Cleanup Options for Drycleaning Solvent Sites March 2009 by F4p905

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									                                                Cleanup Options for Drycleaning Solvent Sites

    The chart below will assist you in answering the following questions*:
            May a Site that is eligible for Cleanup through the Drycleaning Solvent Cleanup Program (“DSCP”) be cleaned up through a
             Voluntary Cleanup Agreement (“VCA”)?
            May a Real Property Owner (“RPO”) or a Drycleaning Facility Owner/Operator (“DF O/O”) enter into a VCA?
            Is a RPO or DF O/O eligible for Voluntary Cleanup Tax Credits (“VCTC”)?
            Is a RPO or DF O/O liable under Chapter 62-782, Florida Administrative Code (“62-782”)?


                                                                 START:
                                                               Drycleaning                 Site IS NOT
               Site IS Eligible for Cleanup                  Solvent Cleanup               Eligible for
                    through the DSCP                         Program (DSCP)             Cleanup through
             (NOTE: If a Site IS eligible for                                               the DSCP
            the DSCP neither the RPO nor
              the DF O/O are required to
             conduct cleanup of the Site)
                                                                                                RPO and/or DF O/O                 Drycleaning
                                                                                               IS liable under 62-782           Facility Owner/
                                                                                                  (subject to certain              Operator
 Cleanup will be                            Cleanup may be                                       defenses), but each
   conducted                                   conducted                                        has different options
through the DSCP                               voluntarily                                           for cleanup
  based on Site                                                                                                                         DF O/O IS NOT
     ranking                                                                                                                          eligible for VCA or
                                                                                                                                       VCTC and MUST
                                                                                                 Real Property
                                                                                                                                        cleanup under
                                                                                                    Owner
        RPO (even if also DF O/O) MAY                DF O/O MAY enter into a                                                                62-782
           enter into a VCA and MAY                  VCA and MAY be eligible
        receive statutory immunity and                for VCTC for voluntarily
          MAY be eligible for VCTC for                conducting cleanup but
        voluntarily conducting cleanup                   MAY NOT receive           If NOT also DF O/O then          If also DF O/O then NOT
                                                        statutory immunity       MUST cleanup under 62-782        eligible for VCTC and MUST
                                                                                 but MAY cleanup under VCA         cleanup under 62-782 but
                                                                                  and MAY receive statutory         MAY cleanup under VCA
                                                                                    immunity and MAY be           and MAY receive statutory
                                                                                      eligible for VCTC for                  immunity
    Last Updated 3/26/09                                                              conducting cleanup
* Please note that this document is intended only as guidance in answering the above questions. It is not intended to serve as legal advice.


For More Information:
See Section 376.3078, Florida Statutes, for more information on liability, immunity, and VCAs.
See Section 376.3078, Florida Statutes, and Chapter 62-781, Florida Administrative Code, for more information on DSCP eligibility.
See Section 376.30781, Florida Statutes, and Chapter 62-788, Florida Administrative Code, for more information on the VCTC program.
See Chapter 62-782, Florida Administrative Code, for more information on cleanup requirements for drycleaning solvent sites.

See the Voluntary Cleanup Tax Credit website, http://www.dep.state.fl.us/waste/categories/vctc/default.htm, for more information and a model VCA.

Please note that the model VCA refers to the RPO because the RPO is most often the party conducting cleanup. However, the model VCA may be
modified to allow a DF O/O to voluntarily conduct cleanup. In this circumstance, a Site Access Agreement with the RPO must be attached to the VCA.




Last Updated 3/26/09

								
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