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Baseline Environmental Assessments (BEA)/ Due Care Plans
Baseline Environmental Assessment (BEA)

A Baseline Environmental Assessment (BEA) provides liability protection for new or prospective owners of a contaminated property. A new owner/ operator can buy, lease or foreclose on a contaminated property and not become liable for cleanup of the property, provided they did not cause the contamination, if they conduct a BEA and disclose it to the Department of Environmental Quality (DEQ) within the required time. The BEA can also be used to establish a means to distinguish a new release from a pre-existing contamination in the event that hazardous substances or petroleum products will be used on the property.

(Picture Above: Contaminated soil located underground.)

Due Care Plan

Once the BEA is completed, the owner/ operator is provided with a Due Care Plan which is a measure to protect people from the contamination,  inhibit the spread of contamination off of the property and ultimately acts as a guide for the safe use of the contaminated piece of property. Such measures include evaluating the contamination and taking necessary response actions. Due care requirements are not related to the owner or operator's liability for the contaminants; they apply to non-liable parties and liable parties alike. This document is kept on the property to ensure that the properties can be safely redeveloped.

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