Title 10: Conservation and Development
Chapter 159: WASTE MANAGEMENT
Sub-Chapter 003: Brownfields Reuse And Environmental Liability Limitations
10 V.S.A. § 6647. Site investigation
§ 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.)