Voluntary Cleanup and Property Redevelopment Program (VCPRP)

The unit provides oversight and approval of investigations and remedial actions conducted by voluntary or responsible parties at contaminated properties in the Voluntary Cleanup and Property Redevelopment Program (VCPRP). 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 & Property Redevelopment Program ManualVCPRP Manual
• Flowchart of Voluntary Cleanup Program

Environmental Use Control Program

The Environmental Use Control Act became state law on July 1, 2003, with regulations becoming effective on April 7, 2006. 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 Regulations have been amended to expand the program. Previously a contaminated property defined as a “hazardous waste facility” by K.S.A. 65-3430(f) was not eligible for participation in the EUC Program. KDHE has amended the definition of “eligible property” in K.A.R. 28-73-1(c) to remove the language which prevents these hazardous waste facilities from participating in the EUC Program. The new regulation went into effect January 30, 2009.

This amendment provides the owners of dozens of contaminated properties more flexibility in addressing the contamination, including expedited remediation of contaminated properties, less expense to the property owners, and increased protection of human health and the environment through the use of voluntary land use restrictions. KDHE anticipates that the amended regulation will have no adverse impact to the agency, other government agencies, or the regulated community.

KDHE announced the proposed regulation change in the October 2, 2008, Kansas Register. That action began a 60 day public comment period. KDHE received no written or oral comments from the public.