Baseline Environmental Assessments (BEA)/
Section 7a Compliance Analyses (7aCA) Applicable regulations in the State of
Michigan provide purchasers of commercial real estate with relief from liability due to existing contamination. A new owner may obtain the liability exemption if hazardous substances are present at
the site at concentrations which exceed applicable cleanup criteria and a BEA is completed within 45 days of purchase or occupancy.“Facility” owners and operators (owners and operators of property
known to be associated with hazardous substances at concentrations exceeding applicable residential cleanup criteria) must have documentation of compliance with Section 20107a available to the
Michigan Department of Environmental Quality upon request. This documentation is commonly referred to as a Section 7a Compliance Analysis (7aCA). The 7aCA document outlines the measures which will be
undertaken by the owner or operator to ensure the following: - Prevent exacerbation of existing contamination
- Excursive due care by undertaking response activity necessary to mitigate
unacceptable exposure to hazardous substances, mitigate fire and explosion hazards due to hazardous substances and allow for the intended use of the property in a manner that protects public health
and safety.
- Take reasonable precautions against reasonably foreseeable acts or omissions of a third party and the consequences that could result from those acts or omissions
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