Voluntary Cleanup for Developments in Tennessee

Market Need

You are acquiring a cornerstone property for mixed use or commercial development in an urban core area of Nashville or Memphis, Tennessee.  The market need is there for the new hotel, shopping, or condominiums planned.  However, during the environmental due diligence the property to be purchased was found to be a brownfield and has been undeveloped due to a history of contamination from industrial use, underground storage tanks, and automobile repairs shops.  How do you proceed to clean up the contamination, reduce environmental liability and risk, and construct the proposed development?

In the State of Tennessee, developers may enter the Voluntary Cleanup and Oversight Program (VOAP) for properties found during the Phase I Environmental Site Assessment to have Recognized Environmental Conditions, or, RECs. RECs may indicate there is a potential for contaminated soil, soil vapor, or groundwater. The Tennessee Department of Environment and Conservation (TDEC) – VOAP Program is a voluntary program that can help developers address and develop a piece of property which may have pre-existing contamination. As a bonus, if conditions of the program are met a developer may be issued a “No Further Action” letter for the site leading to reduced risk and liability for the development.

The five steps are: 

  1. Perform a Phase I and Phase II Site Assessment
  2. Prepare, negotiate, and finalize your Brownfield Voluntary Agreement (BVA)
  3. Conduct Public Notice and Constructive Notice
  4. Perform agreed actions listed in the BVA
  5. Obtain Site Closure and a No Further Action letter from TDEC.
Voluntary Cleanup for Developments in Tennessee
With 35 years of experience

How Lord & Winter Can Help

Trusted experts in Phase I and II Site Assessments

Experience you can trust

Lord and Winter is an experienced consultant that performs brownfield voluntary cleanup programs for commercial real estate developers. We have success in working with Clients during the property acquisition completing environmental due diligence, performing Phase I and II Site Assessments, Characterizing soil, soil vapor, and groundwater contamination, and managing entry and acceptance into the TDEC VOAP Program.
Professionals at environmental risk management and cleanup

We can guide you through the process

Once in the program we work to characterize and properly remediation or mitigate impacts to soil vapor, soil or groundwater such that human health and environmental risk is reduced or eliminated, to ensure the state of Tennessee environmental rules are met, and to obtain a a No Further Action Letter.
Guiding clients through environmental risk management

A Team Of Professionals

Our qualified Geologists, Engineers, and Biologists have decades of experience in assisting developers move properties from brownfield to new mixed use commercial development.
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All Appropriate Inquiry

Lord & Winter Phase I Environmental Site Assessments (ESA) are designed to meet “All Appropriate Inquiry” requirements of the ASTM 1527-13 Standard. This is the standard for a prospective purchaser's environmental risk protection. Key elements of the All Appropriate Inquiry include:
  • Site Reconnaissance
    An on-site inspection of the parcel to identify whether or not evidence exists of a spill or release to the soil, groundwater, or soil vapor.

  • Records Review
    A review of city directory records and/or tax records to determine whether businesses with known hazardous waste handling operations operated within the parcel.

  • Database Search
    A database search to discover whether any permit violations, reported spills or releases, environmental cleanups, or hazardous waste permits occur within the property boundary.

  • Maps
    A review of historical aerial photographs, topographic maps, and Sanborn fire insurance maps to identify any evidence of illicit dumping, fueling operations, or other waste storage and handling.

  • Interviews
    Buyer and seller questionnaires to document any institutional knowledge of hazardous waste operations and clean up, and interviews with state and local agencies to determine whether the site has been listed for leaking underground storage tanks, dry cleaner facilities, or remediation sites.

  • Phase 1 ESA Report
    A report documenting the results of the site reconnaissance, historical data review, interviews, and other ASTM 1527-13 recommended research items. The report concludes whether or not Recognized Environmental Conditions were found at the property.
Why Complete Due Diligence Prior to Acquisition?

Why Due Diligence?

Find out why smart prospective purchasers complete a Phase I Environmental Site Assessment before their purchase

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    Real Estate Industry Project-Manager

    Lord & Winter always exceeds our expectations in performing environmental consulting services throughout a large geographical range, in a timely manner, and at a competitive price point.

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    As a project manager, I greatly appreciate Lord & Winter’s professionalism in completing our Phase 1 Environmental Site Assessment well within the agreed scope, schedule, and budget.

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    We use David and his staff at Lord & Winter on projects throughout the United States. I am amazed at how they balance sensitive environmental requirements and a demanding developer's schedule. I fully believe if you find a consultant you can rely on and trust to have your best interest at hand, you should stick with them and I will continue to use Lord & Winter.

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