Teresa Marks, Director
5301 Northshore Drive
North Little Rock, AR 72118-5317 
(501) 682-0744

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The Arkansas Department of Environmental Quality (ADEQ) administers an Elective Site Clean-up Program which allows responsible parties to enter into an agreement with ADEQ which will govern the clean-up of sites. The Elective Site Clean-up Program does not offer a release of liability but does offer participants a means to address historic contamination on their site without penalty and with known objectives. ADEQ is working to promote the Elective Site Clean-up Program in order to maximize clean-ups of sites within the state.

What is the “Elective Site Cleanup Agreement Program”?

The Elective Site Cleanup Agreement (ESCA) Program is a mechanism for contaminated sites to cleanup voluntarily and pursuant to the authority of the Hazardous Waste Management Act (Ark. Code Ann. § 8-7-201 et seq.), the Arkansas Remedial Action Trust Fund Act (Ark. Code Ann. § 8-7-501 et seq.) and the Arkansas Pollution Control and Ecology Commission Regulation Number 23, Hazardous Waste Management.

What are the goals of the ESCA Program?

ADEQ is working to increase the number of sites that are cleaned up within the State of Arkansas by offering current owners a means to address historic contamination on their site without penalty and with known objectives.

Who is eligible to participate?

Those site owners who are willing to enter into an Agreement with the Arkansas Department of Environmental Quality (ADEQ) and adhere to the terms and conditions of that Agreement.

How do I enter the ESCA Program?

Submit a letter to the ADEQ Hazardous Waste Division Enforcement Section requesting to enter.

What are the next steps?

An Elective Site Cleanup Agreement will be drafted by the ADEQ and once the Participant and the ADEQ Director have signed the document it will be considered “executed” with the cleanup process beginning.  Some requirements possible during this process are:

• Sampling and Analysis Plan Template (SAP) (PDF)
• A Remedial Activities Plan (RAP)
• A Completion Report

What about my environmental liability?

Once you have completed the terms and conditions of the Agreement you will be issued a letter of “No Further Action” at this time.  This letter states there are no further requirements relating to the investigation of the identified area(s) of concern of hazardous substances at the site.

What about my financial obligations?

Documents that require review and oversight by the ADEQ technical review team will be assessed at the current Corrective Action Document Review (CADR) hourly rate during the cleanup process.  CADR fees will be billed to the Participant.  To find out what rate will apply to your cleanup please see the contact information provided.

Once my site has been cleaned up will it be restricted in any way?

It is possible.  Depending on the level of cleanup that was achieved you may be required to restrict the activity use of the site or the use of groundwater through land use controls or deed restrictions.

Who do I contact for more information?

For more information please contact Richard Healey (501) 682-0879 or by email at healeyr@adeq.state.ar.us

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