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. § 6653. Release from liability; personal release from liability



§ 6653. Release from liability; personal release from liability

(a) An applicant who has obtained a certificate of completion pursuant to section 6652 of this title and successor owners of the property included in the certificate of completion who are not otherwise liable under section 6615 for the release or threatened release of a hazardous material at the property shall not be liable under subdivision 6615(a)(1) of this title for any of the following:

(1) A release or threatened release that existed at the property at the time of the approval of the corrective action plan and complies with one or both of the following:

(A) Was discovered after the approval of the corrective action plan by means that were not recognized standard methods at the time of approval of the corrective action plan.

(B) The material was not regulated as hazardous material until after approval of the corrective action plan.

(2) Cleanup after approval of the corrective action plan was done pursuant to more stringent cleanup standards effective after approval of the corrective action plan.

(b) A person who meets the requirements of subsection 6650(b) of this title shall not be liable under subdivision 6615(a)(1) of this title for the release of a hazardous material that is addressed in a corrective action plan approved by the secretary. A release from liability under this subsection is personal and does not run with the property or apply to successors in interest to the property.

(c) A release from liability under this section or forbearance from action provided by section 6646 of this title does not extend to any of the following:

(1) A release or threatened release of a hazardous material that was not present at the time the applicant submitted an application pursuant to this subchapter where the release or threatened release:

(A) has not been addressed under an amended corrective action plan approved by the secretary; or

(B) was caused by intentional or reckless conduct by the applicant or agents of the applicant.

(2) Failure to comply with the general obligations established in section 6644 of this title.

(3) A release that occurs subsequent to the issuance of a certificate of completion.

(d) There shall be no protection from liability under this section or forbearance under section 6646 of this title for a successor if that successor or any of its principals, owners, directors, affiliates, or subsidiaries:

(1) Ever held an ownership interest in the property or in any related fixtures or appurtenances, excluding a secured lender who holds indicia of ownership in the property primarily to assure repayment of a financial obligation, except in the case of an innocent owner.

(2) Directly or indirectly caused or contributed to any release or threatened release of hazardous materials at the property.

(3) Currently operates or controls or ever operated or controlled the operation on the property of a facility for the storage, treatment, or disposal of hazardous materials from which there was a release or threatened release of hazardous materials.

(4) Disposed of or arranged for the disposal of hazardous materials at the property.

(5) Generated hazardous materials that were disposed of at the property. (Added 2007, No. 147 (Adj. Sess.), § 7.)