Vermont Statutes Title 10 Sec. 6653
Terms Used In Vermont Statutes Title 10 Sec. 6653
- Applicant: means a person who has applied for relief from State liability through participation in the Program. See
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any ground or surface waters. See
- Facility: means all contiguous land, structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of waste. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Forbearance: A means of handling a delinquent loan. A
- Hazardous material: means all petroleum and toxic, corrosive, or other chemicals and related sludge included in any of the following:
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
- 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
- secured lender: includes a person who acquires indicia of ownership by assignment from another secured lender. See
- Storage: means the actual or intended containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such wastes. See
- Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous or solid waste, so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste safer for transport, amenable for recovery, amenable for storage, or reduced in volume, or for hazardous wastes, so as to render such waste nonhazardous. See
§ 6653. Release from liability; personal release from liability
(a) An applicant who has obtained a certificate of completion pursuant to section 6652 of this title and successor owners of the property included in the certificate of completion who are not otherwise liable under section 6615 for the release or threatened release of a hazardous material at the property shall not be liable under subdivision 6615(a)(1) of this title for any of the following:
(1) A release or threatened release that existed at the property at the time of the approval of the corrective action plan and complies with one or both of the following:
(A) was discovered after the approval of the corrective action plan by means that were not recognized standard methods at the time of approval of the corrective action plan;
(B) the material was not regulated as hazardous material until after approval of the corrective action plan.
(2) Cleanup after approval of the corrective action plan was done pursuant to more stringent cleanup standards effective after approval of the corrective action plan.
(3) Natural resource damages pursuant to section 6615d of this title, provided that the applicant did not cause the release that resulted in the damages to natural resources.
(b) A person who meets the requirements of subsection 6650(b) of this title shall not be liable under subdivision 6615(a)(1) of this title for the release of a hazardous material that is addressed in a corrective action plan approved by the Secretary. A release from liability under this subsection is personal and does not run with the property or apply to successors in interest to the property.
(c) A release from liability under this section or forbearance from action provided by section 6646 of this title does not extend to any of the following:
(1) A release or threatened release of a hazardous material that was not present at the time the applicant submitted an application pursuant to this subchapter where the release or threatened release:
(A) has not been addressed under an amended corrective action plan approved by the Secretary; or
(B) was caused by intentional or reckless conduct by the applicant or agents of the applicant.
(2) Failure to comply with the general obligations established in section 6644 of this title.
(3) A release that occurs subsequent to the issuance of a certificate of completion.
(4) Failure to comply with the use restrictions contained within the certificate of completion for the site issued pursuant to subsection 6652(b) of this title.
(d) There shall be no protection from liability under this section or forbearance under section 6646 of this title for a successor if that successor or any of its principals, owners, directors, affiliates, or subsidiaries:
(1) ever held an ownership interest in the property or in any related fixtures or appurtenances, excluding a secured lender who holds indicia of ownership in the property primarily to assure repayment of a financial obligation, except in the case of an innocent owner;
(2) directly or indirectly caused or contributed to any release or threatened release of hazardous materials at the property;
(3) currently operates or controls or ever operated or controlled the operation on the property of a facility for the storage, treatment, or disposal of hazardous materials from which there was a release or threatened release of hazardous materials;
(4) disposed of or arranged for the disposal of hazardous materials at the property;
(5) generated hazardous materials that were disposed of at the property. (Added 2007, No. 147 (Adj. Sess.), § 7; amended 2017, No. 55, § 6, eff. June 2, 2017.)