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Baseline
Environmental Assessments (BEAs)
Covenants Not to Sue, Baseline Environmental Assessments (BEAs), and
other Tools for Liability Protection.
PM Environmental is experienced with various available federal and state
mechanisms that provide purchasers of contaminated properties a means
of liability protection. PME has designed and implemented workplans
in conjunction with federal and state regulatory agencies, as part of
Administrative Order of Consents, Convenants not to Sue and the State
of Michigan's Baseline Environmental Assessments (BEAs), that allowed
innocent purchasers to acquire contaminated property without incurring
liability for the clean-up.
PM Environmental has also designed and constructed engineering controls
and/or containment structures that provide a method of distinguishing
existing contamination from potential new releases at properties where
hazardous substances will be used. Often this approach is taken at properties
where regulatory mechanisms minimizing liability are not available and
the purchaser desires some sort of risk minimization procedures.
The State of Michigan's BEAs provide a means of purchasing contaminated
property without incurring liability for the clean-up. There are three
main category BEAs available including: categories N, D, and S. Category-N
BEAs can be used when the specified future use of the property will
not involve the use of any hazardous substances on-site. Category-D
BEAs can be used when the specified future use of the property will
involve different hazardous substances than already exist at the site.
Category-S BEAs can be used when the specified future use of the property
involves the same hazardous substances that already exist on-site.
PM Environmental has the following in house capabilities to provide
these services:
- Professional Staff Experienced with Regulatory Negotiations Related
to Mechanisms of Liability Protection.
- Design and Implementation of Advanced Engineering Controls for
Future Spill Prevention and
Containment Plans.
- Advanced Two and Three Dimensional Static and Dynamic Contaminant
Modeling and Statistical Analysis Capabilities for Contaminant Mass
and Fate and Transport Modeling.
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