The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
003
:
BROWNFIELDS REUSE AND ENVIRONMENTAL LIABILITY LIMITATIONS
(Cite as: 10 V.S.A. § 6645)
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§ 6645. Eligibility
Not more than 30 days after the Secretary receives a complete application, the Secretary
shall determine eligibility and provide written notice to the applicant of the Secretary’s
determination. A person is eligible for participation in the Program if the Secretary
determines all the following:
(1) There is a release or threatened release of hazardous material at the property that
the person proposes for remediation and redevelopment.
(2) The applicant is not liable pursuant to section 6615 of this title for any release or threatened release of a hazardous material at the property or
the person is an innocent current owner of the property. The Commissioner may accept
an affidavit of innocence or may request further information and investigate to determine
compliance with this section. Any determination of innocence or liability under this
subdivision is solely for the purpose of the initial eligibility determination for
this Program and shall have no collateral effect in other proceedings.
(3) The property is a Brownfield site, or the Secretary determines, on a site-by-site
basis, both the following:
(A) The property is not a Brownfield site because it is excluded pursuant to subdivision
6642(2)(A), (C)(ii)—(v), (D), (E), (G), or (H) of this title.
(B) Participation in the Program will promote the Program objectives identified in subsection 6641(a) of this title. (Added 2007, No. 147 (Adj. Sess.), § 7.)