Voluntary Cleanup Unit
Deanna Ross, P. G., Unit Manager
Phone: (785) 296-8064 Fax: (785)-296-7030 or (785)-296-1686
1000 SW Jackson, Suite 410
Topeka, KS 66612-1367
The Voluntary Cleanup Unit provides oversight and approval of investigations and remedial actions through the Voluntary Cleanup and Property Redevelopment Program (VCPRP) and the Environmental Use Control (EUC) Program.
Voluntary Cleanup and Property Redevelopment Program
Under the VCPRP, developers and buyers who perform successful cleanups of contaminated properties that are within established criteria will be granted a "No Further Action" determination by the department, satisfying the regulated community's need for protection from potential future liabilities. Adjacent property owners who did not contribute to the contamination could alsoreceive protection from the department through such determinations.
A streamlined process is utilized to address these sites in an expeditious manner to encourage the redevelopment or enhancement of such properties and to discourage the use of pristine land in the State instead of established commercial and industrial tracts. This program is voluntary and is designed to allow industry and businesses to bring forth sites that need attention so their properties are appropriately addressed in a timely manner through a local/state partnership.
- Voluntary Cleanup and Property Redevelopment Program Manual (.pdf)
- Voluntary Cleanup and Property Redevelopment Application Form (.pdf)
- Memorandum Of Agreement between KDHE and USEPA, Region VII (.pdf)
- (K.S.A. 65-34,161 to 65-34,174) Voluntary Cleanup and Property Redevelopment Statutes (.pdf)
- (K.A.R. 28-71-1 to 28-71-12) Voluntary Cleanup and Property Redevelopment Regulations (.pdf)
Environmental Use Control Program
Environmental Use Controls are more commonly known as institutional controls, which are legal controls intended to restrict or prohibit human activities and property use in such a way as to prevent or reduce exposures to contamination. Some examples of environmental use controls include: preventing disturbance of soil caps, covers, berms, etc.; prohibiting the drilling of water wells for domestic or other purposes; restricting and providing notification during utility excavation of an area; restricting use of a property for residential purposes; and restricting access to the property.
The Environmental Use Control Act became state law on July 1, 2003, with regulations becoming effective on April 7, 2006. The regulations were amended January 30, 2009, to expand the program by redefining “eligible property” in K.A.R. 28-73-1(c) to include properties defined as “hazardous waste facilities” by K.S.A. 65-3430(f). This amendment provides more flexibility in addressing contaminated properties, including expedited remediation, less expense to the property owners, and increased protection of human health and the environment through the use of voluntary land use restrictions.
- Environmental Use Controls – BER Interactive Map
- Environmental Use Controls - Fact Sheet (.pdf)
- Application Package (.pdf)
- Application Package Form (.pdf)
- Procedures for Demonstrating Financial Assurance at Property with Environmental Use Controls (.pdf)
- Evaluation of Existing Institutional Controls Report (.pdf)
- Environmental Use Control Regulations (.pdf)
- Environmental Use Control Statutes (.pdf)