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. § 6648. Corrective action plan



§ 6648. Corrective action plan

(a) A corrective action plan shall clearly describe the basis and details of a proposed cleanup strategy that includes ensuring technical feasibility, an effective engineering design, reasonable costs, protection of human health and the environment, and compliance with the remediation standards. The corrective action plan shall include all the following:

(1) A description of all releases or threatened releases existing at the property.

(2) A proposed plan for abatement, removal, and remediation of any release or threatened release, including any condition that has led or could lead to a release or threatened release.

(3) A plan for continued monitoring of the property during and after the investigation, abatement, removal, and remediation activities are completed.

(4) A description of applicable remediation standards.

(5) Plans for all the following:

(A) Quality assurance.

(B) Sampling and analysis.

(C) Health and safety considerations.

(D) Data management and record keeping.

(6) A proposed schedule for implementation of each task set forth in the proposed corrective action plan.

(b) The secretary shall evaluate the corrective action plan and shall either approve, approve with conditions, or disapprove the corrective action plan. The applicant shall submit any additional or corrected information requested by the secretary at any time during the evaluation of the corrective action plan.

(c) The secretary may approve a corrective action plan for all or a portion of the releases or threatened releases at the property, provided the secretary determines that the corrective action plan will fulfill both the following:

(1) Activities in the approved corrective action plan and the redevelopment and use of the property will not cause, contribute to, or worsen any release or threatened release of hazardous materials.

(2) The corrective action plan provides for all investigation, abatement, removal, remediation, and monitoring activities required to protect human health and the environment and to meet all applicable remediation standards.

(d) If the secretary approves a corrective action plan that addresses only a portion of the releases or threatened releases at the property, the secretary must find that the releases or threatened releases that are not abated, removed, or remediated pursuant to the corrective action plan do not and will not pose an unacceptable risk to human health and the environment and are in compliance with remediation standards.

(e) Prior to approval of the corrective action plan, the secretary shall provide notice to the public by publishing notice in a local newspaper of general circulation where the property is located and providing written notice to the clerk for the municipality in which the property is located. The clerk shall post the notice in a location conspicuous to the public. The secretary shall review any public comment submitted prior to approval of the corrective action plan. The notice shall include all the following:

(1) A description of any proposed abatement, investigation, remediation, removal, and monitoring activities.

(2) A statement that the secretary is considering approving a corrective action plan that provides for those activities.

(3) A request for public comment on the proposed activities to be submitted within 15 days after publication.

(4) The name, telephone number, and address of an agency official who is able to answer questions and accept comments on the matter.

(f) After approval of a corrective action plan and any amendments to the plan, the secretary shall notify the claimant of all the following information:

(1) A summary of the nature of the contamination identified on the property and the major components of the corrective action plan.

(2) A detailed description of any restrictions on the future use of the property.

(3) The location where all information relating to an approved corrective action plan and site investigation may be reviewed.

(g) The person receiving the approval shall file the notice of approval of the corrective action in the land records of the municipality in which the property is located within 15 days of receipt of the approval. (Added 2007, No. 147 (Adj. Sess.), § 7.)