When a property is contaminated with hazardous substances there are liabilities associated with the cleanup of the site under Federal and State Superfund laws, regardless of who caused the contamination and when it was caused. Because of this liability, old industrial sites (with contamination) located close to well developed infrastructure do not attract developers or buyers. These individuals prefer to purchase pristine property without contamination known as "greenfield." Under the Voluntary Cleanup Program (VCP) developers and buyers performing the cleanup of contaminated properties would be provided the much needed protection from potential liabilities for past contamination. Thus, they can proceed with the purchase or development of the property with the assurance that they will not be held liable for environmental problems that were a result of past practices at the site.

If you are a current owner of a contaminated property, you may volunteer to cleanup the site before the Department of Natural Resources and Environmental Control (DNREC) orders you to perform a cleanup under the State Superfund law known as the Delaware Hazardous Substance Cleanup Act (HSCA). This could result in a speedier cleanup with less cost of cleanup and litigation. VCP is available to all parties who may be liable for the contamination of a property, but who wish to settle their liabilities with the DNREC under HSCA including prospective purchasers interested in acquiring a contaminated or possibly contaminated property.