The Vermont Statutes Online
Conservation and Development
BROWNFIELDS REUSE AND ENVIRONMENTAL LIABILITY LIMITATIONS
6647. Site investigation
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.
data that quantify the amounts of contaminants migrating along each pathway.
(4) Defines all
relevant sensitive receptors.
the risk of contamination to human health and the environment.
appropriate abatement, removal, remediation, and monitoring activities, taking
into consideration the proposed redevelopment for the property supported by
(7) Provides a
preliminary recommendation supported by sufficient information.
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.
approval of the site investigation work plan, the applicant shall implement the
site investigation in accordance with the approved work plan.
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:
Redevelopment and reuse of the property will not cause, allow, contribute to,
worsen, or delay any release or threatened release of hazardous materials at
(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.)