Vermont S 215: An act relating to the use of State fishing access areas

Bill Text

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VT LEG #385796 v.1
S.215 1
Introduced by Senator Watson 2
Referred to Committee on 3
Date: 4
Subject: Conservation and development; solid waste; brownfields; consultant 5
certification; late fees 6
Statement of purpose of bill as introduced: This bill proposes to require the 7
imposition of late fees on a person who fails to comply with the time frames of 8
a corrective action plan for a hazardous materials release. The bill would also 9
allow the Secretary of Natural Resources to establish by rule a program for the 10
certification of environmental professionals providing services related to the 11
identification, investigation, and remediation of properties impacted by a 12
release of a hazardous material. 13
An act relating to the timelines for remediating contaminated properties 14
It is hereby enacted by the General Assembly of the State of Vermont: 15
Sec. 1. 10 V.S.A. § 6603 is amended to read: 16
§ 6603. SECRETARY; POWERS 17
In addition to any other powers conferred on him or her the Secretary by 18
law, the Secretary shall have the power to: 19

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(1) Adopt, amend, and repeal rules pursuant to 3 V.S.A. chapter 25 1
implementing the provisions of this chapter. 2
* * * 3
(11) Establish by rule a program for the certification of environmental 4
professionals involved in the identification, investigation, and remediation of a 5
site contaminated by a hazardous substance. A rule for certification of 6
environmental professionals shall establish criteria for eligibility; requirements 7
for submission of information related to the identification, investigation, and 8
remediation of properties impacted by the release of a hazardous material; and 9
any other requirements that the Secretary determines are necessary for 10
improved efficiency of the process. The Secretary may establish classes or 11
categories of certifications for environmental professionals. 12
Sec. 2. 10 V.S.A. § 6615b is amended to read: 13
§ 6615b. CORRECTIVE ACTION PROCEDURES 14
(a) Any person who is determined to be liable for the release or threatened 15
release of a hazardous material as established in section 6615 of this title shall 16
take all of the following actions to mitigate the effects of the release: 17
(1) Submit for approval by the Secretary a work plan for an 18
investigation of the contaminated site. This shall be submitted within 30 days 19
from either the date of the discharge or release or the date that the release was 20
discovered if the date of the discharge or release is not known, or within a 21

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period of time established by an alternative schedule approved by the 1
Secretary. The site investigation shall define the nature, degree, and extent of 2
the contamination, and shall assess potential impacts on human health and the 3
environment. 4
(2) Perform the site investigation within 90 days of after receiving 5
written approval of the work plan by the Secretary, or within a period of time 6
established by an alternative schedule approved by the Secretary. A report 7
detailing the findings of this work shall be sent to the Secretary for review. 8
(3) Submit a corrective action plan, within 30 days from the date of final 9
acceptance of the site investigation report by the Secretary, or within a period 10
of time established by an alternative schedule approved by the Secretary. 11
(4) Implement the corrective action plan within 90 days upon approval 12
of the plan by the Secretary, or within a period of time established by an 13
alternative schedule approved by the Secretary. The corrective action activity 14
shall be continued until the contamination is remediated to levels approved by 15
the Secretary. The Secretary may allow for the remediation of a site 16
contaminated with a hazardous material without requiring certification and 17
permitting under sections 556, 6605, and 6606 of this title, provided such 18
activity will not, in the Secretary’s opinion, adversely affect either public 19
health and safety or the environment, and provided such activity is conducted 20
in accordance with standards developed by the Secretary. 21

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(5) Submit to the Secretary all investigative, corrective action, and 1
monitoring reports, including all analytical results related to subdivisions (3)–2
(5) of this subsection, as they become available. 3
(b)(1) If the person who is responsible for the actions required by 4
subsection (a) of this section fails to meet the time frames established by that 5
subsection or an alternate schedule approved by the Secretary, the person shall 6
be charged a late fee of $500.00. 7
(2) If the person is participating in the program established pursuant to 8
subchapter 3 of this chapter and fails to meet the time frames established in 9
subsection (a) of this section or an a