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Kenneth S. Kamlet, 405 Colgate Street, Vestal, NY 13850-2813.

How Does New York State’s Voluntary Cleanup Program (VCP) Compare to Those of Other States?

© 2002 by Kenneth S. Kamlet (1/23/02)

STATE

ELIGIBILITY

CRITERIA

STANDARDS

INSTI-TUTIONAL

CONTROLS

LIABILITY/

FINALITY

FINANCIAL

INCENTIVES

CONSUL-TANT

SIGN-OFF

SOURCE OF

AUTHORITY

ISSUES/

PROBLEMS/

SUCCESSES

NY

(1994)

-BF program:

local govts. only

-Petroleum, asbestos, PCBs OK;

- Pb paint NO

-VCP: petroleum,

Asbestos, Pb paint, PCBs OK.

-Excludes Class 1 Registry sites, NPL sites, and most TSDFs

-PRPs excluded on Class 2 Registry Sites, petroleum sites, and sites where owners are subject to a cleanup or enforcement action.

-BF program: no formal risk-

based (RBCA)

program.

-VCP has a RBCA-like process. 

-SCGs from

State Superfund

and other pro-grams are

applied.

-Acceptable cleanup is determined by present or intended use of the property.

-Risk goal is set at 10^-6.

Allowed (in both programs) if protective of

public health and the environment.  -Sometimes required in

addition to engineering and other controls.

-No lender or

municipal

liability exclu-

sions. 

-Assignable liability release (ALR) and covenant

not to sue

(CNTS).  Only

 binds DEC.

-BF program (1996) gives liability release and CNTs to municipalities and non-PRP successors (incl. future owners, lenders, or lessees)

-Available only to

municipalities

under Clean

Water/Clean Air

Bond Act.

-Clean Water State RLF

-Empire Zones

-Build Now-NY pilot program

-One of only 3 states (along with MO and TX) that have narrow BF programs that are limited to properties owned by local governments.

-Requires certifica-

tion by NYS

registered professional engineer.

-Admini-strative VCP

-1986 Environ-mental Quality Bond Act

-1996 Clean Water/Clean Air Bond Act (Art. 56) sets up environ-mental restoration (BF) project state assistance program

-VCP estab-lished by Organization and Delegation Memo 94-32.

-A TAGM for BF sites was issued in Dec. 1997.

-Jan. 1990 regs. for the provision of financial assistance to municipal-ities under the BF program.

-No statute or

regulations for VCP. 

-No growth in annual sign-ups;

significant decline in annual completions.

-No authority for

municipalities to

forgive property

tax liens. 

-BF program: 85 sites entered, 14 have completed.

VCP: 259 entered, 83 completed.

-One of 6 states (along with AR, CT, DE, IL, and MI) that have identified >100 BFs thru their program.

-One of 4 states (with MI, DE, and MT) with >10 commitments for  BF redevelopment.