The Vermont Statutes Online
Conservation and Development
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
(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:
limitations on the uses of the property based on risk-based exposure criteria
used in developing the corrective action plan.
against physical changes to the property.
requirement that protective barriers to control remaining sources of
contamination be installed and maintained.
on groundwater use and requirements that alternative water supplies be
(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.
reports and addresses contamination caused or exacerbated by a negligent or
reckless action during corrective action. (Added 2007, No. 147 (Adj. Sess.), §