reglab/housing_qa huggingface dataset:
10 V.S.A. § 1924
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 59 - Underground and Aboveground Liquid Storage Tanks|§ 1924. Integrity report

§ 1924. Integrity report|The owner or operator of an underground storage tank may be ordered by the Secretary to complete a tank integrity demonstration in the following circumstances:  (1) when the Secretary has reason to suspect there is or has been a release, or (2) when in the Secretary's opinion the age, operation, or conditions surrounding the installation, or any combination of the above, so warrant. (Added 1985, No. 66, § 1.)
10 V.S.A. § 1925
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 59 - Underground and Aboveground Liquid Storage Tanks|§ 1925. Notice in land records

§ 1925. Notice in land records|In order to make the information available to future purchasers, tank owners shall record the existence and location of underground storage tanks in local land records. The Secretary shall establish by rule the information to be recorded and the manner of recording. (Added 1985, No. 66, § 1.)
10 V.S.A. § 1928
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 59 - Underground and Aboveground Liquid Storage Tanks|§ 1928. Regulation of farm and residential large motor fuel tanks

§ 1928. Regulation of farm and residential large motor fuel tanks|The Secretary shall establish rules for the new installation of or reentry into service of farm and residential underground storage tanks of greater than 1,100 gallons that are or have been used for storing motor fuel for noncommercial purposes. These rules shall establish registration requirements and requirements that address tank condition, composition, size, type, compatibility, and method of installation. No person shall install or reenter into service such a tank after the effective date of these rules without complying with these rules. The Secretary also shall adopt rules that establish requirements for any monitoring or leak detection system or inventory control system or tank testing system deemed appropriate and maintaining records thereof. The rules also shall establish requirements for reporting of any releases and taking corrective action, requirements for tank closure and evidence of financial responsibility, and requirements for the upgrade or closure of tanks by December 22, 1998 that do not meet standards adopted to prevent releases due to corrosion, and spills or overfills. These rules for new and existing tanks shall take into account the unique schedule of home and farm use. Inventory control measures shall be appropriate to these uses. After December 22, 1998, no person shall deliver a regulated substance to a farm or residential tank regulated under this section if that tank is not visibly designated on the premises in a manner prescribed by the Agency as meeting standards adopted to prevent releases due to corrosion, spills, or overfills. (Added 1985, No. 66, § 1; amended 1987, No. 282 (Adj. Sess.), § 9; 1989, No. 110, § 4, eff. June 20, 1989; 1997, No. 132 (Adj. Sess.), § 7, eff. April 23, 1998.)
10 V.S.A. § 1929
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 59 - Underground and Aboveground Liquid Storage Tanks|§ 1929. Regulation of large heating oil tanks

§ 1929. Regulation of large heating oil tanks|The Secretary shall establish tank registration requirements for underground storage tanks of greater than 1,100 gallons that are or have been used to contain fuel oil for on-premises heating purposes. (Added 1985, No. 66, § 1.)
10 V.S.A. § 1929b
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 59 - Underground and Aboveground Liquid Storage Tanks|§ 1929b. Regulation of heating oil tanks at public buildings

§ 1929b. Regulation of heating oil tanks at public buildings|The Secretary shall establish tank registration requirements for underground storage tanks equal to or less than 1,100 gallons that are or have been used to contain fuel oil for on-premises heating purposes at a public building. (Added 2009, No. 22, § 3.)
10 V.S.A. § 1930
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 59 - Underground and Aboveground Liquid Storage Tanks|§ 1930. Implementation; coordination

§ 1930. Implementation; coordination|(a) Rulemaking standards. To the extent compatible with this chapter, in establishing rules and standards, the Secretary may distinguish between types, classes, and ages of underground storage tanks. In making such distinctions the Secretary may take into consideration factors including location of tanks, soil and climate considerations, uses of the tanks, history of maintenance, age, current industry recommended practices, national codes, hydrogeology, water table, size of tanks, volume of use, technical capability of owners and operators, and compatibility of the regulated substance and materials of fabrication. The distinctions may also take into consideration the location of storage tanks in relation to recharge areas for community type water supply wells. Where appropriate, the Secretary may designate whether the owner or the operator is responsible for monitoring a particular tank. The Secretary shall ensure that standards established with respect to financial responsibility shall bear a reasonable relation to the risk associated with a regulated substance release. Financial responsibility may be established by any one or a combination of the following: insurance, guarantee, surety bond, letter of credit, or qualification as a self-insurer. The Secretary may suspend enforcement of the financial responsibility requirements for a particular class or category of underground storage tanks if the Secretary makes a determination that methods of financial responsibility are not generally available for underground storage tanks in that class or category. The suspension shall extend for a period not to exceed 180 days and may be extended for additional 180 day periods by further determination by the Secretary that the need continues to exist and that progress is being made as required by federal law or regulation (section 9003 of the federal Solid Waste Disposal Act).(b) Advisory committee. The Secretary shall select an advisory committee from among groups representing municipal, environmental, business, and industry interests. The Secretary shall consult with the advisory committee in preparing rules under this chapter.(c) Coordination with other departments. Nothing in this chapter is intended to interfere with the authorities of the Department of Health or the Department of Labor or the Agency of Agriculture, Food and Markets. The Secretary shall work cooperatively with the Commissioner of Health, Labor and Industry, and the Secretary of Agriculture, Food and Markets in the Secretary's development of procedures and rules to carry out the intent of this chapter. (Added 1985, No. 66, § 1; amended 1987, No. 85, § 4, eff. June 9, 1987; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
10 V.S.A. § 1931
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 59 - Underground and Aboveground Liquid Storage Tanks|§ 1931. Inspections; right of entry; information

§ 1931. Inspections; right of entry; information|For the purposes of developing or enforcing any rule, regulation, standard, permit, or order authorized by this chapter, the Secretary, or the Secretary's authorized representative, may request and any permittee or owner or operator shall conduct monitoring or testing of tanks, associated equipment, contents, or surrounding soils, air, surface water, or groundwater and shall furnish information relating to tanks, associated equipment, and tank contents, and any duly authorized representative of the Secretary may upon presentation of appropriate credentials at any reasonable time:  (1) enter any property where underground storage tanks are located; (2) inspect and obtain samples; (3) inspect and copy records, reports, information, or test results relating to the purposes of this chapter; (4) conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface water, or groundwater; (5) conduct corrective action; (6) upon refusal of entry by a permittee or owner or operator for inspection, sampling, monitoring or testing, corrective action, or copying pursuant to this section, the Secretary or the duly authorized representative may apply for and obtain an entry order or subpoena, or both, to allow such entry, inspection, sampling, monitoring or testing, corrective action, or copying from the District or Superior Court in whose jurisdiction the property is located. An entry order or subpoena, or both, shall issue upon a showing that:  (A) there is probable cause to believe an underground storage tank is located on the property; (B) entry onto the property has been requested; and (C) entry has been denied. (Added 1985, No. 66, § 1; amended 1987, No. 282 (Adj. Sess.), § 10; 1989, No. 110, § 5, eff. June 20, 1989.)
10 V.S.A. § 1932
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 59 - Underground and Aboveground Liquid Storage Tanks|§ 1932. Orders

§ 1932. Orders|Upon receiving information that the operation, maintenance, or condition of an underground storage tank or the surrounding environs may present a threat or a hazard to the health of persons or to the environment, or may present an actual or threatened violation of any provision of this chapter, the Secretary may issue to the owner or operator an order establishing reasonable and proper methods for the control of the activity, tank closure, removal of contaminated materials, and the management of substances in the tank or the surrounding environs in order to reduce or eliminate the hazard or the violation. Orders of the Secretary may include requiring the owner to undertake investigations on properties of the owner. (Added 1985, No. 66, § 1; amended 1987, No. 282 (Adj. Sess.), § 11.)
10 V.S.A. § 1933
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 59 - Underground and Aboveground Liquid Storage Tanks|§ 1933. Appeals

§ 1933. Appeals|Appeals of any act or decision of the Department under this subchapter shall be made in accordance with chapter 220 of this title. (Added 1985, No. 66, § 1; amended 1995, No. 57, § 3; 2003, No. 115 (Adj. Sess.), § 43, eff. Jan. 31, 2005.)
10 V.S.A. § 1934
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 59 - Underground and Aboveground Liquid Storage Tanks|§ 1934. Enforcement

§ 1934. Enforcement|(a) Notwithstanding any other provisions or procedure set forth in this chapter, if the Secretary finds that a person is in violation of this chapter or has failed to comply with any provisions of any order, standard, rule, or permit issued in accordance with this chapter, he or she may bring suit in the Superior Court in any county where the noncompliance has occurred to enjoin the act and to obtain compliance. The suit shall be brought by the Attorney General or the appropriate State's Attorney in the name of the State for injunctive relief or for the imposition of penalties and fines as provided in section 1935 of this title. The court may issue a temporary injunction or order in such proceedings and may exercise all plenary powers available to it in addition to the power to:  (1) enjoin further releases; (2) order design, construction, installation, or operation of alternate facilities; (3) order the removal of facilities, contaminated soils and the restoration of the environment; (4) fix and order compensation for any public or private property destroyed, damaged, or injured; (5) assess and award punitive damages; (6) order reimbursement to any agency of federal, State, or local government from any person whose acts caused governmental expenditures under section 1283 of this title, or under subdivision 1941(b)(3) or (7) of this title and in accordance with the provisions of subsection 1941(f) of this title.   (b) In addition to the remedies described in subsection (a) of this section, if the Secretary finds that a person has installed, removed, repaired, or tested an underground storage tank in violation of this chapter or the rules adopted under this chapter, the person who installed, removed, repaired, or tested the tank may be subject to penalties and required to take all actions necessary to correct the violation in accordance with the provisions of chapters 201 and 211 of this title. (Added 1985, No. 66, § 1; amended 1989, No. 110, § 6, eff. June 20, 1989; 1997, No. 12, § 1.)
10 V.S.A. § 1935
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 59 - Underground and Aboveground Liquid Storage Tanks|§ 1935. Penalties

§ 1935. Penalties|(a) Criminal penalty. Any person who knowingly or intentionally violates any provision of this chapter or the rules promulgated herein, or any permits or any order standards issued in accordance with this chapter shall be subject to a criminal penalty not to exceed $25,000 or imprisonment for not more than six months, or both.(b) Civil penalty. Any person who violates any provision of this chapter, the rules adopted pursuant to this chapter, or the terms and conditions of any order or permit issued by the Secretary, shall be subject to a civil penalty not to exceed $10,000.00 per storage tank.(c) Violations. Each violation may be a separate and distinct offense and in the case of a continuing violation, each day's continuance of the violation may be deemed a separate and distinct offense. (Added 1985, No. 66, § 1; amended 1989, No. 110, § 7, eff. June 20, 1989; 2019, No. 14, § 42, eff. April 30, 2019; 2021, No. 20, § 48.)
10 V.S.A. § 1936
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 59 - Underground and Aboveground Liquid Storage Tanks|§ 1936. Licensure of tank inspectors

§ 1936. Licensure of tank inspectors|(a) The Secretary may establish a process for licensing persons to perform tank integrity demonstrations, as provided by this section. Under that process, the Secretary shall charge a fee, in accordance with 3 V.S.A. § 2822. The Secretary shall license persons who demonstrate to the satisfaction of the Secretary that they possess the ability to perform tank integrity demonstrations. This demonstration of ability may consist of written and field examinations and may establish different types of licenses for different types of demonstrations. No person shall be required to obtain a license in order to carry out duties as a State employee.(b) After offering opportunity for hearing before the Secretary or a hearing officer, the Secretary may revoke the license of any tank inspector who has committed fraud or deceit in obtaining licensure or submitting an application or who has demonstrated gross negligence or incompetence in performing a tank integrity demonstration or in other work relating to a tank integrity demonstration. (Added 1985, No. 66, § 1; amended 1987, No. 76, § 7; 1991, No. 85, § 3.)
10 V.S.A. § 1938
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 59 - Underground and Aboveground Liquid Storage Tanks|§ 1938. Underground Storage Tank Trust Fund

§ 1938. Underground Storage Tank Trust Fund|There is hereby created in the State Treasury a fund to be known as the Underground Storage Tank Trust Fund, to be expended by the Secretary of Natural Resources as allowed by federal law. The Secretary may accept and use funds available through the federal underground storage tank trust fund for those purposes. All balances in the Fund at the end of any fiscal year shall be carried forward and remain a part of the fund. Interest earned by the Fund shall be deposited into the Fund. The Secretary may seek reimbursement of the funds expended. Funds recovered shall be deposited as required by federal regulations. Disbursements from the Fund shall be made by the State Treasurer on warrants drawn by the Commissioner of Finance and Management. (Added 1987, No. 85, § 2, eff. June 9, 1987; amended 1987, No. 76, § 18.)
10 V.S.A. § 1939
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 59 - Underground and Aboveground Liquid Storage Tanks|§ 1939. Risk retention pool

§ 1939. Risk retention pool|The owners and operators of underground storage tanks may obtain the advice of the Commissioner of Financial Regulation, and may establish an insurance pool. The Commissioner shall adopt rules to assist in the formation of such pools and to expedite approval of any plan of operation. The Commissioner shall also adopt rules relating to the administration and operation of such pools in order to provide for the fiscal integrity of agreements entered into and to provide that trade, market, and claim practices engaged in are equitable, fair, and consistent. The establishment of such a pool shall conform to all requirements of the Commissioner of Financial Regulation and applicable State and federal laws, rules, and regulation. (Added 1987, No. 85, § 2, eff. June 9, 1987; amended 1989, No. 225 (Adj. Sess.), § 25; 1995, No. 180 (Adj. Sess.), § 38(a); 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012.)
10 V.S.A. § 1940
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 59 - Underground and Aboveground Liquid Storage Tanks|§ 1940. Underground storage tank incentive program

§ 1940. Underground storage tank incentive program|(a) The owners of a retail gasoline outlet that sells less than 20,000 gallons of gasoline per month and that desire assistance to replace underground storage tanks in compliance with this chapter, and municipalities with a population of less than 2,500 people may apply to the Secretary for such assistance. The financial assistance may be in the form of grants of up to $5,000.00 or the cost of complying with the requirements of this chapter, whichever is less.(b) The application shall be supported by information covering:  (1) proof of tank ownership; (2) an estimated cost of tank replacement; (3) the amount and type of assistance requested; (4) a tank replacement schedule; (5) in the case of gasoline stations, the monthly volume of gasoline sales for the previous 12 months; (6) such other information and assurances as the Secretary may require.   (c) In cases of applications from the owners of retail gasoline outlets, priority shall be given to those applicants from areas with a low density of retail gasoline outlets and for whom the expense of tank replacement is likely to cause termination of retail gasoline services.(d) Assistance in accordance with this section shall be provided from funds authorized for this purpose from the oil overcharge funds. (Added 1987, No. 85, § 2, eff. June 9, 1987.)
10 V.S.A. § 1943
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 59 - Underground and Aboveground Liquid Storage Tanks|§ 1943. Petroleum tank assessment

§ 1943. Petroleum tank assessment|(a) Each owner of a category one tank used for storage of petroleum products shall annually remit to the Secretary $100.00 per double-wall tank system; $250.00 per combination tank system if the single-wall tank has been lined; $500.00 for all other combination tank systems; and $1,000.00 per single-wall tank system, which shall be deposited to the Petroleum Cleanup Fund established by section 1941 of this title, except that:  (1) For retail gasoline outlets that sell less than 40,000 gallons of motor fuel per month, the fee shall be:  (A) $75.00 per double-wall tank system; (B) $125.00 per combination tank system; and (C) $175.00 per single-wall tank system.  (2) The fee shall be reduced by 50 percent if the owner or permittee provides to the satisfaction of the Secretary evidence of financial responsibility to allow the taking of corrective action in the amount of $100,000.00 per occurrence and the compensation of third parties for bodily injury and property damage in the amount of $300,000.00 per occurrence. (3) The fee shall be relieved if the owner provides to the satisfaction of the Secretary, evidence of financial responsibility to allow the taking of corrective action and the compensation of third parties for bodily injury and property damage each in the amount of $1,000,000.00 per occurrence. (4) The fee for retail motor fuel outlets selling 20,000 gallons or less per month shall not exceed $100.00 per year for all double-wall tanks at a single location and shall not exceed $300.00 for all combination tank systems at a single location. This cap shall not apply to a retail motor fuel outlet utilizing a single-wall tank system. (5) For any municipality that uses an annual average of less than 40,000 gallons of motor fuel per month, provided that all of the tanks of that municipality meet the requirements of this chapter, the fee shall be:  (A) $50.00 per double-wall tank system; (B) $100.00 per combination tank system; and (C) $150.00 per single-wall tank system.    (b) For purposes of this section, an occurrence is an accident, including continuous or repeated exposure to conditions, that results in the release of petroleum from one or more underground storage tanks at the same site.(c) This tank assessment shall terminate on July 1, 2029.(d) The Secretary shall establish forms and procedures for the payment of the petroleum tank assessment, including a notice of the obligation 30 days prior to being due. Failure to receive notice shall not waive the payment obligation. (Added 1987, No. 282 (Adj. Sess.), § 3; amended 1989, No. 110, §§ 9a, 10; 1993, No. 188 (Adj. Sess.), § 3; 1997, No. 132 (Adj. Sess.), § 10, eff. April 23, 1998; 2003, No. 48, § 3, eff. June 2, 2003; 2007, No. 76, § 31; 2009, No. 22, § 6; 2011, No. 161 (Adj. Sess.), § 3; 2013, No. 55, § 5, eff. July 1, 2014; 2017, No. 168 (Adj. Sess.), § 12, eff. May 22, 2018.)
10 V.S.A. § 1960
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 63 - Vermont Citizens Advisory Committee on Lake Champlain's Future|§ 1960. Vermont Citizens Advisory Committee on Lake Champlain's future created

§ 1960. Vermont Citizens Advisory Committee on Lake Champlain's future created|(a) The Vermont Citizens Advisory Committee on Lake Champlain's future is created to gather and disseminate information and make recommendations about the condition and management of the waters of the Lake Champlain basin region. The Advisory Committee shall consist of 14 members: two Senators appointed by the Committee on Committees, two Representatives appointed by the Speaker of the House, and ten Vermont citizens, including one recommended by the Secretary of Agriculture, Food and Markets, who come from a variety of geographic locations in Vermont appointed by the Governor with advice and consent of the Senate. The Advisory Committee shall elect a chair by a majority vote of its members. Legislative Committee members shall serve two-year terms that coincide with their term of office, or until the biennial appointment of successors. Other Advisory Committee members shall be appointed for three-year terms, except that initial appointments shall be for staggered terms.(b) Advisory Committee members shall receive a per diem pursuant to 32 V.S.A. § 1010 and shall be reimbursed for necessary expenses incurred in performance of their duties as Advisory Committee members.(c) The Secretary, in consultation with the Advisory Committee, may appoint an executive director who shall be an exempt State employee and who shall report to the Secretary.(d) The Advisory Committee shall be assigned to the Agency of Natural Resources for budgetary and administrative purposes.(e) The Advisory Committee shall present a proposed budget to the Secretary before September 15 of each year.(f) [Repealed.]  (Added 1989, No. 265 (Adj. Sess.), § 1; amended 2003, No. 42, § 2, eff. May 27, 2003; 2007, No. 121 (Adj. Sess.), § 32.)