* Covers known, dis-closed, and documented contamination at the time of VCA execu-tion (or disc-overed in the course of conducting the VCA work plan). 

*Runs with the land (is transferable to successors and assigns who are not PRPs)

* Covers NRD for non-PRPs

* Non-RPs are generally only respon-sible for on-site contami-nation, but the release they receive covers both onsite and offsite cont-amination  (other than petroleum spills).

*A separate release for oil spill response costs must be obtained from the A.G. and the Compt-roller.

* Provides no contribution protection.

* Does not bind the State, EPA, or third parties.

*The Bond Act protects parties and non-PRP successors and lenders, fiduciaries, and trustees from  state action and some third-party action.  The State will also indem-nify non-PRP parties for any judgment for money damages based on common law and arising from past contamination.

* “Inculpable person” (did not cause or contribute to contamination) is not liable for existing contamination at eligible properties. The “Inculpable Person status letter,” issued upon acceptance into the VCP, essen-tially removes the purchaser from liability for past contami-nation and does so earlier than most state programs.

*The Response Action Approval letter will state that No Further Action (NFA) will be required to accomplish the objectives set forth in the Response Action Plan and that the parti-cipant will receive a Certificate of Completion (CoC) if the RAP is carried out.  (Provides interim assurance.)

* CoC includes both MDE’s commitment not to sue and protection against potential claims by other RPs (contri-bution protect-ion)

* A No Further Requirements notice / letter can be obtained after a simplified process if the applicant satisfies MDE that no contam-ination is present that exceeds appli-cable stds., or otherwise that the property presents no risk to public health or the environ-ment.

* Both the Response Action Plan Approval Letter and the CoC are transferable to future owners and operators —as long as they did not cause or contribute to the contamination.

*No Further Requirements notices, while not expressly transferable, will continue to provide an official indi-cation of the property’s condition at the time the notice was issued.

Covers:

* Claims by the Cwlth. for response action costs and NRD

* Third-party claims for contribution, response action costs, and property damage under c. 21E and property damage under common law

*Protection extends to subsequent owners who maintain the site’s permanent clean status or ongoing cleanup remedy

*Eligible person who transfers the property before completion of cleanup is protected once a subsequent eligible person achieves a permanent solution or remedy operating status—as long as he complied fully with c. 21E when he owned or operated the site.

* Original owner or operator is protected if a subsequent owner violates an AUL*

* Contribution protection is expanded to cover any person who had an opportunity to comment on the settlement agreement.

* Brownfields Covenants Not to Sue are available to parties who redevelop contaminated properties where the project contributes to the economic or physical revitalization of the community.  But must comply with the same tiered cleanup standards as non-PRPs.

* A person who is not responsible for a release who becomes an owner or operator of a “facility” after 6/5/95 is not considered liable for site contamination if he performs a baseline environmental assessment (BEA) at least 45 days before occupancy (provided the results are disclosed to all subse-quent owners or occu-pants).  With-in 6 mos. after comple-tion of the BEA, the owner/operator may seek a written deter-mination of BEA adequ-acy from MDEQ.  Such a determi-nation does not provide any greater liability protection, but it may provide an opportunity to cure any defects in the BEA. 

* The liability protection gained by filing a BEA shields the preparer from statutory and common law liability for response costs.

* Volunteer enters into an MOA with DEP to establish the remediation scope and schedule.  Upon satis-factory completion of the cleanup, DEP will issue an NFA letter and CNTS.

* Developers in qualified municipalities who did not cause past contamination if they clean up in accord-ance with DEP regula-tions.

* Prospec-tive purch-asers.

* Innocent purchasers (1993)

* Presump-tive remedies (e.g. for historic fill) don’t require prior DEP approval as long as they comply with the Technical Regulations.

* Cleanup volunteers are released from liability to DEP and receive contribution protection by operation of law, upon following the prescribed VCP procedures for each level of cleanup.  No separate Covenants-Not-to-Sue or No Further Action letters are provided or necessary.

* If the volunteer elects to clean up to the Background or Statewide Health Std. Level, it files a Notice of Intent to Remediate (NIR) with DEP and with the local government.  Upon completion of the RAP, a final report is sent to DEP.  If a response is not received within 60 days, the cleanup is deemed to have been approved.

* If the volunteer selects a site-specific remedi-ation, it must perform a risk assessment to determine the required cleanup level and to prepare a RAP, which must be submitted to DEP for approval (and to the local gov’t for review).  If DEP fails to provide a defic-iency notice w/i 90 days of receiving the final remedial action report, the cleanup will be deemed to have been approved.

* For Special Industrial Areas (for which only non-PRPs can volunteer), a baseline reme-diation investi-gation must be performed to identify existing contamination, propose remedial measures, and specify the public benefits that will result from rede-velopment or re-use.  The volun-teer will submit an NIR to DEP and the local government.  After the 30-day comment period, DEP has 90 days to determine if the report adequ-ately identifies the site’s risks.  If DEP does not issue a deficiency notice within this timeframe, the volunteer can enter into a rem-ediation and sub-mit a final report to DEP.  If the agency does not notify the volun-teer of a defici-ency within 90 days, the cleanup is deemed approved.