Preliminary Assessment - AskESA
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Preliminary Assessment

This form of due diligence is used only in New Jersey, as prescribed by the NJDEP. It provides the same information as an ASTM Phase I Environmental Site Assessment, and then goes beyond the Phase I. Every Preliminary Assessment must follow the format prescribed in the New Jersey Technical Requirements for Site Remediation (N.J.A.C. 7:26E), which differs from the ASTM format and must compare the results of all past environmental cleanups against contemporary standards. Preliminary Assessments are the preferred form of due diligence when buying commercial or industrial property in New Jersey because they are required pursuant to New Jersey’s Brownfield and Contaminated Site Remediation Act (N.J.S.A. 58:10B-1 et seq.). Additionally, a Preliminary Assessment must be performed to satisfy the specific requirements of an innocent landowner defense established by the New Jersey Department of Environmental Protection.

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