Options for contaminated site cleanup
Under Washington law, you can clean up a contaminated site with or without Ecology's supervision.
If you choose to do an independent cleanup, you can clean up without our help, or you can request fee-based technical assistance. See if your cleanup may be eligible for Ecology's Voluntary Cleanup Program or the Pollution Liability Insurance Agency's Technical Assistance Program.
For all cleanups that Ecology supervises, cleanup schedules are negotiated with us and cleanup plans go through public review and Ecology approval. There are two options for Ecology-supervised cleanups based on the type of legal agreement you enter into with the state. A consent decree settles your liability to the state and provides protection from third-party contribution claims, while an agreed order does not.
Under Washington's cleanup law, the Model Toxics Control Act, you have four options for cleaning up a hazardous waste site.
Under this option, you clean up contamination independently without a legal agreement. You can do this on your own or with fee-based consultations with us by joining the Voluntary Cleanup Program. We offer technical assistance and opinions on the sufficiency of your cleanup.
Is my site eligible for an independent cleanup?
You might choose independent cleanup if:
- Your site isn't already in the cleanup process with us under an agreed order or consent decree.
- You aren't already negotiating an agreed order or consent decree with us to cleanup your site, unless:
- You provide us reasonable notice and we agree with your independent actions; and
- The independent actions you propose don't pre-empt or foreclose the ongoing negotiation or the selection of a cleanup action.
- Your cleanup site isn't related to heating oil. If it is, please use the Pollution Liability Insurance Agency’s (PLIA’s) Heating Oil Technical Assistance Program.
- Your cleanup site isn't eligible for PLIA's Petroleum Technical Assistance Program.
- For more information about PLIA's programs, contact email@example.com or 1-800-822-3905.
How do I know which program I should apply to?
Whether you clean up your site on your own, or through the Voluntary Cleanup Program, neither option:
- Settles your liability with the state.
- Provides protection against third-party contribution claims.
However, when you join the Voluntary Cleanup Program, we will write a letter stating your independent cleanup is complete when it meets requirements under state law, known as a "no further action" opinion. This opinion can be helpful when you want to obtain a bank loan using the property as collateral or are selling the property.
Under this option, we supervise your cleanup under an agreed order or consent decree. That means we negotiate schedules with you, and plans are reviewed by the public and Ecology before becoming final. With our supervision, you will know your cleanup meets the requirements under state law when it is complete.
What's the difference between an agreed order and a consent decree?
A consent decree settles your liability to the state and provides protection from third-party contribution claims, and an agreed order does not.