Landfill within the search distance

A landfill or solid waste disposal site appears in the records within the search distance, off the subject property. The listing shows that waste was handled at the listed site. Whether there is a recognized environmental condition (REC) at the subject property depends on four things: what the listed site is and what it took, whether a release from it is known, where it lies and what lies between, and what its monitoring and file data show.

What the answer turns on

The REC definition asks what is at the subject property: hazardous substances or petroleum products (E1527-21, 3.2.73). The standard's appendixes are nonmandatory. Appendix X4 says a REC cannot lie off the subject property, though an off-site release can cause one (E1527-21, X4.1).

What the listed site is, and what it took. The standard defines a landfill as a place used to dispose of solid wastes as state rules define them, and treats solid waste disposal site as the same term (E1527-21, 3.2.46, 3.2.81). Tennessee permits four classes of disposal facility by the waste each takes (Tennessee). Ohio says its municipal solid waste landfills cannot accept hazardous waste (Ohio). Old and unpermitted dumps appear on these lists inconsistently (landfills and solid waste).
Whether a release is known. By Appendix X4, a release known at another property leaves one judgment, likely presence at the subject property; a release that is only likely takes two together, likely release and likely presence (E1527-21, X4.1). See likely release and likely presence. A known release is looked for on cleanup lists such as state hazardous waste sites. Georgia's agency says an old unpermitted landfill may already be on its Hazardous Site Inventory (Georgia).
Where it lies, and what lies between. Appendix X4's factors for likely presence start with where the source lies and the topography, geology and hydrogeology (E1527-21, X4.1). In the body of the standard, where the site visit points to a likely release at a nearby property that may migrate, the setting is evaluated for whether a REC at the subject property likely results (E1527-21, 9.4.6). Migration takes in solids and liquids at the surface or below it, and vapor in the subsurface (E1527-21, 3.2.53). Methane is a separate matter: Appendix X6 gives it as an example of substances, occurring naturally or through biological digestion, that may not be hazardous substances under the federal statute and are then outside the practice. Where state law treats one as a hazardous substance, it may be discussed as a non-scope consideration when the assessment also serves state requirements or the user directs (E1527-21, 13.1.5.15, X6.10).
What monitoring and file data show. Appendix X4's last factor is other information: reports and data from the regulatory authority, the database report or prior assessments (E1527-21, X4.1). Tennessee's permittees monitor groundwater, surface water and landfill gas and submit the results (Tennessee).

The records that bear on it

The listing. Landfill and solid waste disposal site lists are a standard source, with a required minimum search of half a mile from the subject property's nearest boundary (search distances; E1527-21, 8.1.2, 8.2.2, Table 2). Each listed site within the search distance gets the environmental professional's judgment on its significance (E1527-21, 8.1.10). Records are often inaccurate (E1527-21, 8.1.3), so confirm where the waste lies, not only where the listing is mapped. Lists of old landfills: Texas, Ohio.
The agency file. The file review step is written for the subject property and adjoining properties; for a site that does not adjoin, the significance judgment may draw on additional information from the government source (E1527-21, 8.1.10, 8.2.3.1).
Site visit. The surrounding area is observed from the subject property and public thoroughfares (E1527-21, 9.2.5). On the subject property, odors, monitoring wells and ground that suggests buried waste are site visit features (E1527-21, 9.4.13, 9.4.25, 9.4.27).

What the federal rule says

The rule lists landfills with waste management activities, apart from its records of reported releases:

Records of federally-permitted, tribal-permitted, or state-permitted (or registered) landfills and solid waste management facilities (one-half mile)

40 CFR 312.26(c)(3)(ii)

Among the factors the professional may weigh in changing a search distance:

Potential migration pathways (e.g., groundwater flow direction, prevalent wind direction)

40 CFR 312.26(d)(6)

How it is written up

The listing becomes a finding when the professional judges it may indicate presence or likely presence at the subject property, and the opinion reasons for or against calling it a REC (E1527-21, 12.5, 12.6).

Where the professional concludes hazardous substances or petroleum products from the listed site are present or likely present at the subject property, the opinion gives the grounds: what the site took, the release or why one is likely, position and setting, the monitoring data. Unless judged a de minimis condition or a historical REC, the REC is listed in the Conclusions, and the professional should give an opinion on additional investigation (E1527-21, 3.2.20, 3.2.39, 12.7, 12.8).

Where the professional concludes otherwise, the significance judgment says so, and an opinion on a finding gives its reasoning on the same four facts (E1527-21, 8.1.10, 12.6).

Observation of part of the subject property on the site visit, or an interview with a state or local agency official, may be what cannot be had. Required information that good faith efforts could not obtain is a data gap, significant if it affects the ability to identify a REC: named in the Findings with the sources consulted, discussed in the Opinions and listed in the Conclusions (E1527-21, 3.2.19, 3.2.78, 12.5.1, 12.6.2, 12.7).

This page is general reference for environmental professionals. It does not classify any property. ASTM E1527-21 is the standard and is not reproduced here; the judgment of the environmental professional on the facts governs.