Environmental contamination on somebody else's property
Environmental contamination on somebody else's property
(OP)
I work for a company that occasionally acquires industrial sites. I have recently been moved into a position that deals more directly with these transactions. I have not had this issue come up specifically yet, but want to be prepared if/when it does, as it seems likely to happen sooner or later.
As part of the acquisition process, our company performs environmental due diligence to see if there are any issues that would end up costing more than the transaction is worth. Environmental investigations (Phase 1 and possibly 2) are performed prior to ownership transfer. My issue would be with sites that were determined to be contaminated to an extent that our company would not take ownership. I am told from a legal perspective that since we would not be the owners, we would have no duty to notify anyone. In many cases, the current owner (by their own request) is not made aware of any discoveries and would have not reason to notify.
I understand that from a legal sense (I talked to the company legal rep.) there is no duty to report, however as a licensed engineer, is there an ethical responsibility to notify someone when I personally am aware of a contaminated site?
As part of the acquisition process, our company performs environmental due diligence to see if there are any issues that would end up costing more than the transaction is worth. Environmental investigations (Phase 1 and possibly 2) are performed prior to ownership transfer. My issue would be with sites that were determined to be contaminated to an extent that our company would not take ownership. I am told from a legal perspective that since we would not be the owners, we would have no duty to notify anyone. In many cases, the current owner (by their own request) is not made aware of any discoveries and would have not reason to notify.
I understand that from a legal sense (I talked to the company legal rep.) there is no duty to report, however as a licensed engineer, is there an ethical responsibility to notify someone when I personally am aware of a contaminated site?





RE: Environmental contamination on somebody else's property
This is also a legal (contractual) issue. Being a "whistle-blower" is risky business regardless of ethics.
RE: Environmental contamination on somebody else's property
Dave
Thaidavid
RE: Environmental contamination on somebody else's property
Dik
RE: Environmental contamination on somebody else's property
TTFN (ta ta for now)
I can do absolutely anything. I'm an expert! https://www.youtube.com/watch?v=BKorP55Aqvg
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RE: Environmental contamination on somebody else's property
Dik
RE: Environmental contamination on somebody else's property
I understand the whistle-blower aspect. That would most likely mean a change in my career path if I chose to go down that road. I believe it is easier to explain being dismissed because I did what I thought was right vs explaining why I was accused of violating ethics rules or the law. Personally I don't want to work for the type of company that would prefer the latter to the former.
RE: Environmental contamination on somebody else's property
I don't know if your state licensing board has any guidance, or, if you want to 'open that can of worms'.
Dik
RE: Environmental contamination on somebody else's property
You might try asking those you consult to imagine living near Love Canal, 15 yrs before it became obvious that there was a huge problem that someone actually knew about, had no vested interest, but didn't say anything. Aside from just sheer anger at the lack of ethical behavior, there would be anger at the sheer lack of humanity. I'd be tempted to sue even if there were no deep pockets to clean out.
TTFN (ta ta for now)
I can do absolutely anything. I'm an expert! https://www.youtube.com/watch?v=BKorP55Aqvg
FAQ731-376: Eng-Tips.com Forum Policies forum1529: Translation Assistance for Engineers Entire Forum list http://www.eng-tips.com/forumlist.cfm
RE: Environmental contamination on somebody else's property
RE: Environmental contamination on somebody else's property
Believe that actively seeking to avoid knowledge of a potential liability is not legal.