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Terms Used In Vermont Statutes Title 10 Sec. 6646

  • Applicant: means a person who has applied for relief from State liability through participation in the Program. See
  • Forbearance: A means of handling a delinquent loan. A
  • 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
  • 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

§ 6646. Forbearance

Provided that the applicant has been determined to be eligible for the Program and is working in good faith toward meeting the obligations required by this subchapter:

(1) the State may not bring an action against an applicant based on liability as an owner pursuant to subdivision 6615(a)(1) of this title; and

(2) with respect to prospective purchasers, no person may bring a claim for contribution pursuant to subsection 6615(i), provided:

(A) the prospective purchaser’s liability is limited to liability as an owner pursuant to subdivision 6615(a)(1) of this title; and

(B) the Secretary has approved a corrective action plan for the site pursuant to section 6648 of this title. (Added 2007, No. 147 (Adj. Sess.), § 7; amended 2021, No. 170 (Adj. Sess.), § 9, eff. July 1, 2022.)