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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










 

§

6647. Site investigation

(a) The

applicant shall submit a site investigation work plan to the secretary. The

work plan shall identify the person or persons who will conduct the site

investigation. The work plan shall provide a site investigation that satisfies

all the following objectives:

(1) Defines the

nature, source, degree, and extent of the contamination.

(2) Defines all

possible pathways for contaminant migration.

(3) Presents

data that quantify the amounts of contaminants migrating along each pathway.

(4) Defines all

relevant sensitive receptors.

(5) Determines

the risk of contamination to human health and the environment.

(6) Identifies

appropriate abatement, removal, remediation, and monitoring activities, taking

into consideration the proposed redevelopment for the property supported by

sufficient information.

(7) Provides a

preliminary recommendation supported by sufficient information.

(b) The

secretary shall evaluate the site investigation work plan and shall either

approve, approve with conditions, or disapprove the site investigation work

plan. If the secretary approves the site investigation work plan with

conditions or disapproves the work plan, the applicant shall submit a revised

site investigation work plan for approval, or the applicant shall withdraw from

the program. The applicant shall submit any additional or corrected information

requested by the secretary at any time during the evaluation of the site

investigation work plan.

(c) After

approval of the site investigation work plan, the applicant shall implement the

site investigation in accordance with the approved work plan.

(d) After

completion of the site investigation, the applicant shall submit a site

investigation report that describes the information gathered and provides recommendations

that address the items identified in subsection (a) of this section. The

secretary may approve the site investigation report or, prior to approval, may

require revisions to the report or further site investigation work under an

amended site investigation work plan, or both.

(e) If the

approved site investigation report concludes that no further investigation,

abatement, removal, remediation, or monitoring activities are required to

protect adequately human health and the environment and to meet all applicable

remediation standards, then the applicant may request a determination from the

secretary that no additional investigation, abatement, removal, remediation, or

monitoring activities are required. The secretary may make that determination if

the secretary determines both the following:

(1)

Redevelopment and reuse of the property will not cause, allow, contribute to,

worsen, or delay any release or threatened release of hazardous materials at

the property.

(2) The releases

or threatened releases that are not abated, removed, or remediated do not pose

an unacceptable risk to human health, and the environment and applicable

remediation standards are met.

(f) If the

approved site investigation report concludes that abatement, removal,

remediation, or monitoring activities are required to protect adequately human

health and the environment and to meet all applicable remediation standards,

the applicant shall submit a corrective action plan in accordance with section

6648 of this title. (Added 2007, No. 147 (Adj. Sess.), § 7.)