Toxics Cleanup > Voluntary Cleanup Program

Voluntary Cleanup Program (VCP)

Persons who conduct independent remedial actions to investigate and clean up contamination at a hazardous waste site (site) may request informal site-specific technical consultations under the Voluntary Cleanup Program (VCP). Independent remedial actions are remedial actions that are conducted without oversight or approval by the Department of Ecology (Ecology). The consultations may include assistance in identifying applicable regulatory requirements and opinions on whether the remedial actions planned or completed at a site meet those requirements.

Application Process – Updated June 2006

To request Ecology’s assistance under the Voluntary Cleanup Program, you need to complete and submit to Ecology a VCP Application.

1. Instructions: [under development]
    

2. Forms: To complete your VCP Application, you need to submit, at a minimum, the following two forms:

• VCP Application Form (revised June 2006);
• VCP Agreement
(new June 2006).

As part of the VCP Application Form, you also need to submit the following:

• Independent Remedial Action Plans or Reports (see Part I of the Application Form);
• Map(s) of the Site (see Part II of the Application Form).

If you have determined that your Site does not require a Terrestrial Ecological Evaluation, please also complete and submit the following form:

• Terrestrial Ecological Evaluation Exclusion Form (revised June 2006)

3. Questions:  If you have any questions regarding the application process or how to complete your VCP Application, including each of the forms, please contact the appropriate Ecology regional office. To identify the appropriate regional office and contact within that office, please click on following link: VCP Contact Information.
    
4. Mailing Addresses:  Once you have completed your VCP Application, please mail it to the appropriate Ecology regional office. To identify the appropriate regional office and the mailing address of that office, please click on the following link: Mailing Addresses.

Post-Application Requests and Changes – Updated June 2006

After entering the VCP, you may request additional written opinions on independent remedial action plans or reports. To request such opinions, please submit the following form to Ecology when you submit your plan or report for review:

• VCP Request for Opinion Form (new June 2006)

After entering the VCP, the contact information that you provided Ecology in your application may change. For example, you may need to change your billing address. If such changes are made, please notify Ecology within five business days. You may use the following form to notify Ecology of any such changes:

• VCP Change of Contact Form (new June 2006)

Data Submittal Requirements – Updated June 2006

When submitting any sampling data to Ecology, please submit the data in both a printed form and an electronic form capable of being transferred into Ecology’s data management systems. Please note that any report submitted to Ecology for review under the VCP that does not comply with these data submittal requirements will be considered incomplete by Ecology. For more information and instructions on how to submit sampling data, please click on the following link: Data Submittal Requirements.

Billing System – Updated June 2006

Effective July 1, 2006, Ecology is implementing a NEW automated billing system for the VCP. This new system will apply to both new and ongoing VCP projects. Under this new system, Ecology will not require or accept deposits at the time of application. Instead, Ecology will only bill VCP clients after it has incurred costs. To recover its costs, Ecology will mail itemized invoice statements to VCP clients on a regular, monthly billing cycle.

For a more complete description of the new billing system, please refer to the following documents:

• Announcement VCP Billing System
• Sample Invoice Statement

If you have any questions regarding billing system, please contact the VCP Financial Manager. For contact information, please click the following link: VCP Contact Information.

Opinions on Independent Remedial Actions -- Updated August 2005

Under the Voluntary Cleanup Program (VCP), Ecology provides informal consultative services (technical advice and assistance) to persons who conduct independent remedial actions under the Model Toxics Control Act (MTCA), chapter 70.105D RCW. Those services include conducting reviews of proposed or completed remedial actions and providing written opinions on whether those remedial actions meet the applicable regulatory requirements.

As part of an effort to improve the services provided to clients under the VCP, Ecology has clarified the type of written opinions it will provide and revised the language of the boilerplate opinion letters to improve the clarity and transparency of those letters.

For more information on the type of consultative services and opinions that Ecology will provide under the VCP, please refer to the following Focus Sheet:

• Opinions regarding Independent Remedial Actions (Pub. No. 05-09-049) (new August 2005)

To view the revised boilerplate opinion letters, please click on the appropriate link below. The letters are organized by type.

1. Opinion on Proposed Remedial Action
    
2. Opinion on Remedial Action
    
3. Opinion on Proposed Cleanup Action
    
4. Opinions on Completed Cleanup Actions:

    

   • No Further Action Determination
   • Partial Sufficiency and Further Action Determination
   • Further Action Determination

If you have any questions regarding the boilerplate opinion letters or would like additional information regarding the VCP, please contact Nnamdi Madakor by phone at (360) 407-7244 or by e-mail at nmad461@ecy.wa.gov.

Institutional Controls and Environmental (Restrictive) Covenants – Updated May 2007
 

Institutional controls are controls that prohibit or restrict activities on a property that may interfere with the integrity of a cleanup and ensure the protection of human health and the environment. Except under certain circumstances, such controls must be executed through an environmental covenant on the property. If an environmental covenant is required as part of your cleanup, please use the following boilerplate:

• Model Environmental Covenant    June 25, 2007

Dollars available for VCP cleanups:

• Remedial Action Grants & Loans
  (only available to local governments)
• Brownfields Loan Guide
  (includes loan application)
  • Brownfields Resource Guide Updated October 2005

Information about recovering cleanup costs from others who contributed to contamination:

• Private Right of Action -- Updated December 2002
  • English
  • Korean
• Public Notice/Site Register Contact

Cleanup laws, policies, and other related information:

• Regulations & Related Information
• Policies & Guidance Page
• Hazardous Waste Cleanups – Selecting an Environmental Consulting Firm (1992)
• Hazardous Waste Considerations in Real Estate Transactions (revised September 1999)

Information about tax exemptions for independent cleanups:

• State Tax Incentives for Environmental Remedial Action

Due to budget concerns, the Model Toxics Control Act (MTCA) tax exemptions expired June 30, 2003. Please see the following Dept. of Revenue NOTICE for information on how remedial actions are to be taxed from now on.
• Environmental Remedial Action Sunsets - September 2003

• Substantial Equivalence for Tax Exemptions
-- [document withdrawn, please see Private Right of Action instead.]
• Public Notice/Site Register Contact

• Federal Brownfields Tax Incentive and its modification
  • Contaminated Site Verification Contact
  • EnviroMapper for Brownfields. This U.S. EPA tool combines interactive maps and aerial photography to locate, display and query brownfields grant types by the areas/jurisdictions of city, county, state, and tribe.

Voluntary Cleanup Programs in Other States