Benzene News

"DEQ's Cleanup Process for Brownfield Sites "

December 27, 2007

Above-ground contaminated sites, which are known as brownfields, typically take years to clean up.

Many of these sites are reportedly on record with the Michigan Department of Environmental Quality (DEQ) and are contaminated with benzene.

However, cleanup is the responsibility of the site’s owners and can be costly, which has been controversial in recent months.

Controversy with Cleanups

Brownfield sites are covered under Part 201 of the Natural Resources and Environmental Protection Act (NREPA).

“The reporting obligations for non-tank sites are actually quite limited,” explained Lynelle Marolf, the DEQ’s assistant chief of remediation and redevelopment. “The reporting is triggered by the release of hazardous substances in certain quantities that are actually specified in a federal regulation. It varies by the circumstance.”

The fact that Part 201 varies according to circumstance is controversial since it isn’t consistent.

For example, those who purchase property that’s contaminated but aren’t responsible for the contamination are covered under a different section of Part 201.

“Their obligations are more limited,” says Marolf, “it’s not a full cleanup; it’s what the DEQ refers to as ‘due care.’”

Due Care

Due care consists of three basic provisions:

To make the property safe for its intended use
To take into account the likely actions of the third party
Not to exacerbate the contamination

(Source: Spinal Column Online) Do you believe that you’ve been exposed to benzene? If so, please contact us today to speak with an experienced attorney who will enable you and your loved ones to receive the compensation that you deserve.

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