RSRA EZ-Screen Standard Terms and Conditions

Terms and conditions

The purpose of this EZ-Screen, AKA Records Search with Risk Assessment (RSRA) is to serve as a screening tool to categorize the property as “low” or “elevated” environmental risk for lending purposes, not to provide liability protection under state or federal law. It is not intended to identify the presence or likely presence of hazardous substances or petroleum products on the property under conditions indicating an existing release, past release, or material threat of release into structures, ground, groundwater, or surface water. A Phase I Environmental Site Assessment is required to satisfy the “all appropriate inquiry” requirement for innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability (landowner liability protections or LLPs). The scope of services may not meet the needs of other users, and reliance on this assessment, its findings, conclusions, or recommendations is at the sole risk of such users. This RSRA report provides no liability protection for any party or purpose. Sierra Environmental Consultants, LLC (Sierra Consultants) assumes the accuracy of information provided by others and that no pertinent information is withheld. We cannot warrant the accuracy, completeness, currency, merchantability, or fitness of such information incorporated into this assessment, as it is not the product of an independent review. Nor can we warrant against consequences of data gaps due to lack of, or inability to obtain, information required by current standards and practices, despite diligent efforts. This assessment does not warrant against future operations or conditions, nor those present but not investigated. Environmental regulations and enforcement are subject to change. No express or implied warranty is offered to investigate, detect, or uncover pre-existing, existing, or future liability beyond this agreement’s scope. “Clean or Free” means that if the EZ-Screen results indicate elevated or high risk with a recommended Phase I Environmental Assessment, the EZ-Screen fee will be waived or refunded. It does not imply the property is free of contamination. Property data sourced from county assessor records compiled via a third-party data aggregator. Sierra Environmental Consultants, LLC cannot be responsible for errors or omissions in that data or any other 3rd party data used in the development of this report, from any source. No legal title search or title examination was performed as part of this assessment. Any reference to liens, encumbrances, or activity and use limitations reflects a screening-level review of readily available public sources only, and is not the product of a search of land title or judicial records. Nothing in this report should be relied upon for legal purposes or as a substitute for a title search. Where a definitive determination of recorded encumbrances is required, a full legal title search and/or a title insurance policy is recommended.

Scope of work

This assessment follows the Small Business Administration’s Standard Operating Procedures for a Records Search with Risk Assessment, as defined at Appendix 4 of SBA SOP 50 10 8.1 (effective October 1, 2026). Services, performed by a qualified environmental professional, include: Review of government databases per 40 CFR § 312.26 (excluding PFAS). Review of one or more standard historical sources on the property and adjoining properties’ generalized uses. Analysis of additional documents furnished by the client or found through research as may be helpful to the evaluation of environmental risk. Based thereon, the environmental professional will assess the property as “low” or “elevated” risk for environmental soil or water contamination. This assessment is not definitive and should not be relied upon to determine contamination. The scope may not suit other users, and reliance on its findings, conclusions, or recommendations is at their risk.

Other limitations

The property’s and surrounding properties’ environmental characteristics may change. This assessment does not warrant against future conditions or those uninvestigated. It is limited to observations from Sierra Consultants’ research. No warranty, express or implied, covers pre-existing, existing, or future liability beyond the scope. The report does not assess all threats, including emerging ones like PFAS or potential impacts from onsite sanitary wastewater systems or drinking water systems. It does not assess radon, lead based paint, asbestos, lead pipes or similar issues. Historical aerial photographs, topographic maps and similar historical records were produced by others for purposes unrelated to this assessment and are reviewed as found. This assessment does not warrant that such a record shows every feature present at the property when it was made, and a feature that does not appear in such a record is not thereby established to have been absent. This assessment does not include soil gas, sub-slab or indoor air sampling, and does not include vapor encroachment screening under ASTM E2600. Where a recorded release is compared against a published screening distance, that comparison is preliminary screening only and is not a vapor intrusion investigation. Such work is performed under separate standards and is a separate scope of work. This assessment does not evaluate the design, condition, capacity, operation or regulatory compliance of any wastewater collection, treatment or disposal system, or of any drinking water supply or treatment system, whether municipal, community, commercial, industrial or agricultural; such an evaluation is a separate scope of work carried out under different standards. The distinction is between a permitted operation and a release: a discharge in compliance with a permit issued under Section 402 of the Clean Water Act is a federally permitted release as defined at CERCLA Section 101(10)(A) (42 U.S.C. 9601(10)(A)), and the normal application of fertilizer is excluded from the definition of a release at CERCLA Section 101(22)(D), so the lawful operation of a permitted system is not, of itself, a release to the environment. Regulatory compliance is an enumerated non-scope consideration at ASTM E1527-21 §13.1.5.14. Nothing in the foregoing limits any obligation or liability arising under other law; CERCLA Section 107(j) (42 U.S.C. 9607(j)) expressly does not affect liability under any other provision of State or Federal law, including common law. Evidence of an unpermitted or uncontrolled release, or of a documented regulatory problem at such a system, is evaluated on its own facts where identified. The report assesses risk to soil or groundwater based on the property’s reasonably ascertainable historical usage. The user, by purchasing, confirms familiarity with SBA rules, procedures, NAICS codes, transaction value, and other relevant factors, concluding the RSRA EZ-Screen suits their needs. They are solely responsible for providing complete, accurate information during ordering. Sierra Consultants is not liable for errors, omissions, or delays caused by the user. Sierra Consultants will analyze data per current standards, relying on verbal information, representations, and documents unless inconsistencies or omissions suggest invalidity. Conclusions based on such data are contingent on its accuracy. We assume information from users, regulatory databases, and agencies is accurate and complete. We cannot warrant its accuracy, completeness, currency, merchantability, or fitness, as it is publicly available government data not independently reviewed. No warranty covers data gaps despite good faith efforts to obtain required information. Sierra Consultants will perform work within the agreed scope professionally, per accepted practices, using skill and care typical of reputable professionals. Liability for negligence or errors is limited to the consideration paid. No other warranties, express or implied, apply. Groundwater flow direction may be estimated using topography or readily available resources. Interpretations of flow, proximity, and contaminant fate/transport may inform potential impacts from known contamination sites. No site-specific groundwater flow measurements are conducted. Sierra Consultants recommends consulting an attorney specializing in environmental or real estate law for guidance on legalities and environmental law interpretation.

Updated 08-28-2026. These are the same terms printed in every RSRA EZ-Screen report.