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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