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Terms Used In Vermont Statutes Title 10 Sec. 6641

  • Applicant: means a person who has applied for relief from State liability through participation in the Program. See
  • Contract: A legal written agreement that becomes binding when signed.
  • Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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
  • 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
  • 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

§ 6641. Brownfield Property Cleanup Program; creation; powers

(a) There is created the Brownfield Property Cleanup Program to enable certain interested parties to request the assistance of the Secretary to review and oversee work plans for investigating, abating, removing, remediating, and monitoring a property in exchange for protection from certain liabilities under section 6615 of this title. The Program shall be administered by the Secretary who shall:

(1) Specify an appropriate amount or type of insurance, require the posting of a bond or other form of financial assurance, or establish other qualifications for persons carrying out activities related to the Cleanup Program.

(2) Contract with private engineers, hydrologists, and site professionals to provide the investigation and review required by this subchapter. The contract may be financed from the oversight fees established in subdivision 6644(5) of this title or may bill an applicant who is not liable under subdivision 6615(a)(1) of this title for the services.

(3) Release an applicant from State liability, provided the applicant is in compliance with this subchapter.

(b) After approval of a site investigation work plan or a corrective action plan, the Secretary shall notify the person of any future requirements under this subchapter, including a tentative schedule of processing times. (Added 2007, No. 147 (Adj. Sess.), § 7.)