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. § 6650. Program withdrawal



§ 6650. Program withdrawal

(a) An applicant may withdraw from the program at any time, provided the applicant does all the following:

(1) Files with the secretary a notice of intent to withdraw from the program.

(2) Ensures that the site is stabilized. Site stabilization includes any action necessary to ensure that work conducted at the property will not cause greater risk to human health and the environment than existed before the remediation work was begun and to ensure that the property will not pose an imminent hazard to human health or the environment.

(3) Continues to comply with the general obligations of section 6644 of this title.

(b) An applicant may withdraw from the program after the approval of a corrective action plan and the secretary has granted personal liability protection as authorized in subsection 6653(b) of this title provided the applicant does all the following:

(1) Meets all the requirements of withdrawal pursuant to subsection (a) of this section.

(2) Records a deed restriction on the property approved by the secretary. The deed restriction shall include:

(A) Any limitations on the uses of the property based on risk-based exposure criteria used in developing the corrective action plan.

(B) Prohibitions against physical changes to the property.

(C) A requirement that protective barriers to control remaining sources of contamination be installed and maintained.

(D) Restrictions on groundwater use and requirements that alternative water supplies be provided.

(3) Does not engage in an activity at the property that is inconsistent or interferes with the approved corrective action plan.

(4) Does not violate any use restriction imposed on the property by the secretary.

(5) Promptly reports and addresses contamination caused or exacerbated by a negligent or reckless action during corrective action. (Added 2007, No. 147 (Adj. Sess.), § 7.)