What if a partial cleanup is completed?
The law provides for partial cleanup of the known contamination at a property. However, releases of liability only apply to known contamination that is remediated to the satisfaction of the Department. An otherwise responsible party (i.e., the current owner/operator of the property) who undertakes only a partial cleanup does not receive liability protection. An example of a “partial cleanup” is a situation where both soils and groundwater on a property are contaminated, but the party is only proposing to remediate the contaminated soils. In this instance, the Department would require a land use restriction (e.g., a Declaration of Restrictive Covenant pursuant to 38 M.R.S.A. ยง 3001 et seq.) be placed on the property to ensure that public health and the environment are protected. Will the VRAP review environmental site assessments if the results do not indicate a need for remediation? If requested, the VRAP will review ESAs reports at properties that may not require any cleanup. If, in t
