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The Vermont Statutes Online



Title

10

:
Conservation and Development






Chapter

159

:
WASTE MANAGEMENT






Subchapter

003
:
BROWNFIELDS REUSE AND ENVIRONMENTAL LIABILITY LIMITATIONS










 

§

6650. Program withdrawal

(a) An applicant

may withdraw from the program at any time, provided the applicant does all the

following:

(1) Files with

the secretary a notice of intent to withdraw from the program.

(2) Ensures that

the site is stabilized. Site stabilization includes any action necessary to

ensure that work conducted at the property will not cause greater risk to human

health and the environment than existed before the remediation work was begun

and to ensure that the property will not pose an imminent hazard to human

health or the environment.

(3) Continues to

comply with the general obligations of section 6644 of this title.

(b) An applicant

may withdraw from the program after the approval of a corrective action plan and

the secretary has granted personal liability protection as authorized in

subsection 6653(b) of this title provided the applicant does all the following:

(1) Meets all

the requirements of withdrawal pursuant to subsection (a) of this section.

(2) Records a

deed restriction on the property approved by the secretary. The deed

restriction shall include:

(A) Any

limitations on the uses of the property based on risk-based exposure criteria

used in developing the corrective action plan.

(B) Prohibitions

against physical changes to the property.

(C) A

requirement that protective barriers to control remaining sources of

contamination be installed and maintained.

(D) Restrictions

on groundwater use and requirements that alternative water supplies be

provided.

(3) Does not

engage in an activity at the property that is inconsistent or interferes with

the approved corrective action plan.

(4) Does not

violate any use restriction imposed on the property by the secretary.

(5) Promptly

reports and addresses contamination caused or exacerbated by a negligent or

reckless action during corrective action. (Added 2007, No. 147 (Adj. Sess.), §

7.)