environmental-risk-management

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.

Related Articles

PM Expands Affordable Housing Offerings

PM Environmental (PM) has been offering affordable housing services for over 15 years, and in that time the sector has grown considerably. Projects have understandably become more complicated with time, and PM has adapted to the needs of the clientele. PM has the capacity to move projects along from the initial Phase I ESA to…

PM Environmental Announces Staff Promotions

PM Environmental (PM) is proud to announce the promotions of staff to new and expanded roles within the company. PM has promoted former Due Diligence project consultant David Balash to Senior Project Manager and Leaking Underground Storage Tank Project Manager Wesley Henson to LUST Regional Manager. PM also announces that Regional Manager – Due Diligence…

PM’s Charitable Giving

Every year, PM Environmental’s regional managers choose charities to donate to. This year, they chose causes that are near and dear to their hearts. These organizations impact the community in ways that make the world a better place. Whether it be helping kids in foster care or supporting homeless shelters, PM proudly stands together with…

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.