Former Partlow West Company
As part of the due diligence process related to a pending real property transaction, SYNAPSE personnel were initially retained by Partlow Corporation (Partlow) to conduct an environmental liability assessment and a Phase I Environmental Site Assessment (ESA) of the former PartlowWest Company property. The property was underutilized following the company’s out-of-state relocation of its manufacturing operations and the sale of its real property was complicated by recognized and perceived environmental conditions.
Serving as liaison between Partlow, the pending buyer, a lending institution and New York State regulatory agencies, SYNAPSE personnel developed and implemented a corrective action strategy that was both protective of human health and the environment and fostered the real property transfer. This transaction allowed the return of the property to a viable use.
Historically, Partlow-West Company manufactured mercury-containing mercury mechanical and electronic sensors. In order to evaluate potential exposure pathways, SYNAPSE personnel performed a survey of interior and exterior building features and subsurface and groundwater investigations. Phase II ESA field activities identified the presence of mercury in several subfloor features as well as various building components, including the air circulation system. Corrective action was implemented to address the residual mercury remaining within these features.
In accordance with a NYSDEC Voluntary Cleanup Agreement (VCA), Phase III Corrective Action was implemented exterior to the building to remediate mercury-impacted soil and monitor the existing groundwater quality. Throughout the Corrective Action process, SYNAPSE personnel assisted Partlow in the identification of potential buyers. Key elements of this Corrective Action included:
- Performance of a Risk-Based Assessment that set forth site-specific cleanup objectives;
- Soil excavation and disposal determined by pre-excavation verification sampling;
- Design and replacement of existing stormwater drainage system; and
- Utilization of engineering and institutional controls as part of the final remedy.
Upon successful completion of the VCA Corrective Action, New York State provided Partlow and its successors and assigns, including respective secured creditors with a Release and Covenant Not to Sue. Benefits to Partlow for having secured this release and covenant include:
- Returning perceived value to the property; and
- Positioning the property to be used for commercial tenants; and
- Moving the property through transaction.