State Cleanup Program and Voluntary Remediation Program Sites to Submit Annual Report

By Brianna Schroeder, Janzen Ag Law LLC and Vincent Kesic, IU McKinney

The Remediation Services Branch of Indiana Department of Environmental Management Office of Land Quality is now asking that all State Cleanup Program and Voluntary Remediation Program sites submit an annual report. The Remediation Services Branch created a form that can be used for both types of sites. The annual report must include a summary of information relating to the site’s information, including completion status, contaminant risk exposure issues, work implemented in the prior year, schedule for implementation of activities in the current year, administrative record documents submitted to the Indiana Department of Environmental Management (IDEM), site owner information, delineation status, schedules for the site and more.

For the Voluntary Remediation Program, this annual report will satisfy the requirement of Ind. Code § 13-25-5-15 for regular reports to the commissioner concerning the remediation and satisfies the progress report requirement in the current Voluntary Remediation Agreement. The progress reports assure the public and IDEM are on the same page and have a fair reading on the progress of site cleanup. For the State Cleanup Program, the annual report will satisfy the requirement for annual report progress under the Scope of Work contained in Notice of Liability and Information Request letters. However, these annual reports will not be in lieu of other required reports and plans, such as site characterization and implementation of remedial actions. The annual report form, State Form #57108, can be found online here.

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