VPC gets sites cleaned quicker, cheaper

By SHERRIE MINNICK
Department of Ecology

VCP. It's an acronym with a lot of substance behind it. It stands for Voluntary Cleanup Program, and it's the name of a range of services Ecology offers to liable parties to clean up contaminated sites.

Through participating in the program, a contaminated site can be cleaned up quicker and turned back into productive use earlier. VCP also means that cleanup costs may be less than expected. By participating in the program, you can better control cleanup costs since Ecology is in the loop early on, reviewing your sampling plans, workplans and design plans.

The program, which was restructured in October 1997, is made up of three components: Ecology consultations, prepayment agreements, and prospective purchaser agreements.

In deciding which is best for you, there are several issues you should consider; such as time constraints, complexity of contamination, and costs.

Ecology consultations

This service is best for routine cleanups where a cleanup technology is easily identified -- such as a leaking underground storage tank site. In most cases, your cleanup report will be reviewed by Ecology and you'll have an answer about your site within 90 days of receipt of your report. That's it. You don't have to go through a 30-day public comment period as with consent decrees and agreed orders.

So if you contacted Ecology in June for assistance on how to conduct your investigation and cleanup, did the work and sent your cleanup report to Ecology in August, you'd have a site determination by November.

Since October 1997, 211 sites have entered the Voluntary Cleanup Program. Seventy-two sites have received a determination of No Further Action (NFA). Another 122 sites are still in process.

An NFA means that, based on the information provided, Ecology has determined that a release no longer poses a threat to human health or the environment and at the time of the determination, no further remedial action was necessary. Please be aware that an NFA does not settle future liability. If new information is discovered about your site, you may be held liable. That's one advantage of entering into a consent decree -- your liability is settled right then. Nothing can haunt you in the future.

The average cost of an Ecology consultation is $800. A $500 refundable deposit is required, and costs are billed to you at an hourly rate of $50 to $100 (depending on the type of expertise required for your site). The hours of review typical range from two to 44 hours. Once the review has been completed, you will receive a refund or an additional bill, depending on the total cost of your consultation and review. For example, if your report required only four hours of review at $75 an hour, you would receive a refund of $200.

Prepayment agreement

A prepayment agreement is an agreement whereby an individual agrees to pay Ecology in advance for its oversight. It allows Ecology to work on lower priority sites. Because of limited resources, Ecology is generally able to work on only high priority sites (sites that are ranked 1 or 2 on the state's Hazardous Sites List).

Unlike Ecology consultations, prepayment agreements are used on larger, more complex sites. Under this type of agreement, Ecology is responsible for overseeing the activities at the site.

A prepayment agreement can be negotiated in the form of an agreed order or a consent decree. Under an agreed order, the liable party agrees to perform specified remedial activities. Under a consent decree, the liable party may also receive an agreement from Ecology and the Office of the Attorney General that protects them from future liability (a covenant not to sue). A consent decree also protects you from third-party contribution lawsuits.

An agreed-upon amount of money is deposited with Ecology to cover the costs of negotiating the decree or order. The liable party is then billed quarterly to cover Ecology's expenses. Ecology's oversight costs can range anywhere from $2,000 to $5,000 a quarter, depending on the complexity of the site.

On the average, it takes about 49 days to negotiate a consent decree, and less for an agreed order. Both are subject to public review, requiring a 30-day public comment period.

Prospective purchaser consent decree

These agreements are settlements entered into by the state and a person or company that wants to purchase and redevelop contaminated property. A prospective purchaser's liability for the known contamination is settled before the property is purchased. In return, the prospective purchaser provides resources to clean up contamination at the site.

Ace Tank and Equipment Co. recently entered into a prospective purchaser consent decree to clean up and redevelop the former Tacoma Boatbuilding site along the Hylebos Waterway. Tacoma Boatbuilding is bankrupt, so the decree allowed a nonliable party to come in and clean up a site -- a site that otherwise might not be cleaned up right away.

Another example is the Union Station site in Seattle. Union Station Associates, L.L.C entered into a prospective purchaser decree last summer to clean up and redevelop the site. These two sites are examples of what Ecology calls brownfields.

Brownfields are contaminated sites usually located on prime real estate, near utilities, city centers or key waterways. Business owners and developers usually find it cheaper to buy property in rural areas and develop that property rather than buy a piece of urban, contaminated property. However, the cleanup and reuse of Brownfields properties can create jobs, increase the tax base, provide open space, enhance recreational or leisure opportunities, help curb growth pressures, and preserve the remaining "greenfields" (undeveloped property) in communities.

Persons redeveloping brownfields can use any one of the Voluntary Cleanup Program services and may qualify for special state or federal incentives, such as tax programs or financial assistance. Brownfields grants are available to local governments. Ecology is committed to focusing resources to brownfields issues because of the public benefit associated with moving the properties back into productive use.

The Voluntary Cleanup Program allows Ecology to provide assistance on sites that have a low environmental priority to the agency but are a high priority to the property owner to be cleaned up.

Since most contaminated sites in Washington state are being cleaned up independently, it is a win-win program. A win to Ecology and the community, because Ecology is involved in the cleanup actions. A win to the property owner, because they are getting the help they need to resolve their environmental problems.

For more information about the Voluntary Cleanup Program, please call Ecology's Information Line at 1-800-826-7716.

Copyright © 1998 Seattle Daily Journal of Commerce.