What type of environmental laws apply to commercial real estate transactions?

In Pennsylvania, environmental laws that affect commercial real estate transactions include the Clean Streams Law, Solid Waste Management Act, and the Pennsylvania Land Recycling and Environmental Remediation Act. The Clean Streams Law requires that anyone disturbing a waterway obtain a permit from the Pennsylvania Department of Environmental Protection (DEP). This law applies to activities such as excavating, filling, or dredging a stream. The Solid Waste Management Act requires that commercial real estate owners contain, remove, store, transport, or dispose of solid waste in a safe and environmentally responsible manner. The Pennsylvania Land Recycling and Environmental Remediation Act, more commonly known as the “Act 2” law, sets standards for the cleanup of contaminated soil, water, and air on commercial real estate property. This law governs the cleanup of hazardous materials, including lead paint, asbestos, and petroleum. It also requires that the property owner notify the DEP when contamination is suspected. Once the property is cleaned up, the DEP issues a certification that the property is safe for use. Overall, environmental laws in Pennsylvania apply to commercial real estate transactions to ensure that the environment is not negatively affected by development. These laws protect the safety of the community and help to preserve the natural environment.

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