Due Care

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

Purchasers of contaminated property in Michigan have responsibilities referred to as Due Care, which can require a new property owner to conduct further investigations and remedies beyond a BEA. Although completing a BEA removes the owner from the responsibility for clean up of existing contamination, the owner remains responsible to eliminate exposure risk to site occupants and visitors. Requirements include documentation that the site has been evaluated from a health exposure standpoint, including direct contact, drinking water, indoor and outdoor inhalation. Owners must demonstrate that there is no exposure risk at their site, that there is a plan to manage the exposure risk or they must undergo the processes necessary to eliminate that risk, which can be costly. As part of the property assessment, the consultant performing the sampling for the BEA should consider the intended property use prior to developing a sampling plan, so that they can incorporate a Due Care assessment into their investigation. In most cases, compliance with Due Care can be incorporated at a minimal cost beyond that of the BEA. Most lending institutions now require an assessment of the Due Care plan. It is best to incorporate this planning into the evaluation process and address it when the BEA is first undertaken. Doing this will could render considerable savings and will also eliminate surprises during redevelopment or reuse of the site.

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