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IDEM > Environmental Cleanup > Voluntary Remediation Voluntary Remediation

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House Enrolled Act 1162

House Enrolled Act (HEA) 1162 became effective on July 1, 2009.

HEA 1162 changed the remediation provisions of several statutes with particular emphasis on IC 13-25-5. IDEM is currently developing guidance for both internal staff and external stakeholders regarding IDEM’s interpretation of HEA 1162 and how IDEM will integrate its provisions into our remediation programs.

Noteworthy provisions in HEA 1162:

  • Requires IDEM to consider the management of exposure pathways (exposure prevention) through adequate institutional controls as a valid remedy. Both current and future land-use and exposure potential must be considered in the evaluation. IDEM is developing criteria for how to evaluate exposure-prevention remedies.
  • Environmental Restrictive Ordinances (municipal groundwater ordinances) must also be considered by IDEM when evaluating remediation proposals.
  • The Voluntary Remediation Program (VRP) may issue a covenant not to sue (CNTS) with “conditions subsequent”. In other words, the responsible party must continue to satisfy the conditions of the CNTS in order to maintain the legal protections afforded by the CNTS.

Providing guidance to implement HEA 1162 is one of IDEM’s top priorities. Therefore, as policy and technical issues are clarified, they will be provided, in writing, to all known interested parties and also be available on the IDEM Web page.

If you have any questions, please contact your project manager or Corey Webb, Section Chief of the Voluntary Remediation Program, 317-234-0966.

Table of Contents

General Information

VRP General Overview of Program

VRP Documents:

Program Specifics:

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Mission

The Voluntary Remediation Program (VRP) was established to provide any site owner, or prospective owner a mechanism to cleanup contaminated property. When the cleanup is completed, the IDEM will issue a Certificate of Completion and the Governor's office will issue a Covenant Not To Sue. These documents provide assurance that the remediated areas will not become the subject of future IDEM enforcement action, and future liability is limited. Participation in VRP can facilitate the sale and reuse of industrial and commercial properties.

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Goals

Encourage environmental cleanups and the redevelopment of commercial and industrial properties. Reduce the risk associated with contaminants as they relate to human health and the environment.

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Typical Sites

  • Active and abandoned industrial sites
  • Facilities with petroleum storage
  • Commercial properties
  • Manufactured gas plants
  • Dry Cleaners

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Typical Actions

  • Soil excavation and removal
  • Soil Vapor Extraction
  • Air Sparging
  • Groundwater Pump and Treat Remediation systems
  • In-situ treatment systems
  • Phytoremediation
  • RISK Assessments

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Statute

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