Vermont Statutes Title 10 Sec. 6644
Terms Used In Vermont Statutes Title 10 Sec. 6644
- Applicant: means a person who has applied for relief from State liability through participation in the Program. See
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Fraud: Intentional deception resulting in injury to another.
- Innocent current owner: means a person that owns real property where a release or threatened release of a hazardous material exists but the person did none of the following:
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: means any individual; partnership; company; corporation; association; unincorporated association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; federal agency; or any other legal or commercial entity. See
- Program: means the Brownfield Property Cleanup Program. See
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Secretary: means the Secretary of Natural Resources or his or her duly authorized representative. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 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.)