Terms Used In Vermont Statutes Title 10 Sec. 6615a

  • Facility: means all contiguous land, structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of waste. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Secretary: means the Secretary of Natural Resources or his or her duly authorized representative. See

§ 6615a. Diligent and appropriate investigation for hazardous materials

(a) Except as provided for in subsection (b) of this section, a diligent and appropriate investigation, as that term is used in subsection 6615(e) of this title, means, for all properties, an investigation where an owner or operator of a property conforms to the standard developed by the Secretary by rule for a diligent and appropriate investigation. If no standard exists, the owner or operator of a property shall conform to one of the following:

(1) the all appropriate inquiry standard set forth in 40 C.F.R. part 312, as amended; or

(2) the current standard for phase I environmental site assessments established by the American Society for Testing and Materials.

(b) In the case of residential property used for residential purposes, diligent and appropriate investigation shall mean a facility inspection and title search that:

(1) reveal no basis for further investigation; and

(2) do not reveal that the property was used for or was part of a larger parcel that was used for commercial or industrial purposes. (Added 2013, No. 55, § 13.)