Vermont Statutes
Chapter 159 - Waste Management
§ 6642. Definitions

§ 6642. Definitions
As used in this subchapter:
(1) “Applicant” means a person who has applied for relief from State liability through participation in the Program.
(2) “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. “Brownfield site” does not include any of the following:
(A) A facility that is the subject of a planned or ongoing removal action under CERCLA.
(B) A facility that is listed as a CERCLA site or is proposed for listing.
(C) A facility that is the subject of any State or federal administrative or court order under any of the following authorities:
(i) 42 U.S.C. § 9601 et seq. (CERCLA) or section 6615 of this title (State hazardous materials remediation);
(ii) 42 U.S.C. § 6901 et seq. (Solid Waste Disposal Act) or chapter 159 of this title (solid waste or hazardous waste);
(iii) 33 U.S.C. § 1251 et seq. (federal Water Pollution Control Act) or chapter 47 of this title (water pollution control);
(iv) 15 U.S.C. § 2601 et seq. (Toxic Substances Control Act);
(v) 42 U.S.C. § 300f et seq. (Safe Drinking Water Act) or chapter 56 of this title (public water supply).
(D) A facility that is subject to either of the following:
(i) corrective action under 42 U.S.C. § 6924(u) or 6928(h);
(ii) corrective action permit or order issued or modified to require the implementation of corrective measures.
(E) A land disposal unit in regard to which both of the following apply:
(i) a closure notification under subtitle C of 42 U.S.C. § 6921 et seq. has been submitted;
(ii) closure requirements have been specified in a closure plan or permit.
(F) A facility that is subject to the jurisdiction, custody, or control of any instrumentality of the United States, except for land held in trust by the United States for an Indian tribe.
(G) A portion of a facility to which both the following apply:
(i) a release of polychlorinated biphenyls has occurred;
(ii) is subject to remediation under 15 U.S.C. § 2601 et seq. (Toxic Substances Control Act).
(H) A portion of a facility for which assistance for response activity has been obtained under subtitle I of 42 U.S.C. § 6991 et seq. (Solid Waste Disposal Act) from the Leaking Underground Storage Tank Trust Fund established under 26 U.S.C. § 9508.
(3) “CERCLA” means the Comprehensive Environmental, Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq.
(4) “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:
(A) held an ownership interest in the property or in any related fixtures or appurtenances, excluding a secured lender’s holding indicia of ownership in the property to assure the repayment of a financial obligation at the time of any disposal of hazardous materials on the property;
(B) directly or indirectly caused or contributed to any releases or threatened releases of hazardous materials at the property;
(C) operated or controlled the operation at the property of a facility for the storage treatment or disposal of hazardous materials at the time of the disposal of hazardous materials at the property;
(D) disposed of or arranged for the disposal of hazardous materials at the property;
(E) generated the hazardous materials that were disposed of at the property.
(5) “Program” means the Brownfield Property Cleanup Program.
(6) “Remediation standards” means standards developed by the Secretary for the remediation of contaminated properties. The Secretary shall determine appropriate remediation standards on a site-specific basis and shall consider all the following:
(A) future land use and the appropriate use of institutional controls;
(B) environmental media, including soil, groundwater, surface water, and air;
(C) requirements for source removal, treatment, or containment;
(D) appropriate use of monitored natural attenuation;
(E) any other issue related to the protection of public health and the environment. (Added 2007, No. 147 (Adj. Sess.), § 7.)

Structure Vermont Statutes

Vermont Statutes

Title 10 - Conservation and Development

Chapter 159 - Waste Management

§ 6601. Declaration of policy and purpose

§ 6602. Definitions

§ 6603. Secretary; powers

§ 6603c. Implementation grants and loans for waste management

§ 6603d. User fee implementation assistance

§ 6603g. Hazardous Waste Facility Grant Program

§ 6603h. Host community fee

§ 6603i. Landfill closure grants

§ 6603j. Curbside collection of waste oil

§ 6604. Solid waste management plan

§ 6604a. Contaminated soils

§ 6604b. Testing of solid wastes prior to beneficial use on land or distribution and marketing

§ 6604c. Management of development soils

§ 6605. Solid waste management facility certification

§ 6605a. Review of existing landfills

§ 6605b. Interim certification

§ 6605c. Solid waste categorical certifications

§ 6605d. Provisional certification

§ 6605e. Closure extension orders

§ 6605f. Waste management personnel background review

§ 6605g. Incineration emissions

§ 6605h. Composting registration

§ 6605j. Accepted composting practices

§ 6605k. Food residuals; management hierarchy

§ 6605l. Public collection containers for solid waste

§ 6605m. Architectural waste recycling

§ 6606. Hazardous waste certification

§ 6606a. Certificate of need

§ 6606b. Permits issued by the Secretary related to hazardous waste facilities

§ 6606c. Management of unregulated hazardous waste

§ 6607. Transportation of hazardous wastes

§ 6607a. Waste transportation; commercial hauler permit requirement

§ 6608. Records; reports; monitoring

§ 6608a. Economic poisons

§ 6608b. Radioactive wastes mixed with hazardous wastes

§ 6609. Inspections; right of entry

§ 6610a. Enforcement

§ 6611. Financial responsibility

§ 6612. Penalties

§ 6613. Variances

§ 6614. Waiver

§ 6615. Liability

§ 6615a. Diligent and appropriate investigation for hazardous materials

§ 6615b. Corrective action procedures

§ 6615c. Information requests

§ 6615d. Natural resource damages; liability; rulemaking

§ 6615e. Relief for contaminated potable water supplies

§ 6616. Release prohibition

§ 6617. Person responsible for release; notice to Agency

§ 6618. Waste Management Assistance Fund

§ 6619. Packaging information

§ 6620. Permits issued by the Secretary related to solid waste facilities

§ 6620a. Limitations on the use of heavy metals in packaging

§ 6621a. Landfill disposal requirements

§ 6621b. Regulation of certain dry cell batteries

§ 6621c. Lead-acid batteries; collection for recycling

§ 6622. Source separation incentives

§ 6622b. Appeals

§ 6623. Goals and purpose

§ 6624. Definitions

§ 6625. Toxics use reduction and hazardous waste reduction program

§ 6626. Plan and report formats; data information system

§ 6627. Technical and research assistance program

§ 6628. Plan, plan summary, and performance report review

§ 6629. Toxics use reduction and hazardous waste reduction plan; plan summary

§ 6630. Toxics use reduction and hazardous waste reduction performance report

§ 6632. Trade secrets

§ 6633. Interagency Committee on Chemical Management

§ 6641. Brownfield Property Cleanup Program; creation; powers

§ 6642. Definitions

§ 6643. Application process

§ 6644. General obligations

§ 6645. Eligibility

§ 6646. Forbearance

§ 6647. Site investigation

§ 6648. Corrective action plan

§ 6649. Amendments to a corrective action plan

§ 6650. Program withdrawal

§ 6651. Implementation of corrective action plan

§ 6652. Certificate of completion

§ 6653. Release from liability; personal release from liability

§ 6654. Brownfield Revitalization Fund; creation; assistance

§ 6655. State Plan for Brownfield Reclamation

§ 6671. Purpose

§ 6672. Definitions

§ 6673. Paint Stewardship Program

§ 6674. Retailer responsibility

§ 6675. Agency responsibility

§ 6676. Anticompetitive conduct

§ 6677. Producer reporting requirements

§ 6678. Confidential business information

§ 6679. Rulemaking; procedure

§ 6680. Universal waste designation for postconsumer paint

§ 6691. Definitions

§ 6692. Single-use plastic carryout bags; prohibition

§ 6693. Recyclable paper carryout bag

§ 6694. Single-use plastic straws

§ 6695. Single-use plastic stirrers

§ 6696. Expanded polystyrene food service products

§ 6697. Civil penalties; warning

§ 6698. Inventory exception

§ 6699. Application to municipal bylaws, ordinances, or charters; preemption

§ 6700. Rulemaking