Due Care Compliance Plans
Environmental Liability Protection for Property Owners and Purchasers
Managing Environmental Obligations for Impacted Properties
Under Michigan Part 201 of the Natural Resources and Environmental Protection Act (NREPA), property owners and operators of contaminated sites have ongoing “Due Care” obligations, even if they are not responsible for the original release.
Due Care requirements are intended to prevent unacceptable exposure to contamination, mitigate risks to occupants and the public, and prevent exacerbation of existing environmental conditions.
A Due Care Compliance Plan documents how these obligations will be met and provides a structured approach to managing environmental risk while maintaining property use.
Scope of Services
- Review of existing environmental data and prior investigations
- Evaluation of site conditions and known contamination
- Assessment of potential exposure pathways
- Development of institutional or engineering controls where appropriate
- Preparation of Due Care documentation consistent with Michigan regulatory requirements
- Coordination with legal counsel, developers, or regulatory agencies as needed
Who Typically Requires a Due Care Plan
- Property owners of sites with documented contamination
- Developers redeveloping impacted properties
- Commercial or industrial operators occupying contaminated facilities
- Organizations acquiring property under liability protection provisions
- Attorneys advising clients on environmental compliance obligations
Common Applications
- Redevelopment of brownfield or previously industrial properties
- Ongoing operation of facilities with known environmental impacts
- Supporting compliance following a Baseline Environmental Assessment
- Implementation of exposure mitigation measures
- Documentation of risk management strategies for regulatory review
Frequently Asked Questions
What are “Due Care” obligations in Michigan?
Due Care obligations require property owners and operators of contaminated sites to prevent unacceptable exposure to hazardous substances, mitigate risks, and avoid exacerbating existing contamination under Part 201 of NREPA.
Is a Due Care Plan required for every contaminated property?
Not all properties require a formal written plan, but documentation is often recommended to demonstrate how Due Care obligations are being met, particularly during redevelopment or property transfer.
How does a Due Care Plan relate to a BEA?
A Baseline Environmental Assessment can establish liability protection for new owners, while a Due Care Plan outlines how ongoing compliance obligations will be met after acquisition.
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