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Voluntary Action Program – A Primer Amy Yersavich State and Federal Resources to Redevelop Blighted Properties Lake County November 12, 2010.

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Presentation on theme: "Voluntary Action Program – A Primer Amy Yersavich State and Federal Resources to Redevelop Blighted Properties Lake County November 12, 2010."— Presentation transcript:

1 Voluntary Action Program – A Primer Amy Yersavich State and Federal Resources to Redevelop Blighted Properties Lake County November 12, 2010

2 How the VAP came to be… Senate Bill 221 – implementing legislation became effective September 1994 Ohio Revised Code (ORC) Chapter VAP Statute Ohio Administrative Code (OAC) Chapter – aka “the VAP Rules”, adopted December 1996, revised in 2002 and 2009

3 Firsts for Ohio VAP created cleanup standards Cleanup standards for surface soils (residential, commercial/industrial and construction) and potable use ground water. Cleanup standards for surface soils (residential, commercial/industrial and construction) and potable use ground water. A promise from the State of Ohio that the property will not need further investigation or clean up

4 Voluntary Action Program VAP is voluntary program, no Ohio EPA oversight required until volunteer requests a covenant not to sue (CNS). Volunteer can ask for technical assistance from the Agency at any point during the investigation and cleanup. (FYI - MOA-Track VAP does require oversite by Ohio EPA)

5 Voluntary Action Program Technical assistance can be provided by the VAP when requested and is designed to a help guide the CP and volunteer through the voluntary cleanup process, especially when dealing with complex site issues. VAP’s Technical assistance program works very similar to a consulting firm (agreement/contract and hourly billing). Grant-funded technical assistance is also available to public entities and not-for-profits.

6 Voluntary Action Program A “volunteer” is defined as the person(s) who wishes to clean up and redevelop a contaminated property. A volunteer may be….  Owner of the Property  Interested purchaser (developer)  Public entity (city, township)  Responsible Party  Others (lessees, etc.)

7 Voluntary Action Program The VAP is considered a privatized voluntary cleanup program. It works by the Program certifying environmental professionals and laboratories to conduct work related to the cleanup of VAP properties. These professionals and laboratories must meet stringent experience, educational and quality requirements to be certified which, in turn, helps ensure that quality voluntary cleanup work is performed from the start.

8 No Further Action Letter (NFA) All documents that demonstrate the Property has been (or will be) cleaned up which are submitted to Ohio EPA: Property Description, Eligibility for program Property Description, Eligibility for program Phase I & II Property Assessments Phase I & II Property Assessments Risk Assessment Report Risk Assessment Report Operation and Maintenance Plans (if needed) Operation and Maintenance Plans (if needed) Environmental Covenant (Deed Restriction) Environmental Covenant (Deed Restriction)

9 CNS The CNS is issued to the Volunteer and protects them from future Ohio EPA enforcement for the releases described and addressed in the NFA. The CNS is recorded in the same manner as a deed to property. Transferable to Future Property Owners

10 Ohio EPA’s Environmental Insurance Program (EIP)

11 Environmental Insurance Addresses potential or unexpected risks that may be encountered when remediating a Property; as well as bodily injury, property damage and liability;Addresses potential or unexpected risks that may be encountered when remediating a Property; as well as bodily injury, property damage and liability; Good non-capital source to demonstrate financial standing for loans; understood well by lenders and is valuable to developers for indemnity;Good non-capital source to demonstrate financial standing for loans; understood well by lenders and is valuable to developers for indemnity; Counts toward match requirements for some grant programs.Counts toward match requirements for some grant programs. For more information about Ohio EPA’s Environmental Insurance Program go to: gedesign.pdfFor more information about Ohio EPA’s Environmental Insurance Program go to: gedesign.pdf gedesign.pdf gedesign.pdf

12 Environmental Insurance Subsidy Pilot Project $35,000 worth of subsidies available to local units of government who choose to purchase environmental insurance through Ohio EPA’s Environmental Insurance Program (EIP). Plan to provide approximately $10,000 - $15,000 subsidy for each project. For more information about Environmental Insurance Program subsidies, contact Amy Yersavich at (614) or

13 QUESTIONS???


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