The Baseline Environmental Assessment

By Lee Blodgett, R.E.P.A.

In previous newsletters, we discussed Phase I and Phase II of an Environmental Site Assessment. When contamination is substantiated on a property above residential cleanup criteria by result of the Phase II, the site is defined as a "facility." A purchaser has the ability to proceed with the purchase of the property without the liability for cleanup by conducting a Baseline Environmental Assessment (BEA). The BEA establishes the level and nature of contamination on a property so that there is a means to distinguish prior contamination from any potential new contamination following the sale.

There are 3 categories of a BEA, each of which generally require a varying degree of contamination delineation. The category is dependent on the nature of existing contamination and the intended use of the property. For example, if a purchaser intended to operate a service station at an impacted site which was previously a service station, this would require more information than if the intended use was to open a flower shop. It is more difficult to distinguish between "old" and "new" releases where the same chemicals are involved.

As recently as March 11, 1999, new BEA rules became effective that address specific timeframes that must be met to obtain the liability protection. New "Due Care" rules also took effect on March 11, 1999. "Due Care" is applicable to a person who owns or operates property that is a "facility." Violations of the BEA and "Due Care" requirements may leave a purchaser liable for the cleanup cost and natural resources damages in addition to any worker related medical costs. We will discuss "Due Care" further in our next newsletter.

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