Vermont § 6604c - Management of development soils

§ 6604c. Management of development soils

• (a) Management of development soils. Notwithstanding any other requirements of this chapter
  to the contrary, development soils may be managed at a location permitted pursuant
  to an insignificant waste event approval authorization issued pursuant to the Solid
  Waste Management Rules that contains, at a minimum, the following: (1) the development soils are generated from a hazardous materials site managed pursuant
  to a corrective action plan or a soil management plan approved by the Secretary; (2) the development soils have been tested for arsenic, lead, and polyaromatic hydrocarbons
  pursuant to a monitoring plan approved by the Secretary that ensures that the soils
  do not leach above groundwater enforcement standards; (3) the location where the soils are managed is appropriate for the amount and type of
  material being managed; (4) the soils are capped in a manner approved by the Secretary; (5) any activity that may disturb the development soils at the permitted location shall
  be conducted pursuant to a soil management plan approved by the Secretary; and (6) the permittee files a record notice of where the soils are managed in the land records. (b), (c) [Repealed.] (d) On or before July 1, 2017, the Secretary shall adopt rules that allow for the management
  of excavated soils requiring disposal that contain PAHs, arsenic, or lead in a manner
  that ensures protection of human health and the environment and promotes Vermont’s
  traditional settlement patterns in compact village or city centers. At a minimum,
  the rules shall: (1) include statewide or regional background concentration levels for PAHs, arsenic, and
  lead that are representative of typical soil concentrations and found throughout existing
  development areas; (2) specify that development soils with concentration levels equal to or lower than the
  background concentration levels established by the Secretary shall not be defined
  as or required to be treated as solid waste; (3) include criteria for determining site-specific maximum development soil concentration
  levels for PAHs, arsenic, and lead; (4) in addition to disposal at a certified waste facility, adopt a process for the management
  or disposal of development soils that have concentration levels that exceed residential
  soil screening levels, but are below the site-specific maximum development soils concentration
  levels; (5) adopt a process to preapprove sites to receive development soils from multiple developments;
  and (6) be designed to provide that the criteria established under subdivision (3) of this
  subsection and the process developed under subdivision (4) of this subsection shall
  be no less protective of human health and the environment than the standard for development
  soils and the process established under subsection (b) of this section. (e) At any time, the Secretary may adopt by rule background and maximum concentration
  levels for other potentially hazardous material in soils such that the development
  soils containing these other materials would be categorized and treated according
  to the rules adopted by the Secretary under subsection (d) of this section. (Added 2015, No. 52, § 3, eff. June 5, 2015; amended 2015, No. 150 (Adj. Sess.), § 37a, eff. May 31, 2016; 2019, No. 131 (Adj. Sess.), § 28; 2025, No. 69, § 15, eff. July 1, 2025.)