environmental-risk-management

Baseline Environmental Assessments

PM Environmental is experienced with various federal and state mechanisms that provide purchasers of contaminated properties a means of liability protection.

Additionally, PM Environmental has designed and implemented engineering controls, isolations zones, and other containment structures that provide a method of distinguishing existing contamination from potential new releases at contamination properties. PM Environmental has also prepared various contaminant Fate and Transport models to document how existing contamination is likely to behave.

To address contamination, eligible entities must demonstrate that they are not liable under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) for the contamination at the site. Accordingly, eligible entities who may be considered “potentially responsible parties” under CERCLA must demonstrate they meet one of the liability protections or defenses set forth in CERCLA by establishing that they are (1) an innocent landowner, (2) a contiguous property owner, (3) a bona fide prospective purchaser, or (4) a government entity that acquired the property involuntarily through bankruptcy, tax delinquency, or abandonment, or by exercising its power of eminent domain.

Various states have liability protection mechanisms through Voluntary Cleanup Programs, Baseline Environmental Assessments (BEA) and consent orders/covenants not to sue. The conditions for attaining and/or maintaining liability protection usually involves Continuing Obligations or Due Care Compliance.

To be eligible for liability protection under CERCLA as an innocent landowner, contiguous property owner or bona fide prospective purchaser, prospective property owners must:

  • Conduct All Appropriate Inquiries in compliance with 40 CFR Part 312, prior to acquiring the property;
  • Comply with all Continuing Obligations after acquiring the property (CERCLA §§101(40)(C – G) and §§107(q)(A) (iii – viii)); and

To demonstrate that it qualifies as an innocent landowner, contiguous landowner, or bona fide prospective purchaser, the applicant must:

  • Conduct All Appropriate Inquires prior to acquiring the property; and
  • Comply with all Continuing Obligations after acquiring the property.

Related Articles

Revitalizing Pontiac, MI with the Creation of the Webster Community Center

“My neighborhood deserves the same sorts of resources, recreation spaces, services, and enrichment activities as any other community,” says Coleman Yoakum, Executive Director of Micah 6 Community in Pontiac, Michigan. Micah 6 Community is a neighborhood-based community development corporation and 501(C)3 dedicated to serving their community in the city. Micah 6’s efforts have included planting…

EPA Community-Wide Assessment Grant Funding Awarded to the Regional Planning Commission of Greater Birmingham

The Regional Planning Commission of Greater Birmingham (RPCGB) was recently the recipient of a $500,000 Community-wide Assessment Grant from the United States Environmental Protection Agency (EPA). The RPCGB, a regional council serving six counties and 84 communities throughout central Alabama, was awarded the grant in May 2022 as part of the EPA’s Fiscal Year 2022…
PM Environmental_2022 ENR Top 200 Environmental Firms

PM Environmental Claims Spot on ENR Top 200 Environmental Firms List

PM Environmental (PM), a national, full-service environmental consulting and engineering services firm, has claimed a spot on the 2022 Engineering News-Record (ENR) Top 200 Environmental Firms List for the fourth time in the last five years. The ENR Top 200 Environmental Firms List recognizes the top firms in the environmental services sector based on participants’…

Ready to start your project?

Our team of engineers and consultants helps you manage your project with confidence. Find out how we can help you with your project.