reglab/housing_qa huggingface dataset:
10 V.S.A. § 6626
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6626. Plan and report formats; data information system

§ 6626. Plan and report formats; data information system|(a) On or before January 1, 1992, the Secretary shall adopt a format to be used by generators and large users for completing the toxics use reduction and hazardous waste reduction plan required by section 6629 of this title. On or before July 1, 1993, the Secretary shall adopt a format for the toxics use reduction and hazardous waste reduction performance report required by section 6630 of this title.(b) On or before July 1, 1992, the Secretary shall establish a data and information system for use in administering the provisions of this subchapter. In establishing the data and information system, the Secretary shall:  (1) establish methods and procedures for appropriately processing or managing hazardous waste reduction and toxics use reduction information; (2) use the data management expertise, resources, and forms of already established environmental protection programs, to the extent practicable; (3) establish computerized data retrieval and data processing systems, including safeguards to protect trade secrets designated pursuant to section 6632 of this title or protected under 1 V.S.A. § 317; (4) identify additional data and information needs of the program. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 4.)
10 V.S.A. § 6627
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6627. Technical and research assistance program

§ 6627. Technical and research assistance program|The Secretary shall establish a technical and research assistance program to assist generators, exempt small quantity generators, and large users in identifying and applying toxics use reduction methods and hazardous waste reduction methods. The program shall emphasize assistance to smaller businesses that have inadequate technical and financial resources to obtain information, assess and develop and apply toxics use reduction and hazardous waste reduction methods. The program shall also emphasize the merits of use reduction as a means of reducing the amount of hazardous waste generated or hazardous materials released into the environment. In the program:  (1) The Department shall encourage presentations by private or public consultants, including on-site consultation at sites or locations where hazardous waste is generated or toxic substances are used to aid those generators or large users requiring assistance in developing and implementing the toxics use reduction and hazardous waste reduction plan, plan summary, and performance report required by this subchapter. (2) The Department shall conduct plan assistance programs, seminars, workshops, training programs, and other similar activities to assist generators and large users to evaluate toxics use reduction and hazardous waste reduction alternatives and to identify opportunities for toxics use reduction and hazardous waste reduction. (3) The Department shall establish a program to assemble, catalogue, and disseminate information about source reduction methods, with emphasis on the merits of use reduction, available consultant services, and regulatory requirements. (4) The Department shall identify the range of technical solutions that can be applied by particular types of hazardous waste generators to reduce hazardous waste generation. (5) The Department may also direct on-site technical assistance to generators and large users in developing the plans. (6) The Department shall coordinate its technical assistance with trade associations and local colleges and universities as appropriate. (7) Technical services provided under this section shall not result in inspection or other enforcement actions unless there is reasonable cause to believe there is an imminent threat to human health or the environment. (8) The Department shall provide direct technical assistance to solid waste management districts and regional planning entities including training and information exchange and shall coordinate technical assistance with the solid waste management districts and regional planning entities. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 5.)
10 V.S.A. § 6632
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6632. Trade secrets

§ 6632. Trade secrets|The Secretary shall adopt rules to ensure that trade secrets designated by a generator in all or a portion of the review and plans, and the report required by this subchapter, which are exempt from public inspection and copying under 1 V.S.A. § 317(c)(9), shall be used by the Secretary, the Department, and any authorized representative of the Department only in connection with the responsibilities of the Department pursuant to this subchapter, and otherwise shall be kept confidential. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 2015, No. 29, § 19.)
10 V.S.A. § 6641
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6641. Brownfield Property Cleanup Program; creation; powers

§ 6641. Brownfield Property Cleanup Program; creation; powers|(a) There is created the Brownfield Property Cleanup Program to enable certain interested parties to request the assistance of the Secretary to review and oversee work plans for investigating, abating, removing, remediating, and monitoring a property in exchange for protection from certain liabilities under section 6615 of this title. The Program shall be administered by the Secretary who shall:  (1) Specify an appropriate amount or type of insurance, require the posting of a bond or other form of financial assurance, or establish other qualifications for persons carrying out activities related to the Cleanup Program. (2) Contract with private engineers, hydrologists, and site professionals to provide the investigation and review required by this subchapter. The contract may be financed from the oversight fees established in subdivision 6644(5) of this title or may bill an applicant who is not liable under subdivision 6615(a)(1) of this title for the services. (3) Release an applicant from State liability, provided the applicant is in compliance with this subchapter.   (b) After approval of a site investigation work plan or a corrective action plan, the Secretary shall notify the person of any future requirements under this subchapter, including a tentative schedule of processing times. (Added 2007, No. 147 (Adj. Sess.), § 7.)
10 V.S.A. § 6643
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6643. Application process

§ 6643. Application process|A person shall apply to the Secretary for participation in the Program on a form determined by the Secretary accompanied by a nonrefundable application fee of $500.00. The application shall include:  (1) A preliminary environmental assessment of the property, a legal description of the property, a description of the physical characteristics of the property, the nature and extent of releases and threatened releases at the property and the risks to human health and the environment presented by the releases or threatened release, and any other information requested by the Secretary. (2) A description of the proposed redevelopment and use of the property. (3) A certification that the applicant has given timely notification to the public that provides a reasonable opportunity for public comment to the Secretary regarding the information and material provided in subdivisions (2) and (3) of this section. (4) A notarized certification, on a form provided by the Secretary, in which the applicant attests to all the following:  (A) Each person who would benefit from liability protection pursuant to section 6653 of this title has disclosed to the Secretary all information currently known to the person or in the person's possession or control that relates to releases or threatened releases of hazardous materials at the property. (B) No person, including a principal, owner, director, affiliate, or subsidiary, who would benefit from liability protection pursuant to section 6653 of this title:  (i) currently holds or ever held an ownership interest in the property or in any related fixtures or appurtenances, except for either of the following:  (I) a secured lender's holding indicia of ownership in the property primarily to assure repayment of a financial obligation; (II) an innocent current owner;  (ii) directly or indirectly caused or contributed to any releases or threatened releases of hazardous materials at the property; (iii) currently operates or controls or ever operated or controlled the operation at the property of a facility for the storage, treatment, or disposal of hazardous materials from which there was a release; (iv) disposed of, or arranged for the disposal of hazardous materials at the property; (v) generated hazardous materials that were disposed of at the property. (Added 2007, No. 147 (Adj. Sess.), § 7.)
10 V.S.A. § 6644
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6644. General obligations

§ 6644. General obligations|Any person participating in the Program shall do all the following:  (1) Not provide any information required under this subchapter by fraud, intentional misrepresentation, failure to disclose material information, or providing false certification. (2) Not engage in any activity that is inconsistent or interferes with monitoring, investigation, abatement, removal, or remediation activities or the conditions or restrictions in a certificate of completion. (3) Provide access to and cooperate with the Secretary and any person liable pursuant to section 6615 of this title acting subject to the approval of the Secretary for investigation, abatement, removal, remediation, or monitoring activities at the property. The grant of access and all other provisions that the Secretary determines necessary may be memorialized in the form of an interest in real property that runs with the land and is binding against successors and assigns. (4) Comply with all rules and procedures required by the Secretary and obtain all necessary permits, certifications, and other required authorizations prior to beginning any site investigation or corrective action plan activities. (5) If an innocent current owner, pay any additional costs of the Secretary's review and oversight of the site investigation or corrective action plan, or both. (6) Provide the Secretary with all documents and information relating to the performance of the investigation, abatement, removal, remediation, and monitoring activities. (7) Defend, indemnify, save, and hold harmless the State from all claims and causes of action related to, or arising from, acts or omissions of the applicant in performing the site investigation and corrective action plan except in the case of either of the following:  (A) reimbursement of fees or costs improperly required by and paid to the Secretary by the eligible person or successor; (B) a cause of action related to the State's liability pursuant to subsection 6615(a) of this title. (Added 2007, No. 147 (Adj. Sess.), § 7; amended 2009, No. 134 (Adj. Sess.), § 31.)
10 V.S.A. § 6645
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6645. Eligibility

§ 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.)
10 V.S.A. § 6646
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6646. Forbearance

§ 6646. Forbearance|The State may not bring an action against an applicant based on liability pursuant to subdivision 6615(a)(1) of this title, 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. (Added 2007, No. 147 (Adj. Sess.), § 7.)
10 V.S.A. § 6649
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6649. Amendments to a corrective action plan

§ 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.)
10 V.S.A. § 6650
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6650. Program withdrawal

§ 6650. Program withdrawal|(a) An applicant may withdraw from the Program at any time, provided the applicant does all the following:  (1) Files with the Secretary a notice of intent to withdraw from the Program. (2) Ensures that the site is stabilized. Site stabilization includes any action necessary to ensure that work conducted at the property will not cause greater risk to human health and the environment than existed before the remediation work was begun and to ensure that the property will not pose an imminent hazard to human health or the environment. (3) Continues to comply with the general obligations of section 6644 of this title.   (b) An applicant may withdraw from the Program after the approval of a corrective action plan and the Secretary has granted personal liability protection as authorized in subsection 6653(b) of this title provided the applicant does all the following:  (1) Meets all the requirements of withdrawal pursuant to subsection (a) of this section. (2) Records a deed restriction on the property approved by the Secretary. The deed restriction shall include:  (A) any limitations on the uses of the property based on risk-based exposure criteria used in developing the corrective action plan; (B) prohibitions against physical changes to the property; (C) a requirement that protective barriers to control remaining sources of contamination be installed and maintained; (D) restrictions on groundwater use and requirements that alternative water supplies be provided.  (3) Does not engage in an activity at the property that is inconsistent or interferes with the approved corrective action plan. (4) Does not violate any use restriction imposed on the property by the Secretary. (5) Promptly reports and addresses contamination caused or exacerbated by a negligent or reckless action during corrective action. (Added 2007, No. 147 (Adj. Sess.), § 7.)
10 V.S.A. § 6651
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6651. Implementation of corrective action plan

§ 6651. Implementation of corrective action plan|(a) The applicant shall perform all investigation, abatement, remediation, removal, and monitoring activities in accordance with the approved corrective action plan, any amendments to the plan, and all applicable local, State, and federal laws.(b) If prior to the issuance of the certificate of completion, the applicant through the performance of an approved site investigation or corrective action plan worsens an existing release or threatened release of hazardous materials at the property, or causes a new release or threatened release, the applicant shall immediately notify the Secretary, prepare and submit to the Secretary an amendment to the corrective action plan for investigation, abatement, removal, remediation, and monitoring of the release or threatened release, and carry out the amended corrective action plan as approved by the Secretary. (Added 2007, No. 147 (Adj. Sess.), § 7.)
10 V.S.A. § 6652
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6652. Certificate of completion

§ 6652. Certificate of completion|(a) After completion of all activities required by the corrective action plan, the applicant shall file a completion report with the Secretary. The completion report shall include all the following:  (1) description of the activities performed under the corrective action plan and any amendments to the plan; (2) description of any problems encountered; (3) certification by the applicant that the activities were performed in accordance with the corrective action plan.   (b) Upon receipt of the completion report, the Secretary shall determine whether additional work is required in order to complete the plan. The applicant shall perform any additional activities necessary to complete the corrective action plan as required by the Secretary and shall submit a new completion report. When the Secretary determines that the applicant has successfully completed the corrective action plan and paid all fees and costs due under this subchapter, the Secretary shall issue a certificate of completion, which certifies that the work is completed. The certificate of completion shall include a description of any land use restrictions and other conditions required by the corrective action plan. The Secretary may establish land use restrictions in the certificate of completion for a property, but the Secretary shall not acquire interests in the property in order to establish a land use restriction.(c) If, on request of the applicant, the Secretary determines that no further investigation, abatement, removal, remediation, or monitoring activities are required, the Secretary shall issue a certificate of completion that includes a description of any required land use restrictions.(d) The Secretary may determine that a corrective action plan and any amendments of an applicant who participated in the program prior to acquiring an ownership interest in the property and is not otherwise liable pursuant to section 6615 of this title have been substantially completed and that all fees and costs due under this subchapter have been paid and issue a certificate of completion. The certificate of completion shall certify that the work is completed and may include conditions for operation and monitoring in addition to the requirements pursuant to section 6653 of this title.(e) A certificate of completion issued pursuant to this section shall contain a statement that the protection from liability pursuant to subsection 6653(a) of this title is in effect. The person receiving the certificate of completion shall file it in the land records for the municipality in which the property is located. (Added 2007, No. 147 (Adj. Sess.), § 7; amended 2017, No. 55, § 5, eff. June 2, 2017.)
10 V.S.A. § 6655
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6655. State Plan for Brownfield Reclamation

§ 6655. State Plan for Brownfield Reclamation|The Agency of Natural Resources and the Agency of Commerce and Community Development shall jointly develop a State Plan for Brownfield Reclamation that includes both of the following:  (1) an inventory and assessment of potential sites prioritized by the ease of reducing the threat to public health, the availability of development opportunities, and the highest expected return on public investment; (2) methods and strategies for coordinating remediation with eventual usage of the sites, reclamation of high priority projects, financing projects with various public and private funding, and assuring consistent investment by the State for a minimum of 10 years in order to return as many properties as possible to recreation, parks, green space, housing, and commercial uses. (Added 2007, No. 147 (Adj. Sess.), § 7.)
10 V.S.A. § 6671
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6671. Purpose

§ 6671. Purpose|The purpose of this subchapter is to establish an environmentally sound, cost-effective Paint Stewardship Program in the State that will undertake responsibility for the development and implementation of strategies to reduce the generation of postconsumer paint; promote the reuse of postconsumer paint; and collect, transport, and process postconsumer paint, including reuse, recycling, energy recovery, and disposal. The Paint Stewardship Program will follow the waste management hierarchy for managing and reducing postconsumer paint in the order as follows: reduce consumer generation of postconsumer paint, reuse, recycle, provide for energy recovery, and dispose. The Paint Stewardship Program will provide more opportunities for consumers to manage properly their postconsumer paint, provide fiscal relief for local government in managing postconsumer paint, keep paint out of the waste stream, and conserve natural resources. (Added 2013, No. 58, § 1, eff. June 3, 2013.)