reglab/housing_qa huggingface dataset:
10 V.S.A. § 6608b
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6608b. Radioactive wastes mixed with hazardous wastes

§ 6608b. Radioactive wastes mixed with hazardous wastes|(a) The Commissioner of Health shall be responsible for and have the authority to implement and enforce those statutes enacted by the General Assembly, including sections 6610a and 6612 of this title, and those rules concerning the generation, transportation, treatment, storage, and disposal of radioactive wastes mixed with hazardous wastes that are adopted by the Secretary in order to operate a hazardous waste management program that is equivalent to the federal program under Subtitle C of the Resource Conservation and Recovery Act of 1976 as subsequently amended and codified in 42 U.S.C. chapter 82, subchapter 3. Procedures and funding for the interdepartmental implementation of a mixed radioactive waste management program shall be established between the Secretary and the Commissioner of Health.(b) The Secretary shall not adopt rules concerning the management of radioactive wastes mixed with hazardous wastes that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976 without the concurrence of the Commissioner of Health.(c) Nothing in this section is intended to interfere with the authority of the Commissioner of Health relating to general powers under 18 V.S.A. chapter 3, relating to appointing health officers for unorganized towns or gores under 18 V.S.A. chapter 11, and relating to radiation control under 18 V.S.A. chapter 32, nor shall prohibit the Secretary of Human Services from adopting rules concerning the management of radioactive wastes mixed with hazardous wastes that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976. Nothing in this section is intended to interfere with the Agency of Transportation's authority under section 6607 of this chapter.(d) This section does not modify or otherwise affect the requirements of chapter 157 of this title, relating to storage of radioactive material. (Added 1983, No. 148 (Adj. Sess.), § 5; amended 1987, No. 282 (Adj. Sess.), § 15; 2015, No. 23, § 101; 2015, No. 97 (Adj. Sess.), § 36; 2017, No. 113 (Adj. Sess.), § 48.)
10 V.S.A. § 6609
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6609. Inspections; right of entry

§ 6609. Inspections; right of entry|For the purposes of developing or enforcing any rule or regulation authorized by this chapter, any duly authorized representative of the Secretary may upon presentation of appropriate credentials at any reasonable time:  (1) enter any place where wastes are generated, stored, treated, or disposed of; (2) inspect and obtain samples from any person storing, treating, or disposing of any waste, including hazardous waste samples from any vehicle in which wastes are being transported; (3) inspect and copy any records, reports, information, or test results relating to the purposes of this chapter; (4) inspect any portion of a facility where wastes are generated, stored, treated, or disposed of including any equipment or other appurtenances contained in the facility; (5) upon any refusal of entry, inspection, sampling, or copying pursuant to this section, the Secretary or the duly authorized representative of the Secretary may apply for and obtain a warrant or subpoena to allow such entry, inspection, sampling, or copying in the manner established by the Vermont Rules of Criminal Procedure. (Added 1977, No. 106, § 1; amended 1987, No. 282 (Adj. Sess.), § 16.)
10 V.S.A. § 6611
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6611. Financial responsibility

§ 6611. Financial responsibility|(a) Any person who operates a facility approved under this chapter shall provide evidence of an escrow account or other form of financial responsibility in such form and amount as the Secretary may determine to ensure that, upon abandonment, cessation, or interruption of the operation of the facility, adequate funds are available to undertake all appropriate measures to prevent present and future damage to the public health and safety and to the environment. Any such financial plan shall include provisions for the equitable distribution of any excess in the escrow account or other financial security to communities whose residents made substantial payments into the escrow account or for that security.(b) A solid waste management district, by contract, may require that a facility owner or operator that serves the district, establish an escrow account in a reasonable amount in order to provide funds for timely compliance with the provisions of this chapter. Expenditures from the escrow account shall be for those capital improvements required to be made by the owner by the certification, interim certification, or order issued or otherwise required in accordance with this chapter.(c) A facility owner or operator, upon an initial showing of financial responsibility, shall report to the Secretary with respect to funds set aside by that date for those purposes. (Added 1977, No. 106, § 1; amended 1987, No. 78, § 14; 1987, No. 246 (Adj. Sess.), § 5a, eff. June 13, 1988; 1989, No. 61, § 2, eff. May 22, 1989; 2019, No. 131 (Adj. Sess.), § 32.)
10 V.S.A. § 6612
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6612. Penalties

§ 6612. Penalties|(a) Any person who violates any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order of certification granted by the Secretary shall be subject to a criminal penalty not to exceed $25,000.00 or imprisonment for not more than six months, or both.(b) Any person who violates any provision of this chapter relating to solid or hazardous waste management, the rules adopted under this chapter, or the terms or conditions of any order relating to solid or hazardous waste management or terms and conditions of any solid or hazardous waste facility certification shall be subject to a civil penalty not to exceed $10,000.00.(c) Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day's continuance thereof may be deemed a separate and distinct offense.(d) Any person who commits any of the following in violation of any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order or certification under this title shall be subject to a criminal penalty not to exceed $250,000.00 or imprisonment for not more than five years, or both:  (1) the knowing or reckless transport, treatment, storage, or disposal of any hazardous waste; (2) the knowing or reckless transport, treatment, storage, or disposal of more than one cubic yard of solid waste or more than 275 pounds of solid waste; (3) the knowing or reckless release of any hazardous material. (Added 1977, No. 106, § 1; amended 1981, No. 102, § 1; 1983, No. 148 (Adj. Sess.), § 8; 1987, No. 78, § 15; 1989, No. 286 (Adj. Sess.), § 5; 2015, No. 97 (Adj. Sess.), § 38.)
10 V.S.A. § 6614
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6614. Waiver

§ 6614. Waiver|The Secretary may waive the requirements of subsection 6605(d) of this title and the technical and siting requirements of the solid waste management rules adopted pursuant to subdivision 6603(1) of this title, provided the following conditions are met:  (1) The Secretary intends to perform a removal or remedial action, pursuant to chapter 159 of this title, or the President of the United States intends to perform a response action, as defined in 42 U.S.C. § 9601(25), in response to a release or threatened release of hazardous substances; and (2) The Secretary makes a prior written determination that:  (A) the proposed response action will not adversely affect the public health, safety, or the environment; and (B) the technical and siting requirements will be complied with to the extent practical in light of the overall objectives of the response. (Added 2001, No. 149 (Adj. Sess.), § 88, eff. June 27, 2002.)
10 V.S.A. § 6615a
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6615a. Diligent and appropriate investigation for hazardous materials

§ 6615a. Diligent and appropriate investigation for hazardous materials|(a) Except as provided for in subsection (b) of this section, a diligent and appropriate investigation, as that term is used in subsection 6615(e) of this title, means, for all properties, an investigation where an owner or operator of a property conforms to the standard developed by the Secretary by rule for a diligent and appropriate investigation. If no standard exists, the owner or operator of a property shall conform to one of the following:  (1) the all appropriate inquiry standard set forth in 40 C.F.R. Part 312, as amended; or (2) the current standard for phase I environmental site assessments established by the American Society for Testing and Materials.   (b) In the case of residential property used for residential purposes, diligent and appropriate investigation shall mean a facility inspection and title search that:  (1) reveal no basis for further investigation; and (2) do not reveal that the property was used for or was part of a larger parcel that was used for commercial or industrial purposes. (Added 2013, No. 55, § 13.)
10 V.S.A. § 6615b
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6615b. Corrective action procedures

§ 6615b. Corrective action procedures|Any person who is determined to be liable for the release or threatened release of a hazardous material as established in section 6615 of this title shall take all of the following actions to mitigate the effects of the release:  (1) Submit for approval by the Secretary a work plan for an investigation of the contaminated site. This shall be submitted within 30 days from either the date of the discharge or release or the date that the release was discovered if the date of the discharge or release is not known, or within a period of time established by an alternative schedule approved by the Secretary. The site investigation shall define the nature, degree, and extent of the contamination, and shall assess potential impacts on human health and the environment. (2) Perform the site investigation within 90 days of receiving written approval of the work plan by the Secretary, or within a period of time established by an alternative schedule approved by the Secretary. A report detailing the findings of this work shall be sent to the Secretary for review. (3) Submit a corrective action plan, within 30 days from the date of final acceptance of the site investigation report by the Secretary, or within a period of time established by an alternative schedule approved by the Secretary. (4) Implement the corrective action plan within 90 days upon approval of the plan by the Secretary, or within a period of time established by an alternative schedule approved by the Secretary. The corrective action activity shall be continued until the contamination is remediated to levels approved by the Secretary. The Secretary may allow for the remediation of a site contaminated with a hazardous material without requiring certification and permitting under sections 556, 6605, and 6606 of this title, provided such activity will not, in the Secretary's opinion, adversely affect either public health and safety or the environment, and provided such activity is conducted in accordance with standards developed by the Secretary. (5) Submit to the Secretary all investigative, corrective action, and monitoring reports, including all analytical results related to subdivisions (3)-(5) of this subsection, as they become available. (Added 1997, No. 132 (Adj. Sess.), § 11, eff. April 23, 1998.)
10 V.S.A. § 6616
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6616. Release prohibition

§ 6616. Release prohibition|The release of hazardous materials into the surface or groundwater, or onto the land of the State is prohibited. This section shall not apply to releases of hazardous materials pursuant to and in compliance with the conditions of a State or federal permit. (Added 1985, No. 70, § 5, eff. May 20, 1985.)
10 V.S.A. § 6617
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6617. Person responsible for release; notice to Agency

§ 6617. Person responsible for release; notice to Agency|Any person who has knowledge of a release or a suspected release and who may be subject to liability for a release, as detailed in section 6615 of this chapter, shall immediately notify the Agency. In addition, any eligible person or successor under section 6615a of this title or any secured lender or fiduciary who has knowledge of a release or a suspected release shall immediately notify the Agency. Failure to notify shall make those persons liable to the penalty provisions of section 6612 of this title. (Added 1985, No. 70, § 6, eff. May 20, 1985; amended 1993, No. 29, § 5, eff. May 26, 1993; 1995, No. 44, § 3, eff. April 20, 1995.)
10 V.S.A. § 6619
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6619. Packaging information

§ 6619. Packaging information|The Secretary is authorized to require and shall solicit from manufacturers and distributors of consumer goods sold in the State information relating to whether the packages for those goods are recyclable or made of recycled material, and relating to the quantity of the packaging that accompanies each of those products. (Added 1989, No. 61, § 5, eff. May 22, 1989.)
10 V.S.A. § 6620
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6620. Permits issued by the Secretary related to solid waste facilities

§ 6620. Permits issued by the Secretary related to solid waste facilities|(a) The Secretary shall coordinate and administer the programs under the jurisdiction of the Agency of Natural Resources so that, to the extent possible, there is concurrent review, concurrent public participation, and concurrent permit issuances for waste management facilities. The Secretary shall assign a permit manager to handle all applications related to a particular waste management facility.(b) [Repealed.]  (Added 1989, No. 218 (Adj. Sess.), § 4; amended 1993, No. 92, § 12; 2003, No. 115 (Adj. Sess.), § 64, eff. Jan. 31, 2005.)
10 V.S.A. § 6621c
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6621c. Lead-acid batteries; collection for recycling

§ 6621c. Lead-acid batteries; collection for recycling|(a) Definitions. For purposes of this section:  (1) "Lead-acid battery" means a battery that consists of lead and sulfuric acid and is used as a power source. (2) "Small sealed lead-acid battery" means a lead-acid battery, weighing 25 pounds or less, used in nonvehicular applications. This shall not include any lead-acid battery used as the principal power source for transportation, including automobiles, motorcycles, and boats.   (b) Applicability. The provisions of subsections (c), (d), and (e) of this section shall not apply to any small sealed lead-acid battery.(c) Standard retailer obligations. A retailer selling replacement lead-acid batteries in Vermont shall:  (1) Accept from customers, at the point of transfer, used lead-acid batteries of the same general type and in a quantity at least equal to the number of new batteries purchased, if offered by customers. (2) Post written language in bold print in the immediate vicinity where lead-acid batteries are sold, that reads as follows: "It is illegal to discard lead-acid batteries in Vermont's landfills. This store accepts used lead-acid batteries for recycling, in exchange for new batteries being purchased."   (d) Standard wholesaler obligation. Any wholesaler selling replacement lead-acid batteries in Vermont shall accept from customers at the point of transfer, used lead-acid batteries of the same general type and in a quantity at least equal to the number of new batteries purchased, if offered by customers. A wholesaler accepting batteries in transfer from a retailer shall be allowed a period not to exceed 90 days to remove batteries from the retail point of collection.(e) Information on recycling lead-acid batteries. A manufacturer selling lead-acid batteries in Vermont shall provide their direct customers with a telephone number where retailers and wholesalers may obtain information regarding recycling lead-acid batteries. (Added 1993, No. 220 (Adj. Sess.), § 3.)
10 V.S.A. § 6622
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6622. Source separation incentives

§ 6622. Source separation incentives|(a) Any municipality or solid waste management district that meets the requirements of subsection (d) of this section has met the requirements of subdivision 6604(a)(1)(B) of this title for those materials identified in the source separation requirements under subsection (d) of this section.(b) A municipality or a solid waste management district that wishes to be eligible, on a priority basis, for implementation grants under subdivision 6603c(c)(2)(C)(ii) of this title shall include a source separation plan in its solid waste management plan. At a minimum, that source separation plan shall include the following components:  (1) a recycling awareness component which includes education and public outreach; and (2) a strategy to require source separation, including enforcement provisions; and (3) a list of those materials subject to any source separation program, including at least five of the following materials:  (A) cardboard, including corrugated and boxboard; (B) glass containers; (C) yard waste, food waste, and other compostables; (D) newsprint; (E) office paper, including white, colored, and mixed office paper; (F) metal food and beverage containers including tin-plated steel bi-metal and aluminum cans; and (G) plastic containers made from high density polyethylene (HDPE), polyethylene terephthalate (PET), and polyvinyl chloride (PVC).    (c) If necessary, the Secretary of Natural Resources, by rule, shall add or delete materials to the list set forth under subdivision (b)(3) of this section, after considering the following:  (1) adequacy of markets; (2) availability of process facilities; and (3) the costs of collecting, processing, and transporting the material to market.   (d) Municipalities or districts that have an ordinance in effect that includes enforcement provisions and requires source separation of at least five materials identified in this section shall be eligible to receive priority consideration for implementation grants according to the provisions of subsection 6603c(c) of this title.(e) [Repealed.](f) The deadlines established under subsection (d) of this section may be modified by the Secretary, depending on the availability of funds in the capital budget.(g) For purposes of this section, "source separation" means systems that separate compostable and recyclable materials from noncompostable, nonrecyclable materials at the point of generation. Recyclable materials may be commingled.(h) For purposes of this section, "compostable" means that a product, package, or material will safely decompose, in a composting system, into a humus-rich material, containing no persistent synthetic residues, that can be safely used as a beneficial soil amendment. (Added 1989, No. 286 (Adj. Sess.), § 3; amended 1991, No. 202 (Adj. Sess.), § 7, eff. May 27, 1992; 1993, No. 81, § 8, eff. Jan. 1, 1994; 2019, No. 131 (Adj. Sess.), § 36.)
10 V.S.A. § 6622b
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6622b. Appeals

§ 6622b. Appeals|Appeals of any act or decision of the Secretary under this chapter shall be made in accordance with chapter 220 of this title. (Added 2003, No. 115 (Adj. Sess.), § 65, eff. Jan. 31, 2005.)
10 V.S.A. § 6623
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6623. Goals and purpose

§ 6623. Goals and purpose|(a) The goals of this subchapter are to:  (1) eliminate or reduce the use of hazardous, particularly toxic, materials wherever feasible; (2) reduce the generation of hazardous waste; (3) reduce the release into the environment of chemical contaminants which have adverse and serious health or environmental effects; (4) document hazardous waste reduction and toxics use reduction information and make that information available to State and local government and the public.   (b) It is the intent of this subchapter to encourage reduction of toxic substances and to reduce the generation of hazardous waste whenever technically and economically practicable, without shifting risks from one part of a process, environmental medium, or product to another. Priority shall be given to methods that reduce the amount of toxics used and, where that is not technically and economically practicable, methods that reduce the generation of hazardous waste. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 1.)
10 V.S.A. § 6625
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 159 - Waste Management|§ 6625. Toxics use reduction and hazardous waste reduction program

§ 6625. Toxics use reduction and hazardous waste reduction program|(a) The Secretary shall establish a program for toxics use reduction and hazardous waste reduction pursuant to this subchapter.(b) The Secretary shall coordinate the activities of all State agencies with responsibilities and duties relating to toxics use and hazardous waste and shall promote coordinated efforts to encourage toxics use reduction and hazardous waste reduction, with emphasis on the merits of use reduction as a means of reducing the amount of hazardous waste generated or hazardous material released into the environment. Coordination between the program and other relevant State agencies and programs shall, to the fullest extent possible, include joint planning processes and joint research and studies.(c) The planning and reporting requirements of this subchapter shall apply only to generators who routinely generate, through ongoing process and operation, more than 1,200 kg (2,640 lbs) of hazardous waste per year or more than 12 kg (26.4 lbs) of acutely hazardous waste per year, and to large users.(d) The Secretary shall adopt rules to carry out this subchapter. The rules shall include a provision for exempting from the requirements of this subchapter generators for whom the Secretary determines no source reduction opportunities exist. The Secretary may, by rule, add or remove any toxic substance or hazardous waste from the provisions of this subchapter. In order to add or remove any toxic substance or hazardous waste from the provisions of this subchapter, the Secretary shall make findings with respect to toxicity, potential impact on public health and the environment, and the potential for use reduction or waste reduction of the toxic substance or hazardous waste.(e) The Secretary shall adopt, by rule, a list of SIC codes that identifies those facilities that are subject to this subchapter as a large user. The list initially must include SIC codes 20 through 39. In adding additional SIC codes, the Secretary shall make findings with respect to chemical use within the SIC category, and shall find:  (1) that the potential impact on public health and the environment is significant; and (2) that the potential for use reduction and waste reduction within the category is significant.   (f) This subchapter shall not apply to farmers, dealers, or applicators regulated under 6 V.S.A. chapters 81 and 87, or any other persons to the extent they are regulated under any other chapters of Title 6. (Added 1989, No. 282 (Adj. Sess.) § 17, eff. June 22, 1990; amended 1991, No. 100, § 3.)