Section 20-6213. VOLUNTARY REMEDIATION ACTION PROGRAM (VRAP)

 

6213.1The Director may permit a person, other than an owner, operator or responsible party to remediate leaking underground storage tanks (LUST) facilities or sites in accordance with the provisions of this Subtitle provided that the person:

 

(a)Intends to develop a LUST facility or site for personal or business reasons;

 

(b)Intends to conduct a phased investigation of a LUST facility or site conditions prior to acquisition or development of a LUST facility or site; or

 

(c)Is a neighboring property owner who is unable to obtain relief from the responsible party.

 

6213.2Persons who wish to voluntarily remediate LUST facilities or sites shall submit an application to the Director that contains the following information:

 

(a)Proof that the applicant satisfies § 6213.1(a), (b) or (c);

 

(b)A statement of interest in undertaking corrective action at a facility or site;

 

(c)Agreement to follow any directives issued by, or agreements reached with, the Director pertaining to preliminary investigation prior to remediation; remediation of the facility or site; and to be liable for satisfactorily completing all corrective actions pursuant to the applicable provisions of Chapters 61 and 62;

 

(d)Financial responsibility to satisfactorily complete the remediation; and

 

(e)A copy of a written access agreement or any other agreement, which permits access to the facility, site or the property.

 

6213.3Upon receiving a Voluntary Remediation Action Request, the Director shall evaluate the request and may, in his or her discretion, approve or deny the request. If approved, the Director shall issue a "Voluntary Remediation Action Program Letter" which shall authorize the Voluntary Remediating Party (VRP) to begin the remediation process.

 

6213.4The Voluntary Remediating Party, may at his or her discretion, enter into an agreement to release the responsible party(ies) from liability. A Voluntary Remediating Party who wishes to assume responsible party status shall submit a Responsible Party Transfer Request to the Director. A release granted to a responsible party shall provide that the release may be voided by the Director under the following circumstances:

 

(a)The responsible party or the Voluntary Remediating Party submitted false or misleading information to the Director in the Responsible Party Transfer Request;

 

(b)The Voluntary Remediating Party fails to complete the agreed upon corrective action and the Department or the United States Environmental Protection Agency expends funds to remediate the facility or site.

 

6213.5A Voluntary Remediating Party shall be liable for all work performed at the facility or site and shall only be required to perform the work agreed upon with the Director.

 

6213.6A Voluntary Remediating Party (VRP), as described in §§ 6213.2(b) or (c), other than a VRP who has released the original responsible party and assumed Responsible Party status in accordance with § 6213.4, may cease corrective action activities at the facility or site prior to complete remediation of the facility or site and incur no liability, other than liability pursuant to § 6213.5 provided the Voluntary Remediating Party:

 

(a)Has not aggravated the site conditions or increased the costs of subsequent corrective action;

 

(b)Gives written notice to the Director of the Voluntary Remediating Party's intention to cease activities at the facility or site; and

 

(c)Stabilizes the facility or site by properly backfilling any excavations, properly securing or abandoning any monitoring wells; and takes any other actions required to secure the facility or site as determined by the Director.

 

6213.7After completing remediation in accordance with the requirements of Chapter 62 a Voluntary Remediating Party may submit a written request for a no-further-action or a case closure letter as set forth in § 6211. Upon the Director's approval, a Case Closure or a No-Further-Action letter, as appropriate, shall be issued to the responsible party with a copy to the Voluntary Remediating Party or to a Voluntary Remediating Party who has assumed responsible party status.

 

6213.8The Director may issue the following types of letters under the circumstances described in this section:

 

(a)A "Responsible Party Transfer Letter" which shall authorize a Voluntary Remediating Party to take corrective action in place of the responsible party and, at the request of the Voluntary Remediating Party, may release the responsible party from liability subject to the conditions in subsection 6213.5.

 

(b)An "Innocent Neighboring Property Owner Letter" informing an innocent neighboring property owner that he or she may proceed to take corrective action under the direction of the Department without incurring responsible party liability.

 

(c)A "Site Condition Letter" that informs an interested party of the present regulatory status of a particular LUST site or a neighboring property.

 

(d)A "No Further Action" or a "Case Closure Letter" upon compliance with the requirements of § 6211.

 

6213.9The Director may rescind any letter that is obtained through fraud or misrepresentation.

 

source

Final Rulemaking published at 40 DCR 7835, 7896 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999).