Published · By the Check the Land team
How to check for contamination in five steps
- Search the federal lists. EPA's Cleanups in My Community map shows Superfund, brownfield and other cleanup sites. A free preview here searches several EPA lists around the pin.
- Check the state lists. State environmental agencies keep their own spill, leaking-tank and cleanup records, which often cover more sites than the federal ones.
- Look at the land's history. Old aerial photos, the seller, neighbours and the county can tell you what the land was used for.
- Walk it. Look for dumped debris, drums, stained soil, vent or fill pipes, old foundations and capped wells.
- Decide on a Phase I. If the land had commercial, industrial or heavy agricultural use, or a lender requires it, hire an environmental professional.
What the public lists show
EPA keeps national lists of Superfund sites, brownfields, facilities with underground storage tanks, leaking-tank cleanups and facilities that handle hazardous chemicals. Seeing a site nearby tells you about the neighbourhood: what's upstream, upwind or up-gradient in the groundwater.
The lists only include sites someone has reported. They say nothing about what's buried or spilled on the land itself, and federal lists leave out many sites that only appear in state records.
Common problems on rural land
On farms, ranches and woodland, look for:
- Old fuel tanks, above or below ground, from farm equipment or a former house
- Farm dumps: a gully filled with old machinery, drums, tires or household waste
- Pesticide mixing areas and old orchards, where some older pesticides persist in soil
- Abandoned oil, gas or water wells that were never properly plugged
- Fill brought in from elsewhere, especially on low ground
What a Phase I ESA is
A Phase I Environmental Site Assessment is a standard review, usually done to the ASTM E1527-21 practice, by an environmental professional. It covers records, historical sources such as aerial photos, interviews and a site visit. It doesn't test soil or water; if it finds a recognized environmental condition, a Phase II with sampling may follow.
A Phase I matters for more than peace of mind. Under federal law, a buyer who carries out 'all appropriate inquiries' before acquiring property, which a Phase I to that standard satisfies, may qualify for defences against cleanup liability for contamination they didn't cause. Timing rules apply, so it needs to be done shortly before you acquire the land.
For a residential lot with no history of anything but woods or pasture, many buyers skip a Phase I. For land with a commercial, industrial, dump or intensive farming history, or when a lender asks, it's the standard check.
Wells and water
Contamination and drinking water are linked. If you'll rely on a well, a nearby leaking tank or old dump matters more. Test the water before closing; see water for rural land.
What it means for your offer
Ask the seller in writing about past uses, tanks, spills and dumping. If anything on the lists or your walk raises a question, make a Phase I part of your due diligence, with time to follow up if it recommends more. Some states require sellers to disclose known contamination, but not all do, and raw land often has little disclosure.
From a real sample report
Worked example: what a clean list result does and doesn't say
Our sample screen of farmland in Story County, Iowa found no Superfund site and no EPA brownfield within 8 km, and no open leaking-tank site within 1 km. The nearest underground storage tank facility is 3.2 mi (5.1 km) away, and the nearest EPA risk-management facility 4.5 mi (7.3 km) away.
The report marks that as 'no flag', and adds the line that matters: these are federal lists only, and they don't show on-site contamination. The land is mapped as soybeans in USDA's crop data. For row-crop land like this, the questions for the seller are about fuel storage, chemical mixing areas and any old farmstead or dump on the parcel.
Open the Farmland in central Iowa sample (PDF) · How to read a report
Common questions
How do I check if land is contaminated?
Search EPA and state cleanup lists around the land, learn its history from the seller, records and old aerial photos, walk it for signs of dumping or tanks, and hire an environmental professional for a Phase I if anything suggests a problem.
Do I need a Phase I ESA to buy land?
Not by law for most residential buyers, but lenders often require one for commercial or larger purchases, and doing one to the 'all appropriate inquiries' standard can matter for cleanup liability defences.
What is the difference between a Phase I and a Phase II?
A Phase I reviews records, history and the site without sampling. A Phase II tests soil, water or other materials to confirm whether contamination a Phase I suspected is actually there.
Questions to follow up
- Ask the seller in writing about past uses, tanks, spills and dumping.
- Search the state environmental agency's spill, tank and cleanup records.
- Hire an environmental professional for a Phase I if the history or the site raises questions.
What a Check the Land screen checks
- Superfund sites and EPA brownfields within 8 km
- Underground storage tank facilities within 8 km, and open leaking-tank sites within 1 km
- Documented orphaned oil and gas wells within 50 km
- EPA risk-management (RMP) facilities within 10 km
- Land cover, land use and the USDA crop class at the point
What it can't tell you
- Anything buried, spilled or dumped on the land itself
- Sites that appear only in state records
- Whether the land needs a Phase I or Phase II
Sources
This guide is general information, not legal, engineering or insurance advice. Rules vary by state and county.