As part of the BEA process certain Due Care Obligations need to be met in order to maintain exemption from liability for cleanup. A preparation and determination of Section 20107(a) obligations is recommended. Under Section 20107(a) the owner must do the following:
- Undertake Measures to Prevent Exacerbation of Existing Contamination
- Exercise Due Care by Undertaking Response Activity Necessary to Mitigate Unacceptable Exposures and Operate in a Manner That Protects the Public Health and Safety
- Take Precautions Against the Reasonably Foreseeable Acts or Omissions of a Third Party, and the Resulting Consequences.