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Can Someone Build On Contaminated Soil Where A Gas Station Once Sat?

Gasoline contains a cocktail of chemicals unsafe for human health when high levels are ingested or inhaled. Stringent regulations require remediation of soil contaminated by hazardous constituents. Building permits won't be issued until the site is clean. Prospective buyers should be aware of the risks associated with contaminated soil; a Phase I environmental site assessment is an effective measure for due diligence.
  1. Chemicals in Gasoline

    • Gasoline contains about 150 chemicals, including the BTEX compounds -- benzene, toluene, ethylbenzene and xylene. Naphthalene and styrene can also be part of the BTEX compound, referred to in that case as BTEXN, or BTEXS. Lubricants, anti-rust agents, and anti-icing agents are also present in small amounts. Methyl tertiary-butyl ether (MTBE) is a common additive, and some gasolines have ethanol in them. Gasoline is made from crude oil, which has polycyclic aromatic hydrocarbons (PAH), a well-known organic pollutant.

    Health Effects of Exposure

    • Chemicals in the BTEX compound have a harmful effect on the central nervous system. Benzene is known to cause cancer when there's a high level of exposure. A low concentration of MBTE in water gives it an unpleasant taste so large amounts of groundwater can become nonpotable from a small amount of MBTE. Exposure to a large amount of gasoline results in coma, or death; but the effects of exposure to small amounts of gasoline over a long period of time aren't well known.

    Scope of Soil Contamination

    • Gasoline can enter soil and groundwater from spills, leaking underground tanks and pipelines. MBTE is a particular hazard; it's is highly water-soluble and persistent; it travels fast in water, and enters soil easily. The contaminants can impact soil and groundwater conditions for several blocks around the original site. Property owners are held legally responsible for remediation of a contaminated site even though they didn't cause it, and even after they sell it

    Environmental Site Assessments

    • Environmental site assessments are routinely required now for commercial properties where soil contamination is a possibility. Phase I environmental site assessments investigate the likelihood of contamination. If the answer is yes, a Phase 2 environmental assessment is required. Phase 2 involves physical testing for contaminants and can result in Phase 3, which is remediation. Phase I assessments are recommended as due diligence for anyone considering purchasing commercial properties. The consequences of finding contamination after the purchase can be extremely costly.