REC Logic
The presence of hazardous substances or petroleum products in, on, or at the subject property under conditions that pose a material threat of a future release to the environment
What is a REC?
Inquiries into the previous ownership and uses of the subject site consistent with good commercial and customary practices that qualifies the purchaser for Landowner Liability Protections.
What are All Appropriate Inquiries?
When conducting a search of local agency records, a records request must be submitted to these agencies at a minimum.
What are:
1. The City and/or County Clerk
2. The City and/or County Fire Department
3. The County Environmental Health Department
A condition that is related to a release that does not present a threat to human health or the environment, would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies, and is NOT a REC.
What is a de minimis condition?
These legal or physical restrictions, which may include institutional and/or engineering controls, are intended to prevent adverse impacts to individuals or populations that may otherwise be exposed to hazardous substances and petroleum products in the soil, soil vapor, groundwater, and/or surface water on a property.
What are Activity and Use Limitations (AULs)?
These types of records are typically requested from the Clerk and may provide information about the original subject site development, modifications to the development over time, and/or presence and locations of underground structures and/or wastewater disposal systems on the subject site.
What are building, planning, or development department records?
This occurs when an insufficient amount of information is available regarding a potential release impacting the REC classification.
What is a significant data gap?
This entity has the responsibility to undertake a review of land title records back to 1940, and judicial records for environmental lien and activity and use limitations back to 1980.
Who is the User?
These types of records should be requested from the EPD Tradeport office.
What are UST, Solid Waste, Lead and Asbestos?
The subject site was a manufacturing facility that ceased operations 10 years ago. The subject site has remained unoccupied since that time. The maintenance building on the subject site was inaccessible during the site reconnaissance.
What is a significant data gap?
A subject site that previously received no further action with lead contamination in soil at concentrations that are below restricted use criteria, but exceed unrestricted use criteria.
What is a CREC?
These AAIs must be conducted or updated within 180 days of and prior to the date of acquisition of the subject site.
What are
1. Interviews with owners, operators, and occupants
2. Searches for recorded environmental liens
3. Reviews of regulatory database records
4. Site reconnaissance of subject site and adjoining properties
5. Declaration by the environmental professional responsible for the assessment or update.
These types of records should be requested from the EPD Towers office.
What are Hazardous Waste, Brownfields, and Voluntary Remediation Program?
A drum observed on a subject site with a label that indicates it is a corrosive compound containing sodium metabisulfite and potassium hydroxide. The drum is in good condition, non-leaking, and no stains or corrosion are observed on the floor around the drum.
What is NOT a REC?
The date that is used when evaluating compliance with 180-day or 1-year AAI requirements.
What is the date of the regulatory database report (and/or earliest date of the individual AAI components)?
This should be done to enhance and supplement the information identified in the regulatory database report when the information in the regulatory database is not sufficient to determine a potential REC.
What is conduct a records search through GEOS and/or submit a records request to EPD (or SC online sources and DES)?