Matt Chapman Vermont Agency of Natural Resources June 23, 2011. Brownfield Reuse Program. Purpose of the Brownfield reuse program. Reduce and eliminate threats to human health and the environment presented by hazardous material contamination.
Vermont Agency of Natural Resources
June 23, 2011
Reduce and eliminate threats to human health and the environment presented by hazardous material contamination.
Establish risk‑based restrictions on future use of property when setting cleanup goals for a contaminated property.
Reuse historically productive properties that will revitalize communities and help address issues raised by economic shifts while maintaining and enhancing existing public infrastructure.
Utilize public investment and technical assistance to promote successful redevelopment projects.
Reduce state legal liability risks associated with a brownfields site for parties who assume responsibility for property remediation.
Corrective Action Plan
Certificate of Completion
The old requirement that a brownfield site be “vacant, abandoned or substantially underutilized” has been eliminated.
Brownfield sites now include “real property, the expansion, redevelopment, or reuse of which may be complicated by the release or threatened release of a hazardous material.” 10 V.S.A. 6642(2).
Must be either a prospective purchaser or “innocent current owner.”
Must disclose all information on all releases at the property.
Must certify that persons benefiting from liability protection are liable solely from their status as a landowner (6615(a)(1) liability)
Applicant is eligible for a cost cap on implementation of the corrective action.
Applicant is eligible to have full liability protection upon substantial completion of the remediation.
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.
Based on exposure risks
Based on prospective use
Land use controls are used as part of corrective actions
Can happen at any time. No liability protection.
Must stabilize the site.
Must continue to allow site access and technical information regarding site conditions.
Must have completed a corrective action plan.
Must meet the general withdrawal requirements.
Must place land use restrictions on the property limiting its uses.
Does not engage in activity inconsistent with the corrective action plan.
Describes the corrective action and its implementation.
Defines land use restrictions and other conditions.
Vests liability protection.
Recorded in the land records.