Baseline Environmental Assessments

Baseline Environmental Assessments (BEAs)

The purpose of a Baseline Environmental Assessment is to evaluate the environmental conditions which exist at a facility at the time of purchase, occupancy, or foreclosure that reasonably defines the existing conditions and circumstance at the facility so that, in the event of a subsequent release, there is a means of distinguishing the new release from existing contamination.

This typically requires the use of a Phase 1 Environmental Site Assessment and environmental monitoring, such as a Phase 2 Environmental Site Assessment, to establish the environmental condition of the property at the time the BEA is prepared.

For liability protection in Michigan, the BEA must be disclosed to the Michigan Department of Environmental Quality (MDEQ). Alternatively, the BEA may be filed as a petition with the MDEQ, which will make a determination concerning the BEA.

There is a strict time limit of 45 days between the time that the user takes ownership or begins to use the property and the BEA is completed. Therefore, timing is critical for liability protection

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