reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 162 - Texas Low-Level Radioactive Waste Disposal Compact › § 7061. Definitions

§ 7061. Definitions
(a) As used in this chapter:
(1) “Commission” means the Texas Low-Level Radioactive Waste Disposal Compact Commission.
(2) “Compact” or “Compact agreement” means the Texas Low-Level Radioactive Waste Disposal Compact.
(3) “Compact facility,” “disposal facility,” and “facility” mean any site, location, structure, or property within the State of Texas provided for the purposes of disposal of low-level radioactive waste, pursuant to the Compact.
(4) “Generator” means a person who produces or processes low-level radioactive waste in the course of its activities.
(5) “Low-level radioactive waste” means radioactive waste material that is not high-level radioactive waste, spent nuclear fuel, transuranic waste, or byproduct material, as defined in 42 U.S.C. § 2014(e)(2), the U.S. Atomic Energy Act of 1954, Section 11(e)(2), and that material the U.S. Nuclear Regulatory Commission, consistent with existing law, classifies as low-level radioactive waste.
(6) “Manage” means collection, consolidation, storage, packaging, or treatment of low-level radioactive waste.
(b) In addition, terms defined in the Compact shall have the same definition in this chapter, unless another meaning is clearly intended. (Added 1993, No. 137 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 162 - Texas Low-Level Radioactive Waste Disposal Compact › § 7062. Commission membership

§ 7062. Commission membership
The Governor shall appoint one or more persons with relevant knowledge and experience to represent the State on the Commission established by Article III of the Compact. The Governor may appoint an alternate for each Commission member appointed under this section. Each Commission member and alternate, if appointed, shall serve at the pleasure of the Governor. (Added 1993, No. 137 (Adj. Sess.), § 2; amended 2011, No. 47, § 20r, eff. May 25, 2011.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 162 - Texas Low-Level Radioactive Waste Disposal Compact › § 7063. Compensation of Commission members; report

§ 7063. Compensation of Commission members; report
Each Commission member and alternate is entitled to compensation at a rate established by the Governor, and for reimbursement for actual and necessary expenses incurred in the performance of his or her duties. If a State employee is appointed as a Commission member or an alternate, that State employee is not entitled to compensation in addition to such employee’s regular pay. At least annually by December 31, Commission members and alternates appointed under this section shall report to the Governor and the Commissioner of Public Service on their activities conducted in representing the State on the Commission. The report shall include an itemization of compensation paid and expenses incurred. Compensation and expenses of Commission members and alternates shall be included in the annual budget of the Department of Public Service and shall be specifically identified in the budget report filed pursuant to 32 V.S.A. §§ 306 and 307. (Added 1993, No. 137 (Adj. Sess.), § 2; amended 2011, No. 47, § 20s, eff. May 25, 2011.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 162 - Texas Low-Level Radioactive Waste Disposal Compact › § 7064. Support of the Compact Commission member

§ 7064. Support of the Compact Commission member
(a) The Agency of Natural Resources, the Agency of Administration, the Department of Public Service, the Department of Health, and the Attorney General shall respond to requests of the Commission member for data and information needed for Commission activities.
(b) Expenses of any State agency for all actions and proceedings authorized under this chapter and the Compact shall be allocated to the Secretary of Administration for billing under subdivision 7067(b)(3) of this title, including expenses for the use of additional personnel and regular employees. (Added 1993, No. 137 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 162 - Texas Low-Level Radioactive Waste Disposal Compact › § 7065. Compact responsibilities

§ 7065. Compact responsibilities
(a) For low-level radioactive waste, to the extent necessary to meet the requirements of the Texas Low-Level Radioactive Waste Disposal Compact, the Secretary of Natural Resources shall do the following:
(1) develop and enforce procedures for packaging, processing, and waste form specifications for low-level radioactive waste shipments to the compact facility;
(2) develop and enforce procedures for minimization of the volume of low-level radioactive waste generated;
(3) by no later than 180 days after the effective date of this chapter, establish the annual projected volume of low-level radioactive waste from each generator in Vermont to be disposed in the Compact facility for the years 1995-2045, to determine compliance with section 3.04(11) of the Compact agreement;
(4) collect, compile, and distribute data and information required under this section.
(b) For low-level radioactive waste, as part of its present responsibilities under 18 V.S.A. chapter 32, the Commissioner of Health shall do the following:
(1) maintain a registry of all generators of low-level radioactive waste within the State, including the amount and class of low-level radioactive waste generated by each generator;
(2) maintain an accounting of waste shipped and proposed to be shipped to the Compact facility by volume and curies, proposed transportation methods and routes, and proposed shipment schedules.
(c) The Secretary of Natural Resources may do the following:
(1) develop and enforce procedures for reports and manifests from generators of low-level radioactive waste within the State concerning the quantities, concentrations, and characteristics of waste generated and shipped; proposed transportation methods and routes; proposed shipment schedules; expected generation rates; packaging; and storage conditions and any other information reasonably necessary for the Agency and the Commission member to carry out their responsibilities;
(2) adopt rules under 3 V.S.A. chapter 25 for fulfilling the State responsibilities identified in this section and any other responsibilities established in the Compact for low-level radioactive waste.
(d) [Repealed.] (Added 1993, No. 137 (Adj. Sess.), § 2; amended 2009, No. 33, § 83(e)(10).)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 162 - Texas Low-Level Radioactive Waste Disposal Compact › § 7066. Requirements regarding radioactive waste disposal

§ 7066. Requirements regarding radioactive waste disposal
(a) Every generator of low-level radioactive waste in this State shall comply with the reporting requirements of this chapter.
(b) A generator of low-level radioactive waste in this State that existed, as a generator, on the effective date of the Compact, including any nuclear plant, may not be discriminated against with respect to access to disposal capacity at the Compact facility.
(c) No generator of low-level radioactive waste in the State existing on the date of enactment of this section may increase its generation of waste in a year by more than 20 percent of the total annual volume of waste from all generators estimated for disposal by the Secretary of Natural Resources, under subdivision 7065(a)(3) of this title, unless that generator receives a favorable determination from the Secretary of Natural Resources that disposal capacity will be available as provided by section 3.04(11) of the Compact agreement.
(d) Any person other than those generators identified in subsection (c) of this section who wishes to undertake an activity that will generate low-level radioactive waste in the State must first receive a favorable determination from the Secretary of Natural Resources that disposal capacity will be available as provided by section 3.04(11) of the Compact agreement.
(e) No generator of low-level radioactive waste may dispose of its low-level radioactive waste at the Compact facility unless that generator has a current indemnification agreement with the State of Vermont. Federal generators of low-level radioactive waste shall be required to indemnify the State only to the extent permitted by federal law. Any indemnification agreement shall be reviewed by the Attorney General before the State agrees to it. (Added 1993, No. 137 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 162 - Texas Low-Level Radioactive Waste Disposal Compact › § 7068. Enforcement

§ 7068. Enforcement
Any person who violates this chapter or any rule adopted under this chapter or refuses to comply with any of the provisions of this chapter shall be subject to enforcement actions under chapters 201 and 211 of this title. (Added 1993, No. 137 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164 - Comprehensive Mercury Management › § 7103. Multistate clearinghouse

§ 7103. Multistate clearinghouse
The Agency is authorized to participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this chapter, to coordinate State review of manufacturer notification under section 7104 of this title, applications for alternative product labeling under section 7106 of this title, exemption requests from product sale restrictions under section 7105 of this title, education and outreach activities, and to coordinate any other activities related to the administration of this chapter. Notwithstanding 1 V.S.A. § 317, the Agency may provide the multistate clearinghouse with product information submitted to the Department under section 7104 of this title, and the Agency and the multistate clearinghouse may compile or publish analyses or summaries of such information, provided the analyses or summaries do not identify any manufacturer or reveal any confidential information. (Added 2005, No. 13, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164 - Comprehensive Mercury Management › § 7104. Notification

§ 7104. Notification
(a) Effective July 1, 2006, no mercury-added product may be offered for final sale, sold at a final sale, or distributed in Vermont, unless the manufacturer or its designated industrial trade group gives prior notification in writing to the Agency or the multistate clearinghouse described in section 7103 of this chapter, as provided in this section. This notification, in a form approved by the Agency, at a minimum shall include:
(1) a brief description of the product or category of products to be offered for sale or distributed;
(2) the purpose for which mercury is used in each individual product or category of products;
(3) the amount of mercury in each unit of the product or product component, reported as an exact number or as falling within a range approved by the Agency;
(4) the name and address of the manufacturer, or manufacturers, and the name, address, and telephone number of a contact person for the manufacturer; and
(5) the total amount of mercury in all units of the product or product components sold in the United States during the most recent calendar year for which sales figures are available, reported either for the units or components sold by the manufacturer or as aggregated by a manufacturer trade association for all units of the product or components made by the industry.
(b) With the approval of the Agency or multistate clearinghouse, the manufacturer may supply the information required in this section for a product category rather than an individual product. The manufacturer or its designated industrial trade group shall revise the information in the notification whenever there is a significant change in the information or when requested by the Agency or the multistate clearinghouse. The information required under subdivision (a)(5) of this section must be updated and provided to the Agency or multistate clearinghouse every three years on a date established through the multistate clearinghouse.
(c) [Repealed.]
(d) The requirements of this section do not apply to drugs approved by the U.S. Food and Drug Administration or to any mercury-added product for which federal law governs notice in a manner that preempts State authority.
(e) Public disclosure of any business information submitted to the Agency pursuant to this section shall be governed by the requirements of 1 V.S.A. § 317. Notwithstanding the provisions of 1 V.S.A. § 317, the Agency may provide the multistate clearinghouse with copies of that information, and the Agency, in consultation with the clearinghouse, may compile or publish analyses or summaries of that information, provided the analyses or summaries do not identify any manufacturer or reveal any confidential information. (Added 2005, No. 13, § 1; amended 2005, No. 117 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164 - Comprehensive Mercury Management › § 7108. Mercury-added motor vehicle components

§ 7108. Mercury-added motor vehicle components
(a) Applicability. This section applies to:
(1) a motor vehicle recycler or scrap metal recycling facility in the State; and
(2) a manufacturer of motor vehicles sold in this State.
(b) Mercury-added switch removal requirements. A motor vehicle recycler that accepts end-of-life motor vehicles shall remove mercury-added vehicle switches prior to crushing, shredding, or other scrap metal processing and prior to conveying for crushing, shredding, or other scrap metal processing.
(1) Motor vehicle recyclers shall maintain a log sheet of switches removed from end-of-life motor vehicles and shall provide such log to the Agency annually or upon request of the Agency.
(2) Switches, including switches encased in light or brake assemblies, shall be collected, stored, transported, and handled in accordance with all applicable State and federal laws.
(c) Manufacturer mercury-added switch recovery program. A manufacturer of vehicles sold in this State, individually or as part of a group, shall implement a mercury-added vehicle switch recovery program that includes the following:
(1) educational material to assist motor vehicle recyclers in identifying mercury-added vehicle switches and safely removing, properly handling, and storing switches;
(2) storage containers provided at no cost to all motor vehicle recyclers identified by the Agency, suitable for the safe storage of switches, including switches encased in light or brake assemblies;
(3) collection, packaging, shipping, and recycling of mercury-added switches, including switches encased in light or brake assemblies, provided to all motor vehicle recyclers at no cost and that comply with all applicable State and federal laws; and
(4) a report on or before December 1 annually to the Agency that includes the total number of mercury-added switches recovered in the program, the names of the motor vehicle recyclers and the number of switches removed from each, and the total amount of mercury collected during the previous 12-month period.
(d) Agency responsibility.
(1) The Agency shall provide workshops and other training to motor vehicle recyclers to inform them of the requirements of this section.
(2) The Agency may develop, by procedure, exemptions of certain mercury-added vehicle switches and other components from the requirements of this section, including mercury-added switches that are inaccessible due to motor vehicle damage and anti-lock brake switches in certain motor vehicle types that are difficult or labor-intensive to remove. (Added 2017, No. 168 (Adj. Sess.), § 15, eff. May 22, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164 - Comprehensive Mercury Management › § 7109. Mercury in schools

§ 7109. Mercury in schools
After July 1, 2006, no school in Vermont may use, or purchase for use, in a primary or secondary nonvocational education program, any of the following: elemental mercury, chemicals containing mercury or mercury compounds, or mercury-added measuring devices. Other mercury-added products that are used by schools are not subject to this prohibition. No person shall bring elemental mercury onto the premises or into the buildings of schools located in Vermont, including child care facilities, preschools, kindergartens, and primary and secondary schools. (Added 2005, No. 13, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164 - Comprehensive Mercury Management › § 7111. Hospital mercury reduction plan

§ 7111. Hospital mercury reduction plan
By July 1, 2006, each hospital in Vermont shall submit a mercury reduction plan to the Agency, consistent with guidance provided by the Agency. The plan will cover all patient care sites owned or operated by the hospital. The plan shall identify and quantify mercury use and disposal related to patient care, including equipment and chemicals to the extent known through mercury content information provided by manufacturers or maintained by the Agency through labeling plans and notification. The plan will also set target mercury use reduction goals from the 2002 baseline year and will identify measures to be taken by the hospital to reduce mercury in patient care settings through reductions in use of equipment and chemicals containing mercury and through modifications in the hospital’s purchasing policies and procedures with regard to products containing mercury. An updated plan shall be submitted on July 1, 2009 and each three years thereafter. The Agency may exempt a hospital from future plan updates if the hospital has achieved greater than 95 percent reduction in mercury use from the baseline year and has demonstrated to the Agency that written purchasing policies are in place to minimize or eliminate mercury use in products. (Added 2005, No. 13, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164 - Comprehensive Mercury Management › § 7112. Public education and outreach

§ 7112. Public education and outreach
(a) The Agency and the Department of Health, in concert with other relevant State agencies, may implement a comprehensive public education, outreach, and assistance program for households, hazardous waste generators, municipalities, and solid waste management districts, small businesses, health care facilities, scrap metal facilities, dismantlers, institutions, schools, and other interested groups. These public education, outreach, and assistance programs should focus on the hazards of mercury, particularly those associated with the consumption of fresh and saltwater fish; the requirements and obligations of individuals, manufacturers, and agencies under this chapter; and voluntary efforts that individuals, institutions, and businesses can undertake to help further reduce mercury in the environment. These programs may also provide information to retailers, wholesalers, and the public on what products contain mercury, including those considered to be banned novelty items under section 7105 of this title; information on possible nonmercury alternatives; and information on products that do contain mercury, but may be environmentally beneficial. The Agency shall cooperate with manufacturers of mercury-added products and other affected businesses in the development and implementation of any public education and technical assistance programs. The Agency and the Department of Health may assist the municipalities and solid waste management districts in developing, designing, and disseminating information for the public about mercury-added products, the requirements of the law regarding the source separation of waste mercury-added products, and the collection programs that are available to the public, including any manufacturer-based reverse distribution system. A component of this information may be directed specifically at large public and private institutions that use and discard substantial numbers of waste mercury-added products and at any other large users of those products.
(b) The Agency shall cooperate with neighboring states and provinces and regional organizations in the northeastern United States and Canada to develop any outreach, assistance, and education programs, where appropriate.
(c) The Agency may develop an awards program to recognize the accomplishments of manufacturers, municipalities, solid waste management facilities, solid waste recycling facilities, household hazardous waste collection facilities, citizens, or others who go beyond the minimum requirements established under this chapter, and excel at reducing or eliminating mercury in air emissions, solid waste, and wastewater discharges. (Added 2005, No. 13, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164 - Comprehensive Mercury Management › § 7114. Mercury planning

§ 7114. Mercury planning
(a) The Agency shall develop a plan and identify the necessary resources to accomplish the plan that would provide the necessary data to answer the following questions concerning mercury contamination of fish:
(1) Are fish contaminant levels changing with time and in response to management actions?
(2) Is there a baseline water-column concentration of mercury above which risks to humans and wildlife from mercury become unacceptable?
(b) The plan shall be developed in collaboration among the Departments of Environmental Conservation, of Fish and Wildlife, and of Health and be submitted to the General Assembly not later than January 15, 2006. (Added 2005, No. 13, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164A - Collection and Disposal of Mercury-Containing Lamps › § 7151. Definitions

§ 7151. Definitions
As used in this chapter:
(1) “Agency” means the Agency of Natural Resources.
(2) “Covered entity” means any person who presents to a collection facility that is included in an approved plan:
(A) any number of compact fluorescent mercury-containing lamps; or
(B) 10 or fewer mercury-containing lamps that are not compact fluorescent lamps.
(3) “Lamp” means an electric lamp, including mercury-containing lamps, incandescent lamps, halogen lamps, and light-emitting diode lamps.
(4) “Manufacturer” means a person who:
(A) manufactures or manufactured a mercury-containing lamp under its own brand or label for sale in the State;
(B) sells in the State under its own brand or label a mercury-containing lamp produced by another supplier;
(C) owns a brand that it licenses or licensed to another person for use on a mercury-containing lamp sold in the State;
(D) imports into the United States for sale in the State a mercury-containing lamp manufactured by a person without a presence in the United States;
(E) manufactures a mercury-containing lamp for sale in the State without affixing a brand name; or
(F) assumes the responsibilities, obligations, and liabilities of a manufacturer as defined under subdivisions (A) through (E) of this subdivision (4), provided that the Secretary may enforce the requirements of this chapter against a manufacturer defined under subdivisions (A) through (E) of this subdivision (4) if a person who assumes the manufacturer’s responsibilities fails to comply with the requirements of this chapter.
(5) “Mercury-containing lamp” means a general purpose lamp to which mercury is intentionally added during the manufacturing process. “Mercury-containing lamp” does not mean a lamp used for medical, disinfection, treatment, or industrial purposes.
(6) “Program year” means the period from July 1 through June 30.
(7) “Retailer” means a person who sells a mercury-containing lamp to a person in the State through any means, including a sales outlet, a catalogue, the telephone, the Internet, or any electronic means.
(8) “Secretary” means the Secretary of Natural Resources.
(9) “Sell” or “sale” means any transfer for consideration of title or of the right to use by lease or sales contract a mercury-containing lamp to a person in the State of Vermont. “Sell” or “sale” does not include the sale, resale, lease, or transfer of a used mercury-containing lamp or a manufacturer’s or a distributor’s wholesale transaction with a distributor or a retailer.
(10) “Stewardship organization” means an organization, association, or entity that has developed a system, method, or other mechanism which assumes the responsibilities, obligations, and liabilities under this chapter of multiple manufacturers of mercury-containing lamps. (Added 2011, No. 36, § 2, eff. May 19, 2011.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164A - Collection and Disposal of Mercury-Containing Lamps › § 7152. Sale of mercury-containing lamps; stewardship organization registration

§ 7152. Sale of mercury-containing lamps; stewardship organization registration
(a) Sale prohibited. Beginning on July 1, 2012, except as set forth under section 7155 of this title, a manufacturer of a mercury-containing lamp shall not sell, offer for sale, or deliver to a retailer for subsequent sale a mercury-containing lamp unless all of the following have been met:
(1) The manufacturer is implementing an approved collection plan.
(2) The manufacturer has paid the fee under section 7158 of this title.
(3) The name of the manufacturer and the manufacturer’s brand are designated on the Agency of Natural Resources’ website as covered by an approved plan.
(4) The manufacturer has submitted an annual report under section 7153 of this title.
(5) The manufacturer has conducted a plan audit consistent with the requirements of subsection 7153(b) of this title.
(6) The manufacturer has demonstrated that no alternative non-mercury energy efficient lamp is available that provides the same or better overall performance at a cost equal to or better than the classes of lamps that the manufacturer proposes to sell.
(b) Stewardship organization registration requirements.
(1) Beginning January 1, 2012 and annually thereafter, a stewardship organization shall file a registration form with the Secretary. The Secretary shall provide the registration form to a stewardship organization. The registration form shall include:
(A) a list of the manufacturers participating in the stewardship organization;
(B) the name, address, and contact information of a person responsible for ensuring the manufacturer’s compliance with this chapter;
(C) a description of how the stewardship organization meets the requirements of subsection 7155(b) of this title, including any reasonable requirements for participation in the stewardship organization; and
(D) the name, address, and contact information of a person for a nonmember manufacturer to contact on how to participate in the stewardship organization to satisfy the requirements of this chapter.
(2) A renewal of a registration without changes may be accomplished through notifying the Agency of Natural Resources on a form provided by the Agency. (Added 2011, No. 36, § 2, eff. May 19, 2011.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164A - Collection and Disposal of Mercury-Containing Lamps › § 7153. Annual report; plan audit

§ 7153. Annual report; plan audit
(a) Annual report. At the end of each program year, a manufacturer of a mercury-containing lamp shall submit an annual report to the Secretary that contains the following:
(1) A description of the collection program.
(2) The number and type of mercury-containing lamps collected and the collection facility from which the lamps were collected.
(3) An estimate of the number of mercury-containing lamps available for collection and the methodology used to develop this number. Sales data and other confidential business information provided under this section shall not be subject to inspection and review pursuant to 1 V.S.A. chapter 5, subchapter 3 (access to public records). Confidential information shall be redacted from any final public report.
(4) The steps that the manufacturer has taken during the past program year to improve the collection rate and life cycle performance of mercury-containing lamps.
(b) Plan audit. Once every five years, the manufacturer shall hire an independent third party to audit the plan and plan operation. The auditor shall examine the effectiveness of the program in collecting and disposing of mercury-containing lamps. The auditor shall examine the cost-effectiveness of the program and compare it to that of collection programs for mercury-containing lamps in other jurisdictions. The auditor shall make recommendations to the Secretary on ways to increase program efficacy and cost-effectiveness. (Added 2011, No. 36, § 2, eff. May 19, 2011.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164A - Collection and Disposal of Mercury-Containing Lamps › § 7154. Collection plans

§ 7154. Collection plans
(a) Collection plan required. Prior to February 1, 2012, a manufacturer, individually or as a participant in a stewardship organization, shall submit a collection plan to the Secretary for review.
(1) Free collection of mercury-containing lamps. The collection program shall provide for free collection of mercury-containing lamps from covered entities. A manufacturer shall accept all mercury-containing lamps collected from a covered entity and shall not refuse the collection of a mercury-containing lamp based on the brand or manufacturer of the mercury-containing lamp. The collection program shall also provide for the payment of the costs for recycling and transportation from a collection facility to a recycler.
(2) Convenient collection location. The manufacturer shall develop a collection program that:
(A) allows all municipal collection locations and all retailers that sell mercury-containing lamps to opt to be a collection facility; and
(B) at a minimum, has not less than two collection facilities in each county.
(3) Public education and outreach. The collection plan shall include an education and outreach program that may include media advertising, retail displays, articles in trade and other journals and publications, and other public educational efforts. At a minimum, the education and outreach program shall notify the public of the following:
(A) that there is a free collection program for mercury-containing lamps;
(B) the location of collection points and how a covered entity can access this collection program; and
(C) the special handling considerations associated with mercury-containing lamps.
(4) Compliance with appropriate environmental standards. In implementing a collection plan, a manufacturer shall comply with all applicable laws related to the collection, transportation, and disposal of mercury-containing lamps. A manufacturer shall comply with any special handling or disposal standards established by the Secretary for a mercury-containing lamp or for the collection plan of the manufacturer.
(b) Term of collection plan. A collection plan approved by the Secretary under section 7156 of this title shall have a term not to exceed five years, provided that the manufacturer remains in compliance with the requirements of this chapter and the terms of the approved plan. (Added 2011, No. 36, § 2, eff. May 19, 2011.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164A - Collection and Disposal of Mercury-Containing Lamps › § 7155. Stewardship organizations

§ 7155. Stewardship organizations
(a) Participation in a stewardship organization. A manufacturer may meet the requirements of this chapter by participating in a stewardship organization that undertakes the manufacturer’s responsibilities under sections 7152, 7153, and 7154 of this title.
(b) Qualifications for a stewardship organization. To qualify as a stewardship organization under this chapter, an organization shall:
(1) commit to assume the responsibilities, obligations, and liabilities of all manufacturers participating in the stewardship organization;
(2) represent at least 45 percent of the market share of mercury-containing lamps sold in the State;
(3) not create unreasonable barriers for participation in the stewardship organization; and
(4) maintain a public website that lists all manufacturers and manufacturers’ brands covered by the stewardship organization’s approved collection plan.
(c) Exemption from antitrust provisions. A stewardship organization and manufacturers participating in a stewardship organization subject to the requirements of this chapter may engage in anticompetitive conduct to the extent necessary to develop and implement the collection plan required by this chapter. A stewardship organization or a manufacturer participating within a stewardship organization that is engaged in anticompetitive conduct under this subsection shall be immune from liability for conduct under State laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce if the stewardship organization is exercising due diligence to comply with the requirements of this chapter. (Added 2011, No. 36, § 2, eff. May 19, 2011.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164A - Collection and Disposal of Mercury-Containing Lamps › § 7156. Agency responsibilities

§ 7156. Agency responsibilities
(a) Review and approve collection plans. The Secretary shall review and approve or deny collection plans submitted under section 7154 of this title. The Secretary shall approve a collection plan if the Secretary finds that the plan:
(1) complies with the requirements of subsection 7154(a) of this title;
(2) provides adequate notice to the public of the collection opportunities available for mercury-containing lamps;
(3) ensures that collection of mercury-containing lamps will occur in an environmentally sound fashion that is consistent with the law or with any special handling requirements adopted by the Secretary;
(4) promotes the collection and disposal of mercury-containing lamps.
(b) Plan amendment. The Secretary, in his or her discretion or at the request of a manufacturer or a stewardship organization, may require a manufacturer or a stewardship organization to amend an approved plan. Plan amendments shall be subject to the public input provisions of subsection (c) of this section.
(c) Procedure. Before approving a collection plan under this chapter, the Secretary shall proceed in accordance with chapter 170 of this title.
(d) Registrations. The Secretary shall accept, review, and approve or deny registrations required by this chapter. The Secretary may revoke a registration of a stewardship organization for actions that are unreasonable, unnecessary, or contrary to the requirements or the policy of this chapter.
(e) Supervisory capacity. The Secretary shall act in a supervisory capacity over the actions of a stewardship organization registered under this section. In acting in this capacity, the Secretary shall review the actions of the stewardship organization to ensure that they are reasonable, necessary, and limited to carrying out requirements of and policy established by this chapter.
(f) Special handling requirements. The Secretary may adopt, by rule, special handling requirements for the collection, transport, and disposal of mercury-containing lamps.
(g) Approved plans; Internet posting. The Secretary shall post on the agency website all manufacturers and manufacturers’ brands that are covered under an approved plan. For stewardship organizations, the Agency may link to the list of manufacturers and manufacturers’ brands on the stewardship organization’s website. (Added 2011, No. 36, § 2, eff. May 19, 2011; amended 2015, No. 150 (Adj. Sess.), § 29, eff. Jan. 1, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164A - Collection and Disposal of Mercury-Containing Lamps › § 7157. Retailer obligations

§ 7157. Retailer obligations
(a) Sale prohibited. Except as set forth under subsection (b) of this section, beginning July 1, 2012, no retailer shall sell or offer for sale a mercury-containing lamp unless the retailer has reviewed the Agency website required in subsection 7156(g) of this title to determine that the manufacturer of the mercury-containing lamp is implementing an approved collection plan or is a member of a stewardship organization.
(b) Inventory exception; expiration or revocation of manufacturer registration. A retailer shall not be responsible for an unlawful sale of a mercury-containing lamp under this subsection if:
(1) the retailer purchased the mercury-containing lamp prior to July 1, 2012; or
(2) the manufacturer’s collection plan expired or was revoked, and the retailer took possession of the in-store inventory of mercury-containing lamps prior to the expiration or revocation of the manufacturer’s collection plan. (Added 2011, No. 36, § 2, eff. May 19, 2011.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164A - Collection and Disposal of Mercury-Containing Lamps › § 7158. Fees; disposition

§ 7158. Fees; disposition
(a) A manufacturer or stewardship organization shall pay $2,000.00 annually for operation under a collection plan approved by the Secretary under section 7156 of this title.
(b) The fees collected under subsection (a) of this section shall be deposited in the Environmental Permit Fund established under 3 V.S.A. § 2805. The Agency shall utilize no more than $20,000.00 annually of the fees collected under subsection (a) for the performance of its responsibilities under section 7156 of this title. (Added 2011, No. 36, § 2, eff. May 19, 2011.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164A - Collection and Disposal of Mercury-Containing Lamps › § 7159. Mercury content standards

§ 7159. Mercury content standards
(a) Mercury content standards for lamps. Beginning January 1, 2013, a mercury-containing lamp sold in this State shall satisfy the mercury-content standard for lamps set by California.
(b) Rulemaking; implementation. The Agency of Natural Resources may adopt rules to implement the requirements of this chapter, including exemptions from the mercury content standards established under subsection (a) of this section.
(c) Certificate of compliance.
(1) Beginning April 1, 2013, the Secretary may request a manufacturer of a lamp or lamps to submit a certification, supported by technical information, that the manufacturer’s lamp or lamps that are sold or offered for sale in the State comply with the standard established under subsection (a) of this section. A manufacturer shall submit a certificate of compliance within 30 days of the Secretary’s request. If a manufacturer fails to provide a requested certification within 30 days of the request, the manufacturer shall be prohibited from selling lamps or offering lamps for sale in the State.
(2) Upon request of a retailer or other person selling a manufacturer’s lamps, a manufacturer shall provide a certification that the manufacturer’s lamp or lamps comply with the standard established under subsection (a) of this section. A manufacturer shall provide a certificate of compliance within 30 days of the retailer’s request. The certification must specify that the lamp or lamps are not prohibited from sale in the State. If a manufacturer fails to provide a certification under this subdivision (c)(2), the manufacturer shall be prohibited from selling lamps or offering lamps for sale in the State. (Added 2011, No. 36, § 2, eff. May 19, 2011.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164A - Collection and Disposal of Mercury-Containing Lamps › § 7160. Other disposal programs

§ 7160. Other disposal programs
A municipality or other public agency may not require covered entities to use public facilities to dispose of mercury-containing lamps to the exclusion of other lawful programs available. A municipality and other public agencies are encouraged to work with manufacturers to assist them in meeting their collection and disposal obligations under this chapter. Nothing in this chapter prohibits or restricts the operation of any program collecting and disposing of mercury-containing lamps in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or disposing of mercury-containing lamps, provided that all other applicable laws are met. (Added 2011, No. 36, § 2, eff. May 19, 2011.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164A - Collection and Disposal of Mercury-Containing Lamps › § 7161. Continued implementation of approved collection plan

§ 7161. Continued implementation of approved collection plan
(a) Notwithstanding application of the requirements of this chapter to manufacturers of mercury containing lamps who sell, offer for sale, or deliver for subsequent sale in the State, a manufacturer that sold, offered for sale, or delivered mercury containing lamps for subsequent sale in the State prior to January 1, 2024 shall be required to continue implementation of an approved collection plan and to continue compliance with the requirements under this chapter.
(b) Beginning on January 15, 2025, and biennially thereafter, the Secretary of Natural Resources shall recommend to the House Committee on Environment and Energy and the Senate Committee on Natural Resources and Energy whether the General Assembly should continue to require implementation of a collection plan by manufacturers under subsection (a) of this section. The Secretary may include the recommendation required by this subsection in the biennial report on solid waste required under subsection 6004(b) of this title. (Added 2021, No. 120 (Adj. Sess.), § 4, eff. July 1, 2022.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164B - Collection and Management of Household Hazardous Products › § 7182. Sale of covered household hazardous products; stewardship organization registration

§ 7182. Sale of covered household hazardous products; stewardship organization registration
(a) Sale prohibited. Beginning six months after a final decision on the adequacy of a collection plan by the Secretary, a manufacturer of a covered household hazardous product shall not sell, offer for sale, or deliver to a retailer for subsequent sale a covered household hazardous product unless all the following have been met:
(1) The manufacturer is participating in a stewardship organization implementing an approved collection plan.
(2) The name of the manufacturer, the manufacturer’s brand, and the name of the covered household hazardous product are submitted to the Agency of Natural Resources by a stewardship organization and listed on the stewardship organization’s website as covered by an approved collection plan.
(3) The stewardship organization in which the manufacturer participates has submitted an annual report consistent with the requirements of section 7185 of this title.
(4) The stewardship organization in which the manufacturer participates has conducted a plan audit consistent with the requirements of subsection 7185(b) of this title.
(b) Stewardship organization registration requirements.
(1) On or before January 1, 2025 and annually thereafter, a stewardship organization shall file a registration form with the Secretary. The Secretary shall provide the registration form to the stewardship organization. The registration form shall include:
(A) a list of the manufacturers participating in the stewardship organization;
(B) a list of the brands of each manufacturer participating in the stewardship organization;
(C) a list of the covered household hazardous products of each manufacturer participating in the stewardship organization;
(D) the name, address, and contact information of a person responsible for ensuring compliance with this chapter;
(E) a description of how the stewardship organization meets the requirements of subsection 7184(b) of this title, including any reasonable requirements for participation in the stewardship organization; and
(F) the name, address, and contact information of a person for a nonmember manufacturer to contact regarding how to participate in the stewardship organization to satisfy the requirements of this chapter.
(2) A renewal of a registration without changes may be accomplished through notifying the Agency of Natural Resources on a form provided by the Agency. (Added 2023, No. 58, § 2, eff. June 12, 2023.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164B - Collection and Management of Household Hazardous Products › § 7184. Stewardship organizations

§ 7184. Stewardship organizations
(a) Participation in a stewardship organization. A manufacturer shall meet the requirements of this chapter by participating in a stewardship organization that undertakes the responsibilities under sections 7182, 7183, and 7185 of this title.
(b) Qualifications for a stewardship organization. To qualify as a stewardship organization under this chapter, an organization shall:
(1) commit to assume the responsibilities, obligations, and liabilities of all manufacturers participating in the stewardship organization;
(2) not create unreasonable barriers for participation in the stewardship organization; and
(3) maintain a public website that lists all manufacturers and manufacturers’ brands and products covered by the stewardship organization’s approved collection plan. (Added 2023, No. 58, § 2, eff. June 12, 2023.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164B - Collection and Management of Household Hazardous Products › § 7186. Antitrust; conduct authorized

§ 7186. Antitrust; conduct authorized
(a) Activity authorized. A manufacturer, group of manufacturers, or stewardship organization implementing or participating in an approved collection plan under this chapter for the collection, transport, processing, and end-of-life management of covered household hazardous products is individually or jointly immune from liability for conduct under State laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce under 9 V.S.A. chapter 63, subchapter 1 to the extent that the conduct is reasonably necessary to plan, implement, and comply with the stewardship organization’s chosen system for managing discarded covered household hazardous products.
(b) Limitations on antitrust activity. Subsection (a) of this section shall not apply to an agreement among producers, groups of manufacturers, retailers, wholesalers, or stewardship organizations affecting the price of covered household hazardous products or any agreement restricting the geographic area in which or customers to whom covered household hazardous products shall be sold. (Added 2023, No. 58, § 2, eff. June 12, 2023.)