01Before signing, buying, or starting work
Do not move soil or break a protective cover before review
Official check
Digging, grading, trenching, dewatering, foundation work, or removing pavement, a slab, cap, barrier, or vapor feature can expose people, move contaminated soil or water, worsen migration, or break a control the closure depends on.
Ask“How must the contamination, restrictions, barriers, vapor paths, soil handling, dewatering, worker precautions, utilities, and replacement controls be built into the project before work starts?”
- Have ready
- Civil and utility plans, excavation depths, soil and groundwater data, restrictions, cap or barrier details, vapor system, soil-management and dewatering plans, worker and contractor notifications, waste destinations, permits, and schedule.
- Who decides
- A qualified environmental professional and project engineer, with environmental counsel, EGLE, local agencies, and contractors as appropriate
This route cannot tell you where digging is safe, classify soil or water, design worker protection, authorize removal of a control, or approve a soil-management plan.
Have the buyer's Phase I checked for this closing
Official check
You have a Phase I, but its age, time-sensitive work, reliance rights, user information, findings, and changed conditions still have to fit this buyer and closing. A seller's or lender's report is not automatically the buyer's federal protection.
Ask“Does a current AAI-compliant Phase I fit this acquiring entity and closing date? May the buyer rely on it, and do its findings or data gaps call for an update or another investigation before acquisition?”
- Have ready
- Buyer legal name, purchase and closing dates, report and update dates, environmental-professional signature, user questionnaire, reliance language, the report's listed environmental conditions, data gaps, old reports, title and lien information, and changed site conditions.
- Who decides
- A qualified environmental professional and environmental transaction counsel
This route cannot decide that a report satisfies AAI or federal liability protections. A Phase I does not certify that a property is clean or safe.
Let the environmental professional scope the next investigation
Official check
The history, physical clues, known records, or Phase I answer raises a question that cannot be settled by this intake. If sampling is needed, it should be tied to the suspected source, exposure path, deal, and planned work.
Ask“What does the current evidence mean for this parcel, and what records, Phase I update, Phase II sampling, tank check, vapor work, or other investigation should happen before we commit or disturb the site?”
- Have ready
- Phase I findings and data gaps, old reports, RIDE files, site access, history, photos from a safe distance, tanks and drains, building and utility plans, planned use and work, closing or occupancy date, and lender questions.
- Who decides
- A qualified environmental professional, with transaction counsel when liability or reliance matters
Do not open containers, sniff chemicals, pour anything into drains, or collect environmental samples yourself. This route cannot choose sampling locations or interpret laboratory data.
Confirm the use and work with the local offices
Official check
You plan a use or physical change in the community where the property sits. Environmental review does not approve zoning, occupancy, building, fire, utility, demolition, sign, parking, access, or site-plan work.
Ask“Is the planned use allowed at this address, and which zoning, site-plan, building, trade, fire, demolition, utility, or occupancy reviews must happen before the deal, design, or work?”
- Have ready
- Address and parcel IDs, current certificate of occupancy, current and planned use, floor and site plans, work scope, equipment and materials, utilities, access, parking, hours, environmental restrictions, and project schedule.
- Who decides
- The city, village, or township land-use office and the state, county, or local code-enforcing agencies
This route cannot identify the zoning district, interpret a local ordinance, classify occupancy, or approve the use or work.
Do not treat the earlier party's BEA as yours
Official check
An earlier party's BEA is useful evidence, but EGLE's current guide says its liability protection is not transferable. A new prospective owner or operator needs a transaction-specific review.
Ask“Who conducted and submitted this BEA, for which purchase or occupancy, and what does our entity need to do before its own closing or occupancy?”
- Have ready
- Full BEA and attachments, sampling data, submitter and entity names, RIDE receipt, purchase and occupancy dates, legal description, later reports, restrictions, and planned use.
- Who decides
- A Michigan environmental attorney and environmental professional
This route cannot decide whether the BEA is valid evidence, whether it protects this entity, whether a new BEA is required, or whether any statutory exemption applies.
Leave room in the deal for the environmental check
Practical step
Records, site access, report updates, sampling, legal review, and lender questions can take time. The safest place for that time is before a contingency ends, a lease becomes firm, closing happens, or occupancy starts.
Ask“Does the deal give us enough access and time for records, a site visit, report updates, any professional testing, and a decision if the review finds a problem?”
- Have ready
- Letter of intent, purchase agreement or lease draft, investigation and access terms, contingency and notice dates, closing and occupancy dates, lender requirements, entity names, and professional contacts.
- Who decides
- Your transaction counsel and environmental professional, coordinated with the broker, owner, and lender
This check cannot draft a clause, interpret the agreement, decide who bears a cost, extend a deadline, or provide legal advice.
Make sure the recorded limits fit the new use and work
Official check
A closure or No Further Action result may depend on nonresidential use, no groundwater use, a cap, pavement, vapor control, monitoring, or another restriction. A use that worked before may not fit a new occupant or excavation plan.
Ask“What do the recorded restriction and full cleanup or closure file require, and will the planned use, well, excavation, slab work, addition, or occupancy conflict with those limits or controls?”
- Have ready
- Title commitment, county deed records, restrictive covenant or notice, NFA or closure report, response plan, maps, engineering controls, inspection and maintenance logs, planned use, floor plan, civil plans, and permits.
- Who decides
- A Michigan environmental professional and attorney, coordinated with EGLE and local land-use officials
A closed file does not prove all contamination was removed. This route cannot interpret a recorded restriction, release a covenant, or approve the new use.
Match every tank to registration, closure, and release records
Official check
Active or former tanks, fill pipes, vents, dispensers, pads, and heating-oil equipment can involve separate operating, fire, closure, site-assessment, release, cleanup, and ownership records. A removed tank is not proof that no release occurred.
Ask“For each current or former tank, what was stored, who owns it, is it registered, how was it monitored, and where are the installation, inspection, closure, site-assessment, and release records?”
- Have ready
- Tank and facility numbers, registration and permits, product and capacity, age and construction, owner names, leak detection, financial responsibility, inspections, closure or removal report, site assessment, release IDs, cleanup reports, and planned transfer.
- Who decides
- Michigan Bureau of Fire Services Storage Tank Division and Michigan EGLE for release and cleanup records
Registration, closure, removal, or a closed LUST file does not prove the tank was compliant, never leaked, or has no remaining restriction. This route cannot assign tank or cleanup liability.
Put the Michigan BEA question on the deal calendar
Official check
If investigation confirms the property is a qualifying contaminated facility or site, a Michigan Baseline Environmental Assessment (BEA) can address certain existing-contamination liability questions. It is different from a Phase I and includes sampling and analysis.
Ask“Based on the property, contamination, acquiring and operating entities, and the earlier purchase, occupancy, or foreclosure date, is a BEA relevant—and what must be completed and submitted on time?”
- Have ready
- Exact purchase, closing, possession, occupancy and foreclosure dates; owner and operator entity names; Phase I; sampling plan and results; legal description; site maps; existing BEAs; and RIDE submittal records.
- Who decides
- A Michigan environmental professional and environmental attorney, with EGLE's BEA program for submittal questions
Michigan's standard screen asks whether the BEA was completed before or within 45 days after the earlier applicable event and submitted within six months. This route cannot decide eligibility, adequacy, timeliness, or calculate your deadline.
Ask for the whole property file, not just one report
Practical step
The useful answer may be split among the seller or landlord, EGLE, the county deed record, tank files, local offices, and old consultants. One Phase I, map pin, or closure letter is not the whole story.
Ask“Please provide every Phase I and Phase II, BEA and EGLE receipt, due-care file, closure or NFA report, recorded restriction, tank record, spill or cleanup file, permit, inspection, violation, asbestos survey, and environmental-system record for this parcel.”
- Have ready
- Address and parcel IDs, legal description, old addresses and business names, deed and title records, seller or landlord disclosures, environmental reports, site plans, permits, agency letters, consultant contacts, and dates.
- Who decides
- The owner or seller, county Register of Deeds, EGLE, tank and local offices, with your environmental professional
A complete-looking file does not prove the property is clean, the work is allowed, or every paper belongs to your company or planned use.
Check dirt-and-water permits before the design is locked
Official check
Your answers connect land work with a wet area, water, floodplain, larger disturbed area, nearby lake or stream, or uncertainty. Soil erosion, construction stormwater, wetlands, floodplains, drains, and local site work use different screens.
Ask“Before design and earthwork, what local soil-erosion, construction-stormwater, wetland, floodplain, drain, Joint Permit, and site-plan reviews apply to this exact parcel and work?”
- Have ready
- Survey and site plan, wetland delineation or map clues, flood information, lakes, streams, drains and shorelines, disturbed area, fill, grading and drainage plan, construction schedule, utilities, contractor, and local approvals.
- Who decides
- Michigan EGLE Water Resources Division and the county or local soil-erosion, drain, floodplain, and land-use offices
A dry visit, online map, acreage estimate, or building permit does not settle these reviews. This route cannot draw a wetland boundary or decide floodway or permit status.
Plan for safe use even if someone else caused the contamination
Official check
Michigan due care is about using known contaminated property safely. Owners and operators may need to prevent exposure, avoid making contamination worse, protect workers and visitors, honor restrictions, cooperate with cleanup, and keep records.
Ask“For this use, these occupants, and this work, what soil, groundwater, vapor, barrier, notice, access, contractor, and documentation steps are needed to meet due-care duties?”
- Have ready
- Characterization and exposure data, planned use and occupants, due-care evaluation, restrictions, vapor or barrier designs, inspection and maintenance logs, utility and contractor plans, notices, cleanup contacts, and emergency information.
- Who decides
- A qualified environmental professional and Michigan environmental counsel, with EGLE due-care staff as appropriate
A BEA, NFA, lease clause, or lack of cleanup liability does not remove due-care or federal continuing obligations. This route cannot approve a due-care plan or declare the use safe.
Search the address, nearby sites, and the files behind the map
Official check
RIDE can show Michigan cleanup and leaking-tank locations, tanks, land-use limits, and documents. Some records are not mapped or digitized, and a nearby release can matter too.
Ask“What appears for this parcel, its old names and addresses, and nearby properties in RIDE? Which reports, restrictions, closure papers, and missing files should we pull or request through FOIA?”
- Have ready
- Address, parcel IDs, old business and owner names, nearby addresses, RIDE location IDs, map printout, document list, missing-file notes, and any FOIA response.
- Who decides
- Michigan EGLE RIDE and FOIA staff, interpreted by an environmental professional
A blank map or search result is not a clean-property finding. Map locations are clues, not surveyed boundaries or professional conclusions.
Put vapor intrusion on the professional's question list
Official check
Fuel, dry-cleaning solvent, degreasing chemicals, and other volatile contamination can move from soil or groundwater into indoor air through cracks, sumps, and utility paths. You may not see or smell it.
Ask“Does the property or a nearby source need a vapor-intrusion review before occupancy, renovation, slab work, or a more sensitive use? What existing system, sampling, inspection, or maintenance record must be checked?”
- Have ready
- History and nearby sites, soil and groundwater data, soil-gas, sub-slab and indoor-air results, building and utility plans, basements and sumps, vapor-system design, alarms, inspections, maintenance, and planned occupancy.
- Who decides
- A qualified environmental professional, with EGLE and public-health staff as appropriate
No odor, a concrete slab, or a Phase I does not prove indoor air is clear. This route cannot design sampling, interpret air data, or declare the building safe to occupy.
Keep unknown material in place and bring in the right help
Official check
Drums, totes, tanks, pits, piles, oily water, stains, or chemical odors can point to a release or abandoned material. Moving or opening them can expose people, spread contamination, or trigger separate notice and waste duties.
Ask“Can the current owner secure the area and have an environmental professional identify the safe next step, including any release, abandoned-container, waste, or emergency reporting question?”
- Have ready
- Address, safe-distance photos, labels if readable without contact, approximate count and size, condition, location map, stains or drainage path, time found, known history, owner contact, and emergency observations.
- Who decides
- The current owner or operator, a qualified environmental professional, and EGLE or emergency responders when appropriate
Do not touch, open, move, sniff, mix, or sample unknown material. This route cannot identify a substance or decide a reportable amount.
Trace drains and confirm the well or septic system fits the use
Official check
Floor drains, sumps, separators, private wells, septic systems, and unknown pipes can connect the property condition to drinking water, wastewater, groundwater, soil, or stormwater. Existing equipment is not approval for a new use.
Ask“Where does every drain and sump go, and what records prove the well, septic, sewer, separator, or discharge route is permitted, sound, and sized for the planned use?”
- Have ready
- Plumbing and utility drawings, drain and sump photos, professional tracing or dye-test records, sewer approvals, discharge permits, separator records, well log and water results, septic permit and evaluation, pumping records, planned flow and use.
- Who decides
- The local health, plumbing, sewer, drain, and building offices, with EGLE where groundwater or surface-water discharge is involved
Do not pour anything into an unknown drain to test it. This route cannot trace piping, approve a discharge, assess a well or septic system, or confirm capacity.
Ask early whether brownfield assessment or redevelopment help fits
Official check
Known contamination and a real reuse plan may fit a local brownfield conversation. Some public programs can support assessment, BEA, due care, cleanup, demolition, or abatement through eligible local partners.
Ask“Does this property and reuse plan fit a local brownfield authority, EGLE assessment, grant, loan, or tax-increment-financing discussion—and what must happen before costs are incurred?”
- Have ready
- Property and ownership information, reuse plan, jobs or housing and investment details, environmental records, known costs, schedule, responsible-party information, local-government contact, and financing gap.
- Who decides
- The local brownfield redevelopment authority or other eligible public partner and the EGLE brownfield coordinator
This route cannot decide eligibility, promise an assessment or award, reserve funds, approve costs, or show that assistance will arrive before a deal deadline.
Coverage receiptWhat this guide covers
This route covers a Michigan commercial or light-industrial property transaction or reuse. It is a starting map, not a Phase I, BEA, due-care plan, legal opinion, sampling plan, or clean-property finding.
Checked
the property record packet, RIDE, nearby-site, document, and FOIA routing, environmental time and access in the deal, the buyer's AAI and Phase I starting question, professional follow-up for history, clues, findings, or data gaps, the Michigan BEA applicability and timing question, the BEA submitter, transaction, and transfer question, known-contamination due-care routing, closure and land-use restriction compatibility, vapor-intrusion routing, current and former tank records, safe handling and abandoned-container or release routing, asbestos inspection and notification routing, old equipment, PCB, refrigerant, lamp, and worker-material routing, contaminated-soil, water, cover, and contractor routing, erosion, stormwater, wetland, floodplain, and Joint Permit routing, drain, well, septic, sewer, and discharge routing, local use, code, demolition, and occupancy routing, a brownfield-assistance eligibility conversation, the separate business operating-permit route, continuing controls, notices, and record ownership.
Still decided elsewhere
Whether the property is contaminated or safe; whether a Phase I satisfies AAI; whether a BEA, lessee exemption, or federal protection applies; sampling scope; legal liability; cleanup cost; due-care adequacy; building-material content; title interpretation; and approval to close, occupy, renovate, demolish, or dig.
Not checked
Residential-only home purchases, structural and building-condition inspections, mold, radon, energy performance, appraisal, title defects, contract drafting, insurance coverage, cleanup design, cost estimates, active emergencies or enforcement, full CERCLA or RCRA analysis, landfills, Superfund, mining, oil and gas, pipelines, tribal or federal property, and full operating-permit review.