Are There Risks from Involving My Property in the Program?

A property is either clean or contaminated. If contamination is present, the risks and liability from it already exists for the property owner. Participation in the program will not increase this risk or liability. Existing State and Federal regulations require responsible parties (including owners of contaminated properties) to clean a site to meet a standard connected to the level of property use. Even if a site is sold, the previous owners may still be responsible for clean-up costs, whether or not they caused or contributed to the contamination. Conducting environmental site assessments does not change that. It may, however, help an owner or prospective developer understand what, if any, risk exists and how to address it.

Participation in the program does bring the potential for contamination to the attention of State and Federal agencies. Generally, the Federal government does not pursue property cleanup unless there is an on-going release of contamination or the site is defined as a federal Superfund site. Due to the screening process, sites accepted into the Northwest Region Brownfields Program are not likely to be Superfund-eligible.

The Vermont Department of Environmental Conservation is responsible for monitoring contaminated properties in Vermont. The Department will require an owner to address any contamination that is confirmed. Cleanup is not always required. Sometimes, the corrective action may be not using a portion of a site or notifying future owners or tenants that the contamination exists. We encourage those interested in the program to understand potential risks and benefits before agreeing to participate.