Preliminary Assessment Program

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The majority of sites assessed by DEQ do not warrant remedial action based on current uses. In the cases where DEQ finds that a substantial risk exists, one of several actions may occur.

• The current owner or responsible party may voluntarily act to abate or manage risks at the property, although no formal agreement is required.
• If there is a responsible party who is willing to work with DEQ to manage or abate risks, the property owner may participate in DEQ’s Voluntary Cleanup Program and implement corrective action.
• If a public entity is willing to take ownership of the site and abate or manage risks, the property may be a candidate for DEQ’s Brownfields Program.
• None of the property owners who have participated in the program are cleaning up sites due to regulatory action by DEQ. However, DEQ does have a regulatory obligation to address environmental threats and may instigate an administrative action by issuing the responsible party (owner/operator) a Notice of Violation (NOV) consistent with the Hazardous Waste Management Act (HWMA) or Environmental Protection and Health Act (EPHA). After issuing an NOV, DEQ will seek to alleviate the existing threat and may pursue penalties for violations of state law and cost recovery.
• In the event of no responsible party and an imminent and substantial threat to human health and/or the environment, DEQ’s director may make a hazardous waste emergency declaration. This declaration would allow DEQ to use emergency response funds to hire remediation specialists to clean up the site. Emergency response funds are drawn from penalties imposed on responsible parties who have violated the HWMA.
• If state funding is unavailable or the site falls under federal jurisdiction, the site may be placed on the EPA National Priority List. EPA then leads the site cleanup effort.

The Preliminary Assessment Program can help landowners and communities distinguish between sites that pose little or no threat to human health or the environment and sites that require additional investigation and cleanup. DEQ accepts applications from landowners looking for assistance in determining the condition of their property. Due to funding considerations, priority will be given to sites where potential contamination poses the most substantial threat to human health or the environment.

Contact DEQ’s Preliminary Assessment Program Coordinator if you have questions.

• Preliminary Assessment Application

DEQ prepares preliminary assessment and site inspection reports of mine and industrial sites. DEQ’s work at these sites ranges from acquiring legal access to completing a preliminary assessment or site inspection report. Some of the sites may also have links to engineering plans or construction completion reports for remedial action. Final preliminary assessment or site inspection reports are usually completed by DEQ within 5 to 6 months after conducting a site visit.

Note: Listed sites are private properties. Do not enter without the owner’s permission. If authorized, avoid contact with hazardous materials and respect the property’s historical significance.