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In 1997, the Utah Voluntary Cleanup Program (VCP) was created to promote the voluntary cleanup of contaminated sites. The VCP is intended to encourage redevelopment of Brownfields and other impacted sites by providing a streamlined cleanup program.
A Brownfields site means real property, the expansion, redevelopment or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant or contaminant, controlled substance or petroleum product. A Brownfields site may also be mine scarred land.
The Department of Environmental Quality (DEQ) is able to assist local governments or other qualified parties with application for Federal Brownfields Grants. The DEQ can also provide technical assistance for projects involving environmental issues.
The DEQ conducts Targeted Brownfields Assessments (TBA) for qualified communities, local governments or non-profit groups. TBA's are conducted at no charge to the applicant and the assessments can provide useful information for decision-making and redevelopment planning (such as the need for No Further Action, additional assessment and/or cleanup). A TBA may establish the groundwork for a potential voluntary cleanup, if necessary.
The Hazardous Substance Mitigation Act was amended in 2005 to expressly allow the Executive Director to issue Enforceable Written Assurances to bona fide prospective purchasers, contiguous property owners, and innocent landowners. These terms are defined by the federal Comprehensive Environmental Response, Compensation, and Liability Act and incorporated in the Hazardous Substances Mitigation Act. The DEQ will not bring an enforcement action under the Hazardous Substances Mitigation Act against the holder of an Enforceable Written Assurance, provided the holder continues to satisfy the ongoing obligations associated with the written assurance.
The requirements for an Enforceable Written Assurance are outlined in R311-600. There is an application fee. The completed application and fee may be submitted to the Brownfields/VCP Program Coordinator.
Environmental covenants, whether called institutional controls, land use controls or some other term, may be considered as part of the environmental remediation process for contaminated real property.
International City/County Management Association
National Association of Local Government Environmental Professionals
For further information on VCP, Brownfields or Enforceable Written Assurances, to setup a pre-application meeting, or to submit an application please contact the Division of Environmental Response and Remediation VCP/Brownfields Program Coordinator at (801) 536-4100.
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