Environmental Assessments with Global

Conducting Environmental Due Dilligence

Reduce Liability

Federal Liability laws for environmental contamination are “Joint and Several”. This means that if an individual owned a property that is now contaminated, he or she may be liable for the costs associated with cleanup. The best way to avoid potential liability is by conducting environmental Due Diligence prior to purchasing the property.

By conducting Due Diligence, an individual can show that he or she made a significant effort, or all appropriate inquiry (AAI), to determine the environmental health of the property prior to purchase.

An individual can then qualify for the “Innocent Landowner Defense” under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), if the property is found to be contaminated. Properly conducted Phase I, Phase II and Baseline Environmental Assessments (BEA) meet the requirements for the “Innocent Landowner Defense” and, therefore, reduces the potential liability to landowners for costs associated with environmental contamination.

Understanding The Process

A Phase I Environmental Site Assessment (ESA) is the first step in conducting Due Diligence. The comprehensive Phase I ESA report, completed by a qualified Environmental Professional, includes an investigation into the current and historical property uses, a review of listed sites of contamination, interviews with local government officials, interviews with current and past property owners and/or occupants, and a site reconnaissance. Global conducts Phase I ESAs reports adhering to or exceeding the American Society for Testing and Materials (ASTM) Standard E1527-13.

If evidence of contamination is identified, referred to as Recognized Environmental Conditions (RECs), Global can conduct a Phase II ESA. A Phase II ESA may include sampling of environmental media (groundwater, soil, air) to quantify potential contamination or other further investigation into the identified REC. All analytical results, sampling information and or additional information obtained will be compiled into a report. If evidence of contamination is found, Global can complete a Baseline Environmental Assessment and submit this report to the Michigan Department of Environment, Great Lakes, and Energy (EGLE). This BEA allows the landowner to document levels of pre-existing contamination, and as long as a landowner does not exacerbate contamination, liability associated with the contamination is reduced and/or eliminated and the property can be safely operated.

The BEA provides liability protection for known and unknown contamination under specific “Parts” of the Natural Resources and Environmental Protection Act (NREPA). Once the BEA is completed, an Act 381 Work Plan will be prepared for submittal to the local Brownfield Redevelopment Authority. State and Local grant and loan opportunities will also be explored, if available.

The Global Difference

Global Environmental Engineering has been conducting environmental assessments in Michigan for 30 years. The variety of projects completed by the company has resulted in a firm that is well versed with all levels of regulations, including local, State, and Federal.

Global works closely with the buyer, seller, financial institution and/or realtor to complete a successful real estate transaction while reducing fear of potential liability.

A Phase I ESA, on average, takes two to three weeks to complete. Rush jobs can be accommodated for an additional fee. If a file review is required, the report may require an extended schedule.