§6604c. Management of development soils

Link to law: http://legislature.vermont.gov/statutes/section/10/159/06604c
Published: 2015

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The Vermont Statutes Online



Conservation and Development








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.;


(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


documentation that the development soils concentration levels are approximately

equivalent to or less than the receiving site concentration levels for the same


(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.


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.)