Prospective Purchaser Agreements
The Prospective Purchaser Agreement (PPA) program is designed to assist parties and DNREC in determining whether or not remedial activities are warranted at a site. The PPA has been developed so that any non-liable person interested in purchasing a site can conduct site assessments and/or remedial actions with proper oversight from the DNREC and receive liability protections under 7 Del.C. Ch 91 after a Certificate of Completion of Remedy has been issued. DNREC will provide oversight as long as the Department is reimbursed for the cost of its oversight activities.
DNREC's Site Investigation & Restoration Section (SIRS) welcomes your application for admission into the Prospective Purchaser Agreement program. In the application, you will be required to give details of any past investigations conducted at the site along with the affirmation that you are not a Potential Responsible Party for the site. Based on the information provided, SIRS will determine the eligibility of the site to be cleaned up under the PPA program. If the site is determined to be eligible, you will be required to sign a Perspective Purchaser Agreement prior to taking title to allow SIRS to oversee the investigation and cleanup of the site and to pay for the costs of SIRS’s oversight. Typically, a deposit is required up front.
You can terminate the PPA at any time during the investigation and cleanup (subject to certain conditions) but purchaser will become a Potential Responsible Party. Any remaining monies from the deposit will be returned to you at the end of the cleanup or at the time of termination of the agreement.