Voluntary Party Liability Exemption (VPLE)

• Program Basics
• Application Process and Fees
• Current VPLE Sites
• 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, of the Wisconsin Statutes. 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.

Background

• Fact Sheet: Voluntary Party Remediation and Exemption from Liability (Primary VPLE Guidance) (RR-506) [PDF, 299KB]
• Wisconsin Statue section 292.15
• Wisconsin Administrative Rules: NR 750 and 754
• September 15, 2006 Report to Legislature on Status of VPLE [PDF, 30KB] (Required under s. 292.25, Wis. Stats.)

Back to Top

Application Process and Fees

NOTE NEW APPLICATION PROCESS: To participate in the Voluntary Party Liability Exemption process, you must follow the application process that is 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..

HOT TIP: 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].

As of July 2007, VPLE oversight and technical review is billed at a rate of $90 an hour.

Back to Top

Current VPLE Sites

Currently there are 129 properties in the VPLE program, and 84 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, 17KB] (updated 7/1/08)
• List of properties that have received certificates of completion [PDF, 18KB] (updated 7/1/08)
• 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

Back to Top

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, 133KB]
• 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.

Back to Top

VPLE & PECFA

The following fact sheet was created to assist people who are seeking the VPLE for sites with contamination from petroleum aboveground and underground storage tanks and people using the Petroleum Environmental Cleanup Fund Act (PECFA) to pay for the environmental cleanup:

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

Back to Top

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 following Land Recycling Team Contact.

Back to Top