Elective Site Cleanup Agreement Program

The Elective Site Cleanup Agreement (ESCA) Program is a mechanism for the responsible parties of contaminated sites to clean up 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.

ADEQ administers the program, which does not offer a release of liability but does offer participants a means to address historic contamination on their sites without penalty and with known objectives.

What is the Goal of the ESCA Program?

ADEQ offers this program to increase the number of sites that are cleaned up within the state.

Who is Eligible to Participate?

Site owners who are willing to enter into an agreement with the ADEQ and adhere to the terms and conditions of that agreement are eligible for the program.

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. Once the participant and the ADEQ director have signed the document, it will be considered executed, and the cleanup process can begin. Some requirements possible during this process are:

What about My Environmental Liability?

Once you have completed the terms and conditions of the agreement, you will be issued a No Further Action letter stating that 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 use of the site or the use of groundwater through land-use controls or deed restrictions.