reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164B - Collection and Management of Household Hazardous Products › § 7187. Agency responsibilities

§ 7187. Agency responsibilities
(a) Review and approve collection plans. The Secretary shall review and approve or deny collection plans submitted under section 7183 of this title according to the public notice and comment requirements of section 7714 of this title.
(b) Criteria for plan approval.
(1) The Secretary shall approve a collection plan if the Secretary finds that the collection plan:
(A) complies with the requirements of subsection 7183(b) of this title;
(B) provides adequate notice to the public of the collection opportunities available for covered household hazardous products;
(C) ensures that collection of covered household hazardous products will occur in an environmentally sound fashion that is consistent with the law or with any special handling requirements adopted by the Secretary;
(D) promotes the collection and disposal of covered household hazardous products; and
(E) is reasonably expected to meet performance goals and convenience standards.
(2) If a manufacturer or a stewardship organization fails to submit a plan that is acceptable to the Secretary because it does not meet the requirements of this chapter, the Secretary shall modify the submitted plan to make it conform to the requirements of this chapter and place the modified draft plan on notice pursuant to section 7714 of this title.
(c) Collection plan amendment. The Secretary, in the Secretary’s discretion or at the request of a manufacturer or a stewardship organization, may require a stewardship organization to amend an approved collection plan. Collection plan amendments shall be subject to the public input provisions of section 7717 of this title.
(d) Registrations. The Secretary shall accept, review, and approve or deny registrations required by this chapter. The Secretary may revoke a registration of a stewardship organization when the actions of the stewardship organization are unreasonable, unnecessary, or contrary to the requirements or the policy of this chapter. The Secretary shall only approve one stewardship organization for the first collection plan.
(e) Supervisory capacity. The Secretary shall act in a supervisory capacity over the actions of a stewardship organization registered under this section. In acting in this capacity, the Secretary shall review the actions of the stewardship organization to ensure that they are reasonable, necessary, and limited to carrying out requirements of and policy established by this chapter.
(f) Special handling requirements. The Secretary may adopt by rule special handling requirements for the collection, transport, and disposal of covered household hazardous products. (Added 2023, No. 58, § 2, eff. June 12, 2023.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 164B - Collection and Management of Household Hazardous Products › § 7188. Other disposal programs

§ 7188. Other disposal programs
A municipality or other public agency shall not require covered entities to use public facilities to dispose of covered household hazardous products to the exclusion of other lawful programs available. A municipality and other public agencies are encouraged to work with manufacturers to assist them in meeting their collection and disposal obligations under this chapter. Nothing in this chapter prohibits or restricts the operation of any program collecting and disposing of covered household hazardous products in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or disposing of covered household hazardous products, provided that all other applicable laws are met. (Added 2023, No. 58, § 2, eff. June 12, 2023.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 166 - Collection and Recycling of Electronic Devices › § 7555. Statewide recycling goal

§ 7555. Statewide recycling goal
(a) Statewide recycling goal.
(1) For the program year of July 1, 2011 to June 30, 2012, the statewide recycling goal for electronic waste shall be the product of the U.S. Census Bureau’s 2010 population estimate for the State multiplied by 5.5 pounds.
(2) For the program year of July 1, 2012 to June 30, 2013, the statewide recycling goal for electronic waste shall be the product of the U.S. Census Bureau’s 2010 population estimate for the State multiplied by 6.0 pounds.
(3) For the program year of July 1, 2013 to June 30, 2014 and annually thereafter, the statewide recycling goal for all electronic waste shall be the product of the base weight multiplied by the goal attainment percentage.
(b) Base weight. For purposes of this section, “base weight” means the average weight of all electronic waste reported as collected under this chapter during the previous two program years.
(c) Goal attainment percentage. For purposes of this section, “goal attainment percentage” means, for each type of product:
(1) 90 percent if the base weight is less than 90 percent of the statewide recycling goal for the previous calendar year;
(2) 95 percent if the base weight is 90 percent or greater, but not more than 95 percent of the statewide recycling goal for the previous calendar year;
(3) 100 percent if the base weight is 95 percent or greater, but not more than 105 percent of the statewide recycling goal for the previous calendar year;
(4) 105 percent if the base weight is 105 percent or greater, but not more than 110 percent of the statewide recycling goal for the previous calendar year; or
(5) 110 percent if the base weight is 110 percent or greater of the statewide recycling goal. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 166 - Collection and Recycling of Electronic Devices › § 7556. Retailer obligations

§ 7556. Retailer obligations
(a) Sale prohibited. Beginning July 1, 2010, no retailer shall sell or offer for sale a covered electronic device unless the covered electronic device is labeled by the manufacturer as required by subdivision 7553(a)(3) of this title, and the retailer has reviewed the website required in subdivision 7559(6) of this title to determine that the labeled manufacturers of all new covered electronic devices that the retailer is offering for sale are registered with the Agency of Natural Resources.
(b) Expiration or revocation of manufacturer registration. A retailer shall not be responsible for an unlawful sale under this section if the manufacturer was not registered or the manufacturer’s registration expired or was revoked if the retailer took possession of the covered electronic device prior to July 1, 2010 or prior to the expiration or revocation of the manufacturer’s registration, and the unlawful sale occurred within six months after the expiration or revocation.
(c) Customer information. Beginning July 1, 2011, a retailer who sells new covered electronic devices shall provide information to customers describing where and how they may recycle electronic waste and advising them of opportunities and locations for the convenient collection of electronic waste for the purpose of recycling. This requirement may be met by the posting of signs provided under the Standard Plan or a plan approved under section 7554 of this title that includes a warning that electronic waste shall not be disposed of in a solid waste facility and that provides a toll-free number or website address regarding proper disposal of covered electronic devices. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 166 - Collection and Recycling of Electronic Devices › § 7557. Recycler program responsibility

§ 7557. Recycler program responsibility
(a) Recycler registration.
(1) Beginning July 1, 2011, no person may recycle electronic waste at a facility located within the State unless that person has submitted a registration with the Agency of Natural Resources on a form prescribed by the Agency. A registration is effective upon receipt by the Agency and is valid for a period not to exceed five years. An electronics recycling facility registered under this section is not required to obtain a solid waste certification pursuant to chapter 159 of this title. Registration information shall include:
(A) the name, address, telephone number, and location of all recycling facilities under the direct control of the recycler that may receive electronic waste;
(B) evidence that the financial assurance requirements of section 6611 of this title have been satisfied.
(2) A registration shall be amended within 10 days after a change to any information included in the registration submitted by the recycler under this section.
(b) Recycler’s reporting requirements. Beginning August 1, 2012, a recycler of electronic waste shall report by August 1 and annually thereafter to the Agency of Natural Resources on a form provided by the Agency the type of electronic waste collected, the total weight of electronic waste recycled during the preceding program year, and whether electronic waste was collected under the Standard Plan or an approved individual plan. In the annual report, the recycler shall certify that the recycler has complied with the electronic management guidelines developed under subdivision 7559(7) of this title. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 166 - Collection and Recycling of Electronic Devices › § 7558. Collector and transporter program responsibility

§ 7558. Collector and transporter program responsibility
(a) Collector and transporter registration.
(1) Beginning July 1, 2011, no person may operate as a collector or transporter of electronic waste unless that person has submitted a registration with the Agency of Natural Resources on a form prescribed by the Agency. A registration is effective upon receipt by the Agency and is valid for a period not to exceed five years. An electronics collector or transporter registered under this section shall not be required to obtain a solid waste certification or a solid waste hauler permit pursuant to chapter 159 of this title.
(2) A registration shall be amended within 10 days after a change to any information included in the registration submitted by the collector under this section.
(3) Beginning August 1, 2012, a collector of electronic waste shall report by August 1 and annually thereafter to the Agency of Natural Resources on a form provided by the Agency the type of electronic waste collected, the total weight of electronic waste recycled during the preceding program year, and whether electronic waste was collected under the Standard Plan or an approved individual plan.
(b) Transporter reporting requirements. Beginning August 1, 2012, a transporter of electronic waste not destined for recycling in Vermont shall report annually by August 1 to the Agency of Natural Resources the total pounds of electronic waste collected and whether electronic waste was collected under the Standard Plan or an approved individual plan. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 166 - Collection and Recycling of Electronic Devices › § 7559. Agency of Natural Resources responsibilities

§ 7559. Agency of Natural Resources responsibilities
The Agency of Natural Resources shall:
(1) Adopt and administer the Standard Plan required under section 7552 of this title.
(2) Establish procedures for:
(A) the registration and certifications required under this chapter; and
(B) making the registrations and certifications required under this chapter easily available to manufacturers, retailers, and members of the public.
(3) Collect the data submitted under this chapter.
(4) Annually review data submitted under this chapter to determine whether any of the variables in the statewide recycling goal should be changed. The Agency shall submit recommended changes to the Senate Committee on Natural Resources and Energy and the House Committee on Environment and Energy.
(5) [Repealed.]
(6) Maintain a website that includes the names of manufacturers with current, valid registrations; the manufacturers’ brands listed in registrations filed with the Agency. The Agency shall update the website information within 10 days of receipt of a complete registration.
(7) In consultation with interested parties, establish guidelines for the environmentally sound management of consumer electronics, including specific requirements for collectors, transporters, and recyclers.
(8) Identify approved transporters, collectors, and recyclers. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010; amended 2017, No. 113 (Adj. Sess.), § 49c.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 166 - Collection and Recycling of Electronic Devices › § 7560. Administration of Electronic Waste Recycling Program

§ 7560. Administration of Electronic Waste Recycling Program
(a) The Secretary of Natural Resources may contract for implementation and administration of the Standard Plan required under section 7552 of this title and, in so doing, shall comply with the Agency of Administration’s current contracting procedures.
(b) In contracting for implementation and administration of the Standard Plan, the Secretary shall review the costs incurred by similar electronic waste collection and recycling programs in other states. The Secretary in his or her discretion may reopen the Standard Plan if bids received in response to a request for proposal exceed the average cost of collection and recycling incurred by similar electronic waste collection and recycling programs in other states. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 166 - Collection and Recycling of Electronic Devices › § 7561. Other recycling programs

§ 7561. Other recycling programs
A municipality or other public agency may not require covered entities to use public facilities to recycle their electronic waste to the exclusion of other lawful programs available. A municipality and other public agencies are encouraged to work with manufacturers to assist them in meeting their recycling obligations under this chapter. Nothing in this chapter prohibits or restricts the operation of any program recycling electronic waste in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or recycling electronic waste, provided that those persons are registered as required under this chapter. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 166 - Collection and Recycling of Electronic Devices › § 7562. Multistate implementation

§ 7562. Multistate implementation
The Agency of Natural Resources or a contracted entity under section 7560 of this title is authorized to participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 166 - Collection and Recycling of Electronic Devices › § 7563. Limitations

§ 7563. Limitations
If a federal law or combination of federal laws takes effect that is applicable to all covered electronic devices sold in the United States and establishes a program for the collection and recycling or reuse of covered electronic devices that is applicable to all covered electronic devices, the Agency shall evaluate whether the federal law provides a solution that is equal to or better than the Program established under this chapter. The Agency shall report its findings to the General Assembly. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 166 - Collection and Recycling of Electronic Devices › § 7564. Rulemaking

§ 7564. Rulemaking
The Secretary of Natural Resources may adopt rules to implement the requirements of this chapter. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 168 - Product Stewardship for Primary Batteries and Rechargeable Batteries › § 7582. Sale of primary batteries

§ 7582. Sale of primary batteries
(a) Sale prohibited. Except as set forth under subsections (b) and (c) of this section, beginning on January 1, 2016, a producer of a primary battery shall not sell, offer for sale, or deliver to a retailer for subsequent sale a primary battery unless:
(1) the producer or the primary battery stewardship organization in which the producer is participating is registered under an approved and implemented primary battery stewardship plan;
(2) the producer or primary battery stewardship organization has paid the fee under section 7594 of this title; and
(3) the name of the producer and the producer’s brand are designated on the Agency website as covered by an approved primary battery stewardship plan.
(b) New producers.
(1) A producer of a primary battery who, after January 1, 2016, seeks to sell, offer for sale, or offer for promotional purposes in the State a primary battery not previously sold in State shall notify the Secretary prior to selling or offering for sale or promotion a primary battery not covered by an approved primary battery stewardship plan.
(2) The Secretary shall list a producer who supplies notice under this subsection as a “new producer” on the Agency’s website. A producer that supplies notice under this subsection shall have 90 days, not including the time required for public comment under subsection 7586(c) of this section, to either join an existing primary battery stewardship organization or submit a primary battery stewardship plan for approval to the State.
(c) Exemption. A producer who annually sells, offers for sale, distributes, or imports in or into the State primary batteries with a total retail value of less than $2,000.00 shall be exempt from the requirements of this chapter. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 168 - Product Stewardship for Primary Batteries and Rechargeable Batteries › § 7583. Primary battery stewardship organization; requirements; registration

§ 7583. Primary battery stewardship organization; requirements; registration
(a) Participation in a primary battery stewardship organization. A producer of primary batteries may meet the requirements of this chapter by participating in a primary battery stewardship organization that undertakes the producer’s responsibilities under sections 7582, 7584, and 7585 of this title.
(b) Qualifications for a primary battery stewardship organization. To qualify as a primary battery stewardship organization under this chapter, an organization shall:
(1) commit to assume the responsibilities, obligations, and liabilities of all producers participating in the primary battery stewardship organization;
(2) not create unreasonable barriers for participation by producers in the primary battery stewardship organization; and
(3) maintain a public website that lists all producers and producers’ brands covered by the primary battery stewardship organization’s approved collection plan.
(c) Registration requirements.
(1) Beginning on March 1, 2015 and annually thereafter, a primary battery stewardship organization shall file a registration form with the Secretary. The Secretary shall provide the registration form to a primary battery stewardship organization. The registration form shall require submission of the following information:
(A) a list of the producers participating in the primary battery stewardship organization;
(B) the name, address, and contact information of a person responsible for ensuring a producer’s compliance with this chapter;
(C) a description of how the primary battery stewardship organization proposes to meet the requirements of subsection (a) of this section, including any reasonable requirements for participation in the primary battery stewardship organization; and
(D) the name, address, and contact information of a person for a nonmember manufacturer to contact on how to participate in the primary battery stewardship organization to satisfy the requirements of this chapter.
(2) A renewal of a registration without changes may be accomplished through notifying the Secretary on a form provided by the Secretary. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 168 - Product Stewardship for Primary Batteries and Rechargeable Batteries › § 7585. Annual report; plan audit

§ 7585. Annual report; plan audit
(a) Annual report. On or before March 1, 2017 and annually thereafter, a producer or a primary battery stewardship organization shall submit a report to the Secretary that contains the following:
(1) the weight of primary batteries collected by the producer or the primary battery stewardship organization in the prior calendar year;
(2) the estimated percentage, by weight, of rechargeable batteries collected by the producer or the primary battery stewardship organization in the prior calendar year;
(3) the percentage of primary batteries collected in the prior calendar year that are from producers who are not participating in any approved stewardship plan, based on periodic sorting of primary batteries by the reporting producer;
(4) the collection rate achieved in the prior calendar year under the primary battery stewardship plan, including a report of the estimated total sales data by weight for primary batteries sold in the State for the previous three calendar years;
(5) the locations for all collection points set up by the primary battery producers covered by the primary battery stewardship plan and contact information for each location;
(6) examples and description of educational materials used to increase collection;
(7) the manner in which the collected primary batteries were managed;
(8) any material change to the primary battery stewardship plan approved by the Secretary pursuant to section 7586 of this title; and
(9) the cost of implementation of the primary battery stewardship plan, including the costs of collection, recycling, education, and outreach.
(b) Plan audit. After five years of implementation of an approved primary battery stewardship plan, a primary battery producer or primary battery stewardship organization shall hire an independent third party to conduct a one-time audit of the primary battery stewardship plan and plan operation. The auditor shall examine the effectiveness of the primary battery stewardship plan in collecting and recycling primary batteries. The independent auditor shall examine the cost-effectiveness of the plan and compare it to that of collection plans or programs for primary batteries in other jurisdictions. The independent auditor shall submit the results of the audit to the Secretary as part of the annual report required under subsection (a) of this section. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 168 - Product Stewardship for Primary Batteries and Rechargeable Batteries › § 7586. Agency responsibilities; approval of plans

§ 7586. Agency responsibilities; approval of plans
(a) Approval of plan. Within 90 days after receipt of a proposed primary battery stewardship plan, not including the time required for public comment under chapter 170 of this title, the Secretary shall determine whether the plan complies with the requirements of section 7584 of this title. If the Secretary determines that a plan complies with the requirements of section 7584 of this title, the Secretary shall notify the applicant of the plan approval in writing. If the Secretary rejects a primary battery stewardship plan, the Secretary shall notify the applicant in writing of the reasons for rejecting the plan. An applicant whose plan is rejected by the Secretary shall submit a revised plan to the Secretary within 45 days of receiving notice of rejection. A primary battery stewardship plan that is not approved or rejected by the Secretary within 90 days, not including the time required for public comment under chapter 170 of this title, of submission by a producer shall be deemed approved.
(b) Plan amendment; changes. Any changes to a proposed primary battery stewardship plan shall be approved by the Secretary in writing. The Secretary, in his or her discretion or at the request of a producer, may require a producer or a primary battery stewardship organization to amend an approved plan.
(c) Public review. When the Secretary receives a request to approve or amend a primary battery stewardship plan under this subchapter, the Secretary shall proceed in accordance with chapter 170 of this title.
(d) [Repealed.]
(e) Registrations. The Secretary shall accept, review, and approve or deny primary battery stewardship organization registrations submitted under section 7583 of this title.
(f) Agency website. The Secretary shall maintain a website that includes a copy of all approved primary battery stewardship plans, the names of producers with approved plans, participation in approved plans, or other compliance with this chapter. The website shall list all of an approved primary battery producer’s brands covered by a primary battery stewardship plan filed with the Secretary. The Secretary shall update information on the website within 10 days of receipt of notice of any change to the listed information. The website shall list all known primary battery producers exempt from the requirements of this chapter under subsection 7582(c) of this title.
(g) Term of primary battery stewardship plan. A primary battery stewardship plan approved by the Secretary under this section shall have a term not to exceed five years, provided that the primary battery producer or primary battery stewardship organization remains in compliance with the requirements of this chapter and the terms of the approved plan. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2015, No. 150 (Adj. Sess.), § 31, eff. Jan. 1, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 168 - Product Stewardship for Primary Batteries and Rechargeable Batteries › § 7587. Retailer obligations

§ 7587. Retailer obligations
(a) Sale prohibited. Except as set forth in subsection (b) of this section, no retailer shall sell or offer for sale a primary battery on or after January 1, 2016 unless the producer of the primary battery is implementing an approved primary battery stewardship plan, is a member of a primary battery stewardship organization implementing an approved primary battery stewardship plan, or is exempt from participation in an approved plan, as determined by review of the producers listed on the Agency website required in subsection 7586(f) of this title.
(b) Inventory exception; expiration or revocation of producer registration. A retailer shall not be responsible for an unlawful sale of a primary battery under this subsection if:
(1) the retailer purchased the primary battery prior to January 1, 2016 and sells the primary battery on or before January 1, 2017; or
(2) the producer’s primary battery stewardship plan expired or was revoked, and the retailer took possession of the in-store inventory of primary batteries prior to the expiration or revocation of the producer’s primary battery stewardship plan.
(c) Educational material. A producer or primary battery stewardship organization supplying primary batteries to a retailer shall provide the retailer with educational materials describing collection opportunities for primary batteries. The retailer shall make the educational materials available to consumers. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 168 - Product Stewardship for Primary Batteries and Rechargeable Batteries › § 7588. Registration of rechargeable battery stewardship organization

§ 7588. Registration of rechargeable battery stewardship organization
(a) A rechargeable battery steward or rechargeable battery stewardship organization shall register with the Secretary in order to seek reimbursement under subchapter 4 of this chapter.
(b) The Secretary shall register a rechargeable battery steward or rechargeable battery stewardship organization upon:
(1) submission of a registration form provided by the Secretary that includes:
(A) the name of a rechargeable battery steward implementing an individual program or a list of the producers participating in a rechargeable battery stewardship organization; and
(B) the name, address, and contact information of a person responsible for implementing the rechargeable battery stewardship program;
(2) a determination by the Secretary that the rechargeable battery steward or rechargeable battery stewardship organization offers to municipalities, certified solid waste management facilities, and retailers a year-round free collection and recycling program. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 168 - Product Stewardship for Primary Batteries and Rechargeable Batteries › § 7589. Reimbursement; authorization

§ 7589. Reimbursement; authorization
(a) Reimbursement of primary battery producers.
(1) A producer or a primary battery stewardship organization operating under an approved primary battery stewardship plan that collects primary batteries or rechargeable batteries that are not listed under its approved plan shall be entitled to reimbursement from the following entities of reimbursable costs per unit of weight incurred in collecting the batteries:
(A) the producer of the collected primary battery or the primary battery stewardship organization representing the producer of the collected primary battery; or
(B) the rechargeable battery steward responsible for the collected rechargeable batteries or, where the rechargeable battery steward responsible for the collected rechargeable batteries is participating in a rechargeable battery stewardship organization, the stewardship organization.
(2) Reimbursement may be requested by a collecting primary battery producer or primary battery stewardship organization only after that producer has achieved the collection rate performance goal approved by the Secretary under section 7584 of this title.
(b) Reimbursement of rechargeable battery stewardship organization. A registered rechargeable battery steward or rechargeable battery stewardship organization shall be entitled to reimbursement from the producer of the collected primary battery or the primary battery stewardship organization representing the producer of the collected primary battery.
(c) Reimbursable costs. Under this subchapter, reimbursement shall be allowed only for those costs incurred in collecting the batteries subject to the reimbursement request. Reimbursable costs include:
(1) costs of collection, transport, recycling, and other methods of disposition identified in a primary battery stewardship plan approved pursuant to section 7586 of this title; and
(2) reasonable educational, promotional, or administrative costs. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 168 - Product Stewardship for Primary Batteries and Rechargeable Batteries › § 7590. Reimbursement process

§ 7590. Reimbursement process
(a) Reimbursement request.
(1) A primary battery producer, primary battery stewardship organization, or rechargeable battery stewardship organization that incurs reimbursable costs under section 7589 of this title shall submit a request to the producer of the collected primary battery or the primary battery stewardship organization in which the producer is participating or the rechargeable battery stewardship organization responsible for the collected rechargeable battery.
(2) A producer or primary battery stewardship organization or rechargeable battery stewardship organization that receives a request for reimbursement may, prior to payment and within 30 days of receipt of the request for reimbursement, request an independent audit of submitted reimbursement costs.
(3) The independent auditor shall be responsible for verifying the reasonableness of the reimbursement request, including the costs sought for reimbursement, the amount of reimbursement, and the reimbursable costs assessed by each of the two programs.
(4) If the independent audit confirms the reasonableness of the reimbursement request, the producer, primary battery stewardship organization, or rechargeable battery stewardship organization requesting the audit shall pay the cost of the audit and the amount of the reimbursement calculated by the independent auditor. If the independent audit indicates the reimbursement request was not reasonable, the producer or primary battery stewardship organization that initiated the reimbursement request shall pay the cost of the audit and the amount of the reimbursement calculated by the independent auditor.
(b) Role of Agency. The Agency shall not be required to provide assistance or otherwise participate in a reimbursement request, audit, or other action under this section, unless subject to subpoena before a court of jurisdiction. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 168 - Product Stewardship for Primary Batteries and Rechargeable Batteries › § 7592. Confidentiality of submitted data

§ 7592. Confidentiality of submitted data
(a) Confidentiality. Reports and data submitted under this chapter shall be available for public inspection and copying, provided that:
(1) Information protected under the Uniform Trade Secrets Act, as codified under 9 V.S.A. chapter 143, or under the trade secret exemption under 1 V.S.A. § 317(c)(9) shall be exempt from public inspection and copying under the Public Records Act.
(2) The Secretary may publish information confidential under subdivision (1) of this subsection in a summary or aggregated form that does not directly or indirectly identify individual producers, battery stewards, distributors, or retailers.
(b) Omission of trade secret information. The Secretary may require, as a part of a report submitted under this chapter, that the producer, primary battery stewardship organization, rechargeable battery steward, or rechargeable battery stewardship organization submit a report that does not contain trade secret information and is available for public inspection and review.
(c) Total weight of batteries. The total weight of batteries collected under an approved primary battery stewardship plan is not confidential business information under the Uniform Trade Secrets Act, as codified under 9 V.S.A. chapter 143, and shall be subject to inspection and review under the Public Records Act, 1 V.S.A chapter 5, subchapter 3. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 168 - Product Stewardship for Primary Batteries and Rechargeable Batteries › § 7593. Antitrust; conduct authorized

§ 7593. Antitrust; conduct authorized
(a) Activity authorized. A producer, group of producers, or primary battery stewardship organization implementing or participating in an approved primary battery stewardship plan under this chapter for the collection, transport, processing, and end-of-life management of primary batteries is individually or jointly immune from liability for the conduct under State laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce under 9 V.S.A. chapter 63, subchapter 1, to the extent that the conduct is reasonably necessary to plan, implement, and comply with the producer’s, group of producers’, or primary battery stewardship organization’s chosen system for managing discarded primary batteries. This subsection shall also apply to conduct of a retailer or wholesaler participating in a producer or primary battery stewardship organization’s approved primary battery stewardship plan when the conduct is necessary to plan and implement the producer’s or primary battery stewardship organization’s organized collection or recycling system for discarded batteries
(b) Limitations on anti-trust activity. Subsection (a) of this section shall not apply to an agreement among producers, groups of producers, retailers, wholesalers, or primary battery stewardship organizations affecting the price of primary batteries or any agreement restricting the geographic area in which, or customers to whom, primary batteries shall be sold. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 168 - Product Stewardship for Primary Batteries and Rechargeable Batteries › § 7594. Administrative fee

§ 7594. Administrative fee
(a) Fees assessed. A primary battery producer or primary battery stewardship organization shall pay a fee of $15,000.00 annually for operation under a primary battery stewardship plan approved by the Secretary under section 7586 of this title.
(b) Disposition of fees. The fees collected under subsection (a) of this section shall be deposited in the Environmental Permit Fund under 3 V.S.A. § 2805. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 168 - Product Stewardship for Primary Batteries and Rechargeable Batteries › § 7595. Rulemaking; procedure

§ 7595. Rulemaking; procedure
The Secretary may adopt rules or procedures to implement the requirements of this chapter. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 170 - Department of Environmental Conservation; Standard Procedures › § 7701. Department of Environmental Conservation; standard procedures

§ 7701. Department of Environmental Conservation; standard procedures
The purpose of this chapter is to establish standard procedures for public notice, public meetings, and decisions relating to applications for permits issued by the Department of Environmental Conservation. (Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 170 - Department of Environmental Conservation; Standard Procedures › § 7703. Rules; additional notice or procedures

§ 7703. Rules; additional notice or procedures
(a) Rules.
(1) Implementing rules. The Secretary may adopt rules to implement this chapter.
(2) Complex projects; preapplication process. The Secretary shall adopt rules to determine when a project requiring a permit is large and complex. These rules shall provide that an applicant proposing such a project, prior to filing an application for a permit, shall initiate a project scoping process pursuant to 3 V.S.A. § 2828 or shall hold an informational meeting that is open to the public. The rules shall ensure that:
(A) Written notice of an informational meeting under this section is sent to the owner of the land where the project is located if the applicant is not the owner; the municipality in which the project is located; the municipal and regional planning commissions for any municipality in which the project is located; if the project site is located on a boundary, any Vermont municipality adjacent to that boundary and the municipal and regional planning commissions for that municipality; and each adjoining property owner. At the time this written notice is sent, the Secretary also shall post the notice to the environmental notice bulletin.
(B) The notice to adjoining property owners informs them of how they can continue to receive notices and information through the environmental notice bulletin concerning the project as it is reviewed by the Secretary.
(C) The applicant furnishes by affidavit to the Secretary the names of those furnished notice and certifies compliance with the notice requirements of this subsection.
(D) The applicant and the Secretary or designee shall attend the meeting. The applicant shall respond to questions from other attendees.
(b) Additional notice.
(1) The Secretary may require, by rule or in an individual case, measures in addition to those directed by this chapter using any method reasonably calculated to give direct notice to persons potentially affected by a decision on the application.
(2) In an individual case, the Secretary may determine to apply the procedures of section 7713 (Type 2) of this chapter to the issuance of a permit otherwise subject to the procedures of section 7715 (Type 4) or section 7716 (Type 5) of this chapter.
(c) Extension of deadlines. A person may request that the Secretary extend any deadline for comment or requesting a public informational meeting established by this chapter. The person shall submit the request before the deadline and include a brief explanation of why the extension is justified. If the request is granted, the Secretary shall provide notice of the new deadline through the environmental notice bulletin. (Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 170 - Department of Environmental Conservation; Standard Procedures › § 7704. Administrative record

§ 7704. Administrative record
(a) The Secretary shall create an administrative record for each application for a permit and shall make the administrative record available to the public.
(b) The Secretary shall base a draft or final decision on each application for a permit on the administrative record.
(c) With respect to permits issued under the Clean Air Act and Clean Water Act, the Secretary shall comply with any requirements under those acts concerning the maintenance and availability of the administrative record. (Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 170 - Department of Environmental Conservation; Standard Procedures › § 7705. Time; how computed

§ 7705. Time; how computed
In this chapter:
(1) When time is to be reckoned from a day, date, or an act done, the day, date, or day when the act is done shall not be included in the computation.
(2) Computation of a time period shall use calendar days. (Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 170 - Department of Environmental Conservation; Standard Procedures › § 7713. Type 2 Procedures

§ 7713. Type 2 Procedures
(a) Purpose; scope.
(1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when considering applications for individual permits, except for individual permits specifically listed in other sections of this subchapter, and when considering other permits listed in this section.
(2) The procedures under this section shall be known as Type 2 Procedures. This section governs an application for each of the following:
(A) an individual permit issued pursuant to the Secretary’s authority under this title and 29 V.S.A. chapter 11, except for permits governed by sections 7712 and 7714-7716 of this chapter;
(B) [Repealed.]
(C) an individual shoreland permit under chapter 49A of this title;
(D) a public water system source permit under section 1675 of this title;
(E) a provisional certification issued under section 6605d of this title; and
(F) a corrective action plan under section 6648 of this title.
(b) Notice of application.
(1) The applicant shall provide notice of the application to adjoining property owners.
(A) For public water system source protection areas, the applicant also shall provide notice to all property owners located in:
(i) zones 1 and 2 of the source protection area for a public community water system source; and
(ii) the source protection area for a public nontransient noncommunity water system source.
(B) For an individual shoreland permit under chapter 49A of this title:
(i) The notice to adjoining property owners shall be to the adjoining property owners on the terrestrial boundary of the shoreland.
(ii) This chapter does not require notice to owners of property across the lake as defined in that chapter.
(2) The Secretary shall provide notice of an administratively complete application through the environmental notice bulletin.
(c) Notice of draft decision; comment period. The Secretary shall provide notice of a draft decision through the environmental notice bulletin and shall post the draft decision to the bulletin. The Secretary shall provide a public comment period.
(d) Public meeting. The Secretary shall hold a public meeting whenever any person files a written request for such a meeting. The Secretary otherwise may hold a public meeting at his or her discretion.
(e) Notice of final decision. The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the final decision to the bulletin. When the Secretary issues the final decision, the Secretary shall provide a response to comments. (Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018; amended 2021, No. 170 (Adj. Sess.), § 11, eff. July 1, 2022.)
2023 Vermont Statutes › Title 10 - Conservation and Development › Chapter 170 - Department of Environmental Conservation; Standard Procedures › § 7714. Type 3 Procedures

§ 7714. Type 3 Procedures
(a) Purpose; scope.
(1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when adopting general permits, except for general permits governed by section 7712 of this chapter, and when considering other permits listed in this section.
(2) The procedures under this section shall be known as Type 3 Procedures. This section governs each of the following:
(A) Each general permit issued pursuant to the Secretary’s authority under this title other than a general permit subject to section 7712 of this chapter. However, this section does not apply to a notice of intent under a general permit.
(B) Issuance of a dam safety order under chapter 43 of this title, except for an unsafe dam order under section 1095 of this title.
(C) An application or request for approval of:
(i) an aquatic nuisance control permit under chapter 50 of this title;
(ii) a change in treatment for a public water supply under chapter 56 of this title;
(iii) a collection plan for mercury-containing lamps under section 7156 of this title;
(iv) an individual plan for the collection and recycling of electronic waste under section 7554 of this title;
(v) a primary battery stewardship plan under section 7586 of this title; and
(vi) a covered household hazardous products collection plan under section 7183 of this title.
(b) Notice of application. The Secretary shall provide notice of an administratively complete application through the environmental notice bulletin.
(c) Notice of draft decision; comment period. The Secretary shall provide notice of the draft decision through the environmental notice bulletin and shall post the draft decision to the bulletin. The Secretary shall provide a public comment period.
(d) Public meeting. The Secretary shall hold a public meeting whenever any person files a written request for such a meeting. The Secretary otherwise may hold a public meeting at his or her discretion.
(e) Notice of final decision. The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the final decision to the bulletin. The Secretary shall provide a response to comments. (Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018; amended 2017, No. 74, § 20; 2023, No. 58, § 5, eff. June 12, 2023.)