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    dcrocker
    Do You Google As a Matter of Course?
    Entry posted September 14, 2009 by dcrockerElite Contributor, last edited January 19, 2012
    761 Views, 5 Comments
    Title:
    Do You Google As a Matter of Course?
    Entry:

    I just read an article from a Colorado paper about a site being eyed for purchase by the city for redevelopment. It struck me as I read it that the article's a treasure trove of information for any future environmental professional doing a Phase I ESA there. For instance, you'd find out that:

    • the downtown site once housed a longtime dry cleaning business 
    • preliminary sampling of soil and groundwater revealed low-level contamination, but high enough to "likely spark some type of cleanup"
    • current owner says he followed state laws during 26 years of ownership and "knows nothing about possible PCE issues" BUT...
    • the site has been a dry cleaner for decades under various owners "long before the state laws became active in 1980"
    • the site's been on the state's radar "for some time" because groundwater tests on adjacent properties show low levels of PCE in the groundwater going back to 1989
    • there's '05 sampling data that detected PCE at a former gas station a block away (66 ppm vs. state standard of 5 ppb)
    • owner has not allowed additional groundwater testing on the site (red flag)

    It made me wonder how common it is for EPs to automatically google a site's address or business name for articles like this that may be in the archives of the local newspaper. Seems like the more a story about property contamination made local headlines, the more a court would deem this information "commonly known" under the AAI rule. Under section 312.30, the AAI rule references that in seeking to find commonly known information, the EP may refer to newspapers, along with web sites, community organizations, local libraries and historical societies.

    It brought to mind a charasmatic attorney I once commissioned to speak at EDR's Due Diligence at Dawn seminars advising the EPs in the audience to routinely google the site address because "you just never know."

    So, do you do this as a matter of course? only sometimes or never? Ever find anything good?

    Comment

    • Plato
      posted September 17, 2009 by PlatoSuper Contributor

      Yes, I will usually google the name of the site and the adjoining businesses to find out news about their operation and the site history.

      One facility was last used in the 70s, and Google found an advertisement in a psychiatry journal that advertised the company's product: varnish and paints (The best in the market for asylums, hospitals, hotels and sanitariums). 

      While conducting a TSCA applicability evaluation, I googled a former adjacent incinerator to determine the years of operation.  I found a news article that said that the ash was disposed of at a nearby landfill.  That landfill was not shown on the sanborns, but turned out to include the site.  Google found it through Ancestry.com, and listed the date of the news article.  The Phase I never mentioned the former use of the site as a landfill.

      I agree that as these historical documents are scanned to allow internet search engines to find them, they could become "commonly known".  Although the spill files may not have existed before the 80s/90s, newspapers record accidents, spills, fires, and advertisements.

    • dcrocker
      posted September 17, 2009 by dcrockerElite Contributor

      Plato, thx very much for the thoughtful insight. I love hearing research stories. What did we ever do before google? Spend more time in libraries, I guess, sitting in front of microfiche machines. I posted my blog on LinkedIn as well where one EP posted this:

      "Googling" is becoming the norm for any type of real estate research. In addition, I also GoogleEarth the address to see the neighborhod and look for potential RECs..... all this prior to bidding on the project."

    • Mary
      posted November 8, 2009 by MaryMember

      We perform desktop reviews for national clients where the address is all we have to start with.  Google maps come in handy to confirm the location.  The new Google street view photos are great to get a feel for the type of development on the site and local area.  I was able to confirm the presence of ASTs on several properties recently using Google maps and street view photos.  We even discovered some USTs that had been removed from the ground and were being stored with no containment on an adjoining property along with new tanks.  Fun stuff!

    • dcrocker
      posted November 10, 2009 by dcrockerElite Contributor

      Thanks for your input, Mary. Makes you wonder what you'll have at your disposal just a few years down the road, doesn't it?

      Dianne

    • LSchnapf
      posted November 12, 2009 by LSchnapfElite Contributor

      Google Earth is becoming a must for diligence.