Demonstrating compliance with ongoing "due care" obligations is a requirement for owners and operators of contaminated property and is also a necessary requirement for maintaining liability protection afforded through a baseline environmental assessment (BEA). Due care requirements apply to liable and non-liable owners and operators alike and generally focus on preventing unacceptable exposures to contamination and not exacerbating contaminant conditions. As such, due care includes evaluating the contaminant conditions relative to the land use and applicable human health exposure pathways. Documentation demonstrating compliance with due care obligations must be provided to the Department of Environment, Great Lakes and Energy (EGLE) if they request it.
A critical component of demonstrating ongoing compliance with due care is maintaining appropriate documentation/records of response activities (e.g., routine inspection and maintenance of engineering controls that prevent unacceptable health exposures). For circumstances where it's necessary to gain EGLE's concurrence that an owner/operator is in compliance with due care, a Documentation of Due Care Compliance (DDCC) report can be prepared and submitted to EGLE for review. A DDCC is a report detailing the due care evaluation and documenting compliance with due care in a specific format required by EGLE.
Envirologic's infographic will help you understand the scope of Due Care obligations and provides a Due Diligence flowchart.
View the complete infographic here.
Check out our entire series of Due Diligence infographics:
Questions? Please contact our Manager of Due Diligence Services, Erik Peterson.
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