reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6605j. Accepted composting practices

§ 6605j. Accepted composting practices
(a) The Secretary, in consultation with the Secretary of Agriculture, Food and Markets, shall adopt by rule, pursuant to 3 V.S.A. chapter 25, and shall implement and enforce accepted composting practices for the management of composting in the State. These accepted composting practices shall address:
(1) standards for the construction, alteration, or operation of a composting facility;
(2) standards for facility operation, including acceptable quantities of product or inputs, vector management, odors, noise, traffic, litter control, contaminant management, operator training and qualifications, recordkeeping, and reporting;
(3) standards for siting of composting facilities, including siting and operation of compost storage areas, compost bagging areas, and roads and parking areas;
(4) standards for the composting process, including rotation, management of compost piles, compost pile size, and monitoring of compost operations;
(5) standards for management of runoff from compost facilities, including liquids management from the feedstock area, active composting areas, curing area, and compost storage area; the use of swales or stormwater management around or within a compost facility; vegetative buffer requirements; and run-off management from tipping areas;
(6) specified areas of the State unsuitable for the siting of commercial composting that utilizes post-consumer food residuals or animal mortalities, such as designated downtowns, village centers, village growth areas, or areas of existing residential density; and
(7) definitions of “small-scale composting facility,” “medium-scale composting facility,” and “de minimis composting exempt from regulation.”
(b) A person operating a small scale composting facility who follows the accepted composting practices shall not be required to obtain a discharge permit under section 1263 or 1264 of this title, a solid waste facility certification under chapter 159 of this title, or an air emissions permit under chapter 23 of this title unless a permit is required by federal law or the Secretary of Natural Resources determines that a permit is necessary to protect public health or the environment.
(c) [Repealed.]
(d) The Secretary shall not regulate under this section a farm producing compost under subdivision 6001(22)(H) of this title. (Added 2009, No. 41, § 3; amended 2021, No. 41, § 6, eff. May 20, 2021.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6605k. Food residuals; management hierarchy

§ 6605k. Food residuals; management hierarchy
(a) It is the policy of the State that food residuals collected under the requirements of this chapter shall be managed according to the following order of priority uses:
(1) reduction of the amount generated at the source;
(2) diversion for food consumption by humans;
(3) diversion for agricultural use, including consumption by animals;
(4) composting, land application, and digestion; and
(5) energy recovery.
(b) A person who produces more than an amount identified under subsection (c) of this section in food residuals shall:
(1) separate food residuals from other solid waste, provided that a de minimis amount of food residuals may be disposed of in solid waste when a person has established a program to separate food residuals and the program includes a component for the education of program users regarding the need to separate food residuals; and
(2) arrange for the transfer of food residuals to a location that manages food residuals in a manner consistent with the priority uses established under subdivisions (a)(2)-(5) of this section or shall manage food residuals on site.
(c) The following persons shall be subject to the requirements of subsection (b) of this section:
(1) beginning July 1, 2014, a person whose acts or processes produce more than 104 tons per year of food residuals;
(2) beginning July 1, 2015, a person whose acts or processes produce more than 52 tons per year of food residuals;
(3) beginning July 1, 2016, a person whose acts or processes produce more than 26 tons per year of food residuals;
(4) beginning July 1, 2017, a person whose acts or processes produce more than 18 tons per year of food residuals; and
(5) beginning July 1, 2020, any person who generates any amount of food residuals. (Added 2011, No. 148 (Adj. Sess.), § 6; amended 2017, No. 208 (Adj. Sess.), § 4, eff. July 1, 2020.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6605l. Public collection containers for solid waste

§ 6605l. Public collection containers for solid waste
(a) As used in this section:
(1) “Public building” means a State, county, or municipal building; airport terminal; bus station; railroad station; school building; or school.
(2) “Public land” means all land that is owned or controlled by a municipal or State governmental body.
(b) Beginning July 1, 2015, when a container or containers in a public building or on public land are provided to the public for use for solid waste destined for disposal, an equal number of containers shall be provided for the collection of mandated recyclables. The containers shall be labeled to clearly show the containers are for recyclables and shall be placed as close to each other as possible in order to provide equally convenient access to users. Bathrooms in public buildings and on public land shall be exempt from the requirement of this section to provide an equal number of containers for the collection of mandated recyclables. (Added 2011, No. 148 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6605m. Architectural waste recycling

§ 6605m. Architectural waste recycling
(a) Definitions. In addition to the definitions in section 6602 of this chapter, as used in this section:
(1) “Architectural waste” means discarded drywall, metal, asphalt shingles, clean wood, and plywood, and oriented strand board derived from the construction or demolition of buildings or structures.
(2) “Commercial project” means construction, renovation, or demolition of a commercial building or of a residential building with two or more residential units.
(b) Materials recovery requirement. Beginning on or after January 1, 2015, if a person produces 40 cubic yards or more of architectural waste at a commercial project located within 20 miles of a solid waste facility that recycles architectural waste, the person shall:
(1) arrange for the transfer of architectural waste from the project to a certified solid waste facility, which shall be required to recycle the architectural waste or arrange for its reuse unless the facility demonstrates to the Secretary a lack of a market for recycling or reuse and a plan for reentering the market when it is reestablished; or
(2) arrange for a method of disposition of the architectural waste that the Secretary of Natural Resources deems appropriate as an end use, including transfer of the architectural waste to an out-of-state facility that recycles architectural waste and similar materials.
(c) Transition; application. The requirements of this section shall not apply to a commercial project subject to a contract entered into on or before January 1, 2015 for the disposal or recycling of architectural waste from the project.
(d) Guidance on separation of hazardous materials. The Secretary of Natural Resources shall publish informational material regarding the need for a solid waste facility that recycles architectural waste to manage properly and provide for the disposition of hazardous waste and hazardous material in architectural waste delivered to a facility. (Added 2013, No. 175 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6606. Hazardous waste certification

§ 6606. Hazardous waste certification
(a) No person shall store, treat, or dispose of any hazardous waste without first obtaining certification from the Secretary for such facility, site or activity. Certification shall be valid for a period not to exceed 10 years.
(b) Certification of all hazardous waste facilities shall include:
(1) Identification of all hazardous waste to be handled at the facility, including the expected amounts of each type of waste and the form in which it will be accepted.
(2) Detailed descriptions of all processes and technologies to be utilized by the facility and provisions to ensure that the operation of the facility is carried out in accordance with approved design and operation plans.
(3) [Repealed.]
(4) Evidence of liability insurance in amounts as the Secretary may determine to be necessary for the protection of human health and safety and the environment.
(5) Evidence of financial responsibility in such form and amount as the Secretary may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the facility or site, all appropriate measures are taken to prevent present and future damage to public health and safety and the environment, including full and proper closure of the facility and, in the case of land treatment or disposal facilities, post-closure care of the facility for a period of time to be determined by the Secretary.
(6) Evidence that the personnel employed at the hazardous waste treatment or disposal facility or site have met such qualifications as to education and training as the Secretary may determine to be necessary to ensure the safe and adequate operation of the facility or site.
(7) A description of the location, design, and construction of such hazardous waste treatment, disposal, or storage facility.
(8) Contingency plans for effective action to minimize unanticipated damage from any treatment, storage, or disposal of any such hazardous waste.
(9) Such additional conditions, requirements, and restrictions as the Secretary may deem necessary to preserve and protect the ground and surface water. This may include requirements concerning reporting, recording, and inspections of the operation of the facility. Guidelines for the establishment of conditions, requirements, and restrictions shall be adopted by the Secretary according to procedures established in 3 V.S.A. chapter 25, the Vermont Administrative Procedure Act.
(c) The Secretary shall not issue a certification to a new nonmunicipal facility, or recertify an existing nonmunicipal facility, without first ascertaining that the applicant meets the requirements established in subdivisions 6605f(a)(1) and (2) of this title. (Added 1977, No. 106, § 1; amended 1981, No. 102, § 3; 1983, No. 148 (Adj. Sess.), § 3; 1993, No. 157 (Adj. Sess.), § 4; 1995, No. 141 (Adj. Sess.), § 6, eff. April 30, 1996; 2009, No. 146 (Adj. Sess.), § F12; 2019, No. 131 (Adj. Sess.), § 30.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6606b. Permits issued by the Secretary related to hazardous waste facilities

§ 6606b. Permits issued by the Secretary related to hazardous waste facilities
The Secretary shall coordinate and administer the programs under the jurisdiction of the Agency of Natural Resources so that, to the extent possible, there is concurrent review, concurrent public participation, and concurrent permit issuances for hazardous waste management facilities. The Secretary shall assign a permit manager to handle all applications related to a particular waste management facility. (Added 1989, No. 282 (Adj. Sess.), § 14, eff. June 22, 1990; amended 1993, No. 92, § 13; 2003, No. 115 (Adj. Sess.), § 62, eff. Jan. 31, 2005.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6606c. Management of unregulated hazardous waste

§ 6606c. Management of unregulated hazardous waste
(a) By January 1, 1993, the owner of a solid waste management facility that receives mixed solid waste must institute the unregulated hazardous waste diversion program element of its regional plan or its solid waste implementation plan, to remove unregulated hazardous waste from the mixed solid waste entering the facility.
(b) By January 1, 1993, the Agency of Natural Resources shall have developed a program plan for the random sampling of mixed solid waste entering solid waste management facilities in the State in order to determine compliance with the regional or solid waste implementation plan programs instituted by facilities to remove unregulated hazardous waste from the mixed solid waste stream.
(c) By January 31, 1993, the Agency of Natural Resources shall implement the random sampling process developed in subsection (b) of this section. (Added 1991, No. 100, § 11.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6607. Transportation of hazardous wastes

§ 6607. Transportation of hazardous wastes
(a) In accordance with the Administrative Procedure Act, the Agency of Transportation, in consultation with the Secretary, shall issue rules for the transportation of hazardous wastes. Such rules shall be consistent with applicable rules issued by the U.S. Department of Transportation, and consistent with any rules and standards of this chapter.
(b) The provisions of this section shall apply equally to those persons transporting hazardous wastes generated by others and to those transporting hazardous wastes they have generated themselves, or combinations thereof, as well as persons transporting hazardous wastes through the State of Vermont.
(c) For purposes of their transportation, the following, in waste or usable form, shall not be considered hazardous wastes, but shall be handled as solid waste: mercury-added consumer products, pesticides, paint (whether water based or oil based), paint thinner, paint remover, stains, and varnishes. This exclusion shall not apply with respect to hazardous wastes that are regulated under federal law. (Added 1977, No. 106, § 1; amended 1991, No. 75, § 1; 1991, No. 210 (Adj. Sess.), § 3; 1993, No. 157 (Adj. Sess.), § 5; 1995, No. 141 (Adj. Sess.), § 7, eff. April 30, 1996; 1997, No. 151 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6608a. Economic poisons

§ 6608a. Economic poisons
(a) The Secretary of Agriculture, Food and Markets shall be responsible for and have the authority to implement and enforce those statutes enacted by the General Assembly, including sections 6610a and 6612 of this title, and those rules concerning the generation, transportation, treatment, storage, and disposal of economic poisons that are adopted by the Secretary of Natural Resources in order to operate a hazardous waste management program that is equivalent to the federal program under Subtitle C of the Resource Conservation and Recovery Act of 1976 as subsequently amended and codified in 42 U.S.C. chapter 82, subchapter 3. Procedures and funding for the interdepartmental implementation of a waste economic poison management program shall be established between the Secretary of Natural Resources and the Secretary of Agriculture, Food and Markets.
(b) The Secretary of Natural Resources shall not adopt rules concerning the management of waste economic poisons that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976 without the concurrence of the Secretary of Agriculture, Food and Markets.
(c) Nothing in this section is intended to interfere with the Secretary of Agriculture, Food and Markets’ authority relating to insecticides, fungicides, and rodenticides under 6 V.S.A. chapter 81 and relating to pesticides under 6 V.S.A. chapter 87 or shall prohibit the Secretary of Agriculture, Food and Markets from adopting rules concerning the management of waste economic poisons that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976. Nothing in this section is intended to interfere with the Agency of Transportation’s authority under section 6607 of this title. (Added 1977, No. 106, § 1; amended 1983, No. 148 (Adj. Sess.), § 4; 2015, No. 23, § 100; 2015, No. 97 (Adj. Sess.), § 35; 2017, No. 113 (Adj. Sess.), § 47a.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6608b. Radioactive wastes mixed with hazardous wastes

§ 6608b. Radioactive wastes mixed with hazardous wastes
(a) The Commissioner of Health shall be responsible for and have the authority to implement and enforce those statutes enacted by the General Assembly, including sections 6610a and 6612 of this title, and those rules concerning the generation, transportation, treatment, storage, and disposal of radioactive wastes mixed with hazardous wastes that are adopted by the Secretary in order to operate a hazardous waste management program that is equivalent to the federal program under Subtitle C of the Resource Conservation and Recovery Act of 1976 as subsequently amended and codified in 42 U.S.C. chapter 82, subchapter 3. Procedures and funding for the interdepartmental implementation of a mixed radioactive waste management program shall be established between the Secretary and the Commissioner of Health.
(b) The Secretary shall not adopt rules concerning the management of radioactive wastes mixed with hazardous wastes that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976 without the concurrence of the Commissioner of Health.
(c) Nothing in this section is intended to interfere with the authority of the Commissioner of Health relating to general powers under 18 V.S.A. chapter 3, relating to appointing health officers for unorganized towns or gores under 18 V.S.A. chapter 11, and relating to radiation control under 18 V.S.A. chapter 32, nor shall prohibit the Secretary of Human Services from adopting rules concerning the management of radioactive wastes mixed with hazardous wastes that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976. Nothing in this section is intended to interfere with the Agency of Transportation’s authority under section 6607 of this chapter.
(d) This section does not modify or otherwise affect the requirements of chapter 157 of this title, relating to storage of radioactive material. (Added 1983, No. 148 (Adj. Sess.), § 5; amended 1987, No. 282 (Adj. Sess.), § 15; 2015, No. 23, § 101; 2015, No. 97 (Adj. Sess.), § 36; 2017, No. 113 (Adj. Sess.), § 48.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6609. Inspections; right of entry

§ 6609. Inspections; right of entry
For the purposes of developing or enforcing any rule or regulation authorized by this chapter, any duly authorized representative of the Secretary may upon presentation of appropriate credentials at any reasonable time:
(1) enter any place where wastes are generated, stored, treated, or disposed of;
(2) inspect and obtain samples from any person storing, treating, or disposing of any waste, including hazardous waste samples from any vehicle in which wastes are being transported;
(3) inspect and copy any records, reports, information, or test results relating to the purposes of this chapter;
(4) inspect any portion of a facility where wastes are generated, stored, treated, or disposed of including any equipment or other appurtenances contained in the facility;
(5) upon any refusal of entry, inspection, sampling, or copying pursuant to this section, the Secretary or the duly authorized representative of the Secretary may apply for and obtain a warrant or subpoena to allow such entry, inspection, sampling, or copying in the manner established by the Vermont Rules of Criminal Procedure. (Added 1977, No. 106, § 1; amended 1987, No. 282 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6611. Financial responsibility

§ 6611. Financial responsibility
(a) Any person who operates a facility approved under this chapter shall provide evidence of an escrow account or other form of financial responsibility in such form and amount as the Secretary may determine to ensure that, upon abandonment, cessation, or interruption of the operation of the facility, adequate funds are available to undertake all appropriate measures to prevent present and future damage to the public health and safety and to the environment. Any such financial plan shall include provisions for the equitable distribution of any excess in the escrow account or other financial security to communities whose residents made substantial payments into the escrow account or for that security.
(b) A solid waste management district, by contract, may require that a facility owner or operator that serves the district, establish an escrow account in a reasonable amount in order to provide funds for timely compliance with the provisions of this chapter. Expenditures from the escrow account shall be for those capital improvements required to be made by the owner by the certification, interim certification, or order issued or otherwise required in accordance with this chapter.
(c) A facility owner or operator, upon an initial showing of financial responsibility, shall report to the Secretary with respect to funds set aside by that date for those purposes. (Added 1977, No. 106, § 1; amended 1987, No. 78, § 14; 1987, No. 246 (Adj. Sess.), § 5a, eff. June 13, 1988; 1989, No. 61, § 2, eff. May 22, 1989; 2019, No. 131 (Adj. Sess.), § 32.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6612. Penalties

§ 6612. Penalties
(a) Any person who violates any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order of certification granted by the Secretary shall be subject to a criminal penalty not to exceed $25,000.00 or imprisonment for not more than six months, or both.
(b) Any person who violates any provision of this chapter relating to solid or hazardous waste management, the rules adopted under this chapter, or the terms or conditions of any order relating to solid or hazardous waste management or terms and conditions of any solid or hazardous waste facility certification shall be subject to a civil penalty not to exceed $10,000.00.
(c) Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day’s continuance thereof may be deemed a separate and distinct offense.
(d) Any person who commits any of the following in violation of any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order or certification under this title shall be subject to a criminal penalty not to exceed $250,000.00 or imprisonment for not more than five years, or both:
(1) the knowing or reckless transport, treatment, storage, or disposal of any hazardous waste;
(2) the knowing or reckless transport, treatment, storage, or disposal of more than one cubic yard of solid waste or more than 275 pounds of solid waste;
(3) the knowing or reckless release of any hazardous material. (Added 1977, No. 106, § 1; amended 1981, No. 102, § 1; 1983, No. 148 (Adj. Sess.), § 8; 1987, No. 78, § 15; 1989, No. 286 (Adj. Sess.), § 5; 2015, No. 97 (Adj. Sess.), § 38.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6614. Waiver

§ 6614. Waiver
The Secretary may waive the requirements of subsection 6605(d) of this title and the technical and siting requirements of the solid waste management rules adopted pursuant to subdivision 6603(1) of this title, provided the following conditions are met:
(1) The Secretary intends to perform a removal or remedial action, pursuant to chapter 159 of this title, or the President of the United States intends to perform a response action, as defined in 42 U.S.C. § 9601(25), in response to a release or threatened release of hazardous substances; and
(2) The Secretary makes a prior written determination that:
(A) the proposed response action will not adversely affect the public health, safety, or the environment; and
(B) the technical and siting requirements will be complied with to the extent practical in light of the overall objectives of the response. (Added 2001, No. 149 (Adj. Sess.), § 88, eff. June 27, 2002.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6615a. Diligent and appropriate investigation for hazardous materials

§ 6615a. Diligent and appropriate investigation for hazardous materials
(a) Except as provided for in subsection (b) of this section, a diligent and appropriate investigation, as that term is used in subsection 6615(e) of this title, means, for all properties, an investigation where an owner or operator of a property conforms to the standard developed by the Secretary by rule for a diligent and appropriate investigation. If no standard exists, the owner or operator of a property shall conform to one of the following:
(1) the all appropriate inquiry standard set forth in 40 C.F.R. Part 312, as amended; or
(2) the current standard for phase I environmental site assessments established by the American Society for Testing and Materials.
(b) In the case of residential property used for residential purposes, diligent and appropriate investigation shall mean a facility inspection and title search that:
(1) reveal no basis for further investigation; and
(2) do not reveal that the property was used for or was part of a larger parcel that was used for commercial or industrial purposes. (Added 2013, No. 55, § 13.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6615b. Corrective action procedures

§ 6615b. Corrective action procedures
Any person who is determined to be liable for the release or threatened release of a hazardous material as established in section 6615 of this title shall take all of the following actions to mitigate the effects of the release:
(1) Submit for approval by the Secretary a work plan for an investigation of the contaminated site. This shall be submitted within 30 days from either the date of the discharge or release or the date that the release was discovered if the date of the discharge or release is not known, or within a period of time established by an alternative schedule approved by the Secretary. The site investigation shall define the nature, degree, and extent of the contamination, and shall assess potential impacts on human health and the environment.
(2) Perform the site investigation within 90 days of receiving written approval of the work plan by the Secretary, or within a period of time established by an alternative schedule approved by the Secretary. A report detailing the findings of this work shall be sent to the Secretary for review.
(3) Submit a corrective action plan, within 30 days from the date of final acceptance of the site investigation report by the Secretary, or within a period of time established by an alternative schedule approved by the Secretary.
(4) Implement the corrective action plan within 90 days upon approval of the plan by the Secretary, or within a period of time established by an alternative schedule approved by the Secretary. The corrective action activity shall be continued until the contamination is remediated to levels approved by the Secretary. The Secretary may allow for the remediation of a site contaminated with a hazardous material without requiring certification and permitting under sections 556, 6605, and 6606 of this title, provided such activity will not, in the Secretary’s opinion, adversely affect either public health and safety or the environment, and provided such activity is conducted in accordance with standards developed by the Secretary.
(5) Submit to the Secretary all investigative, corrective action, and monitoring reports, including all analytical results related to subdivisions (3)-(5) of this subsection, as they become available. (Added 1997, No. 132 (Adj. Sess.), § 11, eff. April 23, 1998.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6616. Release prohibition

§ 6616. Release prohibition
The release of hazardous materials into the surface or groundwater, or onto the land of the State is prohibited. This section shall not apply to releases of hazardous materials pursuant to and in compliance with the conditions of a State or federal permit. (Added 1985, No. 70, § 5, eff. May 20, 1985.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6617. Person responsible for release; notice to Agency

§ 6617. Person responsible for release; notice to Agency
Any person who has knowledge of a release or a suspected release and who may be subject to liability for a release, as detailed in section 6615 of this chapter, shall immediately notify the Agency. In addition, any eligible person or successor under section 6615a of this title or any secured lender or fiduciary who has knowledge of a release or a suspected release shall immediately notify the Agency. Failure to notify shall make those persons liable to the penalty provisions of section 6612 of this title. (Added 1985, No. 70, § 6, eff. May 20, 1985; amended 1993, No. 29, § 5, eff. May 26, 1993; 1995, No. 44, § 3, eff. April 20, 1995.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6619. Packaging information

§ 6619. Packaging information
The Secretary is authorized to require and shall solicit from manufacturers and distributors of consumer goods sold in the State information relating to whether the packages for those goods are recyclable or made of recycled material, and relating to the quantity of the packaging that accompanies each of those products. (Added 1989, No. 61, § 5, eff. May 22, 1989.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6620. Permits issued by the Secretary related to solid waste facilities

§ 6620. Permits issued by the Secretary related to solid waste facilities
(a) The Secretary shall coordinate and administer the programs under the jurisdiction of the Agency of Natural Resources so that, to the extent possible, there is concurrent review, concurrent public participation, and concurrent permit issuances for waste management facilities. The Secretary shall assign a permit manager to handle all applications related to a particular waste management facility.
(b) [Repealed.] (Added 1989, No. 218 (Adj. Sess.), § 4; amended 1993, No. 92, § 12; 2003, No. 115 (Adj. Sess.), § 64, eff. Jan. 31, 2005.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6621c. Lead-acid batteries; collection for recycling

§ 6621c. Lead-acid batteries; collection for recycling
(a) Definitions. For purposes of this section:
(1) “Lead-acid battery” means a battery that consists of lead and sulfuric acid and is used as a power source.
(2) “Small sealed lead-acid battery” means a lead-acid battery, weighing 25 pounds or less, used in nonvehicular applications. This shall not include any lead-acid battery used as the principal power source for transportation, including automobiles, motorcycles, and boats.
(b) Applicability. The provisions of subsections (c), (d), and (e) of this section shall not apply to any small sealed lead-acid battery.
(c) Standard retailer obligations. A retailer selling replacement lead-acid batteries in Vermont shall:
(1) Accept from customers, at the point of transfer, used lead-acid batteries of the same general type and in a quantity at least equal to the number of new batteries purchased, if offered by customers.
(2) Post written language in bold print in the immediate vicinity where lead-acid batteries are sold, that reads as follows: “It is illegal to discard lead-acid batteries in Vermont’s landfills. This store accepts used lead-acid batteries for recycling, in exchange for new batteries being purchased.”
(d) Standard wholesaler obligation. Any wholesaler selling replacement lead-acid batteries in Vermont shall accept from customers at the point of transfer, used lead-acid batteries of the same general type and in a quantity at least equal to the number of new batteries purchased, if offered by customers. A wholesaler accepting batteries in transfer from a retailer shall be allowed a period not to exceed 90 days to remove batteries from the retail point of collection.
(e) Information on recycling lead-acid batteries. A manufacturer selling lead-acid batteries in Vermont shall provide their direct customers with a telephone number where retailers and wholesalers may obtain information regarding recycling lead-acid batteries. (Added 1993, No. 220 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6622. Source separation incentives

§ 6622. Source separation incentives
(a) Any municipality or solid waste management district that meets the requirements of subsection (d) of this section has met the requirements of subdivision 6604(a)(1)(B) of this title for those materials identified in the source separation requirements under subsection (d) of this section.
(b) A municipality or a solid waste management district that wishes to be eligible, on a priority basis, for implementation grants under subdivision 6603c(c)(2)(C)(ii) of this title shall include a source separation plan in its solid waste management plan. At a minimum, that source separation plan shall include the following components:
(1) a recycling awareness component which includes education and public outreach; and
(2) a strategy to require source separation, including enforcement provisions; and
(3) a list of those materials subject to any source separation program, including at least five of the following materials:
(A) cardboard, including corrugated and boxboard;
(B) glass containers;
(C) yard waste, food waste, and other compostables;
(D) newsprint;
(E) office paper, including white, colored, and mixed office paper;
(F) metal food and beverage containers including tin-plated steel bi-metal and aluminum cans; and
(G) plastic containers made from high density polyethylene (HDPE), polyethylene terephthalate (PET), and polyvinyl chloride (PVC).
(c) If necessary, the Secretary of Natural Resources, by rule, shall add or delete materials to the list set forth under subdivision (b)(3) of this section, after considering the following:
(1) adequacy of markets;
(2) availability of process facilities; and
(3) the costs of collecting, processing, and transporting the material to market.
(d) Municipalities or districts that have an ordinance in effect that includes enforcement provisions and requires source separation of at least five materials identified in this section shall be eligible to receive priority consideration for implementation grants according to the provisions of subsection 6603c(c) of this title.
(e) [Repealed.]
(f) The deadlines established under subsection (d) of this section may be modified by the Secretary, depending on the availability of funds in the capital budget.
(g) For purposes of this section, “source separation” means systems that separate compostable and recyclable materials from noncompostable, nonrecyclable materials at the point of generation. Recyclable materials may be commingled.
(h) For purposes of this section, “compostable” means that a product, package, or material will safely decompose, in a composting system, into a humus-rich material, containing no persistent synthetic residues, that can be safely used as a beneficial soil amendment. (Added 1989, No. 286 (Adj. Sess.), § 3; amended 1991, No. 202 (Adj. Sess.), § 7, eff. May 27, 1992; 1993, No. 81, § 8, eff. Jan. 1, 1994; 2019, No. 131 (Adj. Sess.), § 36.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6622b. Appeals

§ 6622b. Appeals
Appeals of any act or decision of the Secretary under this chapter shall be made in accordance with chapter 220 of this title. (Added 2003, No. 115 (Adj. Sess.), § 65, eff. Jan. 31, 2005.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6623. Goals and purpose

§ 6623. Goals and purpose
(a) The goals of this subchapter are to:
(1) eliminate or reduce the use of hazardous, particularly toxic, materials wherever feasible;
(2) reduce the generation of hazardous waste;
(3) reduce the release into the environment of chemical contaminants which have adverse and serious health or environmental effects;
(4) document hazardous waste reduction and toxics use reduction information and make that information available to State and local government and the public.
(b) It is the intent of this subchapter to encourage reduction of toxic substances and to reduce the generation of hazardous waste whenever technically and economically practicable, without shifting risks from one part of a process, environmental medium, or product to another. Priority shall be given to methods that reduce the amount of toxics used and, where that is not technically and economically practicable, methods that reduce the generation of hazardous waste. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 1.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6625. Toxics use reduction and hazardous waste reduction program

§ 6625. Toxics use reduction and hazardous waste reduction program
(a) The Secretary shall establish a program for toxics use reduction and hazardous waste reduction pursuant to this subchapter.
(b) The Secretary shall coordinate the activities of all State agencies with responsibilities and duties relating to toxics use and hazardous waste and shall promote coordinated efforts to encourage toxics use reduction and hazardous waste reduction, with emphasis on the merits of use reduction as a means of reducing the amount of hazardous waste generated or hazardous material released into the environment. Coordination between the program and other relevant State agencies and programs shall, to the fullest extent possible, include joint planning processes and joint research and studies.
(c) The planning and reporting requirements of this subchapter shall apply only to generators who routinely generate, through ongoing process and operation, more than 1,200 kg (2,640 lbs) of hazardous waste per year or more than 12 kg (26.4 lbs) of acutely hazardous waste per year, and to large users.
(d) The Secretary shall adopt rules to carry out this subchapter. The rules shall include a provision for exempting from the requirements of this subchapter generators for whom the Secretary determines no source reduction opportunities exist. The Secretary may, by rule, add or remove any toxic substance or hazardous waste from the provisions of this subchapter. In order to add or remove any toxic substance or hazardous waste from the provisions of this subchapter, the Secretary shall make findings with respect to toxicity, potential impact on public health and the environment, and the potential for use reduction or waste reduction of the toxic substance or hazardous waste.
(e) The Secretary shall adopt, by rule, a list of SIC codes that identifies those facilities that are subject to this subchapter as a large user. The list initially must include SIC codes 20 through 39. In adding additional SIC codes, the Secretary shall make findings with respect to chemical use within the SIC category, and shall find:
(1) that the potential impact on public health and the environment is significant; and
(2) that the potential for use reduction and waste reduction within the category is significant.
(f) This subchapter shall not apply to farmers, dealers, or applicators regulated under 6 V.S.A. chapters 81 and 87, or any other persons to the extent they are regulated under any other chapters of Title 6. (Added 1989, No. 282 (Adj. Sess.) § 17, eff. June 22, 1990; amended 1991, No. 100, § 3.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6626. Plan and report formats; data information system

§ 6626. Plan and report formats; data information system
(a) On or before January 1, 1992, the Secretary shall adopt a format to be used by generators and large users for completing the toxics use reduction and hazardous waste reduction plan required by section 6629 of this title. On or before July 1, 1993, the Secretary shall adopt a format for the toxics use reduction and hazardous waste reduction performance report required by section 6630 of this title.
(b) On or before July 1, 1992, the Secretary shall establish a data and information system for use in administering the provisions of this subchapter. In establishing the data and information system, the Secretary shall:
(1) establish methods and procedures for appropriately processing or managing hazardous waste reduction and toxics use reduction information;
(2) use the data management expertise, resources, and forms of already established environmental protection programs, to the extent practicable;
(3) establish computerized data retrieval and data processing systems, including safeguards to protect trade secrets designated pursuant to section 6632 of this title or protected under 1 V.S.A. § 317;
(4) identify additional data and information needs of the program. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 4.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6627. Technical and research assistance program

§ 6627. Technical and research assistance program
The Secretary shall establish a technical and research assistance program to assist generators, exempt small quantity generators, and large users in identifying and applying toxics use reduction methods and hazardous waste reduction methods. The program shall emphasize assistance to smaller businesses that have inadequate technical and financial resources to obtain information, assess and develop and apply toxics use reduction and hazardous waste reduction methods. The program shall also emphasize the merits of use reduction as a means of reducing the amount of hazardous waste generated or hazardous materials released into the environment. In the program:
(1) The Department shall encourage presentations by private or public consultants, including on-site consultation at sites or locations where hazardous waste is generated or toxic substances are used to aid those generators or large users requiring assistance in developing and implementing the toxics use reduction and hazardous waste reduction plan, plan summary, and performance report required by this subchapter.
(2) The Department shall conduct plan assistance programs, seminars, workshops, training programs, and other similar activities to assist generators and large users to evaluate toxics use reduction and hazardous waste reduction alternatives and to identify opportunities for toxics use reduction and hazardous waste reduction.
(3) The Department shall establish a program to assemble, catalogue, and disseminate information about source reduction methods, with emphasis on the merits of use reduction, available consultant services, and regulatory requirements.
(4) The Department shall identify the range of technical solutions that can be applied by particular types of hazardous waste generators to reduce hazardous waste generation.
(5) The Department may also direct on-site technical assistance to generators and large users in developing the plans.
(6) The Department shall coordinate its technical assistance with trade associations and local colleges and universities as appropriate.
(7) Technical services provided under this section shall not result in inspection or other enforcement actions unless there is reasonable cause to believe there is an imminent threat to human health or the environment.
(8) The Department shall provide direct technical assistance to solid waste management districts and regional planning entities including training and information exchange and shall coordinate technical assistance with the solid waste management districts and regional planning entities. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 5.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6632. Trade secrets

§ 6632. Trade secrets
The Secretary shall adopt rules to ensure that trade secrets designated by a generator in all or a portion of the review and plans, and the report required by this subchapter, which are exempt from public inspection and copying under 1 V.S.A. § 317(c)(9), shall be used by the Secretary, the Department, and any authorized representative of the Department only in connection with the responsibilities of the Department pursuant to this subchapter, and otherwise shall be kept confidential. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 2015, No. 29, § 19.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 159 - Waste Management › § 6641. Brownfield Property Cleanup Program; creation; powers

§ 6641. Brownfield Property Cleanup Program; creation; powers
(a) There is created the Brownfield Property Cleanup Program to enable certain interested parties to request the assistance of the Secretary to review and oversee work plans for investigating, abating, removing, remediating, and monitoring a property in exchange for protection from certain liabilities under section 6615 of this title. The Program shall be administered by the Secretary who shall:
(1) Specify an appropriate amount or type of insurance, require the posting of a bond or other form of financial assurance, or establish other qualifications for persons carrying out activities related to the Cleanup Program.
(2) Contract with private engineers, hydrologists, and site professionals to provide the investigation and review required by this subchapter. The contract may be financed from the oversight fees established in subdivision 6644(5) of this title or may bill an applicant who is not liable under subdivision 6615(a)(1) of this title for the services.
(3) Release an applicant from State liability, provided the applicant is in compliance with this subchapter.
(b) After approval of a site investigation work plan or a corrective action plan, the Secretary shall notify the person of any future requirements under this subchapter, including a tentative schedule of processing times. (Added 2007, No. 147 (Adj. Sess.), § 7.)