The User Questionnaire is one of the first steps to completing a Phase I Environmental Site Assessment (ESA). The questionnaire is composed of six questions that are to be filled out by the User to the best of their ability. Those questions include:

1. Environmental clean-up liens that are filed or recorded against the site
2. Activity and land use limitations that are in place on the site or that have been filed in a registry
3. Specialized knowledge or experience of the person seeking to qualify for Landowner Liability Protections (LLPs)
4. Relationship to the purchase price to the fair market value of the property if it were not contaminated
5. Commonly known or reasonably ascertainable information about the property
6. The degree of obviousness of the presence or likely presence of contamination at the property and the ability to detect the contamination by appropriate investigation

The User is typically the purchasing party seeking to qualify for Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfield’s Revitalization Act of 2001 (the “Brownfield’s Amendments”). The questionnaire is not intended to be completed by the seller, tenant, or broker.

Find out more about the User Questionnaire in the graphic below: