Voluntary Cleanup for Developments in Tennessee
In the State of Tennessee, developers may enter the Voluntary Cleanup and Oversight Program (VOAP) for properties found during the Phase I Environmental Site Assessment to have Recognized Environmental Conditions, or, RECs. RECs may indicate there is a potential for contaminated soil, soil vapor, or groundwater. The Tennessee Department of Environment and Conservation (TDEC) – VOAP Program is a voluntary program that can help developers address and develop a piece of property which may have pre-existing contamination. As a bonus, if conditions of the program are met a developer may be issued a “No Further Action” letter for the site leading to reduced risk and liability for the development.
The five steps are:
- Perform a Phase I and Phase II Site Assessment
- Prepare, negotiate, and finalize your Brownfield Voluntary Agreement (BVA)
- Conduct Public Notice and Constructive Notice
- Perform agreed actions listed in the BVA
- Obtain Site Closure and a No Further Action letter from TDEC.
How Lord & Winter Can Help
Experience you can trust
We can guide you through the process
A Team Of Professionals
All Appropriate Inquiry
- Site Reconnaissance
An on-site inspection of the parcel to identify whether or not evidence exists of a spill or release to the soil, groundwater, or soil vapor.
- Records Review
A review of city directory records and/or tax records to determine whether businesses with known hazardous waste handling operations operated within the parcel.
- Database Search
A database search to discover whether any permit violations, reported spills or releases, environmental cleanups, or hazardous waste permits occur within the property boundary.
A review of historical aerial photographs, topographic maps, and Sanborn fire insurance maps to identify any evidence of illicit dumping, fueling operations, or other waste storage and handling.
Buyer and seller questionnaires to document any institutional knowledge of hazardous waste operations and clean up, and interviews with state and local agencies to determine whether the site has been listed for leaking underground storage tanks, dry cleaner facilities, or remediation sites.
- Phase 1 ESA Report
A report documenting the results of the site reconnaissance, historical data review, interviews, and other ASTM 1527-13 recommended research items. The report concludes whether or not Recognized Environmental Conditions were found at the property.
Why Due Diligence?
Find out why smart prospective purchasers complete a Phase I Environmental Site Assessment before their purchase
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