Access to abandoned Brownsfield sites

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  • (a) Any department or agency of the Government of the Virgin Islands may apply to the appropriate court for access to an abandoned Brownsfield site in order to investigate contamination, to abate any hazard caused by the improper management of substances within the jurisdiction of the Department, or to remediate the site. The petition must include a demonstration that all reasonable efforts have been made to locate the owner, operator or other responsible party and a plan approved by the Commissioner and which is consistent with applicable state and federal laws and regulations. The approval or disapproval of a plan may not be considered a case decision as defined by the Rules of the Superior Court of the Virgin Islands.

  • (b) Any person, department, or agency of the Government of the Virgin Islands not otherwise liable under federal or territorial law or regulation who performs any investigative, abatement or remediation activities pursuant to this section does not become subject to civil enforcement or remediation action under Chapter 14 of this title or other applicable Virgin Islands laws or to private civil suits related to contamination not caused by its investigative, abatement or remediation activities.

  • (c) This section does not in any way limit the authority of the Department of Planning and Natural Resources, Commissioner, or Government of the Virgin Islands otherwise created by law.


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