Regardless of whether you are liable for existing contamination on your property, Michigan law requires that you take “due care” measures to ensure that existing contamination does not pose unacceptable risks and is not exacerbated by your activities at the property. As a result of amendments to Michigan’s Part 201 statute, the duties of the owner/operator of a facility were expanded to more closely align with the federal (CERCLA) “continuing obligations” requirements. There remain, however, some important distinctions between the federal and Michigan requirements. A property owner/operator must maintain documentation that demonstrates compliance with these requirements (Documentation of Due Care Compliance Report or DDCCR). Under Part 201, due care documentation must be available to the Department of Environment, Great Lakes, and Energy (EGLE) upon request within 8 months of the earliest date of purchase, occupancy, or foreclosure. Due care and continuing obligations include the following:
DDCCRs are living documents that must be evaluated and updated as necessary, such as when property use changes or new information regarding site contaminants is discovered. We have assisted many clients in the development and implementation of effective due care measures.