Tennessee Brownfield Voluntary Agreement

Maria Souza

68-212-224. Brownfield provides voluntary clean-up and assistance programs. National Voluntary Cleanup Programs (VCP) Memorandum of Understanding (MOA) are agreements between CEPOL regional authorities and government environmental programmes that promote coordination and define general roles in site clean-up. The agreement can also give public opinion confidence that CEPOL and the public authority work in a coordinated manner. Over time, the use of MOAs as a mechanism for strengthening EPAs and government coordination at contaminated sites has grown. (a) (1) A voluntary clean-up control and support program is being set up for the voluntary rehabilitation of Brownfield projects. The delegate may enter into voluntary agreements or approval orders for the review and/or rehabilitation of these sites or projects with a willing and capable person; However, provided that a voluntary agreement is not applied with a person who has produced, transported or released a contamination to be treated at the site. (F) Other information that should reasonably be considered essential to the Commissioner`s decision to enter into a voluntary agreement or approval decision. 2. Once an authorisation decision has been issued, the Commissioner has the authority to issue a Notice of Approval and is entitled to allocate funds from the Recovery Fund to pay for this part of the investigation, clean-up, monitoring, maintenance and monitoring of an inactive danger point, as long as these expenses are not allocated in accordance with the approval order of the potentially responsible party conducting the inspection and clean-up of the inactive treatment site in accordance with this program.

The delegate is authorized to seek the recovery of such expenses under the recovery fund from other responsible parties, in their respective share of responsibility, by means of recourse, by exercising the powers and obligations of the member of the Commission set out in this part; when the approval decision establishes a distribution of responsibility for the potentially responsible party participating in the voluntary program, the delegate cannot assess the participant for a share of responsibility greater than the allocation set out in the approval order. (f) If a person does not meet all of the requirements set out in an agreement or a voluntary consent warrant, the delegate may attempt to enforce the voluntary agreement or consent order by appeal.