Phase III is the term often applied to remedial action. Remedial actions, required by law, are often done in property transactions after contamination has been discovered under the Phase I and Phase II processes. The purpose of the remedial action is to remove the contaminate and return the property to private or commercial use.
The Pit-Falls: Although Phase III remediation is used to clean up contamination for which there is already some form of liability, if done improperly, it can lead to additional liability. Additionally, proper oversight and management of the remediation is essential for clean closure.
Denby has extensive experience advising clients on Phase III work, ranging from simple petroleum spills to complex subsurface remediations.