Waste, when present at a site, can significantly delay a
property transaction, unless it can be removed prior to completing the purchase.
The waste can be present in several forms - municipal waste, hazardous waste or
residual waste. In some circumstances, even special waste, including asbestos,
or, animal waste, can be found to have been buried at a property.
If waste are buried at a property, the extent of such
burial or disposal needs to be fully investigated to see if soils and/or
groundwater have also been impacted. Where drums have been buried, removal is
typically required, and, testing must be completed to see if the drums leaked.
If waste cannot be removed or, if it is present under
buildings, studies can be completed to see if the fill is of major environmental
concern. On some sites, where "historical fill" principally consisting
of old cinders and ashes are present, no actual removal or cleanup may be
required. However, in such instances, a deed restriction may be required to
facilitate a property transaction. The deed restriction typically requires that
if materials are excavated in the future, that waste be properly managed.
Whenever waste is found to have disposed of on a
property, the extent of the disposal area and the environmental impact (if any)
of disposal has to be investigated before it can be determined if a property is
suitable for purchase. Most frequently, where waste cannot be excavated and
removed, State or Federal regulatory agencies will need to approve any needed
remedial measures, such as capping, covering, revegetation and/or methane gas
venting, if the waste is to remain at the site. Only after regulatory agencies
have expressed an opinion can most properties with waste on them actually
proceed to sale.
Some sites with extensive amounts of waste on them,
which is to remain after the sale, can be considered Brownfields sites, and/or,
Land Recycling sites.
For more information regarding waste management, click
on the following:
Do you have questions on
Waste Issues?
Return to RT Real Estate
Environmental Issues Web Page
Return to RT Home Page
