Due Care & Continuing Obligations
The owners and operators of property that is contaminated are required to take actions to ensure that unacceptable exposures are eliminated, contamination is not exacerbated, proper notifications are made, and compliance with on-going land use restrictions is met.
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.
PM Environmental’s qualified and experienced team can develop an effective and sensible Continuing Obligations plan that enables you to identify, ensure and track compliance with, and manage ongoing obligations of a purchaser to maintain due care and CERCLA protections.
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.
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