The Vermont Statutes Online
Conservation and Development
BROWNFIELDS REUSE AND ENVIRONMENTAL LIABILITY LIMITATIONS
6643. Application process
A person shall
apply to the secretary for participation in the program on a form determined by
the secretary accompanied by a nonrefundable application fee of $500.00. The
application shall include:
(1) A preliminary
environmental assessment of the property, a legal description of the property,
a description of the physical characteristics of the property, the nature and
extent of releases and threatened releases at the property, and the risks to
human health and the environment presented by the releases or threatened
release, and any other information requested by the secretary.
description of the proposed redevelopment and use of the property.
certification that the applicant has given timely notification to the public
that provides a reasonable opportunity for public comment to the secretary
regarding the information and material provided in subdivisions (2) and (3) of
(4) A notarized
certification, on a form provided by the secretary, in which the applicant
attests to all the following:
(A) Each person
who would benefit from liability protection pursuant to section 6653 of this
title has disclosed to the secretary all information currently known to the
person or in the person's possession or control that relates to releases or
threatened releases of hazardous materials at the property.
(B) No person,
including a principal, owner, director, affiliate, or subsidiary, who would
benefit from liability protection pursuant to section 6653 of this title:
holds or ever held an ownership interest in the property or in any related
fixtures or appurtenances, except for either of the following:
(I) A secured
lender's holding indicia of ownership in the property primarily to assure
repayment of a financial obligation.
(II) An innocent
(ii) Directly or
indirectly caused or contributed to any releases or threatened releases of
hazardous materials at the property.
operates or controls or ever operated or controlled the operation at the
property of a facility for the storage, treatment, or disposal of hazardous
materials from which there was a release.
of, or arranged for the disposal of hazardous materials at the property.
hazardous materials that were disposed of at the property. (Added 2007, No. 147
(Adj. Sess.), § 7.)