Brownfields_Content Page_Voluntary cleanup and the Voluntary Party Liability Exemption VPLE

Voluntary cleanup and the Voluntary Party Liability Exemption (VPLE)

Certain individuals, businesses or units of government that conduct an environmental investigation and cleanup of a contaminated property, while following specific state requirements with the oversight of the DNR, can receive an exemption from future environmental liability for historical contamination.

Guidance: Voluntary Party Liability Exemption (RR-0141) offers an overview of the benefits of the VPLE program, how VPLE cleanup differs from traditional cleanups, steps of the VPLE process, frequently asked questions, and additional detailed information. 

The voluntary party liability exemption (VPLE) program is implemented by the DNR and described in § 292.15, Wis. Stat.[PDF exit DNR].
 

VPLE Basics

VPLE Basics

The cleanup and redevelopment of contaminated properties has become a critical land use issue for public and private entities across the country. Brownfields – abandoned or underused properties where redevelopment is hindered by real or perceived contamination – are often the key to a successful community redevelopment project.

In 1994, the Wisconsin State Legislature created the voluntary party liability exemption by enacting § 292.15, Wis. Stat. The VPLE program is a process by which a person – as defined in § 292.01(13), Wis. Stat. – can voluntarily conduct an environmental investigation and cleanup of a property and then receive limits on their liability for historical contamination on that property.

Many developers, lenders and prospective purchasers of brownfields choose this route because the voluntary party liability exemption provides certain liability assurances helpful to investors and future property owners.

Properties cleaned up through the VPLE program must complete a comprehensive environmental investigation of the entire property and then implement response actions to the extent practicable. Upon completion of the cleanup, the RR program issues one of five types of certificates of completion enumerated in § 292.15, Wis. Stat. For more information on response actions in Wisconsin see the Cleanup Overview webpage and the Cleanup Rules and Laws webpage.

Eligibility

Eligible applicants

The VPLE is an elective environmental cleanup program. Interested persons who meet the definition of "voluntary party" are eligible to apply. A voluntary party is any person who submits an application and pays all the necessary fees. The voluntary party can be the company that owned and operated a facility or it can be a new purchaser.

Property Eligibility

Most properties that have had a discharge of a hazardous substance are eligible for VPLE.

Some properties are excluded from the VPLE process, as described in § 292.15(7), Wis. Stat. Specifically, properties with the following are NOT eligible:

  • A property that is listed or proposed to be listed on the Superfund National Priorities List.
  • A solid waste facility or site that is an approved facility as defined in § 289.01(3), Wis. Stat. (these are typically larger landfills).
  • A hazardous waste treatment, storage or disposal facility that first began operation after the voluntary party acquired the property.
  • A licensed hazardous waste treatment, storage or disposal facility operated on the property before the date on which the voluntary party acquired the property and that is operated after the date on which the voluntary party acquired the property.
  • Any hazardous waste disposal facility issued a license under §144.441(2), Wis. Stat., § 289.41(1m), Wis. Stat. or rules promulgated under those sections for a period of long-term care following closure of the facility.

In addition, some sites may not be eligible to participate or to complete the VPLE process due to technical issues associated with the environmental cleanup at the site. Properties with waste sites (e.g., a landfill) must be able to obtain a site closure through ch. NR 726, Wis. Admin. Code without the reliance on any active remedial system to ensure compliance with environmental and public health standards. Active systems may include active treatment or collection systems relating to groundwater, leachate or gas.

Application & Fees

Application process

To participate in the Voluntary Party Liability Exemption process, submit a completed application form (Form 4400-178) [PDF]. Enclose a $250 application fee, payable to the Wisconsin Department of Natural Resources, and all required attachments with your application. See RR-690, Guidance for Submitting Documents, for information on submitting documents to the DNR.

Within 30 days of receiving your letter of eligibility, send the DNR an advanced deposit of $2,000 for properties less than one acre and $4,000 for properties one acre or larger to cover DNR oversight costs. If the cost of the hourly oversight fees is less than the advance deposit, you will receive a refund from the DNR. If oversight fees are greater than the deposit, the voluntary party will be billed quarterly.

Please submit a separate application for each property. A property is the area of real property made up of a legally identifiable parcel or legally identifiable contiguous parcels created in compliance with applicable laws.

Oversight Fees

For state Fiscal Year 2025 (July 1, 2024 to June 30, 2025), the oversight and technical review fee is $125 an hour.

Certificates of Completion

Types of Certificates of Completion

Voluntary parties who choose to enter the VPLE program may pursue one of five available COCs based on property-specific conditions. The DNR has statutory discretion in deciding which type of COC to issue under Wis. Stat. § 292.15(2). The five types of COCs are:

  1. Wis. Stat. § 292.15(2)(a) General – This COC provides liability protection where the voluntary party has completed, and the DNR has approved, a comprehensive investigation of the entire property, including sampling for all likely hazardous substance discharges, and the voluntary party has cleaned up the property to the extent practicable. For the general exemption to apply, natural attenuation may not be selected as a remedy to groundwater contamination.
  2. Wis. Stat. § 292.15(2)(ae) Natural Attenuation – This COC provides liability protection for cleanups where groundwater contamination will remain at the property, the concentration of the hazardous substance(s) is above an enforcement standard, and natural attenuation is selected as the remedy. The DNR requires the voluntary party to obtain insurance to cover the costs of future investigation and cleanup should natural attenuation fail as the selected remedy.
  3. Wis. Stat. § 292.15(2)(af) Contaminated Sediment – This COC applies to sites with contaminated sediment and provides liability protection when the voluntary party cleans up the contaminated sediment to the extent practicable.
  4. Wis. Stat. § 292.15(2)(ag) Property Affected by Off-site Discharge – This COC provides liability protection for cleanups where the voluntary party has cleaned up the property and there is also contamination on the property that originated from another property.
  5. Wis. Stat. § 292.15(2)(am) Partial Cleanup – This COC provides liability protection for partial cleanups. Liability protection may extend only to the hazardous substances that were sampled for during the investigation. This type of COC may state that “not all of the property has been satisfactorily restored or that not all of the harmful effects from a discharge of a hazardous substance have been minimized.” This COC may also provide liability protection for cleanups that only address specific areas of a property.

The DNR may grant a COC only after the voluntary party has demonstrated completion of all applicable requirements set forth in Wis. Admin. Code chs. NR 700-799 and Wis. Stat. § 292.15(2) for the voluntary party's desired COC.

Insurance

VPLE insurance for natural attenuation

To obtain a Certification of Completion (COC) when relying on natural attenuation as a remedy at a property in the VPLE program, a voluntary party must first obtain insurance under the state's master policy (§ 292.15(2)(ae)(3m), Wis. Stat.). If the case needs to be reopened due to the failure of natural attenuation, the insurance covers certain state cleanup and investigation costs. The policy does not cover third-party claims, only the state’s cleanup expenses.

To obtain insurance after investigation and cleanup is complete, submit a request for case closure. Once case closure is approved, submit the insurance application form and fee to the DNR.

The insurance fees for COCs issued from May 16, 2024, to May 15, 2027, are as follows:

Former Use of Property

Size of Property
0 to 4.99 acres 5 acres and above
Residential $5,932 $6,746
Agricultural $10,107 $11,548
Commercial $10,915 $12,449
Light Industrial $13,311 $15,205
Heavy Industrial $17,521 $19,983

*The former property use categories are defined by the master insurance policy. If the property had more than one former use, the higher rate applies. Contact DNR Brownfields staff for a description of each property use category.

**The size of the property is the total combined acreage of a single, legally defined parcel, or multiple contiguous legally defined parcels that are subject to the environmental investigation and cleanup.

Application Form: Voluntary Party Liability Exemption (VPLE) Environmental Insurance Application (Form 4400-224) [PDF]

Additional Resources

VPLE Sites

Additional Information

VPLE laws