In 2008, BEC provided due diligence and strategic environmental support to Torrance Memorial Medical Center (TMMC) as they negotiated the purchase of a 15.8 acre former motor manufacturing and test facility in Torrance, California. Part of these negotiations included time sensitive indemnity clauses associated with residual soil impacts. The Site subsequently underwent remedial action by the former owner and received a No Further Action Determination for shallow soil from the Department of Toxic Substances Control (DTSC).
In early 2012, as TMMC proceeded with Site development activities, BEC‘s conducted environmental monitoring activities during grading and discovered 62 areas of concern (AOCs) for shallow soil contamination. Issues of concern included PCBs, volatile organic compounds (VOCs), and petroleum hydrocarbons. In addition, BEC’s discovered the presence of several previously unidentified pipelines, an underground storage tank and an improperly abandoned water production well. As the time limit associated with indemnity agreement had not expired, the former owner was required to implement additional response activities that included the removal of approximately 2,850 cubic yards of hazardous and non-hazardous waste.
BEC’s strategic environmental support during due diligence and practical and thorough field monitoring and soil sampling program, resulted in evoking the seller’s indemnification clause for shallow soil. This allowed the client to avoid potential future liabilities associated with the previously unidentified impacted soil and subsurface structures. The Site has been successfully redeveloped as a surface parking lot that services the adjacent hospital, and BEC continues to provide oversight for ongoing investigations and clean-up efforts associated with the deeper soil and groundwater.