Vermont Statutes Title 10 Sec. 6645
Terms Used In Vermont Statutes Title 10 Sec. 6645
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Applicant: means a person who has applied for relief from State liability through participation in the Program. See
- Brownfield site: means real property, the expansion, redevelopment, or reuse of which may be complicated by the release or threatened release of a hazardous material. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Hazardous material: means all petroleum and toxic, corrosive, or other chemicals and related sludge included in any of the following:
- 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:
- 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
- Release: means any intentional or unintentional action or omission resulting in the spilling, leaking, pumping, pouring, emitting, emptying, dumping, or disposing of hazardous materials into the surface or groundwaters, or onto the lands in the State, or into waters outside the jurisdiction of the State when damage may result to the public health, lands, waters, or natural resources within the jurisdiction of the State. See
- Secretary: means the Secretary of Natural Resources or his or her duly authorized representative. See
§ 6645. Eligibility
Not more than 30 days after the Secretary receives a complete application, the Secretary shall determine eligibility and provide written notice to the applicant of the Secretary’s determination. A person is eligible for participation in the Program if the Secretary determines all the following:
(1) There is a release or threatened release of hazardous material at the property that the person proposes for remediation and redevelopment.
(2) The applicant is not liable pursuant to section 6615 of this title for any release or threatened release of a hazardous material at the property or the person is an innocent current owner of the property. The Commissioner may accept an affidavit of innocence or may request further information and investigate to determine compliance with this section. Any determination of innocence or liability under this subdivision is solely for the purpose of the initial eligibility determination for this Program and shall have no collateral effect in other proceedings.
(3) The property is a Brownfield site, or the Secretary determines, on a site-by-site basis, both the following:
(A) The property is not a Brownfield site because it is excluded pursuant to subdivision 6642(2)(A), (C)(ii)—(v), (D), (E), (G), or (H) of this title.
(B) Participation in the Program will promote the Program objectives identified in subsection 6641(a) of this title. (Added 2007, No. 147 (Adj. Sess.), § 7.)