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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.)
