The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 159: WASTE MANAGEMENT

Sub-Chapter 003: Brownfields Reuse And Environmental Liability Limitations

10 V.S.A. § 6642. Definitions



§ 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.)