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The Vermont Statutes Online
Title
10
:
Conservation and Development
Chapter
159
:
WASTE MANAGEMENT
Subchapter
001
:
GENERAL PROVISIONS
§
6604c. Management of development soils
(a)(1) The
Secretary shall not require a person that manages development soils in a manner
that meets the requirements of this section to take corrective action
procedures pursuant to section 6615b or 6648 of this title or to obtain a solid
waste certification under this chapter for the management, transport, or
receipt of development soils, provided that:
(A) the soils
are removed from an origin site located in a designated downtown development
district, growth center, neighborhood development area, TIF district, or
village center;
(B) the origin
site or the receiving site of the development soils is not:
(i) the subject
of a planned or ongoing removal action under the Comprehensive Environmental,
Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq.;
or
(ii) listed or
proposed for listing as a CERCLA site under 42 U.S.C. § 9605; and
(C) the
investigation and management of development soils occur under plans submitted
and approved pursuant to subsection (b) of this section.
(2) This section
shall apply to the management of development soils only until the Secretary
adopts rules under this chapter for the management of development soils,
provided that those rules satisfy all of the requirements of subsection (d) of
this section.
(b) Development
soils cleanup requirements.
(1) The
development and implementation of plans and work performed pursuant to plans
under this section shall be supervised and certified by an environmental
professional, as that term is defined in 40 C.F.R. § 312.10.
(2) Prior to the
commencement of construction activities, a person applying to manage
development soils under this subsection shall provide the Secretary with:
(A) complete
investigation workplans for the origin site and the proposed receiving site
that include:
(i) for the
origin site, representative sampling and analysis of the development soil
proposed for management under this section for PAHs, arsenic, and lead;
(ii) for the
receiving site, representative in situ surface soil sampling and analysis for
PAHs, arsenic, and lead;
(iii) at least
one synthetic precipitation leachate procedure analysis representative of the
development soil to determine likelihood of adverse impacts to groundwater; and
(iv) establishment
of approximate seasonal depth to groundwater and underlying soil stratigraphy
at the receiving site;
(B) a report of
the results of any approved investigation workplan;
(C) the
management plans for the origin site and proposed receiving site, which;
(i) shall
demonstrate that the management of the development soils will meet all
applicable Vermont Water Quality Standards and will not present an unreasonable
threat to groundwater, surface water, human health, or the environment; and
(ii) for a
receiving site, shall include a description of the siting, construction,
operation, and closure of the receiving site; and
(D)
documentation that the development soils concentration levels are approximately
equivalent to or less than the receiving site concentration levels for the same
contaminants.
(3) Upon receipt
of a complete work plan submitted under subdivision (b)(2)(A) of this section
or a complete management plan submitted under subdivision (b)(2)(C) of this
section, the Secretary shall make a final determination as to whether the
investigation workplan or management plan submitted under this subsection
satisfies the requirements of subdivision (b)(2)(A) of this section for
investigation work plans or subdivision (b)(2)(C) of this section for
management plans. Prior to making a final determination on a management plan
under this section, the Secretary shall allow for a public comment period on
the plan for no less than 14 days. The Secretary shall hold a public
informational meeting on a management plan upon request from any person. The
Secretary shall issue a final decision regarding the investigation work plan or
management plan within 45 days of receipt of the respective plan.
(4) Upon the
submission of a final report documenting implementation of the management plan,
the Secretary shall make a final determination as to whether the developer has
satisfied all requirements of the management plan within 45 days of receipt of
the developer's request for such a determination.
(c)
Notwithstanding the requirements under subdivision (b)(2) of this section for
submission of required materials prior to the commencement of construction,
development soils stockpiled on municipal properties as of the effective date
of this section shall be eligible for management under the provisions of this
section, provided that the requirements of subdivision (a)(1) and subsection
(b) of this section are otherwise met.
(d) On or before
July 1, 2016, the Secretary shall adopt rules that allow for the management of
excavated soils requiring disposal that contain PAHs, arsenic, or lead in a
manner that ensures protection of human health and the environment and promotes
Vermont's traditional settlement patterns in compact village or city centers.
At a minimum, the rules shall:
(1) include
statewide or regional background concentration levels for PAHs, arsenic, and
lead that are representative of typical soil concentrations and found
throughout existing development areas;
(2) specify that
development soils with concentration levels equal to or lower than the
background concentration levels established by the Secretary shall not be
defined as or required to be treated as solid waste;
(3) include
criteria for determining site-specific maximum development soil concentration
levels for PAHs, arsenic, and lead;
(4) in addition
to disposal at a certified waste facility, adopt procedures for the management
or disposal of development soils that have concentration levels that exceed
residential soil screening levels, but are below the site-specific maximum
development soils concentration levels;
(5) adopt a
process to preapprove sites to receive development soils from multiple
developments; and
(6) be designed
to provide that the criteria established under subdivision (3) of this
subsection and the process developed under subdivision (4) of this subsection
shall be no less protective of human health and the environment than the
standard for development soils and the process established under subsection (b)
of this section.
(e) At any time,
the Secretary may adopt by rule background and maximum concentration levels for
other potentially hazardous material in soils such that the development soils
containing these other materials would be categorized and treated according to
the rules adopted by the Secretary under subsection (d) of this section. (Added
2015, No. 52, § 3, eff. June 5, 2015.)