Voluntary Party Liability Exemption (VPLE)

• Program Basics
• Eligible Applicants
• Cleanup Standards
• Want More Information?
• Application Process and Fees
• Current VPLE Sites
• Featured Success Story!
• VPLE Insurance for Natural Attenuation
• VPLE & PECFA
• Contacts

Program Basics

Any individual, business or unit of government that conducts an environmental investigation and cleanup of a contaminated property – following state requirements with the oversight of Department of Natural Resources (DNR) staff – can receive an exemption from future environmental liability. This liability exemption applies to releases of hazardous substances that occurred before the exemption is granted.

The Voluntary Party Liability Exemption (VPLE) is implemented by the DNR and described in s. 292.15, Wis. Stats. This exemption was initially created in 1994 by Wisconsin Act 453.

Eligible Applicants

The Voluntary Party Liability Exemption 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.

Cleanup Standards

Properties cleaned up through the VPLE process must conduct the environmental investigation and response actions in accordance with the same cleanup standards as any environmental cleanup conducted in Wisconsin. For more information see the cleanup process page and the cleanup regulations page.

Want More Information?

• Voluntary Party Remediation and Exemption from Liability - Fact Sheet 2 (RR-506) [PDF 299KB]
• VPLE Reports to the State Legislature
• 2008 Report to Legislature on Status of VPLE [PDF 34KB] (Required under s. 292.25, Wis. Stats.)
• 2006 Report to Legislature on Status of VPLE [PDF 30KB] (Required under s. 292.25, Wis. Stats.)
• Wisconsin VPLE Laws
• Wisconsin Statue section 292.15
• Wisconsin Administrative Rules: NR 750 and NR 754

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Application Process and Fees

Application Process

To participate in the Voluntary Party Liability Exemption process, you must follow the application process described in "VPLE Revised Interim Eligibility Determination Process" (RR-770) [PDF 61KB].

A completed application form (Form 4400-178) should be sent to the regional DNR Land Recycling contact listed below. Enclose a cover letter demonstrating your eligibility and your $250 application fee, payable to the Wisconsin Department of Natural Resources, with your application.

Within 30 days of receiving your letter of eligibility, you must send the DNR an advanced deposit of $1,000 for properties less than one acre and $3,000 for properties one acre or larger. If the cost of the hourly oversight fees is less than the advance deposit, you will receive a refund from the DNR. These fees are used to cover DNR oversight costs..

Please submit a separate application for each property. A property is a single parcel of land owned, to be purchased or leased by the applicant, with the entire legal description found on one deed and which has been conveyed as an undivided parcel in the past.

• Voluntary Party Exemption Application (Form 4400-178) [PDF 28KB]
• VPLE Revised Interim Eligibility Determination Process (RR-770) [PDF 61KB].

Fees

As of July 1, 2009, VPLE oversight and technical review is billed at a rate of $100 an hour.

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Current VPLE Sites

Currently there are 125 properties in the VPLE program, and 90 sites have completed their cleanups and received a Certificate of Completion.

To view properties in the VPLE that have been cleaned up and redeveloped, please go to our Success Stories page.

• List of properties currently in the VPLE process [PDF 16KB] (updated 10/1/09)
• List of properties that have received certificates of completion [PDF 17KB] (updated 10/1/09)
• To view information by DNR region, including photos, for each property that has completed the VPLE process, see the pages below:
• Certificates of Completion in Northern Region
• Certificates of Completion in Southeast Region
• Certificates of Completion in Northeast Region
• Certificates of Completion in West Central Region
• Certificates of Completion in South Central Region

Featured Success Story

Royal Credit Union, 200 Riverfront Terrace, Eau Claire, Eau Claire County

BRRTS # 06-18-415978
Acres: 3.8 acres
Prior Uses: The property supported railroad associated activities and a sewer pipe manufacturing plant in the late 1880's into the early 1890's. Businesses under the names Northern Sewer Pipe Company (1880's), Wm. Lister (1890's), Eau Claire Boiler Works (1890's), Smith Crockery Co. (1890's), Airis Coal & Building Materials (1930's - 1950's) and Krammer's Fuel Co. (1950's) have occupied portions of the property over the years.

Railroad tracks of the Chicago, Milwaukee, St. Paul and Pacific Railroad crossed the property and a freight depot was located at the northwest corner of Barstow Street and Railroad Street. A manufactured gas plant was constructed in 1901 and occupied a portion of the property. The plant converted coal to gas and operated on the site until 1947, when gas supplies were converted to propane.

Xcel Energy completed a remediation project consisting of demolition of the retort building and meter shop along with excavation and off-site disposal of purifier box waste, coal tars and contaminated soils.
Current Use: Royal Credit Union Corporate Center
Assistance Received: general liability clarification letter and VPLE Program
DNR Contact: Loren A. Brumberg, 715.839.3770

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VPLE Insurance for Natural Attenuation

Parties seeking the VPLE for sites using Natural Attenuation must take part in the DNR's insurance program.

• Fact Sheet: Insurance for Voluntary Party Liability Exemption Sites Using Natural Attenuation: Information and Fee Schedule (RR-661) [PDF 125KB]
• Application Form: Voluntary Party Liability Exemption (VPLE) Environmental Insurance Application (Form 4400-224) [PDF 13KB]
• Wisconsin Brownfields Insurance Program (WBIP) - This is an optional program to encourage brownfields cleanup and redevelopment. It is not limited to VPLE sites.

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VPLE & PECFA

Please read the following fact sheet if you are seeking the VPLE for sites with contamination from petroleum aboveground and underground storage tanks, or if you are using the Petroleum Environmental Cleanup Fund Act (PECFA) to pay for the environmental cleanup:

• Clarification of Procedures for Parties Seeking the Voluntary Party Liability Exemption (VPLE) for Petroleum Contaminated Sites - Fact Sheet 14 (RR-677) [PDF 70KB]

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Contacts

Questions about the Voluntary Party Liability Exemption should be directed to the Land Recycling Team contact in your local DNR regional office. Please see the map to determine which region your property is located within. Applications should be mailed to the appropriate contact below.

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For more information on this specific page, contact:

Michael Prager
608.261.4927