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Due Care Plan & Mitigation

Parties that purchase, occupy or foreclose on a piece of property and have a Baseline Environmental Site Assessment (BEA) Report completed and submitted to the RRD of the MDEQ and who obtain an exemption from liability for the contamination existing at the property at the time of purchase are required to comply with Section 7a of Part 201 of Act 451 of 1994, as amended, due are obligations.  Due care obligations require the BEA holder to retain an environmental consultant to identify the relevant exposure pathways (ingestion, sensitive habitat, inhalation and/or direct contact) applicable to the site.  Once the applicable relevant exposure pathways are identified, the soil and subsurface water/groundwater contaminant concentrations are compared to the applicable RRD of the MDEQ Part 201 or 213 Cleanup Criteria to determine if one or more potential exposure hazards exist.  If a potential exposure hazard exists, the hazard must be thoroughly evaluated and actions taken to prevent unacceptable exposures to site occupants, site users and transient parties onto the property.  All Due Care Plans incorporate provisions for proper soil and subsurface water/groundwater management during site construction, renovation and/or underground utility installation activities.  Due Care Plans are required to be maintained at the location where the BEA was completed but are not required to be submitted to the RRD of the MDEQ.


For further information regarding Due Care Plans & Mitigation please contact Jerome Meyer at (800) 533-7474 and/or or James Springstead at (800) 553-7474 and/or

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