Vermont Statutes Title 10 Sec. 6649
Terms Used In Vermont Statutes Title 10 Sec. 6649
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Applicant: means a person who has applied for relief from State liability through participation in the Program. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- 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
- Remediation standards: means standards developed by the Secretary for the remediation of contaminated properties. See
- Secretary: means the Secretary of Natural Resources or his or her duly authorized representative. See
§ 6649. Amendments to a corrective action plan
(a) Except for the corrective action plan adjustment limitations provided under subsection (b) of this section, at the applicant‘s request or in the Secretary‘s discretion, the Secretary may amend the plan if the Secretary determines that the amendment is necessary to protect public health and the environment.
(b) An approved corrective action plan of an applicant who became a participant in the Program prior to acquiring any ownership interest in the property and who is not otherwise liable pursuant to section 6615 of this title may be amended only at the Secretary’s discretion, provided the amendments to the corrective action plan do not increase the costs of completion by more than 30 percent of the estimated costs of the original corrective action plan.
(c) Notwithstanding issuance of a certificate of completion pursuant to section 6653 of this title, if at any time the Secretary finds that a completed corrective action plan fails to protect adequately human health and the environment or fails to meet all applicable remediation and federal cleanup standards, the Secretary may do any of the following:
(1) exercise authority pursuant to section 6615 of this title against any liable person except the person or the successor of the person that completed the corrective action plan;
(2) perform all investigation, abatement, removal, remediation, or monitoring activities necessary to ensure the property meets all the applicable remediation standards. (Added 2007, No. 147 (Adj. Sess.), § 7.)