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. § 6644. General obligations



§ 6644. General obligations

Any person participating in the program shall do all the following:

(1) Not provide any information required under this subchapter by fraud, intentional misrepresentation, failure to disclose material information, or providing false certification.

(2) Not engage in any activity that is inconsistent or interferes with monitoring, investigation, abatement, removal, or remediation activities or the conditions or restrictions in a certificate of completion.

(3) Provide access to and cooperate with the secretary and any person liable pursuant to section 6615 of this title acting subject to the approval of the secretary for investigation, abatement, removal, remediation, or monitoring activities at the property. The grant of access and all other provisions that the secretary determines necessary may be memorialized in the form of an interest in real property that runs with the land and is binding against successors and assigns.

(4) Comply with all rules and procedures required by the secretary and obtain all necessary permits, certifications, and other required authorizations prior to beginning any site investigation or corrective action plan activities.

(5) If an innocent current owner, pay any additional costs of the secretary's review and oversight of the site investigation or corrective action plan, or both.

(6) Provide the secretary with all documents and information relating to the performance of the investigation, abatement, removal, remediation, and monitoring activities.

(7) Defend, indemnify, save, and hold harmless the state from all claims and causes of action related to, or arising from, acts or omissions of the applicant in performing the site investigation and corrective action plan except in the case of either of the following:

(A) Reimbursement of fees or costs improperly required by and paid to the secretary by the eligible person or successor.

(B) A cause of action related to the state's liability pursuant to subsection 6615(a) of this title. (Added 2007, No. 147 (Adj. Sess.), § 7; amended 2009, No. 134 (Adj. Sess.), § 31.)