Application submission requirements for parties using the Maine Voluntary Response Action Program (VRAP)

Updated July 19, 2024

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A key to a timely and thorough review of a Voluntary Response Action Program (VRAP) application is submittal of a complete and comprehensive application. This guidance outlines what a complete VRAP application must include. Applications should be submitted electronically to the VRAP Program Manager. When applying to VRAP, the following items must be addressed for VRAP staff to review the submittal and make decisions regarding the need for further assessment and/or remediation:

  • Signed VRAP application. When providing the proposed “Site Name” in an application, please use the Maine DEP name for the site, if one exists at the time of application submission (e.g., as it appears in DEP’s Remediation Sites Database or a site name from another DEP program with prior involvement). If none exists, please supply a suggested site name, but try to avoid street address names and/or the use of the word “former”, if possible.
  • A cover letter containing the following information:
    • A narrative description of the future proposed redevelopment of the site, if any. A narrative description of the environmental contamination identified and remedy proposed at the site. Please provide as much detail as you are able.
    • VRAP application fee amount being submitted and associated documentation. See below for more information regarding application fee calculation and payment options.
    • List of supporting reports that accompany the application. The reports themselves should be submitted electronically as separate PDF files.
    • Determination of the presence or absence of private or public water supplies located within a 2500 foot radius of the subject property. The locations of any identified water supplies within 2500 feet of the site should be included on a map. See Search for public or private water supplies at VRAP sites for more information.
    • Determination of the appropriate classification of the project in the VRAP Public Communication Decision Matrix.
    • An aerial photo type map clearly depicting the site location and the approximate boundaries of the site.
    • A simplified 8.5 x 11 figure for use as an attachment in final VRAP certification documents. A B&W line drawing is preferred, marked with clear site boundary, map/lot numbers, legend, scale, and adjacent streets named. No aerial photos or shading since it won’t scan well, no small font, keep it simple. The intent of this figure is to show the approximate site boundaries only – it is not a legal survey. Final VRAP certification documents must be recorded at the registry of deeds. We have seen an increasing number get rejected by registries in recent years because the registry determined the site figure would scan poorly. We are trying to avoid this.
  • VRAP application fee. Indicate the VRAP application fee amount that was submitted, how it was calculated, and a copy of the tax card supporting the determination of that fee.
    • The current VRAP application fee was implemented on January 1, 2018, as outlined in 38 M.R.S. § 342(15). The application fee is equal to 1% of the assessed value of the property, and it must be submitted at the time of application. This fee is capped at $15,000. The assessed value is the most recent value the municipality places on the property for tax purposes (land and buildings). A copy of the municipal tax record or tax card showing the assessed value must be included with the application. No other fees will be assessed by VRAP, regardless of the level of effort for the project.
    • Indicate how the application fee is being paid (DEP online payment portal or by mailing a check). If using the online payment portal, you must provide a copy of the receipt the portal generates to the VRAP Program Manager because the system will not automatically notify VRAP staff of payment. Mail paper checks to: Maine DEP; Attn: VRAP Application; 17 SHS; Augusta, ME 04333-0017. Checks should be made payable to “Treasurer, State of Maine” for deposit into the Maine Uncontrolled Sites Fund. Add a note on the check stating “VRAP Application, site address.” All application fee payments are non-refundable.
    • The Department may require a new application and fee for older VRAP sites that were previously certified and which are being updated based on more current environmental investigations. A new fee may also be required at sites which previously applied under the old application fee structure, which never completed the VRAP process, or have not been actively participating in VRAP. This will be determined by the VRAP Program Manager on a case-by-case basis.
  • Electronic “PDF” copies of all supporting reports/documents must be submitted (no paper copies). Individual assessment reports should be submitted as separate unique PDF files that include all associated attachments and appendices (i.e., refrain from combining multiple unique reports into one PDF). We recommend the use of a file transfer/download site to transmit documents due to size limitation issues with email attachments >25MB. Submit applications and related documents electronically to the VRAP Program Manager at the time of application.
  • Provide all recent analytic data in “EDD” format. Related guidance on EDDs. Maine accredited labs should be used for all analyses.

In general, any Phase I or Phase II’s submitted that rely heavily on any previous reports should include copies of those referenced reports, if not previously provided to DEP.

Phase I environmental site assessments should be current and performed in accordance with EPA’s “All Appropriate Inquiry” rule and/or current ASTM Standard Practice (e.g., ASTM E1527-YY).

A Maine Licensed Geologist must stamp any work that includes hydrogeological interpretation. A Maine Licensed Professional Engineer must stamp any engineered remedial designs.

Following this guidance when submitting an application will help VRAP staff make timely decisions regarding proposed actions at a property. VRAP will not act on any applications that are not complete.

Direct any questions to the VRAP Program Manager.

Search for public or private water supplies at Maine Voluntary Response Action Program (VRAP) sites

This guidance clarifies what constitutes a sufficient effort to determine if public or private water supplies are within 2500 feet of a VRAP site.

Given that VRAP sites can potentially be impacted by both hazardous materials and petroleum, 2500 feet was chosen as an appropriate radius. If you have an area that is not serviced by public water, we will assume that all the properties have private water supplies and you need only supply the location of the closest water supply in each direction from the site (i.e. no pre-determined radius requirement).

For all other sites that are apparently serviced by public water supplies, the first course of action should be to inquire about the service area for the water company, ensuring that all areas within a 2500 foot radius are serviced with waterlines, and that the source (i.e., supply well) of the public water is not located within 2500 feet of the site. Secondly, water company personnel should be asked if they know of any private wells or properties that are not connected within the prescribed radius. Ultimately, you will also need to ensure that all the properties (as defined on a municipal tax map) with structures are being billed by the water company. Any public or private wells identified during the survey should be identified on a map accurately depicting the location of these wells in relationship to the subject site.

In addition to contacting the water company, you may also choose to check the Maine Geological Survey’s private well database, although that database is not comprehensive.

A windshield/physical survey is appropriate if the information provided by other sources is not conclusive.

If a site is located in close proximity to a major surface water body, the radius does not need to extend in that direction. Brooks, streams, and farm ponds are not considered “major surface water bodies” for the purposes of this guidance.

Well survey materials collected during the prior investigation of nearby VRAP sites is also acceptable as part of the submission. Our intent is not to “reinvent the wheel” when perfectly good information is readily available. However, if prior well survey material is more than three years old, it should not be relied upon in meeting this application submission requirement.