Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 032 - WASTE MANAGEMENT DIVISION › Chapter 007 - CHAPTER 26 - SALVAGE YARD › Section 12 032 007 - CHAPTER 26 - SALVAGE YARD

Current through June, 2024
SUBCHAPTER 1 GENERAL PROVISIONS
101 Authority
These rules are adopted by the Secretary of the Agency of
				  Natural Resources pursuant to the authority granted by
				  24 V.S.A. §
												2248(b).
102 Purpose
These rules establish procedures and standards to protect
				  human health and the environment by ensuring the safe, proper, and sustainable
				  operation of salvage yards in Vermont. These rules apply to any person who owns
				  or operates a salvage yard in Vermont as that term is defined in subchapter 2
				  of these rules.
103
				Statutory Requirement
A person who obtains a permit in accordance with these rules
				  shall have satisfied the requirement of
				  24 V.S.A.
				  §
												2242(a)(2) to obtain
				  a certificate of registration prior to operating, establishing, or maintaining
				  a salvage yard.
104 Fees
Fees related to salvage yards are established in
				  3 V.S.A. §
												2822(j).
105 Severability
The provisions of these rules shall be severable. If any
				  provision of these rules is invalid or if any application of these rules to any
				  person or circumstance is invalid, the invalidity shall not affect other
				  provisions or applications that can be given effect without the invalid
				  provision or application.
106 Incorporation by Reference
When reference is made herein to CFR titles, their parts,
				  subparts, or sections, the reference is to titles of the Code of Federal
				  Regulations as they existed on the effective date of this rule.
107 Signatories to Permits and
				Reports
(a) The following individuals shall be
				co-applicants to a salvage yard permit application (if different parties):
(1) The salvage yard owner;
(2) The salvage yard operator; and
(3) The owner of the property on which the
				salvage yard is located.
(b) Permit applications and all reports
				requested or required by the Secretary shall be signed by each applicant or by
				a duly authorized representative of the applicant.
(c) A person is a duly authorized
				representative for purposes of subsection (b) of this section only if:
(1) the authorization is made in writing and
				is signed by the salvage yard applicant;
(2) the authorization states that the
				applicant has delegated the legal authority for the representative to sign on
				behalf of the applicant; and
(3)
				the written authorization is submitted to the Secretary.
(d) If an authorization described in
				subsection (c) of this section no longer meets the requirements of that
				subsection, a new authorization satisfying the requirements of subsection (c)
				of this section shall be submitted to the Secretary prior to or together with
				any documents signed by the new authorized representative.
(e) Any person signing a document pursuant to
				subsection (b) of this section shall make the following certification:
I certify under penalty of law that this document and all
				  attachments were prepared under my direction or supervision. Based on my
				  inquiry of the person or persons who operate the salvage yard, or those persons
				  directly responsible for gathering the information, the information submitted
				  is, to the best of my knowledge and belief, true, accurate and complete. I am
				  aware that there are significant penalties for submitting false information,
				  including the possibility of fine and imprisonment for knowing
				  violations.
108
				Emergency and Corrective Actions
(a) All
				discharges of hazardous waste and releases of hazardous material that meet any
				of the criteria in this subsection shall be immediately reported to the
				Secretary by the owner or operator of a salvage yard or by the person or
				persons exercising control over such waste. Reporting under this section shall
				be achieved by calling the Waste Management & Prevention Division at (802)
				828-1138, Monday through Friday, 7:45 to 4:30, or by calling the Department of
				Public Safety, Emergency Management Division at (800) 641-5005, 24 hours/day.
(1) A discharge of hazardous waste or release
				of hazardous material that exceeds 2 gallons;
(2) A discharge of hazardous waste or release
				of hazardous material that is less than or equal to 2 gallons and poses a
				potential or actual threat to human health or the environment.
(3) A discharge of hazardous waste or release
				of hazardous material that equals or exceeds its corresponding reportable
				quantity as specified under 40 CFR § 302.4.
(b) All discharges or releases required to be
				reported pursuant to subsection (a) of this section shall be managed according
				to the emergency and corrective actions requirements of the Vermont Hazardous
				Waste Management Regulations § 7-105 (Emergency and Corrective Actions). A
				copy of these rules may be found on the Secretary's website at
http://www.anr.state.vt.us/dec/wastediv/rcra/regs.htm
.
				A paper copy of those regulations shall be made available upon
				request.