Missouri Risk-Based Corrective Action (MRBCA): Managing Contamination Originating Off the Property - PUB2399

This fact sheet applies to sites being addressed under 10 CSR 25-18.010 and associated guidance where investigation data demonstrates contamination has migrated in soil or groundwater onto a property enrolled in the Brownfields/ Voluntary Cleanup Program (BVCP) from an adjacent or nearby property.

When the investigation of a property enrolled in the BVCP finds contamination on the enrolled property did not originate on the property, the BVCP participant must:

• Investigate the portion of the contamination found on their property.
• Assess the risk posed by the contamination.
• If the level of risk is found to exceed applicable standards, conduct remediation or risk management to lower the risk to acceptable standards.

A participant in the Brownfields/ Voluntary Cleanup Program is under no obligation to investigate an adjacent or nearby property for contamination originating on that property. However, in some cases, particularly those involving groundwater contamination, remedial actions might prove difficult if the scope of the actions is not expanded to include the source of the contamination (likewise, the BVCP participant may be unable to demonstrate the groundwater contamination plume is stable without access to the entirety of the plume). In those cases, the BVCP participant must either obtain permission from the adjacent or nearby landowner to access their property and remediate the source of contamination or obtain an agreement from the landowner to address the source her or himself.

If the owner of the source property is unwilling to address the contamination or to allow the BVCP participant access to their property, the Missouri Department of Natural Resources has the option of using an authority other than the BVCP law and regulation to require the adjacent property owner address the contamination or allow the BVCP participant to do so. Whether the department uses such authority to compel investigation and cleanup is dependent on several factors, including the degree of risk posed by the contamination and the specific regulatory authority deemed applicable. In any case, the department cannot issue a certification of completion for a property enrolled in the BVCP at which risk levels exceed acceptable standards, regardless of the source of the contamination.

For Questions Contact BVCP at:
573-526-8913

Additional Information
Missouri Risk-Based Corrective Action (MRBCA) - PUB2187
Missouri Code of State Regulations for Department of Natural Resources