.”
The removal / abatement of asbestos is not required by law for the subject building; therefore
any asbestos found can remain in place, or it can be removed / abated. An asbestos
inspection would be necessary in order to identify any ACM in the subject building. If
asbestos remains in place, it is recommended that an ACM Operations and Maintenance (O
& M) Program be implemented by the property owner. A general format for a suggested
ACM O & M Program is included in Section 3.5 of this report.
35
6.5 De Minimus Conditions
De minimus conditions are defined as conditions which generally do not present a threat to human
health or the environment and that generally would not be the subject of an enforcement action if
brought to the attention of appropriate governmental agencies. Conditions determined to be de
minimus are not considered Recognized Environmental Conditions (RECs), although they do
warrant discussion within a Phase I ESA report.
Based on the completion of the Phase I ESA for the subject site, the following de minimus condition
pertains to the subject site at this time:
1.Storage Tank Issue C - Tank Registrations
Documentation should be provided to show that all active and former storage tanks are
properly registered with the SCDHS.
36
Limiting Conditions
The purpose of this investigation was to identify potential sources of contamination at the property,
and to satisfy the all appropriate inquiry standard set forth in Section 9601 (35)(b) of CERCLA. The
findings and conclusions set forth in this report are based upon information that was available to
LIAL during its inspection of the property and after review of selected records and documents. If
new information becomes available concerning the property after this date, or if the property is used
in a manner other than that which is in this report, the findings and conclusions contained herein may
have to be modified. Additionally, while this investigation was performed in accordance with good
commercial and customary practice and generally accepted protocols within the consulting industry,
LIAL cannot guarantee that the property is completely free of hazardous substances or other
materials or conditions that could subject the client to potential liability. The presence or absence
of any such condition can only be confirmed through the collection and analysis of air, soil and/or
groundwater samples, which was beyond the scope of this investigation.
Future events and/or investigation could change the findings stated herein. Should additional
investigations encounter differing conditions, sections of this report may require modification.
The preceding Environmental Assessment is subject to the following conditions and to such other
conditions and limiting conditions as are set forth in the report.
1.LIAL assumes no responsibility for hidden or latent conditions or misrepresentation by the
property owner, his representatives, public information officials or any authority consulted
in connection with the compilation of this report.
2.This report is prepared for the sole and explicit purpose for assessing the potential liability
with respect to the suspected presence of hazardous materials that may pose a potential health
or environmental threat and for evaluating collateral risk associated with the same. This
report is not intended to have any direct bearing on the value of the property.
3.The Environmental Assessment Report is for the sole use of the principal parties. No
disclosure or reproduction shall be made of the preceding report without the prior written
consent of LIAL.
4.LIAL or any representative of LIAL is not required to give testimony with reference to the
opinions expressed herein without prior written arrangement.
37
Disclaimer
This report is for the use of the client as a guide in determining the possible presence of toxic
materials on the subject property at the time of the inspection. This report is based on the review of
historic records, relating to past occupants, and upon a visual inspection of the surrounding
properties at the time of inspection. The records researched may be incomplete, and this report
makes no determinations with respect to portions of the surrounding properties which were not
inspected. This Phase I report is not a definitive determination of the presence of absence of toxic
substances.
LIAL shall have no liability for any damages, whether consequential, compensatory, punitive, or
special, arising out of, incidental to, or as a result of, this assessment and report. LIAL shall have
no liability for any cleanup and/or response costs, or any other incidental, or consequential, punitive,
or special costs arising out of, incidental to, or as a result of any action against the client brought by
any federal, state, or local government agency. LIAL assumes no liability for the use of this
assessment and report by any person or entity other than the client for whom it has been prepared.
38
APPENDIX A
REFERENCES
The following resources and agencies were contacted and or researched in conjunction with the
preparation of this Phase I Environmental Site Assessment (ESA):
1.United States Environmental Protection Agency (US EPA)
2.New York State Department of Environmental Conservation (NYS DEC)
3.Suffolk County Department of Health Services (SCDHS)
4.Town of Southold (TOS)
5.PSEG Long Island
6.Sanborn Fire Insurance Maps
7.Cole Directory / Tenant Search
8.Aerial Photographs
9.American Society for Testing and Materials (ASTM) Designation E 1527-13, Standard
Practice for Environmental Site Assessments: Phase I Environmental Site Assessment
Process.
APPENDIX B
SIGNATURE OF ENVIRONMENTAL PROFESSIONAL
APPENDIX C
RESUMES
The following are the qualifications of the Environmental Professionals involved in the preparation
of this Phase I ESA report.
Diane J. Hawran
Senior Environmental Technician, Environmental Professional
Education:Master of Science (M.S.), Environmental Management
Long Island University, C.W. Post Campus, Upper Brookville, New York
Bachelor of Science, Environmental Science
State University of New York, College At Oneonta, Oneonta, New York
Business Administration, Geographic Planning
State University of New York, College At Oneonta, Oneonta, New York
Experience:
1997 - Present General Consolidated Industries, Inc., Hauppauge, New York
Senior Environmental Technician
Oversee and perform all aspects of Phase I Environmental Site Assessments
including: asbestos, LBP, lead in water, and radon testing, and all related lab
documentation and report writing. Compose/evaluate Phase I and environmental
reports.
Certifications:
Certified Environmental Inspector.
40 Hour OSHA (29 CFR 1910.120) Certification.
New York State Department of Labor Asbestos Inspector certificate.
American Society For Testing and Materials, Phase I ASTM Environmental Site Assessment
Process.
American Society For Testing and Materials, Phase II Environmental Site Assessment Process.
The State University of New Jersey, Rutgers Cook College, continuing Professional Education
certificate, “How to Deal with Moldy Buildings”.
The State University of New Jersey, Rutgers Cook College, continuing Professional Education
certificate, “Site Remediation Basics”.
The State University of New Jersey, Rutgers Cook College, continuing Professional Education
certificate, “Industrial Site Recovery Act”.
The State University of New Jersey, Rutgers Cook College, continuing Professional Education
certificate, “Regulatory Training in Underground Storage Tanks.”
Introduction to ArcView GIS certificate - Bowne Management Systems, Inc., ESRI.
AutoCADD.
Tom P. Smyth
President
Education:Master of Science (M.S.), Environmental Science, Long Island University,
C.W. Post Campus
Bachelor of Science (B.S.), St. Johns University
Specialized Experience:
Assessment of real property and buildings, consulting related to commercial lending
and construction, environmental liability surrounding property transactions, and
regulatory compliance for real estate.
Experience:
1996 - Present General Consolidated Industries, Inc. (GCI), Hauppauge, New York
President
As President, Mr. Smyth is responsible for all business and technical operations of
the company. Since joining the company, Mr. Smyth has worked on every type of
project which the company provides services. Mr. Smyth has become respected by
both outside clients and other environmental consulting firms. Mr. Smyth's
experience varies from real estate consulting to remediation and waste transportation
and disposal. Mr. Smyth has worked on thousands of projects with GCI, giving him
the broad knowledge to serve a varied client base.
Under the direction of Mr. Smyth, GCI has expanded its abilities to municipal
agencies, federally regulated banking institutions, private lending institutions, major
oil companies, commercial and industrial property owners, and residential property
owners. Mr. Smyth's expertise continues to expand, and so in turn the services of
GCI also expands.
1991 - 1996 General Consolidated Industries, Inc. (GCI), Hauppauge, New York
Director of Environmental Services
As Director of Environmental Services, Mr. Smyth is responsible for management
of the environmental projects of the company. Mr. Smyth oversees client relations,
project management, bidding and proposals, and quality control. Mr. Smyth works
closely with regulators and government agencies in order to keep our clients
informed of any updated laws affecting given properties. Mr. Smyth is often called
upon to act as an expert witness for a given subject matter. Mr. Smyth has been
requested to write informative articles on the current issues in the environmental
industry for major publications.
Tom P. Smyth Page Two
1989 - 1991 Shearson Lehman Hutton Bros., New York, New York 11050
Legal Research Associate
As a legal research assistant, Mr. Smyth carried out research and assessment of
liability for clients of Shearson Lehman Hutton Bros. Mr. Smyth worked
individually with major shareholders and officers of the firm in carrying out the due
diligence of the researching all investment transactions. In this position, Mr. Smyth
gained the knowledge of investment liability for private clients.
1988 - 1989 Nassau County Supreme Court, Mineola New York 17654
Justice Patricia D. Collins
Legal Assistant
As a legal intern for Justice Collins, Mr. Smyth prepared motions for cases before the
court, involving statute and case law legal research. Mr. Smyth worked directly
under Justice Collins in the day to day workings of the court. Mr. Smyth drafted
short form orders, memorandum decisions, and conducted legal research utilized in
forming future decisions on matters before the court.
Working with Justice Collins, Mr. Smyth extended his experience in all aspects of
litigation and legal research. The knowledge gained through working in the Nassau
County Supreme Court provided Mr. Smyth with the framework to apply the legal
skills to environmental research and consulting.
Certifications:
Transaction Screen and Phase I Site Assessment “Environmental Professional Course"
American Society for Testing and Materials
New York State Department of Labor Asbestos Handling Certificate
Tom P. Smyth Page Three
Society Memberships:
Water Environment Federation
National Groundwater Association
Long Island Association (LIA), Environmental Committee
Hauppauge Industrial Association (HIA), Environmental Committee
Advancement for Commerce, Industry and Technology (ACIT), Board Member
Long Island Gasoline Retailers Association (LIGRA)
Community Bankers Association of New York State
Mortgage Bankers Association of New York (MBA)
New York Water Environment Federation
American Industrial Hygiene Association (AIHA)
American Society for Testing and Materials (ASTM)
Environmental Bankers Association (EBA)
American Society of Civil Engineers (ASCE)
Publications:
"The Expanding Role of Site Assessments in the Transfer of Real Property"
New York Real Estate Journal - May 17, 1993
"Commercial Lending Policies Change Due To Environmental Issues"
Long Island Green Directory - 1994
"Environmental Laws Are Important Factors in Real Estate"
New York Real Estate Journal - May 12, 1994
1. View of east building of subject site.
2. View of east building of subject site.
3. View of south side of east building.
4. View of north paved area of east building. Note: Area of former USTs.
5. View of typical repair bay of east building.
6. View of repair pit.
7. View of waste oil AST.
8. View of slop sink in east building.
9. View of drywell.
10. View of west building.
11. View of repair bay.
12. View of floor drain.
13. View of propane AST.
14. View of feed and return lines for 1,000 gallon UST.
15. View of surrounding properties.
16. View of surrounding properties.