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Voluntary Remediation Program

SFRailyard

Santa Fe Railyard. Remediation completed 2006.

New Mexico’s Voluntary Remediation Program provides incentives for the voluntary remediation of contaminated properties and encourages their redevelopment.

Participants who successfully complete the program receive site closure documentation from NMED and liability protection for lenders and future purchasers.


Michelle Hunter, Team Lead
(505) 827-2242

Ali Furmall
(505) 827-0078

VRP Sites:

(Public Record) PDF / Excel

VRP Resources:

 

Who should consider the VRP?

You may want to consider the VRP if you own a property that has contamination, or a property that may be perceived to have contamination. Participating in the VRP will allow you to clarify and address contamination issues so that you can proceed with your plans for the property.

If you are considering purchasing a property that has contamination issues, participating in the VRP will mitigate the risk of future unknown liabilities for both you and your lender. The VRP is also worth your consideration if you operate or plan to operate a facility at a potentially contaminated site.
 

What are the benefits?

Certificate of Completion – When the terms of the Voluntary Remediation Agreement have been successfully completed, the participant is entitled to a Certificate of Completion which confirms that the contamination has been mitigated to the satisfaction of NMED. If post-completion requirements are necessary, such as monitoring, land-use restrictions, or engineering controls, NMED will issue a Conditional Certificate of Completion that identifies the required actions. 

Enforcement Shield – NMED may not initiate an enforcement action against a participant for the contamination that is the subject of the voluntary remediation agreement, as long as the participant is successfully implementing the agreement within a reasonable time. In addition, in accordance with a Memorandum of Agreement, the U.S. EPA has agreed not to undertake response or enforcement actions under CERCLA at VRP sites. 

Covenant Not to Sue – Upon successful completion of the remediation, a prospective purchaser who did not contribute to the contamination at the site will receive a Covenant Not to Sue from NMED for any direct or future liability for claims based upon the contamination covered by the Voluntary Remediation Agreement.

Liability Protection – The Voluntary Remediation Act protects lenders from liability under any NMED environmental protection program and from responsibility for response action costs. Future owners receive liability protection through the Covenant Not to Sue.

 

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