Voluntary Investigation and Cleanup (VIC) Program

Response Actions

• Response Actions Completed in CY 2011 (c-vic2-08)
• Response Actions Tentatively Scheduled for CY2012 (based upon Response Action Plan Approval Letters issued in 2011) (c-vic2-09)
• VIC Sites with Institutional Controls completed as of March 1, 2012 (c-vic2-10)

The MPCA Voluntary Investigation and Cleanup (VIC) Program provides technical assistance and administrative or legal assurances for individuals or businesses seeking to investigate or cleanup contaminated property.

Property buyers, sellers, developers, bankers, development agencies, local government, and other voluntary parties work with VIC staff to bring contaminated land back into productive use.

What's New

Cooperative Cleanup Memorandum now available for agreements between the MPCA and Responsible Persons

See more details in the "Seeking Assistance from the VIC Program" section below.

About the VIC Program

The VIC Program was created because in the 1980s many businesses and government organizations became unwilling to develop property with known or suspected environmental contamination. They were concerned that by purchasing property or disturbing contamination during property development, they could become liable under state or federal Superfund laws for cleanup costs, even though they were not originally responsible for the wastes.

Under the Land Recycling Act of 1992, persons who are not otherwise responsible for a contamination problem may be eligible for future liability protection when they voluntarily undertake an investigation and, if necessary, cleanup action approved by the MPCA through the VIC Program. This process allows property transactions to move forward quickly, but it also helps promote redevelopment of contaminated property, mitigate health or environmental risks posed by wastes on these properties, and benefits communities by bringing new development, jobs, and tax base to old industrial zones.

Under the Land Recycling Act, future liability protection is usually available to eligible parties (including lenders and purchasers of property) when response actions approved by the MPCA Commissioner are conducted by property owners who may be responsible persons as defined by the Minnesota Superfund law. These property owners may request assistance from the MPCA in anticipation of future property transactions, to obtain financing or simply to avoid the high costs associated with investigating and cleaning up property under the Superfund enforcement process.

VIC Customers

The VIC Program is a fee-for-service program with customers that include property owners, potential property buyers or developers, insurers, development agencies, environmental consultants, attorneys, lending institutions, and local governmental units.

Seeking Assistance from the VIC Program

The first step in requesting assistance from the VIC Program is becoming familiar with program requirements and learning about what the program has to offer. To provide direction for voluntary parties, MPCA staff has developed various guidance documents. You can download the guidance documents from this site or call 651-757-2106 to request copies of the documents. Copies of these documents cost $0.20 per page to send by U.S. mail.

Once you have determined that a property may be appropriate for the VIC Program, you are encouraged to contact a VIC staff member for more information or to set up a meeting to discuss the site. The VIC Program offers a one-hour initial free meeting to discuss a new project.

To obtain formal assistance from the VIC Program, it is first necessary to complete and submit a current Program Application Form, available below. Or call 651-757-2106 to request that the form be sent to you. In accordance with state law, the applicant will be billed for the time spent by staff to provide the requested service(s). The fee is $125.00 per hour. The money collected is deposited into the Minnesota Environmental Fund and used to offset the program costs.

• Voluntary Remediation Programs Enrollment Application Form (PDF Version) (c-vic3-01)

The MPCA has developed a Cooperative Cleanup Memorandum by which an applicant who is a cooperative responsible person and MPCA agree on shared expectations for a full and timely cleanup.  The MPCA project manager will draft a CCM document using the most current template.  A general template of the CCM is presented below.  The MPCA and the cooperative responsible person will negotiate the final terms and expected schedules of the CCM together.  See Section D of the application for more detail.

• Cooperative Cleanup Memorandum Agreement (PDF Version) (c-rem4-42)

Program Accomplishments

Since 1988, the VIC Program has provided assistance to over 2,500 voluntary parties. MPCA staff has compiled summaries of some of our success stories where private and public development projects were able to proceed or where jobs were created or preserved through timely assistance from the VIC Program. Find out more at our success story page.

In 1994, the VIC Program was the recipient of the prestigious Innovations in State and Local Government Award from the Ford Foundation and the John F. Kennedy School of Government at Harvard University.

Each year, Renew America, a national environmental nonprofit organization, identifies programs throughout the nation that provide innovative solutions to today's tough environmental challenges. In 1998, the VIC Program and the Minnesota Attorney General's Office received Renew America's 8th Annual National Award for Environmental Sustainability. In 1997, the VIC Program was listed in Renew America's Environmental Success Index.

Brownfields in the VIC Program

Brownfields are abandoned, idled, or underused industrial and commercial properties where expansion or redevelopment is complicated by real or perceived environmental contamination.  The VIC Program is involved with many sites that are considered to be Brownfields. For more information about Brownfields in Minnesota, see the  Brownfield Resource Guide or visit the MPCA Brownfields page.

Risk-based Site Evaluation Process

MPCA is developing guidance to outline a risk-based approach to decision making during site investigation and remedy selection under the state's VIC and Superfund Programs. Several of the Risk-based Site Evaluation Process (RBSE) guidance documents have been completed. A discussion of the RBSE process and copies of the the completed RBSE guidance documents are available on the Risk-based Site Evaluation Process Guidance Documents page.

Petroleum Contamination

For sites where petroleum contamination is present, the MPCA Petroleum Brownfields Program may also become involved. The Petroleum Brownfields Program provides technical assistance and liability protection to facilitate petroleum-contamination investigations and cleanups, property transfers, and development of sites where the contamination is limited to petroleum compounds.

Releases at Drycleaning Facilities

The Minnesota Legislature, working with drycleaners' trade associations and the MPCA established the Drycleaner Environmental Response and Reimbursement Fund in 1995. The fund provides a means to pay for the cleanup of soil, ground water or surface water contamination at drycleaning facilities. The Drycleaner fund is financed by annual registration fees paid by drycleaning facilities and solvent fees collected by retailers of some drycleaning chemicals.

Related Information

Toolkit for Pollution Prevention and Sustainable Activities at Remediation Sites. If you are considering more efficient cleanup remedies, reduced threat of future releases, or site development, then this toolkit may interest you.

All Appropriate Inquiry

This rule establishes federal requirements for conducting all appropriate inquiries into previous ownership and property use when seeking Federal Superfund liability protection. The All Appropriate Statutory Language from the Small Business Liability Relief and Revitalization Act is provided at the EPA's All Appropriate Inquiries Web site. 

Federal Grant Notifications

The federal government launched grants.gov as an online service to help find and apply for grant opportunities in federal agencies.

Letters of Support for U.S. EPA Brownfields Grants

If you are planning to apply for U.S. EPA Brownfields Assessment, Revolving Loan Fund, and/or Cleanup Grant funds please be aware that the U.S. EPA requires grant applicants to obtain a Letter of Support from the MPCA. Guidelines for the Brownfields Assessment, Revolving Loan Fund and Cleanup Grants can be found on the U.S. EPA Brownfields Funding Web page.  

Please submit a brief description of the project and the specific site eligibility requirements and property ownership eligibility requirements to the MPCA at least 2 weeks prior to the date of your deadline.  The eligibility requirements may vary depending on the grant:

1. For BF Assessment Grants, please refer to the "Guidelines for Brownfields Assessment Grants" (see the U.S. EPA Web site above).  Please refer to Section III.C  (Threshold Criteria for Assessment Grants), specifically Item 2 (Letter from the State) for information on the requirement for a letter of support from the state authority.  Please note that you should include the information in Section III.C.3.a-i as applicable.
2. For RLF Grants, please refer to the "Guidelines for Revolving Loan Fund (RLF) Grants" (see the U.S. EPA website above).  Please refer to Section III.B (Threshold Criteria for RLF Grants), specifically Item 3 (Letter from the State or Tribal Environmental Authority) for information on the requirement for a letter of support from the state authority.
3. For BF Cleanup Grants, please refer to the "Guidelines for Brownfields Cleanup Grants" (see the U.S. EPA Web site above).  Please refer to Section III.C (Threshold Criteria for Cleanup Grants), specifically Item 2 (Letter from the State or Tribal Environmental Authority) for information on the requirement for a letter of support from the state authority.  Please note that you should include the information in Section III.C.3.a-i as applicable.

Please contact either Shanna Schmitt or Hans Neve to request a Letter of Support for sites dealing with hazardous substances, pollutants, or contaminants and Stacey Hendry-Van Patten for sites dealing with petroleum contaminants.  The MPCA will issue one letter for sites with hazardous substances comingled with petroleum.  Requests may be made via U.S.P.S. mail or via e-mail.

Contacts for Letters of Support

• Shanna Schmitt, 651-757-2697, or shanna.schmitt@state.mn.us
• Hans Neve, 651-757-2608, or hans.neve@state.mn.us
• Stacey Hendry-Van Patten, 651-757-2425, or Stacey.vanpatten@state.mn.us

Policies

Remediation Division Policy on Analysis of Carcinogenic Polynuclear Aromatic Hydrocarbons (cPAH).Effective June 2011, analytical methodology for the vast majority of remediation sites will be the short list of seven cPAHs. However, under certain site conditions the extended list of 25 cPAH compounds will be recommended. The policy document provides background and situations where the extended list of 25 cPAH methodology applies.

• Remediation Division Policy on Analysis of Carcinogenic Polynuclear Aromatic Hydrocarbons (cPAH), June 2011 (c-rem3-03)

Disposal of Mercury Contaminated Soil in Minnesota Landfills. The MPCA will consider, on a case by case basis, disposal in appropriate Minnesota Landfills of soils contaminated by mercury at concentrations which are both no greater than 4 ppm and which are non-hazardous. This will apply to soils from remediation and redevelopment sites. Any such disposal must occur in accordance with industrial solid waste management plans. For further discussion of this issue, please see the program management decision document below,

• MPCA Program Management Decision Memo on Disposal of Mercury-contaminated Soils in Minnesota Landfills.

VIC and the Petroleum Brownfields Program Policy for Past Due Invoices. Effective June 2010.  The MPCA has begun a formal process of responding to Voluntary Parties with past due invoices.  A procedural effort for a consistent and coordinated response to past due invoices has been initiated.  In short, the process includes: placing projects and assurance letters in development “on hold” if invoices are unpaid 45 days past after invoice date; involving program supervisors and issuing “stop work” orders on all projects associated with the individual applicant’s name; and, referring past due accounts to the Minnesota Collections Enterprises (MCE) at the Department of Revenue if invoices remain unpaid.

Corrective Action Design (CAD) for Use at Superfund, Resource Conservation and Recovery Act and VIC Programs.Effective July 1, 2011, the CAD Guidance developed earlier by the Petroleum Remediation Program will be utilized at remediation sites, as set forth in the following policy document:

• Superfund VIC RCRA CAD Guidance Policy (c-rem3-02)

For more information

• Hans Neve, VIC supervisor: 651-757-2608.
• VIC Staff Directory.