Introduction to the Voluntary Response
Program
What is the Purpose of the Voluntary Response
Program?
How Does the Program Work?
What Fees are Associated with the Program?
How do I Know if I am Eligible?
How Can I Apply to Participate?
How Can I Get More Information?
Home Depot Iwilei Project
Responding to the need to clean up sites contaminated with hazardous
substances, the Federal Government passed the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) of
1980. This law created what is commonly known as the Superfund Program
because it is supported by a large trust fund established under the
law. In 1989, the State of Hawai‘i passed the Environmental
Response Law (ERL) to establish a similar program at the State level.
These initial programs were designed to clean up the nation's most
serious contamination problems.
Because of the strict liability provisions in these laws, potential
purchasers and developers are understandably reluctant to become
involved with contaminated properties for fear of incurring major
financial liabilities. The result has been that many contaminated
properties are not being used or developed to their fullest
potential.
Federal and State governments throughout the country are working
together to respond to this situation by streamlining the process for
addressing sites with relatively low levels of contamination and, in
some cases, by removing the prospective purchasers and developers from
the strict liability requirements of the original laws. The result of
these efforts in Hawai‘i is the Hawai‘i Voluntary Response
Program (VRP), created on July 7, 1997 by amendments to Hawai‘i's
Environmental Response Law.
VRP Brochure (Word format, 55K)
VRP Guidance Manual (Word format, 34K)
Voluntary Response Program (Aug 2006, Powerpoint format, 391K)
The purpose of the VRP is to streamline the cleanup process in a way
that will encourage prospective developers, lenders, and purchasers to
voluntarily cleanup properties. The VRP facilitates the cleanup process
and, in certain situations, provides relief from the strict liability
provisions of the Federal CERCLA and Hawai‘i ERL. The goals are to
enhance the environment, stimulate socioeconomic improvements, and
allow appropriate development to proceed.
If you are interested in the VRP, the first task is to determine
whether you are eligible to participate and if the property is
appropriate for the program. If eligible, you would submit an
application to the Hawai‘i Department of Health (DOH) providing
certain information needed to evaluate your proposal. If your proposal
is approved, you will be asked to enter into a formal agreement with
DOH. This agreement will specify the scope of work, and the roles and
responsibilities of each party to the agreement.
Once an agreement is reached, the work will be performed as
specified in the scope of work. DOH will oversee the work and when it
is completed, you will receive an official "letter of completion" for
the specific property and contaminants addressed. This letter will
certify that the site has been properly cleaned up and, to the extent
allowed in the law, provide relief from future liability. The
expectation is that the assurances provided in the "letter of
completion" will help facilitate the sale and/or development of the
property.
DOH PP VRP Model Agreement (Apr 2004, Word format, 91K)
Exhibit A Model LOC for PP VRP Agreement (Word format, 29K)
Since the law intends that the program be self-supporting, it
specifies that the participant must reimburse the State of Hawai‘i
for the cost of evaluating proposals and overseeing the work as it is
performed. The initial application must be accompanied by a $1,000
processing fee. If the proposal is approved, you will be asked to
submit $5,000 which will be used to open your site-specific financial
account. As costs are incurred, you will be asked to submit an
additional $5,000 whenever the account balance falls below $1,000. When
the work is completed, any monies remaining in the site-specific
account will be returned.
For a site to be eligible, the primary consideration is that it not
pose a serious threat to the public health or environment. As such, the
site would be considered a relatively low priority for State
involvement outside the VRP. However, by participating in the VRP, you
would be able to have the State oversee the work, assure that the site
is cleaned up to the State's satisfaction, receive an official "letter
of completion", and, potentially, receive an exemption from future
liability. To determine if the Voluntary Response Program can assist
you, and if you are eligible to participate in the Program, there are a
few important things to consider:
- Are you the property owner; or, if not, do you have consent of the
property owner(s)?
- Are you willing and financially able to commit to the investigation
and clean up work?
- Are you willing and able to pay the State fees for overseeing the
work?
- Does the site under consideration meet certain criteria specified
in the law?
In addition, if you are interested in receiving a waiver of future
liability, you must also meet the definition of a "prospective
purchaser" as specified in the law. A "prospective purchaser" as
defined in the law means "a prospective owner, operator, tenant,
developer, lender, or any party who would not otherwise be liable under
section 128D-6 of the Hawai‘i Environmental Response Law, prior to
conducting a voluntary response action". What's more, the prospective
purchaser must obtain final approval to participate in the program
before becoming an owner or operator.
To participate in the VRP, you must first prepare and submit an
application. The application should follow the outline and contain the
information listed below. Within 45 days, you will be notified as to
the adequacy of your application and what, if any, additional
information is needed to complete the application process.
VRP Application Checklist (Word format, 30K)
- Information About the Requesting
Party
- Name of primary contact
- Company or business name (if applicable)
- Mailing address
- Telephone number
- Facsimile number
- Electronic mail address
- Financial commitment and viability
- Reason for pursuing voluntary cleanup
- Information About the Property
Owner(s)
- Name of primary contact
- Business or company name (if applicable)
- Mailing address
- Telephone numbers
- Facsimile numbers
- Electronic mail addresses
- Current Information About the
Property
- Mailing address
- Street or physical location address
- Latitude and longitude
- Tax map key numbers (e.g. block and lot numbers)
- Area of property
- Site map showing property boundaries and adjacent property
uses
- Current property use
- Any restrictions of property rights or uses
- Copies of relevant leases or purchase contracts
- Historic Information About the
Property
- Operational history owners, businesses and uses
- Known or suspected contamination
- Explanation for suspected contamination
- History of hazardous substances
- History of hazardous wastes
- History of underground storage tanks
- Information relating to parties responsible for contamination
- Involvement with other regulatory programs - e.g. permits, orders,
inspection, NOV's
- List of any permits obtained by any facility on the property
- Description of any civil, criminal, or administrative actions
related to the property
- Anticipated or pending litigation
- Other relevant information
- Description of the Intended Scope of
Work
- Description the intended scope of work
- Description of benefits the department will receive or indirect
public benefit
- Future planned use for the property if known
- Description of how the response action will be carried
- Description of Proposed Waiver of Future
Liability, if Requested
- Request for waiver of future liability.
- Expected extent for waiver of liability.
- Basis for waiver of future liability.
- Billing Information
- Exact instructions describing how the department should bill
requestor for oversight costs
- Statement of Financial Viability and
Commitment of Resources to Complete the Work
- Description of the requesting party's financial viability.
- Affirmative statement of intnetion and commitment to complete the
necessary work.
- Consent of Property Owner
- Written consent by the property owner supporting the proposed
voluntary response action
- Any restrictions on property rights or uses to be conveyed to
purchaser.
- Signature of property owner
- Signature of the Requesting
Party
If you would like additional information about the VRP program,
please call (808) 586-4249. Written inquiries and applications should
be sent to:
Voluntary Response Program
Office of Hazard Evaluation and Emergency Response
Hawai‘i State Department of Health
919 Ala Moana Boulevard, Room 206
Honolulu, Hawai‘i 96814
Home Depot U.S.A. Inc. was the first company to participate in the
Voluntary Response Program and has been working with DOH to address
contamination present on the site of its new store on Alakawa Street,
in the Iwilei district of Honolulu. A summary of the project is
available (hmdp-ram.pdf, 102 KB).
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Office of Hazard Evaluation and Emergency Response
Hawai‘i State Department of Health
919 Ala Moana Boulevard, Room 206
Honolulu, Hawai‘i 96814
| Telephone: |
|
(808) 586-4249 |
| From Maui
(toll-free): |
|
984-2400 ext 64249 |
| From Hawai‘i
(toll-free): |
|
974-4000 ext 64249 |
| From Kaua‘i
(toll-free): |
|
274-3141 ext 64249 |
| From Moloka‘i or
Lāna‘i (toll-free): |
|
(800) 468-4644 ext 64249 |
| Fax: |
|
(808) 586-7537 |
| E-mail: |
|
heer@doh.hawaii.gov |
| 24-hour Hotline: |
|
(808) 247-2191 |
|
Web page maintained by Marsha Mealey
Last updated 21 Jun 2007 |
