How a BEA Benefits You
If you find yourself in a situation where a Phase I ESA has identified a Recognized Environmental Condition (REC), what are the next steps? For properties located in the State of Michigan, a simple process outlined under Part 201 (Environmental Remediation) and Part 213 (Leaking Underground Storage Tanks) of the Natural Resources and Environmental Protection Act (NREPA) allows buyers to make an investment and purchase properties with RECs without being held liable for existing contamination.
In order to secure protection from liability when purchasing a contaminated property, a buyer will first need to have a Baseline Environmental Assessment (BEA) conducted and eventually a Due Care Plan developed. The first step in conducting a BEA is to perform additional investigative activities at the property. This usually involves the collection of soil and/or groundwater samples from areas of the property where historical information suggests contamination exists. In some cases, a given property may already have a BEA from previous property transactions listed in State of Michigan records. If this is the case, sample collection may be guided in part by the sample analysis results that are reported in the historical BEA. Sample collection and analysis is key to the BEA process because a BEA helps to provide protection from liability by clearly defining what contamination is present and in which locations at a property before it is transferred to a new owner. The staff at Point Blue are well equipped to carry out these assessment activities and navigate paperwork requirements after having worked on countless types of contaminated sites.
The existence of this system to allow property transfer with liability protection can do great things, both for the local economy and for businesses looking to make good investments in a new location. While the process might seem complicated, the experienced staff at Point Blue are well equipped to guide prospective buyers and provide confidence in a big investment.
