§6642. Definitions

Link to law: http://legislature.vermont.gov/statutes/section/10/159/06642
Published: 2015

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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










 

§

6642. Definitions

As used in this

subchapter:

(1)

"Applicant" means a person who has applied for relief from State

liability through participation in the program.

(2)

"Brownfield site" means real property, the expansion, redevelopment,

or reuse of which may be complicated by the release or threatened release of a

hazardous material. "Brownfield site" does not include any of the

following:

(A) A facility

that is the subject of a planned or ongoing removal action under CERCLA.

(B) A facility

that is listed as a CERCLA site or is proposed for listing.

(C) A facility

that is the subject of any State or federal administrative or court order under

any of the following authorities:

(i) 42 U.S.C. §

9601 et seq. (CERCLA) or 10 V.S.A. § 6615 (State hazardous materials

remediation).

(ii) 42 U.S.C. §

6901 et seq. (Solid Waste Disposal Act) or 10 V.S.A chapter 159 (solid waste or

hazardous waste).

(iii) 33 U.S.C. §

1251 et seq. (federal Water Pollution Control Act) or 10 V.S.A. chapter 47

(water pollution control).

(iv) 15 U.S.C. §

2601 et seq. (Toxic Substances Control Act).

(v) 42 U.S.C. §

300f et seq. (Safe Drinking Water Act) or 10 V.S.A. chapter 56 (public water

supply).

(D) A facility

that is subject to either of the following:

(i) Corrective

action under 42 U.S.C. § 6924(u) or 6928(h).

(ii) Corrective

action permit or order issued or modified to require the implementation of

corrective measures.

(E) A land

disposal unit in regard to which both of the following apply:

(i) A closure

notification under subtitle C of 42 U.S.C. § 6921 et seq. has been submitted.

(ii) Closure

requirements have been specified in a closure plan or permit.

(F) A facility

that is subject to the jurisdiction, custody, or control of any instrumentality

of the United States, except for land held in trust by the United States for an

Indian tribe.

(G) A portion of

a facility to which both the following apply:

(i) A release of

polychlorinated biphenyls has occurred.

(ii) Is subject

to remediation under 15 U.S.C. § 2601 et seq. (Toxic Substances Control Act).

(H) A portion of

a facility for which assistance for response activity has been obtained under

subtitle I of 42 U.S.C. § 6991 et seq. (Solid Waste Disposal Act) from the

Leaking Underground Storage Tank Trust fund established under 26 U.S.C. § 9508.

(3)

"CERCLA" means the Comprehensive Environmental, Response,

Compensation, and Liability Act, 42 U.S.C. § 9601 et seq.

(4) "Innocent

current owner" means a person that owns real property where a release or

threatened release of a hazardous material exists but the person did none of

the following:

(A) Held an

ownership interest in the property or in any related fixtures or appurtenances,

excluding a secured lender's holding indicia of ownership in the property to

assure the repayment of a financial obligation at the time of any disposal of

hazardous materials on the property.

(B) Directly or

indirectly caused or contributed to any releases or threatened releases of

hazardous materials at the property.

(C) Operated or

controlled the operation at the property of a facility for the storage

treatment or disposal of hazardous materials at the time of the disposal of

hazardous materials at the property.

(D) Disposed of

or arranged for the disposal of hazardous materials at the property.

(E) Generated

the hazardous materials that were disposed of at the property.

(5)

"Program" means the Brownfield Property Cleanup Program.

(6)

"Remediation standards" means standards developed by the Secretary

for the remediation of contaminated properties. The Secretary shall determine

appropriate remediation standards on a site-specific basis and shall consider

all the following:

(A) Future land

use and the appropriate use of institutional controls.

(B)

Environmental media, including soil, groundwater, surface water, and air.

(C) Requirements

for source removal, treatment, or containment.

(D) Appropriate

use of monitored natural attenuation.

(E) Any other

issue related to the protection of public health and the environment. (Added

2007, No. 147 (Adj. Sess.), § 7.)
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