**New Jersey**

> **General Information**
>
> **Contact:** Kenneth J. Kloo
>
> **Address:** New Jersey Department of Environmental\
> Protection (NJDEP)
>
> Brownfield Remediation & Reuse Element\
> 401 East State Street, 6th Floor\
> P.O. Box 028\
> Trenton, NJ 08625-0028
>
> **Phone:** 609 292 1251
>
> **Fax:** 609 777 1914
>
> **Email:** Ken.Kloo@dep.state.nj.us
>
> **Web site:** *http://www.state.nj.us/dep/srp/brownfields/*

***Program Description\
(VCP, brownfields, or related)***

**Brownfields definition:** New Jersey defines a brownfield as any
former or current commercial or industrial site that is currently vacant
or underutilized and on which there has been, or there is suspected to
have been, a discharge of a contaminant.

**Program titles:** The following statutes govern the various cases that
the Site Remediation Program Voluntary Cleanup Program (VCP) sets. Sites
not considered priority sites are eligible to participate in the
Voluntary Cleanup Program if not subject to one of the regulatory
programs or party to an administrative or enforcement order.

• Brownfields and Contaminated Site Remediation Act ("Brownfield Act")

• Spill Compensation and Control Act ("Spill Act")

• Industrial Site Recovery Act ("ISRA")

• Underground Storage Tank Act (\"UST\")

• Solid Waste Management Act

**Liability relief provisions:**

• Program offers No Further Action (NFA) determination with a Covenant
Not to Sue (CNTS), providing third party liability protection to any
person who is not liable for cleanup and removal costs pursuant to the
Spill Act. \"Parties in any way responsible\" can participate in the VCP
but may not benefit from the CNTS. Subsequent landowners may be eligible
for CNTS protection. The Spill Act also contains an innocent purchaser
defense, for parties that acquire known contaminated sites. Prospective
purchaser agreements are also available.

• Brownfield developers that meet the innocent purchaser defense
requirements under the Spill Act are exempt from Natural Resources
Damages (NRD) and claims for damages or compensatory restoration.

**Financial incentives (grants, loans, tax provisions, etc.):**

• Hazardous Discharge Site Remediation Fund

• Environmental Infrastructure Trust

• Brownfield Reimbursement Fund

• Brownfield Redevelopment Loans

**Legislative or program site eligibility requirements:** Participation
in the VCP is available to all parties that are not subject to a
regulatory program (i.e., ISRA, UST), a publicly funded action, or under
an enforcement action or court order.

***Financial Elements***

**Assessment and cleanup funding (source, amount, relationship to
VCP/brownfields programs, application process, eligibility requirements,
dedication to special types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):**

• Hazardous Discharge Site Remediation Fund---Administered jointly by
NJDEP and NJ Economic Development Authority, provides grants and
low-interest loans to municipalities, nonprofits, and private parties.

> Municipal awards are capped at \$3 million annually (with an
> additional \$2 million for sites in designed Brownfield Development
> Areas (BDAs)).

-   100% grants for investigation.

-   75% grants for remedial action (for conservation/recreation end
    use).

-   25% grants for remedial action for unrestricted use remedy or use of
    innovative remedial technology.

Nonprofit awards under a pilot program (total program funding of \$5
million).

-   100% grants for investigation.

> Private entities awards are capped at \$1 million. A nonprofit can
> also apply as a private entity.

-   25% grants for remedial action for unrestricted use remedy or
    innovative technology remedy.

-   50% grants for remedial action when meeting the specific definition
    of "qualifying innocent purchaser" in the funding statute.

-   Low interest loans for investigation and remedial action.

• NJ Environmental Infrastructure Trust---provides low-interest loans to
government agencies for brownfields activities that are linked to
improving water quality.

**Tax incentives (abatements, credits, etc.):**

• Brownfield Reimbursement Program administered by the NJ Division of
Taxation and the NJ Commerce Commission. Reimburses for up to 75% of
remediation costs based on specific new taxes that are generated from a
redevelopment project. Most significant taxes eligible for reimbursement
include, the Sales and Use Tax (on retail establishments), the sales tax
paid on remediation activities and on construction materials, and the
Corporate Business Tax generated at the site**.**

• Environmental Opportunity Zones, designated by municipal ordinance,
allows for an incremental tax abatements on real property (to offset
cleanup costs) for up to 15 years.

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.):**

• NJDEP's Brownfield Development Area (BDA) program works with selected
communities impacted by multiple brownfield sites to implement
remediation and reuse plans in a coordinated fashion. Under this
designation, all brownfield sites within a BDA will be assigned to a
single case manager, who will coordinate with partnering state agencies
to direct targeted technical and financial assistance to stimulate
reuse. The plans will be developed under the direction of a local
steering committee with support from NJDEP advisors.

***Program Elements***

***Technical Elements***

**Methods/standards/controls:**

• State allows three cleanup levels: 1) unrestricted use remedial
actions; 2) limited restricted use remedial actions (institutional
controls only); and 3) restricted use remedial actions (engineering and
institutional controls). Natural attenuation allowed in some
circumstances when combined with a Classification Exception Area (CEA)
institutional control. Contamination source must be removed.

• The state has statutory cleanup provisions with risk based goals, and
also uses water quality criteria, Maximum Contamination Level (MCLs) and
Maximum Contaminant Level Goal (MCLGs), background levels, risk
assessment. State is currently promulgating soil cleanup standards. The
risk level set by the statute is 10--6 for carcinogens, and a Hazard
Index of 1 or less for non-carcinogens. For soil cleanup, the state may
use the standards or determine case-specific levels by risk assessment.
If the standards are determined to be below background levels, then the
cleanup level is background. For sites where cleanup is based on
restricted land uses, site specific deed notices must be recorded. The
same standards are used for all cleanups, including voluntary cleanups
and brownfields sites.

• Under the Cleanup Star Program, NJDEP pre-qualifies environmental
consultants meeting rigorous education, experience, and professional
requirements as "Cleanup Stars." These "Cleanup Stars" are permitted to
investigate and remediate certain low-priority sites and areas of
concern with limited NJDEP oversight, excluding ground water
contamination. NJDEP will strictly audit Cleanup Stars' work to ensure
regulatory compliance and protection of public health and the
environment. The Cleanup Star Program is designed to achieve three main
goals: 1) increase the quality of the environmental consulting
profession; 2) facilitate remediation of low-risk sites; and 3) allow
NJDEP case managers to devote more resources to high priority cases.

• Unregulated Heating Oil Tank Program -- NJDEP will pre-qualify
environmental professionals holding a valid New Jersey Underground
Storage Tank (UST) Certification in Subsurface Evaluation and employed
by a firm holding the same certification to investigate and remediate
Unregulated Heating Oil Tanks with limited NJDEP oversight.

**Contaminants covered/excluded:** All hazardous substances on adopted
list pursuant to Section 4 of P.L. 1983, c. 315 (NJSA 34:5A-4),
including petroleum. In addition, the list of hazardous substance and
toxics adopted by EPA respectively, pursuant to Section 311 and 307 of
the Water Pollution Control Act; and the list of hazardous substances
opted by EPA pursuant to Section 101 of CERCLA. Sewage and sewage sludge
are not included in the definition of hazardous substances pursuant to
the Spill Act.

**Use of long-term stewardship and institutional controls
(IC): **Institutional and engineering controls for soils and ground
water are acceptable remedies when they meet the risk-based requirements
of the regulations. Biennial certification is required to report on the
status of the controls' effectiveness state inspection is required every
five years.

> **IC Tracking:** NJDEP has an oversight program that tracks those
> cases that have used engineering and institutional controls to ensure
> that inspection and reporting obligations meeting the biennial
> certifications are submitted. A report of those cases that have not
> submitted a biennial certification is available at
> http://www.nj.gov/dep/opra/online.html in the NJ DEP's Data Miner
> Database.
>
> **IC Oversight and Monitoring:** NJDEP reviews all biennial
> certifications to ensure that the remedy is still protective. Any
> integrity issues with a remedy must be addressed by the party
> responsible for maintaining the control. In addition, any person that
> fails to submit a biennial certification may be subject to penalties.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA:** No

**Costs to enter program or fees for service:** Oversight fees charged
based on 1) fixed fees for certain activities and programs, or 2)
calculated fees based on hourly rate. Billing based on staff time spent
includes the staffs' direct salary and overhead, excluding its indirect
costs for homeowners and developers.

**Funding source for administrative costs and staff:** The SRP in NJDEP
has over 600 full-time staff. The Attorney General's Office (Department
of Law and Public Safety, Division of Law, Hazardous Site Litigation
Section) provides attorneys for legal support of the program. Funding
for staff and administration comes from the Spill Compensation Fund,
Corporate Business Tax, and Bond funds, direct billing, and federal
grants.

***Cleanup Activities***

**Sites currently in VCP:** 20,000 known contaminated sites under DEP
oversight.

**Sites completed under VCP: **In 2007, the state issued 3, 623 No
Further Action (NFA) letters indicating that remediation was complete.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.):**

• Program is voluntary.

• NFAs are accompanied by a CNTS.

• Certain liability protections require VCP participation.

• Financial incentive programs require VCP (or other program)
participation.

***Public Participation***

**Public participation requirements (notice, comment periods, etc.):**
NJDEP issued draft regulations on public participation on August 6, 2007
to improve public access to site remediation information and public
involvement in the remediation process. Adoption planned for August
2008.

**Public participation activities (hearing, meetings, etc.):** As
required and as requested. Program holds quarterly brownfields
roundtables with interested parties and a quarterly advisory committee
meeting to update interested parties on regulatory and policy issues. In
addition, NJDEP's Office of Community Relations conducts workshops to
educate citizens about site remediation process.

***Statutory Authorities***

• *Brownfields and Contaminated Site Remediation Act*, NJSA §58:10B,
provides the basis for the remediation of contaminated sites and a
brownfields program; it also amended site remediation standards to
reflect land use restrictions.

• *Spill Compensation and Control Act*, NJSA §§58:10--23--11 separately
et seq., (enacted 1976, and amended almost annually thereafter),
establishes a fund for cleanups and provides authority for emergency
response, removals, remedial actions, enforcement, cost recovery, victim
compensation, natural resources damages, and voluntary cleanup.

• *Industrial Site/Recovery Act* (ISRA) (1993), NJSA §§13:1K--6 et seq.,
requires transferors of industrial facilities to clean up contamination.

• *Environmental Rights Act,* NJSA §2A:35A establishes a basis for
filing citizen suits.

• *Water Pollution Control Act* (WPCA), NJSA §§10A--1 et seq., provides
the basis for the remediation of contaminated sites which impact the
waters of the state.

• *Underground Storage Tank Act*, NJSA 58:10A-21-37., establishes
criteria for installing maintaining regulated underground storage tanks.

• *Solid Waste Management Act*, NJSA 13:1E et seq., establishes criteria
for operating transfer and recycling facilities and permitting and
closing landfills.

**New York**

> **General Information**
>
> **Contact:** Division of Environmental Remediation
>
> **Address:** NY State Department of Environmental\
> Conservation (DEC)\
> 625 Broadway, 12th Floor\
> Albany, NY 12233-7011
>
> **Phone:** 518 402 9711
>
> **Fax:** 518 402 9722
>
> **Email:** derweb@gw.dec.state.ny.us
>
> **Web site:** *http://www.dec.state.ny.us/website/der/*

***Program Description\
(VCP, brownfields, or related)***

**Brownfields definition:** The only explicit definition of a brownfield
in New York State's cleanup programs is found in the Brownfield Cleanup
Program (BCP). The BCP defines a brownfield site as any real property,
the redevelopment or reuse of which may be complicated by the presence
or potential presence of a contaminant (the remainder of the brownfield
programs address similar sites but do not refer to the sites as
brownfields).

**Program titles:**

• Brownfield Cleanup Program (BCP) (2003)*---*Cleanup program, successor
to Voluntary Cleanup Program.

• Voluntary Cleanup Program (VCP) (1994)---Cleanup program. As of
October 1, 2003, no new VCP applications are being accepted. Projects
currently in the VCP may remain in the program until completion.

• Environmental Restoration Program (ERP) (1996)---Cleanup program.

• Brownfield Opportunity Areas Program (BOA) (2003)---Planning program.

**Liability relief provisions:**

• BCP---Following the completion of the project, the DEC issues a
Certificate of Completion (COC), which entitles the recipient to an
environmental liability limitation (subject to reopeners) that would be
binding on the state for any liability including future liability or
claim for further remediation of hazardous waste and/or petroleum at or
emanating from the site that was subject to the agreement. The liability
limitation extends to successors and assigns except a responsible party,
unless that person was party to the Brownfields Cleanup Agreement. The
BCP also provides appropriate liability relief to innocent landowners,
municipalities, and fiduciaries.

• Projects completed in the VCP are assigned a release and Covenant Not
to Sue (CNTS), which is transferable to future non-potentially
responsible party (PRP) owners. Non-PRP volunteers also receive a
release that covers natural resource damages. The DEC's release binds
itself, and does not bind private parties harmed, does not bind the
state attorney general or the state comptroller, and does not bind EPA.

• ERP gives liability release and indemnification to municipalities and
non-PRP successors, including future owners, lenders, or lessees for
hazardous substances that were on the property prior to the ERP grant.

• BOA---None

**Financial incentives (grants, loans, tax provisions, etc.):**

• Tax Credits (BCP)

• Technical Assistance Grants (TAGs) up to \$50,000 per site are
available at significant threat sites under the BCP or at Class 2 sites
under Superfund.

• Clean Water/Clean Air Bond Act (ERP) (grants of 90% for eligible
on-site costs to 100% for eligible off-site costs)

• Clean Water State Revolving Fund

• Empire Zones, Environmental Zones

• Planning Grants of 90% (BOA)

**Legislative or program site eligibility requirements:**

• BCP---All sites are eligible to participate, except: federal National
Priorities List (NPL) sites; Class 1 or Class 2 sites on the New York
State Registry of Inactive Hazardous Waste Disposal Sites (NYS Registry
sites); permitted Resource Conservation Recovery Act (RCRA) sites (note:
interim status sites are eligible); sites subject to an enforcement
action; sites subject to a cleanup order under Article 12 of the
Navigation Law; and sites subject to any other federal or state
environmental enforcement action.

Also, under the BCP, the above eligible parties are able to participate
unless: they are subject to a pending action or proceeding relating to
the proposed site in any court or administrative agency in any
jurisdiction wherein the state or federal government seeks the
investigation, removal, or remediation of contamination or penalties;
they are subject to an order providing for the investigation, removal,
or remediation of contamination relating to the proposed site; or they
are subject to an outstanding claim for cleanup and removal costs under
Article 12 of the Navigation Law ("Oil Spill Prevention, Control, and
Compensation"). The DEC may also reject a request for participation if
the DEC determines that the public's interest would not be served. (See
the NYSDEC's Web site at:
*http://www.dec.state.ny.us/website/der/bcp/index.html for additional
eligibility criteria.)*

• VCP---Site owners, prospective purchasers, municipalities, and (under
some circumstances) operators may participate. Participation by Class 2
sites and NPL sites is not allowed. Note: As of October 1, 2003, no new
VCP applications are being accepted.

• ERP---New York State municipalities are eligible. The term
municipality includes counties, cities, towns, and villages as well as
local public authorities, public benefit corporations, school and
supervisory districts, and improvement districts. Additionally, the term
municipality includes community based organizations which partner with a
municipality. The municipality must own the property and cannot be
responsible for the contamination. The property cannot be listed as a
Class 1 or 2 NYS Registry sites.

• BOA---Applicants that are eligible to apply for a grant include, New
York State municipalities and community based organizations or
municipalities and community based organizations acting in cooperation.
A community based organization is a nonprofit corporation, incorporated
under Section 501(c)(3) of the Internal Revenue Code whose stated
mission is to promote community revitalization within the geographic
area in which the community based organization is located; has 25% or
more of its board of directors residing in the community in such area;
and represents a community with a demonstrated financial need as
indicated by high unemployment, low resident incomes, depressed property
values, and high commercial vacancy rates.

***Financial Elements***

**Assessment and cleanup funding (source, amount, relationship to
VCP/brownfields programs, application process, eligibility requirements,
dedication to special types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.):**

• The state Superfund/Brownfield Law authorizes up to \$135,000,000
annually, broken down as follows:

• \$120,000,000 for investigation and remediation of inactive hazardous
waste disposal sites and hazardous substance sites, and investigation
and remediation of off-site contamination for volunteer sites under the
BCP. These funds are provided by the sale of bonds. Debt service on the
loans is funded 50% by industry fees and 50% by the state's general
fund.

• \$15,000,000 for TAGs (which are associated with the state
Superfund/Brownfield Cleanup Programs), BOA grants, state implementation
of the BCP and VCP, and non-bondable costs associated with the state
Superfund program. This funding would be provided through the state's
general fund.

• In addition, approximately \$33,000,000 will continue to be
appropriated to fund the state's Oil Spill Program.

• Clean Water/Clean Air Bond Act---As part of the \$1.75 billion 1996
Clean Water/Clean Air Bond Act, a fund of \$200 million was created for
the ERP. Under the ERP, the state provides grants to municipalities for
reimbursement of up to 90% of eligible costs for onsite investigation
and remediation activities, and 100% for off-site remediation if
required by the DEC. The property may then be used for commercial,
industrial, residential, or public use, depending on the level of
cleanup. Approximately \$20,000,000 remains uncommitted for ERP projects
as of February 1, 2008.

• Clean Water State Revolving Fund offers interest-free short-term
loans, and low-interest long-term loans for water-related projects.

**Tax incentives (abatements, credits, etc.):**

• The state's environmental conservation law, tax law, and insurance law
provide for a suite of tax credits available to parties cleaning up
sites under the BCP. These credits offset costs associated with real
property taxes, site preparation, ground water remediation, property
improvements, and insurance premiums relating to environmental
remediation insurance. The applicant must receive a Certification of
Completion (COC) from the DEC stating that remediation requirements have
been or will be achieved for the brownfield site in question in order to
be eligible for the tax credits.

In addition, Environmental Zones (En-Zones) provide enhanced tax credits
under the BCP for parties who remediate and redevelop brownfield sites
in designated areas. En-Zones are areas identified by the Commissioner
of Economic Development as having a poverty rate at least 20% and an
unemployment rate at least one-and-a-quarter times the statewide average
or a poverty rate of at least double the county poverty rate. For
additional information refer to Empire State Development's Web page:
http://www.tax.state.ny.us/sbc/empire_zone.htm.

• There are three tax credits involved with the BCP.

> • The Redevelopment Credit has three components: Site preparation
> credit---12% for business and 10% for personal tax filers. Both
> increase by 2% for remediation to Track 1 (unrestricted use).
>
> • Tangible property credit---(percentages the same as above).
>
> • On-site ground water remediation credit component---(percentages
> same as above).

In addition, the applicable percentage will be increased by 8% if at
least half of the qualified site is located in an En-Zone.

The Remediated Brownfield Credit for Real Property Taxes provides the
following tax credit for qualified sites:

> • 25% (or if in an En-Zone, then 100%)
>
> • Multiplied by employment factor
>
> • Multiplied by real property taxes
>
> • Subject to a limitation of: \$10,000 multiplied by the number of
> full time employees

Employment Number Factor is determined as follows:

> • At least 25 but less than 50 = .25
>
> • At least 50 but less than 75 = .50
>
> • At least 75 but less than 100 = .75
>
> • At least 100 or more = 1.0

If the site is located in whole or in part in an Empire Zone, the
taxpayer must make an irrevocable election between the two real property
tax credits available. Thus, the taxpayer needs to select between
Remediated Brownfields Credit or the QEZE Real Property Tax Credit in
the first year the taxpayer qualifies for both the Remediated
Brownfields Credit for Real Property Taxes and the QEZE Real Property
Tax Credit.

**•** The Environmental Remediation Insurance Credit (NYS Insurance
Law---Section 3447) provides credits for certain types of insurance
coverages including those with:

> •  On-site cleanup of pre-existing pollution conditions coverage.
>
> •  Third party claims coverage (bodily injury, property damage).
>
> •  Cost-cap coverage.
>
> •  Re-opener coverage.
>
> •  The credit is equal to the lesser of: \$30,000 or 50% of the cost
> of the policy. There is a one time refundable credit for each policy.

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.): **The BOA Program is a local planning
tool. BOAs provide technical and financial assistance to municipalities
and community-based organizations to conduct redevelopment planning and
for areas containing brownfields as well as site assessments for
strategic sites. Funding is available to cover 90% of the costs to
complete BOA pre-nomination studies, nomination documents,
implementation strategies, and site assessments. Projects in the BOA
Program may receive a priority and preference when considered for
financial assistance pursuant to any other state, federal, or local law.
The BOA Program is administered by the DEC in partnership with the
Department of State (DOS).

***Program Elements***

***Technical Elements***

**Methods/standards/controls:**

• BCP---Cleanups under the BCP must be protective of pubic health and
the environment based on remedy selection criteria including the
current, future, and reasonably anticipated land use of the site. New
York State law prescribes a multi-track approach for the remediation of
contamination: Track 1 (unrestricted use); Track 2 (restricted use with
generic soil cleanup objectives); Track 3 (restricted use with generic
soil cleanup objectives); and Track 4 (restricted use with site-specific
soil cleanup objectives). A responsible party (RP) must also conduct any
necessary off-site remediation.

• ERP---Remedies are protective of public health and the environment.
The remedial program for soils at a site must utilize soil cleanup
objectives that are protective of public health and the environment. An
alternative analysis is used to determine final soil cleanup levels.
Environmental easements are used to control future land use where
cleanup is not to unrestricted standards.

• VCP---Cleanups under the VCP must be protective of public health and
the environment based on remedy selection criteria that includes the
site's contemplated use. Contemplated use includes unrestricted and
restricted forms of residential, commercial, and industrial uses.

**Contaminants covered/excluded:**

• BCP---hazardous waste (including hazardous substances) and petroleum
are covered.

• ERP---hazardous waste (including hazardous substances) and petroleum
are covered; no lead paint inside buildings; 50% of the eligible costs
for asbestos/demolition.

• VCP---hazardous wastes, hazardous substances, and petroleum are
covered.

**Use of long-term stewardship and institutional controls (IC):**

• Institutional controls and/or engineering controls are allowed in the
BCP, ERP, and VCP programs if they are protective of public health and
the environment. In addition, environmental easements may be required
for the protection of public health and the environment and to achieve
the requirements for remediation established at contaminated sites.

• Institutional controls/engineering controls are beneficial because
they may be less expensive, allow for expedited cleanups, and allow
property to be reused that is not cleaned up to unrestricted use levels.

**IC Tracking:** Yes, DEC tracks all institutional and engineering
controls.

**IC Oversight:** Yes, DEC reviews all proposed institutional and
engineering controls.

**IC Monitoring:** Yes, DEC monitors institutional and engineering
controls.

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA:** No

**Costs to enter program or fees for service:** In the BCP and VCP,
state oversight costs must be reimbursed by the party cleaning up the
site. Responsible parties must also pay past costs.

**Funding source for administrative costs and staff:**

• Administrative and staff costs are provided by the state's general
fund and from the sale of bonds.

***Cleanup Activities***

**Sites currently in State Brownfields Programs:**

• BCP---As of February 1, 2008, the DEC approved 259 applications for
participation in the program.

• ERP---As of February 1, 2008, the DEC approved 276 applications for
participation in the program.

• VCP---As of February 1, 2008, the DEC approved 762 applications for
participation in the program. (Note: the DEC stopped accepting
applications for the VCP in 2003.)

**Sites completed under State Brownfields Programs:**

• BCP---As of February 1, 2008, 35 sites completed remedial actions
since the program's inception.

• ERP---As of February 1, 2008, 22 sites have remedial actions
completed.

• VCP---As of February 1, 2008, 151 sites have remedial actions
completed.

**Benefits (incentives to participate, covenants not to sue,
etc.): **New York's brownfields programs are designed to promote
environmental restoration and preservation, public health protection,
economic development, job creation, and community revitalization
throughout the state. Incentives to increase participation in the
state's programs include technical and financial assistance, liability
releases, and tax credits.

***Public Participation***

**Public participation requirements (notice, comment periods, etc.):**

• The BCP law sets forth citizen participation requirements at several
milestones during a BCP project. These requirements may
include: developing a citizen participation plan; public notices; fact
sheets; public comment periods; and public meetings.

• The ERP law and regulations set forth citizen participation
requirements. Among other requirements, the municipality must develop a
citizen participation plan that serves as a tool to manage the project's
citizen participation program.

• The VCP incorporates public notice and comment at various project's
milestones as a matter of policy rather than legal requirement.

**Public participation activities (hearing, meetings, etc.):**

• The Department conducts meetings and hearings as required by law or as
needed to inform and educate the public on remediation activities.
Updated information on Public Participation activities is regularly
provided on DEC's Web site.

***Statutory Authorities***

• The *Environmental Conservation Law,* Articles 17, 19, 27, 71,
provides general, comprehensive enforcement and cleanup authority. It
includes authority under which the state established a voluntary cleanup
program. Part of the *Environmental Conservation Law,* Article 56, Title
5 (1997), establishes the Environmental Restoration Program.

• The *General Municipal Law*, Article 18-C, Section 970-r, establishes
the Brownfield Areas Opportunity Program.

**Puerto Rico**

> **General Information**
>
> **Contact:** Puerto Rico Environmental Quality Board\
> (PREQB)\
> CORE and Superfund Program
>
> **Address:** P.O. Box 11488\
> San Juan, Puerto Rico 00910
>
> **Phone:** 787 767 8181 Ext. 2230
>
> **Fax:** 787 766 0150
>
> **Web site:** *http://www.jca.gobierno.pr*

***Program Description\
(VCP, brownfields, or related)***

In 2000, Puerto Rico began the development of the Property Redevelopment
and Voluntary Cleanup Program (PRVCP) under a state assistant grant from
EPA. Incentives for participation in the program include liability
relief for prospective purchasers and lenders, cleanup certification,
Memorandum of Understanding between PREQB and EPA, and agreements
between interested parties.

**Brownfields definition:** No information available

**Program titles:** Property Redevelopment and Voluntary Cleanup Program

**Liability relief provisions:** The program offers liability relief for
prospective purchasers and lenders through letters, certificates, and/or
agreements.

**Financial incentives (grants, loans, tax provisions, etc.): **The
PRVCP contemplates tax exemptions as a possible financial incentive, but
no final determination has been made.

**Legislative or program site eligibility requirements: **The site
eligibility requirements will be included in the program's rules and
regulations.

***Financial Elements***

**Assessment and cleanup funding (source, amount, relationship to
VCP/brownfields programs, application process, eligibility requirements,
dedication to special types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): **No information available

**Tax incentives (abatements, credits, etc.): **PREQB is evaluating tax
incentives to be used in the PRVCP.

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.): **PREQB has the authority to issue
cleanup letters and completion letters.

***Program Elements***

***Technical Elements***

**Methods/standards/controls: **PREQB is developing the procedures,
cleanup standards, and methods to be used in the PRVCP.

**Contaminants covered/excluded: **PREQB is developing the list of
chemicals of concern to be addressed under the PRVCP.

**Use of long-term stewardship and institutional controls (IC): **No
information available

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA: **No

**Costs to enter program or fees for service: **PREQB will establish a
reasonable cost to enter into the PRVCP.

**Funding source for administrative costs and staff: **The funding
source for the PRVCP will be a special account with funds collected from
the program.

***Cleanup Activities***

**Sites currently in VCP: **The PRVCP is under development.

**Sites completed under VCP: **The PRVCP is under development.

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.): **The PRVCP is under development.

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **The PRVCP requires notification to the public on issues related
to the cleanup standards, rules and regulations, and cleanup activities
related to the program.

**Public participation activities (hearing, meetings, etc.):** PREQB
conducted several public meetings to present the PRVCP to communities,
industries, government agencies, and other stakeholders.

***Statutory Authorities***

The *Environmental Emergencies Fund Act*, Law 81, 12 LPR Ann. §§1271 et
seq. (1987), establishes the Environmental Emergencies Fund and
authorizes the Environmental Quality Board to respond to emergencies and
recover response costs from liable parties. The Act has no order or
injunctive authorities; Puerto Rico relies on other authorities for
these purposes, including the Public Policy Environmental Act, Law 9, 12
LPR Ann., §§1121 et seq. (1970, as amended 1973, 1974, 1978, 1983, 1984,
1985, 1993, and 1997).

**Virgin Islands**

> **General Information**
>
> **Contact:** Division of Environmental Protection of Planning &
> Natural Resources\
> (DPNR)
>
> **Address:** Cyril E. King Airport, 2nd Floor\
> St. Thomas, US Virgin Islands 00802
>
> 45 Mars Hills, Frederiksted\
> St. Croix, US Virgin Islands 00841
>
> **Phone:** 340 774 3320\
> 340 773 1082
>
> **Fax:** 340 714 9549\
> 340 692 9794
>
> **Web site:** *http://www.dpnr.gov.vi/dep/home.htm*

***Program Description\
(VCP, brownfields, or related)***

The DPNR is developing a Voluntary Cleanup Program (VCP) under a
cooperative agreement with EPA to spur cleanup of brownfield sites in
the Virgin Islands. The activities funded under this agreement
include: 1) forming a technical committee to guide the development of
the VCP; 2) hiring consulting firms to assist DPNR in developing VCP
strategies; and 3) training personnel on relevant aspects of the VCP and
site inventory procedures.

**Brownfield definition: **No information available

**Program titles: **No information available

**Liability relief provisions: **No information available

**Financial incentives (grants, loans, tax provisions, etc.):** No
information available

**Legislative or program site eligibility requirements: **No information
available

***Financial Elements***

**Assessment and cleanup funding (source, amount, relationship to
VCP/brownfields programs, application process, eligibility requirements,
dedication to special types of sites such as petroleum, dry cleaners,
abandoned drug labs, etc.): **No information available

**Tax incentives (abatements, credits, etc.): **No information available

**Other forms of support (environmental insurance, brownfields
redevelopment authorities, etc.): **No information available

***Program Elements***

***Technical Elements***

**Methods/standards/controls: **No information available

**Contaminants covered/excluded: **No information available

**Use of long-term stewardship and institutional control:** No
information available

***Management & Implementation Elements***

**Voluntary Cleanup Program MOA with EPA:** No

**Costs to enter program or fees for service: **No information available

**Funding source for administrative costs and staff:** No information
available

***Cleanup Activities***

**Sites currently in VCP: **No information available

**Sites completed under VCP: **No information available

**Benefits (incentives to participate in the VCP, covenants not to sue,
etc.): **No information available

***Public Participation***

**Public participation requirements (notice, comment periods,
etc.): **No information available

**Public participation activities (hearing, meetings, etc.): **No
information available

***Statutory Authorities***

No information available