Environmental Audit and Environmental Due Diligence.
With the environmental legislation in Brazil evermore encompassing and with new laws and decrees enacted every month, in addition to greater control and inspection by the environmental agency, it becomes evermore necessary for industries, real estate market, services and governments, to act in a responsible manner, and in conformity with the legal requirements applicable to their business.
SGW Services has an experienced team in this type of audit, that has already conducted more than 200 jobs in Brazil and Latin America, principally advising corporate audits of large multinational companies.
In Brazil, ABNT – Brazilian Association of Technical Standards, on December 12, 2007, published standard NBR 15515-1 "Environmental Liability in Soil and Groundwater – Part 1: Preliminary Assessment". The standard was written based on the USA standard ASTM 1527, and establishes the minimum procedures for identification of environmental liabilities.
In the state of Sao Paulo, the environmental agency CETESB (Environmental Sanitation Technology Company), in its Manual for Management of Contaminated Areas, establishes that the stages of investigation and management of contaminated or potentially contaminated areas be started based on a Preliminary Environmental Assessment, the focus of which is to survey the existence or not of Suspected Contamination Areas (AS) and Potentially Contaminated Areas (AP), which will subsidize the planning of the next stage, the Confirmatory Investigation of the Soil and Groundwater.
Preliminary Environmental Assessment (Phase I)
Environmental Assessment is preferentially carried out to identify the potential presence of environmental liabilities and other limitations of an environmental nature of an area or business in cases of acquisitions, mergers, changes in use and activities or expansions of the business. The procedure assesses and reports the environmental condition of an area, based on historical records and facts, interviews with people or professionals familiar with the place and a detailed inspection of the area and surroundings.
Environmental Due Diligence
Commonly called Due Diligence, this type of job began in the USA in private merger and acquisition transactions. The assessment is made based on the American standard ASTM E1527-05 – Phase I Environmental Site Assessment Process, adapted to Brazilian reality.
It is a procedure of systematic analysis of documents and information of a company, with the objective of measuring effective and potential risks. This Analysis guarantees the reliability of the existing documentation and can help in defining important negotiations.
Environmental Due Diligence can encompass various items, such as taxes, contracts, corporate acts, environmental, labor, social security and other issues, according to the business sector in which the company operates.
Who Should Do It?
All the companies involved in acquisitions or mergers of industrial areas, investors in the real estate sector, or companies that are going to expand their business or change the type of activity at the local (e.g.: industrial area to residential condominium).
Qualification of SGW Services
SGW Services has a team of senior consultants with broad experience in conducting Environmental Assessments which, in addition to technical work, provides subsidies to the client in the negotiation through the financial calculation of the existing or potential environmental liability.