reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6643. Application process

§ 6643. Application process
A person shall apply to the Secretary for participation in the Program on a form determined by the Secretary accompanied by a nonrefundable application fee of $500.00. The application shall include:
(1) A preliminary environmental assessment of the property, a legal description of the property, a description of the physical characteristics of the property, the nature and extent of releases and threatened releases at the property and the risks to human health and the environment presented by the releases or threatened release, and any other information requested by the Secretary.
(2) A description of the proposed redevelopment and use of the property.
(3) A certification that the applicant has given timely notification to the public that provides a reasonable opportunity for public comment to the Secretary regarding the information and material provided in subdivisions (2) and (3) of this section.
(4) A notarized certification, on a form provided by the Secretary, in which the applicant attests to all the following:
(A) Each person who would benefit from liability protection pursuant to section 6653 of this title has disclosed to the Secretary all information currently known to the person or in the person’s possession or control that relates to releases or threatened releases of hazardous materials at the property.
(B) No person, including a principal, owner, director, affiliate, or subsidiary, who would benefit from liability protection pursuant to section 6653 of this title:
(i) currently holds or ever held an ownership interest in the property or in any related fixtures or appurtenances, except for either of the following:
(I) a secured lender’s holding indicia of ownership in the property primarily to assure repayment of a financial obligation;
(II) an innocent current owner;
(ii) directly or indirectly caused or contributed to any releases or threatened releases of hazardous materials at the property;
(iii) currently operates or controls or ever operated or controlled the operation at the property of a facility for the storage, treatment, or disposal of hazardous materials from which there was a release;
(iv) disposed of, or arranged for the disposal of hazardous materials at the property;
(v) generated hazardous materials that were disposed of at the property. (Added 2007, No. 147 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6644. General obligations

§ 6644. General obligations
Any person participating in the Program shall do all the following:
(1) Not provide any information required under this subchapter by fraud, intentional misrepresentation, failure to disclose material information, or providing false certification.
(2) Not engage in any activity that is inconsistent or interferes with monitoring, investigation, abatement, removal, or remediation activities or the conditions or restrictions in a certificate of completion.
(3) Provide access to and cooperate with the Secretary and any person liable pursuant to section 6615 of this title acting subject to the approval of the Secretary for investigation, abatement, removal, remediation, or monitoring activities at the property. The grant of access and all other provisions that the Secretary determines necessary may be memorialized in the form of an interest in real property that runs with the land and is binding against successors and assigns.
(4) Comply with all rules and procedures required by the Secretary and obtain all necessary permits, certifications, and other required authorizations prior to beginning any site investigation or corrective action plan activities.
(5) If an innocent current owner, pay any additional costs of the Secretary’s review and oversight of the site investigation or corrective action plan, or both.
(6) Provide the Secretary with all documents and information relating to the performance of the investigation, abatement, removal, remediation, and monitoring activities.
(7) Defend, indemnify, save, and hold harmless the State from all claims and causes of action related to, or arising from, acts or omissions of the applicant in performing the site investigation and corrective action plan except in the case of either of the following:
(A) reimbursement of fees or costs improperly required by and paid to the Secretary by the eligible person or successor;
(B) a cause of action related to the State’s liability pursuant to subsection 6615(a) of this title. (Added 2007, No. 147 (Adj. Sess.), § 7; amended 2009, No. 134 (Adj. Sess.), § 31.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6645. Eligibility

§ 6645. Eligibility
Not more than 30 days after the Secretary receives a complete application, the Secretary shall determine eligibility and provide written notice to the applicant of the Secretary’s determination. A person is eligible for participation in the Program if the Secretary determines all the following:
(1) There is a release or threatened release of hazardous material at the property that the person proposes for remediation and redevelopment.
(2) The applicant is not liable pursuant to section 6615 of this title for any release or threatened release of a hazardous material at the property or the person is an innocent current owner of the property. The Commissioner may accept an affidavit of innocence or may request further information and investigate to determine compliance with this section. Any determination of innocence or liability under this subdivision is solely for the purpose of the initial eligibility determination for this Program and shall have no collateral effect in other proceedings.
(3) The property is a Brownfield site, or the Secretary determines, on a site-by-site basis, both the following:
(A) The property is not a Brownfield site because it is excluded pursuant to subdivision 6642(2)(A), (C)(ii)—(v), (D), (E), (G), or (H) of this title.
(B) Participation in the Program will promote the Program objectives identified in subsection 6641(a) of this title. (Added 2007, No. 147 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6646. Forbearance

§ 6646. Forbearance
Provided that the applicant has been determined to be eligible for the Program and is working in good faith toward meeting the obligations required by this subchapter:
(1) the State may not bring an action against an applicant based on liability as an owner pursuant to subdivision 6615(a)(1) of this title; and
(2) with respect to prospective purchasers, no person may bring a claim for contribution pursuant to subsection 6615(i), provided:
(A) the prospective purchaser’s liability is limited to liability as an owner pursuant to subdivision 6615(a)(1) of this title; and
(B) the Secretary has approved a corrective action plan for the site pursuant to section 6648 of this title. (Added 2007, No. 147 (Adj. Sess.), § 7; amended 2021, No. 170 (Adj. Sess.), § 9, eff. July 1, 2022.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6649. Amendments to a corrective action plan

§ 6649. Amendments to a corrective action plan
(a) Except for the corrective action plan adjustment limitations provided under subsection (b) of this section, at the applicant’s request or in the Secretary’s discretion, the Secretary may amend the plan if the Secretary determines that the amendment is necessary to protect public health and the environment.
(b) An approved corrective action plan of an applicant who became a participant in the Program prior to acquiring any ownership interest in the property and who is not otherwise liable pursuant to section 6615 of this title may be amended only at the Secretary’s discretion, provided the amendments to the corrective action plan do not increase the costs of completion by more than 30 percent of the estimated costs of the original corrective action plan.
(c) Notwithstanding issuance of a certificate of completion pursuant to section 6653 of this title, if at any time the Secretary finds that a completed corrective action plan fails to protect adequately human health and the environment or fails to meet all applicable remediation and federal cleanup standards, the Secretary may do any of the following:
(1) exercise authority pursuant to section 6615 of this title against any liable person except the person or the successor of the person that completed the corrective action plan;
(2) perform all investigation, abatement, removal, remediation, or monitoring activities necessary to ensure the property meets all the applicable remediation standards. (Added 2007, No. 147 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6650. Program withdrawal

§ 6650. Program withdrawal
(a) An applicant may withdraw from the Program at any time, provided the applicant does all the following:
(1) Files with the Secretary a notice of intent to withdraw from the Program.
(2) Ensures that the site is stabilized. Site stabilization includes any action necessary to ensure that work conducted at the property will not cause greater risk to human health and the environment than existed before the remediation work was begun and to ensure that the property will not pose an imminent hazard to human health or the environment.
(3) Continues to comply with the general obligations of section 6644 of this title.
(b) An applicant may withdraw from the Program after the approval of a corrective action plan and the Secretary has granted personal liability protection as authorized in subsection 6653(b) of this title provided the applicant does all the following:
(1) Meets all the requirements of withdrawal pursuant to subsection (a) of this section.
(2) Records a deed restriction on the property approved by the Secretary. The deed restriction shall include:
(A) any limitations on the uses of the property based on risk-based exposure criteria used in developing the corrective action plan;
(B) prohibitions against physical changes to the property;
(C) a requirement that protective barriers to control remaining sources of contamination be installed and maintained;
(D) restrictions on groundwater use and requirements that alternative water supplies be provided.
(3) Does not engage in an activity at the property that is inconsistent or interferes with the approved corrective action plan.
(4) Does not violate any use restriction imposed on the property by the Secretary.
(5) Promptly reports and addresses contamination caused or exacerbated by a negligent or reckless action during corrective action. (Added 2007, No. 147 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6651. Implementation of corrective action plan

§ 6651. Implementation of corrective action plan
(a) The applicant shall perform all investigation, abatement, remediation, removal, and monitoring activities in accordance with the approved corrective action plan, any amendments to the plan, and all applicable local, State, and federal laws.
(b) If prior to the issuance of the certificate of completion, the applicant through the performance of an approved site investigation or corrective action plan worsens an existing release or threatened release of hazardous materials at the property, or causes a new release or threatened release, the applicant shall immediately notify the Secretary, prepare and submit to the Secretary an amendment to the corrective action plan for investigation, abatement, removal, remediation, and monitoring of the release or threatened release, and carry out the amended corrective action plan as approved by the Secretary. (Added 2007, No. 147 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6652. Certificate of completion

§ 6652. Certificate of completion
(a) After completion of all activities required by the corrective action plan, the applicant shall file a completion report with the Secretary. The completion report shall include all the following:
(1) description of the activities performed under the corrective action plan and any amendments to the plan;
(2) description of any problems encountered;
(3) certification by the applicant that the activities were performed in accordance with the corrective action plan.
(b) Upon receipt of the completion report, the Secretary shall determine whether additional work is required in order to complete the plan. The applicant shall perform any additional activities necessary to complete the corrective action plan as required by the Secretary and shall submit a new completion report. When the Secretary determines that the applicant has successfully completed the corrective action plan and paid all fees and costs due under this subchapter, the Secretary shall issue a certificate of completion, which certifies that the work is completed. The certificate of completion shall include a description of any land use restrictions and other conditions required by the corrective action plan. The Secretary may establish land use restrictions in the certificate of completion for a property, but the Secretary shall not acquire interests in the property in order to establish a land use restriction.
(c) If, on request of the applicant, the Secretary determines that no further investigation, abatement, removal, remediation, or monitoring activities are required, the Secretary shall issue a certificate of completion that includes a description of any required land use restrictions.
(d) The Secretary may determine that a corrective action plan and any amendments of an applicant who participated in the program prior to acquiring an ownership interest in the property and is not otherwise liable pursuant to section 6615 of this title have been substantially completed and that all fees and costs due under this subchapter have been paid and issue a certificate of completion. The certificate of completion shall certify that the work is completed and may include conditions for operation and monitoring in addition to the requirements pursuant to section 6653 of this title.
(e) A certificate of completion issued pursuant to this section shall contain a statement that the protection from liability pursuant to subsection 6653(a) of this title is in effect. The person receiving the certificate of completion shall file it in the land records for the municipality in which the property is located. (Added 2007, No. 147 (Adj. Sess.), § 7; amended 2017, No. 55, § 5, eff. June 2, 2017.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6655. State Plan for Brownfield Reclamation

§ 6655. State Plan for Brownfield Reclamation
The Agency of Natural Resources and the Agency of Commerce and Community Development shall jointly develop a State Plan for Brownfield Reclamation that includes both of the following:
(1) an inventory and assessment of potential sites prioritized by the ease of reducing the threat to public health, the availability of development opportunities, and the highest expected return on public investment;
(2) methods and strategies for coordinating remediation with eventual usage of the sites, reclamation of high priority projects, financing projects with various public and private funding, and assuring consistent investment by the State for a minimum of 10 years in order to return as many properties as possible to recreation, parks, green space, housing, and commercial uses. (Added 2007, No. 147 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6671. Purpose

§ 6671. Purpose
The purpose of this subchapter is to establish an environmentally sound, cost-effective Paint Stewardship Program in the State that will undertake responsibility for the development and implementation of strategies to reduce the generation of postconsumer paint; promote the reuse of postconsumer paint; and collect, transport, and process postconsumer paint, including reuse, recycling, energy recovery, and disposal. The Paint Stewardship Program will follow the waste management hierarchy for managing and reducing postconsumer paint in the order as follows: reduce consumer generation of postconsumer paint, reuse, recycle, provide for energy recovery, and dispose. The Paint Stewardship Program will provide more opportunities for consumers to manage properly their postconsumer paint, provide fiscal relief for local government in managing postconsumer paint, keep paint out of the waste stream, and conserve natural resources. (Added 2013, No. 58, § 1, eff. June 3, 2013.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6672. Definitions

§ 6672. Definitions
As used in this subchapter:
(1) “Architectural paint” means interior and exterior architectural coatings, including interior or exterior water- and oil-based coatings, primers, sealers, or wood coatings, that are sold in containers of five gallons or less. “Architectural paint” does not mean industrial coatings, original equipment coatings, or specialty coatings.
(2) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell architectural paint to retailers in Vermont.
(3) “Energy recovery” means recovery in which all or a part of the solid waste materials are processed in order to use the heat content or other forms of energy of or from the material.
(4) “Environmentally sound management practices” means policies to be implemented by a producer or a stewardship organization to ensure compliance with all applicable laws and also addressing such issues as adequate record keeping, tracking and documenting the fate of materials within the State and beyond, and adequate environmental liability coverage for professional services and for the operations of the contractors working on behalf of the producer organization.
(5) “Municipality” means a city, town, or a village.
(6) “Paint stewardship assessment” means a one-time charge that is:
(A) added to the purchase price of architectural paint sold in Vermont;
(B) passed from the producer to the wholesale purchaser to the retailer and then to a retail consumer; and
(C) necessary to cover the cost of collecting, transporting, and processing the postconsumer paint managed through the statewide Program.
(7) “Postconsumer paint” means architectural paint and its containers not used and no longer wanted by a purchaser.
(8) “Producer” means a manufacturer of architectural paint who sells, offers for sale, or distributes that paint in Vermont under the producer’s own name or brand.
(9) “Recycling” means any process by which discarded products, components, and by-products are transformed into new usable or marketable materials in a manner in which the original products may lose their identity but does not include energy recovery or energy generation by means of combusting discarded products, components, and by-products with or without other waste products.
(10) “Retailer” means any person that offers architectural paint for sale at retail in Vermont.
(11) “Reuse” means the return of a product into the economic stream for use in the same kind of application as originally intended, without a change in the product’s identity.
(12) “Secretary” means the Secretary of Natural Resources.
(13) “Sell” or “sale” means any transfer of title for consideration, including remote sales conducted through sales outlets, catalogues, or the Internet or any other similar electronic means.
(14) “Stewardship organization” means a nonprofit corporation or nonprofit organization created by a producer or group of producers to implement the Paint Stewardship Program required under this subchapter. (Added 2013, No. 58, § 1, eff. June 3, 2013.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6674. Retailer responsibility

§ 6674. Retailer responsibility
(a) A producer or retailer may not sell or offer for sale architectural paint to any person in Vermont unless the producer of that architectural paint brand or a stewardship program of which the producer of that architectural paint brand is a member is implementing an approved plan for a Paint Stewardship Program as required by section 6673 of this title. A retailer complies with the requirements of this section if, on the date the architectural paint was ordered from the producer or its agent, the producer or paint brand is listed on the Agency of Natural Resources’ website as a producer or brand participating in an approved plan for a Paint Stewardship Program.
(b) At the time of sale to a consumer, a producer, a stewardship organization, or a retailer selling or offering architectural paint for sale shall provide the consumer with information regarding available management options for postconsumer paint collected through the Paint Stewardship Program or a brand of paint being sold under the Program. (Added 2013, No. 58, § 1, eff. June 3, 2013.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6675. Agency responsibility

§ 6675. Agency responsibility
(a)(1) Within 90 days of receipt of a plan submitted under section 6673 of this title, the Secretary shall review the plan and make a determination whether or not to approve the plan. The Secretary shall issue a letter of approval for a submitted plan if:
(A) the submitted plan provides for the establishment of a Paint Stewardship Program that meets the requirements of subsection 6673(a); and
(B) the Secretary determines that the plan:
(i) achieves convenient collection for consumers;
(ii) educates the public on proper paint management;
(iii) manages waste paint in a manner that is environmentally safe and promotes reuse and recycling; and
(iv) is cost-effective.
(2) If the Secretary does not approve a submitted plan, the Secretary shall issue to the paint stewardship organization a letter listing the reasons for the disapproval of the plan. If the Secretary disapproves a plan, a paint stewardship organization intending to sell or continue to sell architectural paint in the State shall submit a new plan within 60 days of receipt of the letter of disapproval.
(b)(1) The Secretary shall review and approve the stewardship assessment proposed by a producer pursuant to subsection 6673(b) of this title. The Secretary shall only approve the Program budget and any assessment if the applicant has demonstrated that the costs of the Program and any proposed assessment are reasonable and the assessment does not exceed the costs of implementing an approved plan.
(2) If an amended plan is submitted under subsection 6673(g) of this title that proposes to change the cost of the Program or proposes to change the paint stewardship assessment under the plan, the disapproval of any proposed new assessment or the failure of an approved new assessment to cover the total costs of the Program shall not relieve a producer or stewardship organization of its obligation to continue to implement the approved plan under the originally approved assessment.
(c) Facilities solely collecting paint for the Paint Stewardship Program that would not otherwise be subject to solid waste certification requirements shall not be required to obtain a solid waste certification. Persons solely transporting paint for the Paint Stewardship Program that would not otherwise be subject to solid waste hauler permitting requirements shall not be required to obtain a solid waste hauler’s permit. (Added 2013, No. 58, § 1, eff. June 3, 2013.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6676. Anticompetitive conduct

§ 6676. Anticompetitive conduct
(a) A producer or an organization of producers that manages postconsumer paint, including collection, transport, recycling, and processing of postconsumer paint, as required by this subchapter may engage in anticompetitive conduct to the extent necessary to implement the plan approved by the Secretary and is immune from liability for the conduct relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.
(b) The activity authorized and the immunity afforded under subsection (a) of this section shall not apply to any agreement among producers or paint stewardship organizations:
(1) establishing or affecting the price of paint, except for the paint stewardship assessment approved under subsection 6675(b) of this title;
(2) setting or limiting the output or production of paint;
(3) setting or limiting the volume of paint sold in a geographic area;
(4) restricting the geographic area where paint will be sold; or
(5) restricting the customers to whom paint will be sold or the volume of paint that will be sold. (Added 2013, No. 58, § 1, eff. June 3, 2013.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6677. Producer reporting requirements

§ 6677. Producer reporting requirements
No later than October 15, 2015, and annually thereafter, a producer or a stewardship program of which the producer is a member shall submit to the Secretary a report describing the Paint Stewardship Program that the producer or Stewardship Program is implementing as required by section 6673 of this title. At a minimum, the report shall include:
(1) a description of the methods the producer or Stewardship Program used to reduce, reuse, collect, transport, recycle, and process postconsumer paint statewide in Vermont;
(2) the volume and type of postconsumer paint collected by the producer or Stewardship Program at each collection center in all regions of Vermont;
(3) the volume of postconsumer paint collected by the producer or Stewardship Program in Vermont by method of disposition, including reuse, recycling, energy recovery, and disposal;
(4) an independent financial audit of the Paint Stewardship Program implemented by the producer or the Stewardship Program;
(5) the prior year’s actual direct and indirect costs for each Program element and the administrative and overhead costs of administering the approved Program; and
(6) samples of the educational materials that the producer or stewardship program provided to consumers of architectural paint. (Added 2013, No. 58, § 1, eff. June 3, 2013.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6678. Confidential business information

§ 6678. Confidential business information
Data reported to the Secretary by a producer or stewardship organization under this subchapter shall be a trade secret exempt from public inspection and copying under 1 V.S.A. § 317(c)(9), provided that the Secretary may use and disclose such information in summary or aggregated form that does not directly or indirectly identify individual producers, distributors, or retailers. The Secretary may require, as a part of the report submitted under section 6677 of this title, that the manufacturer or stewardship organization provide a report that does not contain trade secret information and is available for public inspection and review. (Added 2013, No. 58, § 1, eff. June 3, 2013.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6680. Universal waste designation for postconsumer paint

§ 6680. Universal waste designation for postconsumer paint
(a) The requirements of Subchapter 9 of the Vermont Hazardous Waste Management Rules, which allow certain categories of hazardous waste to be managed as universal waste, shall apply to postconsumer paint until the postconsumer paint is discarded, provided that:
(1) the postconsumer paint is collected as a part of a stewardship plan approved under this subchapter; and
(2) the collected postconsumer paint is or includes paint that is a hazardous waste as defined and regulated by the Vermont Hazardous Waste Management Rules.
(b) When postconsumer paint is regulated as universal waste under subsection (a) of this section, small and large quantity handlers of the postconsumer paint shall manage the postconsumer paint in a manner that prevents releases of any universal waste or component of the universal waste to the environment. Postconsumer paint regulated as universal waste shall, at a minimum, be contained in one or more of the following:
(1) a container that remains closed, structurally sound, and compatible with the postconsumer paint and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; or
(2) a container that does not meet the requirements of subdivision (1) of this subsection, provided that the unacceptable container is overpacked in a container that meets the requirements of subdivision (1).
(c) Containers holding postconsumer paint that is regulated as universal waste shall be clearly labeled “Universal Waste Paint,” “Used Paint,” or “Waste Paint.”
(d) Unless otherwise provided by statute, the definitions of the Vermont Hazardous Waste Management Rules shall apply to this section. (Added 2013, No. 58, § 1, eff. June 3, 2013.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6692. Single-use plastic carryout bags; prohibition

§ 6692. Single-use plastic carryout bags; prohibition
A store or food service establishment shall not provide a single-use plastic carryout bag to a customer. (Added 2019, No. 69, § 2, eff. July 1, 2020.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6693. Recyclable paper carryout bag

§ 6693. Recyclable paper carryout bag
(a) A store or food service establishment may provide a consumer a recyclable paper carryout bag at the point of sale if the bag is provided to the consumer for a charge of not less than $0.10 per bag.
(b) All monies collected by a store or food service establishment under this section for provision of a recyclable paper carryout bag shall be retained by the store or food service establishment. (Added 2019, No. 69, § 2, eff. July 1, 2020.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6694. Single-use plastic straws

§ 6694. Single-use plastic straws
(a) A food service establishment shall not provide a single-use plastic straw to a customer, except that a food service establishment may provide a straw to a person upon request.
(b) The prohibition on sale or provision of a single-use plastic straw under subsection (a) of this section shall not apply to:
(1) a hospital licensed under 18 V.S.A. chapter 43;
(2) a nursing home, residential care home, assisted living residence, home for the terminally ill, or therapeutic community, as those terms are defined in 33 V.S.A. chapter 71; or
(3) an independent living facility as that term is defined in 32 V.S.A. chapter 225.
(c) This section shall not alter the requirements of 9 V.S.A. chapter 139 regarding the provision of services by a place of public accommodation. (Added 2019, No. 69, § 2, eff. July 1, 2020.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6696. Expanded polystyrene food service products

§ 6696. Expanded polystyrene food service products
(a) A person shall not sell or offer for sale in the State an expanded polystyrene food service product.
(b) A store or food service establishment shall not sell or provide food or beverages in an expanded polystyrene food service product.
(c) This section shall not prohibit a person from storing or packaging a food or beverage in an expanded polystyrene food service product for distribution out of State. (Added 2019, No. 69, § 2, eff. July 1, 2020.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6697. Civil penalties; warning

§ 6697. Civil penalties; warning
(a) A person, store, or food service establishment that violates the requirements of this subchapter shall be fined in accordance with chapter 201 of this title.
(b) For the purposes of enforcement under this subchapter, an offense shall be each day a person, store, or food service establishment is violating a requirement of this subchapter. (Added 2019, No. 69, § 2, eff. July 1, 2020; amended 2023, No. 79, § 12, eff. July 1, 2023.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6698. Inventory exception

§ 6698. Inventory exception
A store or food service establishment shall not violate a prohibition under this subchapter regarding the provision of a carryout bag, single-use plastic straw, single-use stirrer, or expanded polystyrene food service product if the store or food service establishment:
(1) purchased the carryout bag, single-use plastic straw, single-use stirrer, or expanded polystyrene food service product prior to May 15, 2019; and
(2) provides the carryout bag, single-use plastic straw, single-use stirrer, or expanded polystyrene food service product to a consumer on or before July 1, 2021. (Added 2019, No. 69, § 2, eff. July 1, 2020.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6699. Application to municipal bylaws, ordinances, or charters; preemption

§ 6699. Application to municipal bylaws, ordinances, or charters; preemption
(a) The General Assembly finds that the requirements of this subchapter are of statewide interest and, beginning on July 1, 2020, shall be applied uniformly in the State and shall occupy the entire field of regulation of single-use plastic carryout bags; single-use, recyclable paper carryout bags; single-use plastic straws; single-use plastic stirrers; and expanded polystyrene food service products.
(b) A municipal ordinance, bylaw, or charter adopted or enacted before July 1, 2020 that regulates or addresses the use, sale, or provision of single-use plastic carryout bags, single-use recyclable paper carryout bags, single-use plastic straws, single-use plastic stirrers, or expanded polystyrene food service products is preempted by the requirements of this subchapter, and a municipality shall not enforce or otherwise implement the ordinance, bylaw, or charter. (Added 2019, No. 69, § 2, eff. July 1, 2020.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 161 - Disposal of Low-Level Radioactive Waste › § 7000. Implementation of the provisions of this chapter

§ 7000. Implementation of the provisions of this chapter
(a) There shall be no further implementation of the provisions of this chapter unless authorized by an act of the General Assembly. Any such act authorizing further implementation of this chapter shall include provisions that establish or designate an entity to accomplish the functions previously assigned, under this chapter, to the Low-Level Radioactive Waste Authority.
(b) The Low-Level Radioactive Waste Fund created under subsection 7013(a) of this title shall be terminated after funds are transferred in accordance with subdivision 7067(b)(4) of this title. (Added 1993, No. 137 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 161 - Disposal of Low-Level Radioactive Waste › § 7014. Tax ramifications

§ 7014. Tax ramifications
(a) All property and business of the Authority is devoted to an essential public and governmental function and purpose and is exempt from all taxes, franchise fees, and special assessments of whatever nature of the State or any subdivision of the State.
(b) The Authority annually shall pay a municipality, in which a disposal site is located, an amount in lieu of taxes equal to the amount of property tax that would be paid on such a disposal site by an owner subject to property tax.
(c) The Authority shall pay all applicable State and local permit fees, including any fees negotiated pursuant to subdivision 7012(f)(3) of this chapter. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 161 - Disposal of Low-Level Radioactive Waste › § 7015. Construction costs

§ 7015. Construction costs
(a) In lieu of proposing a financing plan for the construction costs to the General Assembly under subsection 7012(i) of this title, the Authority may solicit offers to purchase or otherwise commit or contract for disposal capacity in the disposal facility authorized by this chapter. In the solicitation, the Authority should provide an estimate of the proposed design capacity and the expected construction costs.
(b) No offer may be accepted unless the terms of all such commitments or contracts, taken together, provide for the complete prepayment of all construction costs, exhaust the proposed capacity, contain acceptable terms and conditions, and are otherwise in the best interests of the State.
(c) The commitments or contracts shall be nontransferable, without approval of the Authority, shall provide for payment on an equal and pro rata basis for all generators and shall provide for the right of the Authority to reacquire, at any time, pro rata from all such commitments or contracts sufficient capacity to meet emergencies or necessary contingencies.
(d) If the total capacity of all offered commitments or contracts is less than the expected low-level radioactive waste, or if the commitments or contracts provide less than all the construction costs, or if the offers are for any other reason unsatisfactory, then the Authority shall reduce the design capacity of the facility, try to negotiate terms and conditions that will provide the complete construction costs and carry out the purposes of this chapter.
(e) The Authority may, for any reason, decide to not accept all offers received under this section and decide to pursue an alternative method of financing the construction costs of the disposal facility. If the Authority decides not to accept any such offers, it shall propose a financing plan to the General Assembly within 90 days or by the date set out in subdivision 7002(a)(9) of this title, whichever is later. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990; amended 2019, No. 131 (Adj. Sess.), § 43.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 161 - Disposal of Low-Level Radioactive Waste › § 7022. Screening and certification process

§ 7022. Screening and certification process
Under the authority of section 7020 of this title, the Agency shall adopt rules regarding screening for potential alternative sites and certification of sites, which must at least establish the procedures and criteria for:
(1) screening, by the Authority, of the Town of Vernon and the rest of the State;
(2) selecting and studying potential alternative sites by the Authority;
(3) submission, by the Authority, of each selected potential alternative site to the Agency for certification;
(4) certification, by the Agency, of alternative sites and the Yankee site as meeting applicable siting requirements;
(5) characterization of an alternative site;
(6) deciding, by the Authority, to characterize a certified alternative site or to prepare a draft license application for a disposal facility at a characterized site. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 161 - Disposal of Low-Level Radioactive Waste › § 7023. Waste separation; recoverability; and minimum facility design standards

§ 7023. Waste separation; recoverability; and minimum facility design standards
(a) Under the authority of section 7020 of this title, the Agency shall adopt rules establishing waste separation, recoverability, and minimum facility design standards for any low-level radioactive waste disposal facility including:
(1) a prohibition on shallow land burial;
(2) definitions of short-lived waste and long-lived waste;
(3) definition of hazardous life of the short-lived waste;
(4) requirements for maximum separation of short-lived and long-lived waste;
(5) requirements that the design be compatible with and complement the characteristics of the site as necessary for the performance objectives;
(6) requirements for active management during, and setting the length of, an institutional control period;
(7) requirements to control the dilution of long-lived waste where the purpose is to convert long-lived waste to short-lived waste or to change the federal classification;
(8) requirements for enhanced containment sufficient to meet the performance objectives;
(9) requirements for recoverability of the separated long-lived waste that are compatible with the performance objectives;
(10) requirements for structural integrity during the design life of the facility;
(11) requirements for monitoring, until the end of the institutional control period, that are adequate to detect failure of the facility in time to take reasonable remedial action and that provide for independent review and verification;
(12) requirements for long-term passive isolation of the waste from the environment, including the minimization of water intrusion and protection against intruders;
(13) requirements for the permanent unmistakable marking of the facility identifying it as hazardous to future human inhabitants;
(14) performance objectives for each stage of the life of the facility to ensure the protection of individuals and the general population from releases of radioactivity, the protection of individuals and the general population from direct radiation, the protection of individuals from and during intrusion; and
(15) capacity specifications to limit the size of the disposal facility to that necessary to dispose of the expected low-level radioactive waste.
(b) In establishing the definitions of short-lived and long-lived waste and in establishing the requirements for maximum separation of those wastes, the Agency shall ensure that the hazardous life of the short-lived waste is less than the institutional control period and shall consider the costs of separation and all risks from separating and disposing of the separated wastes. This should include the risks associated with the separation process, the placement of the separated wastes in the facility authorized by this chapter, the recovery of the long-lived waste and any transportation and preparation of that waste for permanent disposal. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 161 - Disposal of Low-Level Radioactive Waste › § 7024. Agency standards and procedures for review of the draft license application

§ 7024. Agency standards and procedures for review of the draft license application
(a) The Agency shall adopt rules establishing standards for a draft license application for a low-level radioactive waste disposal facility that shall, at a minimum, include:
(1) compliance with the rules adopted by the Agency under this chapter;
(2) consent for entry into the facility by State regulatory personnel;
(3) requirements to the extent permitted by law, to limit waste disposal access in order to prevent the exhaustion of disposal capacity at an early or uncertain future date;
(4) the financial assurance requirements established by the Public Utility Commission under section 7020 of this title;
(5) requirements for operating procedures;
(6) requirements for on-site supervision of the operation of the disposal facility;
(7) requirements for closure and for closure monitoring and observation, including a minimum five-year post-closure period;
(8) requirements for long-term management by the State;
(9) requirements for a community and project safety plan, including an emergency response plan and a training plan for facility personnel and public safety officials, all based on a worst case analysis;
(10) requirements for emergency response and monitoring for operator or facility failure; and
(11) requirements for detailed annual reports, including requirements for reporting all waste in storage and, after disposal has begun, all waste placed in the facility.
(b) The Agency shall adopt rules establishing procedures for its review of a draft license application that shall, at a minimum, include:
(1) submission of the draft application and other specified information;
(2) submission of pre-operational radiation survey in the vicinity of the site;
(3) submission of an environmental and public health impact analysis;
(4) an opportunity for public review and inspection of, and public comment on, the draft license application in the locality of the approved site; and
(5) a procedure for complying with conditions or changes to the licensing application required by the NRC or the District Environmental Commission. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990; amended 2003, No. 115 (Adj. Sess.), § 66, eff. Jan. 31, 2005; 2019, No. 131 (Adj. Sess.), § 44.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 161 - Disposal of Low-Level Radioactive Waste › § 7030. Enforcement and judicial review

§ 7030. Enforcement and judicial review
(a) 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, except that for the failure to pay the service fees under section 7013 of this title, the penalty shall be no more than 25 percent of the fees owed.
(b) Any person, upon a well-founded belief that there has been a violation of this chapter or any rule adopted under this chapter or a refusal to comply with any of the provisions of this chapter, or of the rules adopted under this chapter, may commence an action in Washington Superior Court for injunctive relief, or other appropriate relief, or for penalties and attorney’s fees. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 161 - Disposal of Low-Level Radioactive Waste › § 7040. Immunity and liability

§ 7040. Immunity and liability
(a) No provision of this chapter shall constitute a waiver of sovereign immunity.
(b) Nor shall any State official or employee (including members of the Authority and its Director and staff) be held financially responsible for acts taken within the scope of employment, or for failure to take any discretionary act, related to this chapter or the rules authorized by this chapter. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 161 - Disposal of Low-Level Radioactive Waste › § 7050. Generator obligations

§ 7050. Generator obligations
In addition to any other obligation imposed by this chapter, any person who generates low-level radioactive waste in Vermont shall comply with the reporting and financial assurance requirements as established under section 7020 of this title. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 162 - Texas Low-Level Radioactive Waste Disposal Compact › § 7060. Entry into the Compact

§ 7060. Entry into the Compact
The State shall be a member of the Texas Low-Level Radioactive Waste Disposal Compact. (Added 1993, No. 137 (Adj. Sess.), § 2.)