Toxics Cleanup > Voluntary Cleanup Program > Other Administrative Options

Other Administrative Options

• Overview
• Independent Cleanup
• Ecology-supervised Cleanup

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Overview

Under the state cleanup law (known as the Model Toxics Control Act or MTCA), you basically 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.

The following table highlights what each option provides and how the options differ:

		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

Each of these options is discussed separately below and in greater detail in WAC 173-340-515 through 173-340-530.

Independent Cleanup

• Eligibility

You may conduct remedial action independently at a hazardous waste site without Ecology approval if Ecology is not:

• Supervising remedial action at the site under an order or decree; or
• Negotiating an order or decree that will govern remedial action at the site.

If Ecology has already commenced negotiations for an order or decree at the hazardous waste site, you may not conduct remedial action independently unless:

• You provide reasonable notice to Ecology.
• Ecology does not object to such action.
• Such action does not foreclose or preempt remedial action under negotiation, or required as part of an order or decree.
• Such action does not foreclose or preempt the selection of a cleanup action.

See WAC 173-340-515(2).

• Without Consultation

Under this option, you perform the cleanup independently without any Ecology involvement, either formal supervision or informal consultations.   However, you cannot get an opinion from Ecology on the sufficiency of your cleanup or settle with the state your liability for that cleanup.

See WAC 173-340-515(1) through (4)

• Consultation – Voluntary Cleanup Program

Under this option, you perform the cleanup independently and request technical assistance and opinions from Ecology on the sufficiency of your cleanup.  Ecology provides these services for a fee.  However, you cannot settle your liability with the state or obtain protection from third party contribution claims.



In summary, under this option:



• Ecology supervises cleanup.
• Ecology makes cleanup decisions.
• Public is involved in cleanup decisions.
• Ecology determines sufficiency of cleanup (opinion letter).
• State provides settlement of liability for cleanup.
• State provides protection from third party contribution claims.
  
  

Note:    = YES, and = NO.

See RCW 70.105D.030(1)(i); WAC 173-340-515(5) and (6). 

Ecology-supervised Cleanup

• Without Settlement – Agreed Order

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.  However, unlike a consent decree, the agreed order does not settle your liability with the state or provide protection from third party contribution claims.

In summary, under this option:






• Ecology supervises cleanup.
• Ecology makes cleanup decisions.
• Public is involved in cleanup decisions.
• Ecology determines sufficiency of cleanup.
• State provides settlement of liability for cleanup.
• State provides protection from third party contribution claims
.
 


Note:    = YES, and = NO.

See WAC 173-340-530.



Settlement – Consent Decree

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

In summary, under this option:




• Ecology supervises cleanup.
• Ecology makes cleanup decisions.
• Public is involved in cleanup decisions.
• Ecology determines sufficiency of cleanup.
• State provides settlement of liability for cleanup.
• State provides protection from third party contribution claims
.



Note:    = YES, and = NO.

See RCW 70.105D.040(4) and (5); WAC 173-340-520.

Note: Consent decrees are also used to settle the potential liability of prospective purchasers prior to their purchase of contaminated property.