Voluntary Oversight Agreement

In the past, the EPO has supported the use of state clean-up programmes and continues to provide grants to set up and improve the programmes. The EPO also provides general implementation guarantees to each state to promote the voluntary assessment and clean-up of sites treated under state supervision. This approach was codified in 2002 as Section 182 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): the Act gives the division the discretion to enter into brownfield agreements. In addition, it is expressly stated that there must be a `benefit in the public interest appropriate to the protection of liability provided for` in the context of the Brownfields Agreement. The Mediation Section (RS) (formerly known as the Site Investigation and Restoration Section (SIRS) welcomes your request for inclusion in the voluntary cleaning program. In the application, you must provide details of previous investigations that were conducted on site. Based on the information provided, the RS determines the eligibility of the website to be cleaned up under the VCP. If it is determined that the site is eligible, you will be required to sign a virtual PC agreement so that the SR can oversee the investigation and clean-up of the site and pay the remediation service supervision fee. As a rule, a deposit is required in advance. You may terminate the Agreement at any time during the investigation and cleaning (subject to certain conditions). All remaining funds from the deposit will be refunded to you at the end of the adjustment or at the time of termination of the contract.

DNREC may also terminate the contract if it is determined that you are not making a good faith effort to clean up the property. The Local Agency Agreement allows local authorities and other government agencies to meet environmental requirements in order to obtain the immunities and protective measures provided for in Section 25403 et al. of the Health and Safety Code for cleaning under the supervision of DTSC. In return, the department undertakes to limit the potential developer`s liability to the acts described in the agreement. This allows the potential developer to go to a credit institution with a defined responsibility, instead of a permanent responsibility for the rehabilitation of the environment. Such agreements encourage the rehabilitation of these wastelands, which reduces the incentive for developers to settle in “Greenfields” areas. While these defined liability benefits are extended to the potential developer, the Brownfields Agreement does not alter the legal liability of site managers. The program centers on the Brownfields deal – in fact, an agreement offered to a potential developer of a Brownfields property. As part of a brownfields agreement, a potential developer commits to implementing the measures deemed essential by the department to make the property suitable for proposed reuse..

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