Toxics Cleanup > Voluntary Cleanup Program > Should I join the VCP?

Should I Join the VCP?

This page explains your options under the law and helps you decide whether the VCP is the best option for you.
 

What options do I have?

Under the state cleanup law (known as the Model Toxics Control Act or MTCA), you have four options for cleaning up a hazardous waste site:

1. Independent cleanup without consultation.



Under this option, you perform the cleanup independently without any Ecology involvement, either formal supervision or informal consultations. 

2. Independent cleanup with consultation (VCP)
. <- THIS OPTION


Under this option, you perform the cleanup independently and request technical assistance and opinions from Ecology on the sufficiency of your cleanup.  This option is known as the Voluntary Cleanup Program or VCP.

3. Ecology-supervised cleanup without settlement.
   

   Under this option, your cleanup is supervised by Ecology under an agreed order.  That means schedules are negotiated with Ecology and plans are subject to public review and Ecology approval.

4. Ecology-supervised cleanup with settlement.
   

   Under this option, your cleanup is supervised by Ecology under a consent decree.  That means, as under the previous option, schedules are negotiated with Ecology and plans are subject to public review and Ecology approval.  Unlike the previous option, though, the decree settles your liability to the state and provides protection from third-party contribution claims.

		Opinion on Cleanup from Ecology	Supervision of Cleanup by Ecology	Public Involvement	Settlement of Liability with State	Contribution Protection from State
1.	Independent without Consultation	No	No	No	No	No
2.	Independent with Consultation	Yes	No	No	No	No
3.	Ecology-supervised without settlement	Yes	Yes	Yes	No	No
4.	Ecology-supervised with settlement	Yes	Yes	Yes	Yes	Yes

For additional explanation, please refer to the following web page: Administrative Options.  See also WAC 173-340-510.

Am I eligible to join the VCP?

You are eligible to conduct remedial actions independently and join the VCP unless:

1. Ecology is supervising remedial action at the hazardous waste site under an order or decree; or

2. Ecology is negotiating an order or decree that will govern remedial action at the hazardous waste site.

If Ecology has already commenced negotiations, then you may not conduct remedial action independently and join the VCP unless:

1. You provide reasonable notice to Ecology.
   
   
2. Ecology does not object to your remedial action.
   
   
3. Your remedial action does not foreclose or preempt remedial action that is under negotiation or that is required as part of an order or decree.
   
   
4. Your remedial action does not foreclose or preempt the selection of a cleanup action.

Eligiblity does not guarantee entry into the VCP.

See WAC 173-340-515(2).

Should I join the VCP?

The answer to this question is site-specific and depends on several factors.  Before deciding to join, consider the following benefits and limitations of the VCP.  And if you have any questions or want help deciding how to proceed, please do no not hesitate to contact Ecology before applying.

Benefits

1. Control and flexibility.




Unlike cleanups conducted under Ecology-supervised supervision, you control:

• The scope of your cleanup.


You determine the scope of the cleanup, not Ecology.  This may be important if you intend to clean up only a portion of the site.


• The schedule of your cleanup.
  
  
You determine the schedule of the cleanup, not Ecology.  This may be important if you intend to sell selling or redevelop contaminated property.
 

• The nature and extent of Ecology's involvement, and therefore your costs.


Under the VCP, you determine the nature and extent of Ecology's involvement.  By controlling Ecology’s involvement, you also control your costs. 

For example, you determine whether to request opinions throughout the cleanup process or only when the cleanup has been completed.


2. Opinion on cleanup.


Unlike cleanups conducted strictly independently, you can obtain opinions from Ecology on the sufficiency of your cleanup. 
 
Such opinions may facilitate various property transactions.   For example, the opinions may help you sell or redevelop your property or obtain loans where your property is used as collateral.  The benefit of such opinions is derived from Ecology's role as:


• Regulatory agency.


As the agency charged with enforcing the state cleanup law, Ecology can provide an opinion that is authoritative and meaningful.

For example, a lending institution may ask that you obtain a No Further Action (NFA) opinion from Ecology before providing you a loan where the contaminated property is used as collateral.


• Neutral third party.


As the agency charged with protecting human health and the environment, Ecology can provide an opinion that is objective and impartial.

For example, both a buyer and seller can agree to defer to Ecology’s opinion on whether further action is necessary at the hazardous waste site.

Limitations

1. Opinion does not settle liability with the state.
   
   

   Liable persons are strictly liable, jointly and severally, for all remedial action costs and for all natural resource damages resulting from the release or releases of hazardous substances at the Site.  An opinion does not:

   • Change the boundaries of the Site.
   • Resolve or alter a person’s liability to the state.
   • Protect liable persons from contribution claims by third parties.
     
   
   

   To settle liability with the state and obtain protection from contribution claims, a person must enter into a consent decree with Ecology under RCW 70.105D.040(4).

2. Opinion does not determine substantial equivalence.
   
   

   An opinion does not determine whether the independent remedial action performed at the Site is the substantial equivalent of an Ecology-conducted or Ecology-supervised remedial action.  Such determinations are made by a court.  See RCW 70.105D.080.

3. Program not designed for larger, more complex hazardous waste sites.
   
   

   The VCP is designed for the vast majority of hazardous waste sites, which are smaller and less complex.  Larger, more complex sites should be cleaned up under Ecology supervision.

   In particular, you should consider other options with Ecology if the hazardous waste site:

   • Poses a significant threat to human health and the environment.
   • Involves multiple releases which have commingled.
   • Affects media other than soil or ground water.
   • Affects multiple parcels of real property.
   • Affects significant public interests.
     
     

   Again, if you have any questions or want help deciding how to proceed, please do not hesitate to contact Ecology before applying.

May I request a free consultation before joining the VCP?

YES. You may request a free consultation before joining the VCP. In fact, we encourage you to talk to us before applying. We can discuss your different options and help you decide whether the VCP is the best option for you.

Depending on your experience and interest, we can also discuss:

• The cleanup law.
• The definition of the site.
• The scope of your cleanup project.
• The cleanup process.
• The cleanup requirements.
• The reporting requirements.

However, we will not provide site-specific technical assistance during the free consultation. To obtain such assistance, you must enter the VCP.

The free consultation is usually limited to one hour.

Who should I contact at Ecology to request a free consultation?

You should contact the VCP Unit Manager in the region where the hazardous waste site is located. For contact information, go to the following VCP web page: Contacts.