Article by Roger Schlueter, MBA
The Environmental status of Real Estate does not seem to be the major Problem that it was in the past. Many Banks do not care as much about doing their Do Diligence as they once did. Some small community banks do not do Environmental Checks on their Commercial Property and many very large banks only care if the total project size is over one million dollars.
SBA (Small Business Administration), on the other hand, seems hell bent on giving more work to the Environmental Companies even when the Environmental Engineer or Geologist says the property is clean. You might as well figure that the SBA will want at least an Environmental Records Search, (checking with the Feds to see if the property has been deemed a Hazardous Site), and a Risk Assessment of the property. This will cost approximately $1,000 and the Environmental Person will also write a Reliance Letter ( SBA can rely on the information) and Evidence of Insurance Coverage by the Environmental Person or Company of at least $1,000,000.
The Environmental Person or Company will then decide whether a Phase I, needs to be done. This will cost approximately $1,000 to $2,000, and will look at the property to see if a Phase II needs to be done which will include Core Drillings and Analysis of the Samples dug up.
Usually SBA will want the initial Records Search and Risk Assessment if the property is not considered to be an Environmentally Sensitive Industry (this list is included in the current SBA SOP 50 10 5(E) as an Appendix and labeled as Appendix 4: NAICS CODES OF ENVIRONMENTALLY SENSITIVE INDUSTRIES (Includes instruction for use).
If The Property is an Environmentally Sensitive Industry then the Property needs a Phase I to start with and there are No Real Exceptions to this rule. The SBA Environmental People are considered to be inflexible on this issue.
Example of a Real Life Deal done in the Fall of 2012. The property was being sold to our borrower and he was in an industry that was not a sensitive industry. The seller also had an industry that was not a sensitive industry. Our Environmental Person went to the property and found out that the previous owner to our seller was an Environmentally Sensitive Industry but when the Prior Owner sold the property to our Seller he had a Phase I Environmental Report done. We thought this was great because the since the phase I was done there had not been an Environmental Sensitive Industry occupying the Site.
SBA ruled that we needed a Phase I even though our environmental person stated they did not need the Phase I. SBA said that we needed a Phase I Environmental Report done because our Phase I was over 10 years old. Go Figure. I still do not see the logic in this but I now, just do what the SBA Environmental People say to do because You Just Cannot Win. Believe Me I Tried!
Please respond through this Blog with any questions at roger@rogerschlueter.com or go to my Website for additional Contact Info at www.schlueterfinancial.com.