CAP Approval Clause Samples

CAP Approval. The City has applied for protection under the Brownfields Reuse and Environmental Liability Limitation Act (“BRELLA”) and, consistent with the BRELLA requirements, the City will be implementing an approved Corrective Action Plan (“CAP”) associated with the environmental remediation of the Project Site. Reference is made to the VTDEC Corrective Action Plan and EPA Risk-Based Disposal Approval (Amendment #2) dated September 2013 and prepared by Weston & ▇▇▇▇▇▇▇ Engineers, Inc. (the “CAP Report”). The City shall obtain the final CAP approval from the State’s Department of Environmental Conservation (DEC) and from the Environmental Protection Agency (EPA), and agrees to submit the Plans and contract for the implementation of the CAP as set forth in Section 6.0 of the CAP Report. Upon completion of the work described in the CAP, the City intends to obtain a certificate of completion under BRELLA pursuant to 10 V.S.A. § 6653(a) and obtain the liability protection described therein for itself and successor owners of the Project Site.