Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 032 - WASTE MANAGEMENT DIVISION › Chapter 001 - HAZARDOUS WASTE MANAGEMENT › Section 12 032 001 - HAZARDOUS WASTE MANAGEMENT

Current through June,
				2024
SUBCHAPTER 1
				GENERAL PROVISIONS
Section 7-101 Authority.
These regulations are promulgated by the Secretary of the
				  Vermont Agency of Natural Resources pursuant to the authority granted by
				  3 V.S.A. §
												2853(5) and 10 V.S.A.
				  chapter 159.
Note: The term "these regulations," when used within this
				  document, means chapter 7 of the Vermont Environmental Protection Rules
				  (Hazardous Waste Management Regulations).
Section 7-102 Purpose.
These regulations are intended to protect public health and
				  the environment by regulating the generation, storage, collection, transport,
				  treatment, disposal, use, reuse, and recycling of hazardous waste, used oil,
				  universal waste, and pharmaceutical wase in Vermont.
Section 7-103 Definitions.
As used in these regulations, all terms not otherwise defined
				  herein shall have the meaning given them in 40 CFR Parts 260 through 266, 268,
				  and 270. Terms that are used only in subchapter 8 (used oil management
				  standards), subchapter 9 (universal waste management standards) or subchapter
				  10 (pharmaceutical waste management standards) are defined therein.
"Active life of a facility" means the period from the initial
				  receipt of hazardous waste at the facility until the Secretary receives
				  certification of final closure.
"Acute hazardous waste" means hazardous wastes that are
				  either listed in §7-210 with the assigned hazard code of (H) or are listed
				  in §7-215.
"Aerosol can" means a non-refillable receptacle containing a
				  gas compressed, liquefied or dissolved under pressure, the sole purpose of
				  which is to expel a liquid, paste, or powder and fitted with a self-closing
				  release device allowing the contents to be ejected by the gas.
"Agency" means the Vermont Agency of Natural
				  Resources.
"Airbag waste" means any hazardous waste airbag modules or
				  hazardous waste airbag inflators.
"Airbag waste collection facility" means any facility that
				  receives airbag waste from airbag handlers subject to regulation under
				  §7-203(y), and accumulates the waste for more than ten days.
"Airbag waste handler" means any person, by site, who
				  generates airbag waste that is subject to regulation under subchapters 1
				  through 7 of these regulations.
"Boiler" means an enclosed device using controlled flame
				  combustion and either:
(a) Having the
				following characteristics:
(1) Having physical
				provisions for recovering and exporting thermal energy in the form of steam,
				heated fluids, or heated gases: and
(2) Being of integral design, in that the
				combustion chamber and the primary energy recovery section(s) (such as
				waterwalls and superheaters) are physically formed into one manufactured or
				assembled unit, except that process heaters (units that transfer energy
				directly to a process stream) and fluidized bed combustion units are not
				precluded from being boilers solely because they are not of integral design. A
				unit in which the combustion chamber and the primary energy recovery section(s)
				are joined only by ducts or connections carrying flue gas is not of integral
				design; however, a unit may be of integral design even though secondary energy
				recovery equipment (such as economizers or air preheaters) is not physically
				formed into the same unit as the combustion chamber and the primary energy
				recovery section; and
(3)
				Maintaining while in operation a thermal energy recovery efficiency of at least
				60 percent, calculated in terms of the recovered energy compared with the
				thermal value of the fuel; and
(4)
				Exporting and utilizing at least 75 percent of the recovered energy, calculated
				on an annual basis, not including recovered heat used internally in the same
				unit. such as the preheating of fuel or combustion air, the driving of induced
				or forced draft fans or feed-water pumps; or
(b) The device is one which the Secretary has
				determined, on a case-by-case basis, to be a boiler, after considering the
				standards in
				40 CFR §
												260.32.
"Carbon regeneration unit" means any enclosed thermal
				  treatment device used to regenerate spent activated carbon.
"CERCLA" means the federal Comprehensive Environmental
				  Response, Compensation and Liability Act of 1980, as amended.
"Certificate of need" means a certificate issued by the
				  Secretary pursuant to
				  10 V.S.A. §
													6606a that must be obtained before a person
				  may begin site preparation for or construction of a hazardous waste management
				  facility.
"Certified hazardous waste facility" means a treatment,
				  storage, or disposal facility which is authorized to operate under a federally
				  approved state hazardous waste program, the federal hazardous waste program, or
				  a foreign government.
"College/University" means a private or public,
				  post-secondary, degree-granting, academic institution, that is accredited by an
				  accrediting agency listed annually by the U.S. Department of Education.
"Completed copy" means any copy of the manifest which has
				  been signed by the generator, designated transporter, any continuing
				  transporters, and the designated certified hazardous waste treatment, storage,
				  or disposal facility.
"Compliance points" or points of compliance means the
				  locations identified in §12-603 of the GWPRS
"Consignee" means the ultimate treatment, storage or disposal
				  facility in a receiving country to which the hazardous waste will be
				  sent.
"Container" means any portable device in which a material is
				  stored, transported, treated, disposed of or otherwise handled.
"Containment building" means a hazardous waste management
				  unit that is used to store or treat hazardous waste under the provisions of
				  Subpart DD of 40 CFR Parts 264 or 265 (incorporated by reference in subchapter
				  5)
"Contaminated wipe" means:
(a) A wipe that, after being used in a
				cleaning or degreasing process:
(1) Contains
				greater than 5% by weight of VT02 petroleum distillates listed in
				§7-211;
(2) Contains one or
				more of the F001 through F005 solvents listed in §7-210 or the
				corresponding P- or U- listed solvents found in §§7-214 and
				7-215;
(3) Exhibits a hazardous
				characteristic found in §§7-205 through 7-208 when that
				characteristic results from a solvent listed in §§7-210 through
				7-215; and/or
(4) Exhibits only the
				hazardous waste characteristic of ignitability found in §7-205 due to the
				presence of one or more solvents that are not listed in §§7-210
				through 7-215.
(b)
				Contaminated wipes that contain listed hazardous waste other than VT02
				petroleum distillates or the solvents specified in subsection (a)(2) of this
				section, or exhibit the characteristic of toxicity, corrosivity, or reactivity
				due to contaminants other than solvents, are not eligible for the exemption at
				§7-203(w).
"Control" over a waste, unless otherwise defined in these
				  regulations, means the possession, ownership or physical control of such waste,
				  including but not limited to the following activities:
(a) generation;
(b) treatment;
(c) storage;
(d) transportation; or
(e) disposal, whether or not such activity is
				authorized by law.
"Debris" means solid material exceeding a 60 mm particle size
				  that is intended for disposal and that is: A manufactured object; or plant or
				  animal matter; or natural geologic material. However, the following materials
				  are not debris: Any material for which a specific treatment standard is
				  provided in
				  40 CFR §§
													268.40 through
				  268.49,
				  namely lead acid batteries, cadmium batteries. and radioactive lead solids;
				  Process residuals such as smelter slag and residues from the treatment of
				  waste, wastewater, sludges, or air emission residues; and intact containers of
				  hazardous waste that are not ruptured and that retain at least 75% of their
				  original volume. A mixture of debris that has not been treated to the standards
				  provided by
				  40 CFR §
													268.45 and other material is subject to
				  regulation as debris if the mixture is comprised primarily of debris, by
				  volume, based on visual inspection.
"Designated facility" means:
(a) A hazardous waste treatment, storage, or
				disposal facility which:
(1) Has received a
				permit (or interim status) in accordance with the requirements of 40 CFR Parts
				270 and 124;
(2) Has received a
				permit (or interim status) from a State authorized in accordance with 40 CFR
				Part 271; or
(3) Is regulated under
				§7-606(a) or Subpart F of 40 CFR Part 266 (Refer to §7-204(g)
				Recyclable Materials Utilized for Precious Metal Recovery); and
(4) Has been designated on the manifest by
				the generator pursuant to §7-702.
(b) A generator site designated on the
				manifest to receive its waste as a return shipment from a facility that has
				rejected the waste in accordance with
				40 CFR §
												264.72(f) or 40 CFR
				§265.72(f) (Refer to §7-704.(i)(4) )
(c) If a waste is destined to a facility in
				an authorized State which has not yet obtained authorization to regulate that
				particular waste as hazardous, then the designated facility must be a facility
				allowed by the receiving State to accept such waste.
"Destination facility" means a facility that treats, disposes
				  of, or recycles a particular category of universal waste, except those
				  management activities described in §7-912(d)(3). A facility at which a
				  particular category of universal waste is only accumulated, is not a
				  destination facility for purposes of managing that category of universal
				  waste.
"Discarded" A material is discarded if it is:
(a) Abandoned by being:
(1) Disposed of; or
(2) Burned or incinerated; or
(3) Accumulated, stored, or treated before or
				in lieu of being abandoned by being disposed of, burned, or
				incinerated;
(b)
				Recycled, until the recycling process has been completed;
(c) Considered inherently waste-like as
				described in
				40 CFR §
												261.2(d);
(d) Applied to or placed on the land in a
				manner that constitutes, used to produce products that are applied to or placed
				on the land, or are otherwise contained in products that are applied to or
				placed on the land or
(e) A
				military munition identified as a solid waste in
				40 CFR §
												266.202.
"Discharge" or "hazardous waste discharge" means the
				  accidental or intentional spilling, leaking, pumping, pouring, emitting,
				  emptying, or dumping of hazardous waste into or on any land or water.
"Disposal" means the discharge, deposit, injection, dumping,
				  spilling, leaking, emitting, or placing of any solid waste or hazardous waste
				  into or on any land or water so that such solid waste or hazardous waste or any
				  constituent thereof may enter the environment or be emitted into the air or
				  discharged into any ground or surface waters.
"Disposal facility" means a facility or part of a facility at
				  which hazardous waste is intentionally placed into or on any land or water, and
				  at which waste will remain after closure. The term disposal facility does not
				  include a corrective action management unit into which remediation wastes are
				  placed.
"Drip pad" is an engineered structure consisting of a curbed,
				  free-draining base, constructed of non-earthen materials and designed to convey
				  preservative kick-back or drippage from treated wood, precipitation, and
				  surface water run-on to an associated collection system at wood preserving
				  plants.
"Domestic sewage" means untreated sanitary wastes that pass
				  through a sewer system to a sewage treatment plant.
"Electronic manifest" (or "e-Manifest") means the electronic
				  format of the hazardous waste manifest that is obtained from EPA's national
				  e-Manifest system and transmitted electronically to that system, and that is
				  the legal equivalent of EPA Forms 8700-22 (Manifest) and 8700-22A (Continuation
				  Sheet).
"Electronic Manifest System" (or "e-Manifest system") means
				  EPA's national information technology system through which the electronic
				  manifest may be obtained, completed, transmitted, and distributed to users of
				  the electronic manifest and to regulatory agencies.
"Elementary neutralization unit" means a device which:
(a) Is used for neutralizing wastes that are
				hazardous only because they exhibit the corrosivity characteristic defined in
				§7-206, or they are listed in §§7-210 through 7-215 only for
				this reason; and
(b) Meets the
				definition of tank, tank system, container, transport vehicle, or vessel.
"Eligible academic entity" means a college or university, or
				  a non-profit research institute that is owned by or has a formal written
				  affiliation agreement with a college or university, or a teaching hospital that
				  is owned by or has a formal written affiliation agreement with a college or
				  university.
"Emergency response" means a response action to a situation
				  that may cause immediate and serious threat of harm to human health or the
				  environment.
"Environmental Protection Agency" or "EPA" means the United
				  States Environmental Protection Agency.
"EPA Acknowledgement of Consent" means the cable sent to EPA
				  from the U. S. Embassy in a receiving country that acknowledges the written
				  consent of the receiving country to accept the hazardous waste and describes
				  the terms and conditions of the receiving country's consent to the
				  shipment.
"EPA Identification number" means the location specific
				  number assigned by either EPA or the Secretary to each generator, transporter
				  and treatment, storage, or disposal facility.
"EPCRA" means the federal Emergency Planning & Community
				  Right to Know Act of 1986, as amended.
"Episodic Event" means an activity or activities, either
				  planned or unplanned, that does not normally occur during generator operations,
				  resulting in an increase in the generation of hazardous wastes that exceeds the
				  calendar month quantity limits for the generator's usual category.
"Explosives or munitions emergency" means a situation
				  involving the suspected or detected presence of unexploded ordnance (UXO),
				  damaged or deteriorated explosives or munitions, an improvised explosive device
				  (ED), other potentially explosive material or device, or other potentially
				  harmful military chemical munitions or device, that creates an actual or
				  potential imminent threat to human health, including safety, or the
				  environment, including property, as determined by an explosives or munitions
				  emergency response specialist. Such situations may require immediate and
				  expeditious action by an explosives or munitions emergency response specialist
				  to control, mitigate, or eliminate the threat.
"Explosives or munitions emergency response" means all
				  immediate response activities by an explosives and munitions emergency response
				  specialist to control, mitigate, or eliminate the actual or potential threat
				  encountered during an explosives or munitions emergency. An explosives or
				  munitions emergency response may include in-place render-safe procedures,
				  treatment or destruction of the explosives or munitions and/or transporting
				  those items to another location to be rendered safe, treated, or destroyed. Any
				  reasonable delay in the completion of an explosives or munitions emergency
				  response caused by a necessary, unforeseen, or uncontrollable circumstance will
				  not terminate the explosives or munitions emergency. Explosives and munitions
				  emergency responses can occur on either public or private lands and are not
				  limited to responses at RCRA facilities.
"Explosives or munitions emergency response specialist" means
				  an individual trained in chemical or conventional munitions or explosives
				  handling, transportation, render-safe procedures, or destruction techniques.
				  Explosives or munitions emergency response specialists include Department of
				  Defense (DOD) emergency explosive ordnance disposal (EOD). technical escort
				  unit (TEU), and DOD-certified civilian or contractor personnel; and other
				  Federal, State, or local government, or civilian personnel similarly trained in
				  explosives or munitions emergency responses.
"Facility" means:
(a)
				All contiguous land, and structures, other appurtenances, and improvements on
				the land. used for treating, storing, or disposing of hazardous waste. A
				facility may consist of several treatment, storage, or disposal operational
				units (e.g., one or more landfills, surface impoundments, or combinations of
				them).
(b) For the purpose of
				implementing corrective action under
				40 CFR §
												264.101 (incorporated by reference under
				subchapter 5), all contiguous property under the control of the owner or
				operator seeking certification under subchapter 5 of these regulations. This
				definition also applies to facilities implementing corrective action under RCRA
				§3008.(h).
"FIFRA" means the Federal Insecticide, Fungicide, and
				  Rodenticide Act, as amended,
				  7
				  U.S.C. §
													136 et seq
"Final closure" means the cessation of hazardous waste
				  management activities and either the closure of all short-term storage areas at
				  a large quantity generator facility in accordance with the requirements of
				  §7-308(b)(16), or the closure of all hazardous waste management units at a
				  facility in accordance with the facility closure plan and all applicable
				  closure requirements of subchapter 5 so that hazardous waste management
				  activities permitted under subchapter 5 are no longer conducted at the
				  facility.
"Generator" means any person, by site, whose act or process
				  produces hazardous waste or whose act first causes hazardous waste to become
				  subject to regulation. This includes any person who imports hazardous waste
				  into Vermont from a foreign country.
"Groundwater enforcement standards" means those standards
				  adopted by §12-601 of the Groundwater Protection Rule and Strategy
"Groundwater Protection Rule and Strategy" or "GWPRS" means
				  chapter 12 of the Vermont Environmental Protection Rules, effective July 6,
				  2019, as amended.
"Hazardous material" means all petroleum and toxic, corrosive
				  or other chemicals and related sludge included in any of the following:
(a) Any substance defined in CERCLA
				§101(14);
(b) Petroleum,
				including crude oil or any fraction thereof;
(c) Hazardous waste; or
(d) A chemical or substance that, when
				released, poses a risk to human health or other living organisms and that is
				listed by the Secretary by rule.
Note: "Hazardous material" does not include herbicides and
				  pesticides when applied consistent with good practice conducted in conformity
				  with federal, state and local laws and regulations and according to
				  manufacturers' instructions. Nothing in this subsection shall affect the
				  authority granted and the limitations imposed by
				  10 V.S.A. §
													6608a.
"Hazardous waste" means any waste or combination of wastes of
				  a solid, liquid, contained gaseous, or semi-solid form, including but not
				  limited to those which are toxic, corrosive, ignitable, reactive, strong
				  sensitizers, or which generate pressure through decomposition, heat or other
				  means, which in the judgment of the Secretary may cause, or contribute to, an
				  increase in mortality or an increase in serious irreversible or incapacitating
				  reversible illness, taking into account the toxicity of such waste, its
				  persistence and degradability in nature, and its potential for assimilation, or
				  concentration in tissue, and other factors that may otherwise cause or
				  contribute to adverse acute or chronic effects on the health of persons or
				  other living organisms, or any matter which may have an unusually destructive
				  effect on water quality if discharged to ground or surface waters of the state.
				  All special nuclear, source, or by-product material, as defined by the Atomic
				  Energy Act of 1954, as amended, codified in
				  42
				  U. S. C. §
													2014, is specifically
				  excluded from this definition.
"Hazardous waste management" means the systematic and
				  comprehensive management of the generation, storage, transport, treatment,
				  including recycling and recovery, or disposal of hazardous waste
				  materials.
"Hazardous waste management unit" is a contiguous area of
				  land on or in which hazardous waste is placed, or the largest area in which
				  there is significant likelihood of mixing hazardous waste constituents in the
				  same area. Examples of hazardous waste management units include a surface
				  impoundment, a waste pile, a land treatment area, a landfill cell, an
				  incinerator, a tank and its associated piping and underlying containment system
				  and a container storage area. A container alone does not constitute a unit; the
				  unit includes containers and the land or pad upon which they are placed.
"Household waste" means any waste material (including
				  garbage, trash and sanitary wastes in septic tanks) derived from households
				  (including single and multiple residences, hotels and motels, bunkhouses,
				  ranger stations, crew quarters, campgrounds, picnic grounds and day-use
				  recreation areas). Business waste generated at a household is not household
				  waste.
"Impervious surface" means a surface that is sufficiently
				  impermeable to any waste material stored thereon to prevent that material from
				  migrating into the surface (e.g., porous concrete) or to the soil, groundwater,
				  or surface water.
"Incinerator" means any enclosed device that:
(a) Uses controlled flame combustion and
				neither meets the criteria for classification as a boiler, sludge dryer, or
				carbon regeneration unit, nor is listed as an industrial furnace; or
(b) Meets the definition of infrared
				incinerator or plasma arc incinerator as defined in
				40
				CFR §
												260.10.
"Incompatible waste" means a hazardous waste which is
				  unsuitable for:
(a) Placement
				in a particular device or facility because it may cause corrosion or decay of
				containment materials (e. g., container inner liners or tank walls);
				or
(b) Commingling with another
				waste or material under uncontrolled conditions because the commingling might
				produce heat or pressure, fire or explosion, violent reaction, toxic dusts,
				mists, fumes, or gases, or flammable fumes or gases.
(See Appendix VII for examples of potentially incompatible
				  waste.)
"Industrial furnace" means an enclosed device that is an
				  integral component of a manufacturing process, that uses thermal treatment to
				  accomplish recovery of materials or energy, and that is listed as an
				  "industrial furnace" in
				  40
				  CFR §
													260.10.
"Investigation and Remediation of Contaminated Properties
				  Rule" means chapter 35 of the Vermont Environmental Protection Rules, effective
				  July 6, 2019, as amended.
"Laboratory" means an area owned by an eligible academic
				  entity where relatively small quantities of chemicals and other substances are
				  used on a non-production basis for teaching or research (or diagnostic purposes
				  at a teaching hospital) and are stored and used in containers that are easily
				  manipulated by one person. Photo laboratories, art studios, and field
				  laboratories are considered laboratories. Areas such as chemical stockrooms and
				  preparatory laboratories that provide a support function to teaching or
				  research laboratories (or diagnostic laboratories at teaching hospitals) are
				  also considered laboratories.
"Land disposal" means placement in or on the land and
				  includes, but is not limited to, placement in a landfill, surface impoundment,
				  waste pile, injection well, land treatment facility, salt dome formation, salt
				  bed formation, underground mine or cave, concrete vault or bunker intended for
				  disposal purposes.
"Landfill" means a disposal facility or part of a facility
				  where hazardous waste is placed in or on land and which is not a pile, a land
				  treatment facility, a surface impoundment, an underground injection well, a
				  salt dome formation, a salt bed formation, an underground mine, a cave, or a
				  corrective action management unit.
"Large quantity generator" means a generator who generates
				  any of the following amounts in a calendar month:
(a) Greater than or equal to 1,000 kilograms
				(2200 lbs) of non-acute hazardous waste; or
(b) Greater than 1 kilogram (2.2 lbs) of
				acute hazardous waste listed in §7-210 or §7-215; or
(c) Greater than 100 kilograms (220 lbs) of
				any residue or contaminated soil, water, or other debris resulting from the
				cleanup of a spill, into or on any land or water, of any acute hazardous waste
				listed in §7-210 or §7-215.
"Low-level mixed waste (LLMW)" is a waste that contains both
				  low-level radioactive waste and RCRA hazardous waste.
"Low-level radioactive waste (LLW)" is a radioactive waste
				  which contains source, special nuclear, or byproduct material, and which is not
				  classified as high-level radioactive waste, transuranic waste, spent nuclear
				  fuel, or byproduct material as defined in section 11e.(2) of the Atomic Energy
				  Act. (See also NRC definition of "waste" at
				  10
				  CFR 61.2)
"Manifest" means the shipping document EPA Form 8700-22
				  (including, if necessary, the continuation sheet document EPA Form 8700-22A),
				  or the electronic manifest, originated and signed in accordance with the
				  applicable requirements of 40 CFR Parts 262 through 265.
"Manifest tracking number" means the alphanumeric
				  identification number (i.e., a unique three letter suffix preceded by nine
				  numerical digits), which is pre-printed in Item 4 of the Manifest by a
				  registered source.
"Manufacturing or mining by-product" is a material that is
				  not one of the primary products of a particular manufacturing or mining
				  operation, is a secondary and incidental product of the particular operation
				  and would not be solely and separately manufactured or mined by the particular
				  manufacturing or mining operation. The term does not include an intermediate
				  manufacturing or mining product which results from one of the steps in a
				  manufacturing or mining process and is typically processed through the next
				  step of the process within a short time.
"Media" means environmental media (e.g., soil,
				  groundwater).
"Military munitions" means all ammunition products and
				  components produced or used by or for the U.S. Department of Defense or the
				  U.S. Armed Services for national defense and security, including military
				  munitions under the control of the Department of Defense, the U.S. Coast Guard,
				  the U.S. Department of Energy (DOE), and National Guard personnel. The term
				  military munitions includes: confined gaseous, liquid, and solid propellants,
				  explosives, pyrotechnics, chemical and riot control agents, smokes, and
				  incendiaries used by DOD components, including bulk explosives and chemical
				  warfare agents, chemical munitions. rockets, guided and ballistic missiles,
				  bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition,
				  grenades, mines, torpedoes, depth charges, cluster munitions and dispensers,
				  demolition charges, and devices and components thereof. Military munitions do
				  not include wholly inert items, improvised explosive devices, and nuclear
				  weapons, nuclear devices, and nuclear components thereof. However, the term
				  does include non-nuclear components of nuclear devices, managed under DOE's
				  nuclear weapons program after all required sanitization operations under the
				  Atomic Energy Act of 1954, as amended, have been completed.
"Miscellaneous unit" means a hazardous waste management unit
				  where hazardous waste is treated, stored, or disposed of and that is not a
				  container, tank, surface impoundment, pile, land treatment unit, landfill,
				  incinerator, boiler, industrial furnace, underground injection well with
				  appropriate technical standards under 40 CFR Part 146, containment building,
				  corrective action management unit, or unit eligible for a research,
				  development, and demonstration certification under §7-511(c).
"Mixed waste" means a waste that contains both RCRA hazardous
				  waste and source, special nuclear, or byproduct material subject to the Atomic
				  Energy Act of 1954, as amended.
"No free liquids" as used in §7-203(w), means that
				  contaminated wipes may not contain free liquids as determined by Method 9095B
				  (Paint Filter Liquids Test), included in "Test Methods for Evaluating Solid
				  Waste, Physical/Chemical Methods" (EPA Publication SW-846), which is
				  incorporated by reference, and that there is no free liquid in the container
				  holding the wipes. No free liquids may also be determined using another
				  standard or test method as defined by the Secretary.
"Non-acute hazardous waste" means all hazardous wastes that
				  are not acute hazardous waste.
"Obsolete pesticide products" means concentrated pesticide
				  products which are unusable due to damage to containers or the pesticide
				  formulation; in damaged containers; pesticide products whose U. S. EPA
				  registration number has been canceled or suspended leaving no valid registered
				  uses on the label; or unwanted registered pesticide compounds which the
				  generator wishes to dispose of.
"On-site" means the same or geographically contiguous
				  property which may be divided by public or private right-of-way, provided the
				  entrance and exit between the properties is at a cross-roads intersection, and
				  access is by crossing as opposed to going along, the right-of-way.
				  Non-contiguous properties owned by the same person but connected by a
				  right-of-way which that person controls and to which the public does not have
				  access, is also considered on-site property.
"Partial closure" means the closure of a short-term storage
				  area at a large quantity generator in accordance with the applicable
				  requirements of §7-308(b)(16), or the closure of a hazardous waste
				  management unit at a facility that contains other active hazardous waste
				  management units in accordance with the facility closure plan and all
				  applicable closure requirements of subchapter 5. For example, partial closure
				  may include the closure of a short-term storage area at a large quantity
				  generator that continues to generate hazardous waste and may maintain other
				  active short-term storage areas; or the closure of a container storage area,
				  tank (including its associated piping and underlying containment systems),
				  landfill cell, surface impoundment, waste pile, or other hazardous waste
				  management unit at a facility, while other units of the same facility continue
				  to operate.
"Person" means any individual, partnership, company,
				  corporation, association, unincorporated association, joint venture, trust,
				  municipality, the State of Vermont or any agency, department, or subdivision of
				  the state, federal agency, or any other legal or commercial entity.
"Pesticide" means any substance or mixture of substances
				  intended for preventing, destroying, repelling, or mitigating any pest, or
				  intended for use as a plant regulator, defoliant, or desiccant, other than any
				  article that:
(a) Is a new animal drug
				under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 201(w),
				or
(b) Is an animal drug that has
				been determined by regulation of the Secretary of Health and Human Services not
				to be a new animal drug, or
(c) Is
				an animal feed under FFDCA section 201(x) that bears or contains any substances
				described by subsection (a) or (b) of this definition
"Pesticidal wastes" means unwanted pesticides and their
				  dilutions, rinses, and improperly rinsed containers.
"Pile" means any non-containerized accumulation of solid,
				  nonflowing hazardous waste that is used for treatment or storage and that is
				  not a containment building.
"Planned episodic event" means an episodic event that the
				  generator planned and prepared for, including regular maintenance, tank
				  cleanouts, short-term projects, and removal of excess chemical inventory
"Primary exporter" means any person who is required to
				  originate the manifest for a shipment of hazardous waste in accordance with
				  subchapter 7 when the manifest specifies a treatment, storage, or disposal
				  facility in a receiving country as the facility to which the hazardous waste
				  will be sent and any intermediary arranging for the export.
"RCRA" means the Solid Waste Disposal Act, as amended by the
				  Resource Conservation and Recovery Act of 1976,
				  42 U.S.C. §
													6901 et seq, as amended.
"RCRA hazardous waste" means hazardous waste regulated under
				  Subtitle C of RCRA; it does not include other wastes regulated as hazardous
				  waste by the State of Vermont that are not regulated under Subtitle C of
				  RCRA.
"Reclaimed" means that a hazardous waste is processed to
				  recover the hazardous component of the waste as a usable product, or that it is
				  regenerated. Examples are recovery of lead values from spent batteries and
				  regeneration of spent solvents.
"Receiving country" means any foreign country to which
				  hazardous waste is sent for the purpose of treatment, storage, or disposal
				  (except short-term storage incidental to transportation).
"Registration" means, for the purposes of §7-304(e) and
				  6608(f), notifying the Secretary of hazardous waste activity using the
				  Hazardous Waste Handler Site Identification Form ( EPA Form 8700-12) referenced
				  in §7-104(a), and paying the annual fee specified in
				  3 V.S.A. §
													2822.
"Release" means any intentional or unintentional action or
				  omission resulting in the spilling. leaking, pumping, pouring, emitting,
				  emptying, dumping, or disposing of hazardous materials into the surface or
				  groundwaters, or onto the lands in the state, or into waters outside the
				  jurisdiction of the state when damage may result to the public health, lands,
				  waters or natural resources within the jurisdiction of the state.
"Representative sample" means a sample of a universe or whole
				  (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the
				  average properties of the universe or whole.
"Restricted use pesticides" means pesticides that meet the
				  criteria of
				  40 CFR
				  §
													152.170 and are identified by the
				  designation "Restricted Use" on the product label. Restricted use pesticides
				  are not available for purchase or use by the general public.
"Scrap metal" means bits and pieces of metal parts (e. g.,
				  bars, turnings, rods, sheets, wire) or metal pieces that may be combined
				  together with bolts or soldering (e. g., radiators, scrap automobiles, railroad
				  box cars), which when worn or superfluous can be recycled.
"Secretary" means the Secretary of the Agency of Natural
				  Resources or his or her duly authorized representative. When implementing the
				  provisions of 10 V. S. A. §§6608a relating to economic poisons, the
				  term shall also include the Secretary of the Vermont Agency of Agriculture,
				  Food & Markets. When implementing the provisions of
				  10 V.S.A.
				  §
													6608b relating to low-level
				  radioactive wastes mixed with hazardous waste, the term shall also include the
				  Commissioner of the Vermont Department of Health.
"Short-term storage area" means any on-site hazardous waste
				  storage area with hazardous waste stored in units that are subject to either
				  §7-307 (for small quantity generators) or §7-308 (for large quantity
				  generators). A short-term storage area at an eligible academic entity that
				  chooses to operate under
				  40 CFR §§
													262.200 through
				  262.216
				  (Subpart K) is also subject to
				  40
				  CFR §
													262.211 when storing unwanted
				  material and/or hazardous waste. The term "short-term storage area" shall have
				  the same meaning as "central accumulation area" as used in 40 CFR Subpart
				  K.
"Sludge" means any solid, semi-solid, or liquid waste
				  generated from a municipal, commercial, or industrial wastewater treatment
				  plant, water supply treatment plant, or air pollution control facility
				  exclusive of the treated effluent from a wastewater treatment plant.
"Sludge dryer" means any enclosed thermal treatment device
				  that is used to dehydrate sludge and that has a maximum total thermal input,
				  excluding the heating value of the sludge itself, of 2,500 Btu/lb of sludge
				  treated on a wet-weight basis.
"Small quantity generator" means a generator who generates
				  the following amounts in a calendar month:
(a) Greater than 100 kilograms (220 lbs) but
				less than 1,000 kilograms (2200 lbs) of non-acute hazardous waste;
				and
(b) Less than or equal to 1
				kilogram (2.2 lbs) of acute hazardous waste listed in §7-210 or
				§7-215; and
(c) Less than or
				equal to 100 kilograms (220 lbs) of any residue or contaminated soil, water, or
				other debris resulting from the cleanup of a spill, into or on any land or
				water, of any acute hazardous waste listed in §7-210 or §7-215.
"Soil" means unconsolidated earth material composing the
				  superficial geologic strata (material overlying bedrock), consisting of clay,
				  silt, sand, or gravel size particles as classified by the U.S. Natural
				  Resources Conservation Service, or a mixture of such materials with liquids,
				  sludges or solids which is inseparable by simple mechanical removal processes
				  and is made up primarily of soil by volume based on visual inspection. Any
				  deliberate mixing of prohibited hazardous waste with soil that changes its
				  treatment classification (i.e., from waste to contaminated soil) is not allowed
				  under the dilution prohibition in
				  40 CFR §
													268.3.
"Solid waste" means any discarded garbage, refuse, septage,
				  sludge from a waste treatment plant, water supply plant, or pollution control
				  facility and other discarded material including solid, liquid, semi-solid, or
				  contained gaseous materials resulting from industrial, commercial, mining, or
				  agricultural operations and from community activities but does not include
				  animal manure and absorbent bedding used for soil enrichment or solid or
				  dissolved materials in industrial discharges which are point sources subject to
				  permits pursuant to 10 V.S.A. chapter 47.
"Sorbent" means a material that is used to soak up free
				  liquids by either adsorption or absorption, or both.
"Sorb" means to either adsorb or absorb, or both.
"Staging" means the temporary placement of off-site generated
				  recyclable materials within a recycling facility for a period of time no longer
				  than three (3) days.
"Storage" means the actual or intended containment of wastes,
				  either on a temporary basis or for a period of years; in such a manner as not
				  to constitute disposal of such wastes. Storage may be conducted by either
				  generators or designated facilities. Hazardous waste that is being staged at a
				  recycling facility for no more than three (3) days is not considered to be in
				  storage.
"Sump" means any pit or reservoir that meets the definition
				  of tank and those troughs/trenches connected to it that serve to collect
				  hazardous waste for transport to hazardous waste storage, treatment, or
				  disposal facilities; except that as used in the landfill, surface impoundment,
				  and waste pile rules, "sump" means any lined pit or reservoir that serves to
				  collect liquids drained from a leachate collection and removal system or leak
				  detection system for subsequent removal from the system.
"Surface impoundment" means a natural topographic depression,
				  artificial excavation, or dike arrangement, including a pit, pond, or lagoon,
				  whether or not it has a permeable bottom or sides allowing seepage of its
				  contents, which is:
(a) Used primarily
				for the storage, treatment, or disposal of hazardous waste in liquid,
				semi-solid, or solid form; and
(b)
				Constructed on, below, or partially in the ground.
"Tank" means a stationary device, designed to contain an
				  accumulation of hazardous waste, which is constructed primarily of nonearthen
				  materials (e. g., wood, concrete, steel, plastic) that provide structural
				  support.
"Tank system" means a hazardous waste storage or treatment
				  tank and its associated ancillary equipment and containment system.
"Transfer facility" means any transportation related facility
				  including loading docks, parking areas, storage areas and other similar areas
				  where shipments of hazardous waste are held during the normal course of
				  transportation.
"Transport" or "transportation" means the movement of wastes
				  by air, rail, highway, or water.
"Treatment" means any method, technique, or process,
				  including neutralization, designed to change the physical, chemical or
				  biological character or composition of any hazardous or solid waste, so as to
				  neutralize such waste, or so as to recover energy or material resources from
				  the waste, or so as to render such waste safer for transport, amenable for
				  recovery, amenable for storage, or reduced in volume, or for hazardous wastes,
				  so as to render such waste non-hazardous.
"TSCA" means the Toxic Substances Control Act of 1976,
				  15 U.S.C.
				  2601, et seq, as amended.
"Universal waste" means any of the following hazardous wastes
				  that are subject to the universal waste requirements of subchapter 9:
(a) Batteries as described in
				§7-902;
(b) Pesticides as
				described in §7-903;
(c)
				Thermostats as described in §7-904;
(d) PCB-containing fluorescent light ballasts
				as described in §7-905;
(e)
				Lamps as described in §7-906;
(f) Mercury-containing devices as described
				in §7-907;
(g) Cathode ray
				tubes (CRTs) as described in §7-908.
(h) Postconsumer paint as described in
				§7-909; and
(i) Aerosol cans
				as described in §7-910.
"Unplanned episodic event" means an episodic event that the
				  generator did not plan or reasonably did not expect to occur, including
				  production process upsets, product recalls, accidental spills, or "acts of
				  nature," such as tornado, hurricane, or flood.
"Used" or "reused" means that a hazardous waste is
				  either:
(a) Employed as an ingredient
				(including use as an intermediate) in an industrial process to make a product
				(for example, distillation bottoms from one process used as feedstock in
				another process). However, a hazardous waste will not satisfy this condition if
				distinct components of the waste are recovered as separate end products (as
				when metals are recovered from metalcontaining secondary materials);
				or
(b) Employed in a particular
				function or application as an effective substitute for a commercial product
				(for example, spent pickle liquor used as phosphorous precipitant and sludge
				conditioner in wastewater treatment).
"Used oil" means any oil that has been refined from crude
				  oil, or any synthetic oil, that has been used and as a result of such use is
				  contaminated by physical or chemical impurities. Used oil does not include
				  materials refined from crude oil that are fuels (e.g., gasoline, jet fuel and
				  diesel fuel), or materials refined from crude oil that are used as cleaning
				  agents or solvents (e.g., naphtha or mineral spirits); these materials are
				  subject to regulation under subchapters 1 through 7, as applicable.
"User of the electronic manifest system" means a hazardous
				  waste generator; a hazardous waste transporter; an owner or operator of a
				  hazardous waste treatment, storage, recycling, or disposal facility; or any
				  other person that:
(a) Is required to
				use a manifest to comply with:
(1) Any federal
				or state requirement to track the shipment, transportation, and receipt of
				hazardous waste or other waste material that is shipped from the site of
				generation to an off-site designated facility for treatment, storage,
				recycling, or disposal; or
(2) Any
				federal or state requirement to track the shipment, transportation, and receipt
				of rejected wastes or regulated container residues that are shipped from a
				designated facility to an alternative facility, or returned to the generator;
				and
(b) Elects to use the
				system to obtain, complete and transmit an electronic manifest format supplied
				by the EPA electronic manifest system; or
(c) Elects to use the paper manifest form and
				submits to the system for data processing purposes a paper copy of the manifest
				(or data from such a paper copy), in accordance with §7-704(c)(5). These
				paper copies are submitted for data exchange purposes only and are not the
				official copies of record for legal purposes.
Vermont Groundwater Protection Rule and Strategy or GWPRS
				  means chapter 12 of the Vermont Environmental Protection Rules, effective July
				  6, 2019, as amended.
"Very small quantity generator" means a generator who
				  generates less than or equal to the following amounts in a calendar
				  month:
(a) 100 kilograms (220 lbs) of
				non-acute hazardous waste; and
(b)
				1 kilogram (2.2 lbs) of acute hazardous waste listed in §7-210 or
				§7-215; and
(c) 100 kilograms
				(220 lbs) of any residue or contaminated soil, water, or other debris resulting
				from the cleanup of a spill, into or on any land or water, of any acute
				hazardous waste listed in §7-210 or §7-215.
"Waste" means a material that is discarded or is being
				  accumulated, stored, or physically, chemically or biologically treated prior to
				  being discarded or has served its original intended use and is normally
				  discarded or is a manufacturing or mining by-product and is normally
				  discarded.
"Wastewater evaporation unit" means a tank or tank system
				  that:
(a) Heats wastewater to
				intentionally evaporate water to reduce the volume of the wastewater;
(b) Receives and treats or stores an influent
				wastewater that is a hazardous waste as described in §7-202(a), or that
				generates and accumulates a wastewater treatment sludge that is a hazardous
				waste as described in §7-202(a), or treats or stores a wastewater
				treatment sludge which is a hazardous waste as described in §7-202(a);
				and
(c) Is not used to dispose of
				hazardous waste.
Wastewater evaporation unit does not mean a sludge
				  dryer.
"Wastewater treatment unit" means a device which:
(a) Is part of a wastewater treatment
				facility that is subject to regulation under either §§
											402
				or 307(b) of the Clean Water Act;
(b) Receives and treats or stores an influent
				wastewater that is a hazardous waste as described in §7-202(a), or that
				generates and accumulates a wastewater treatment sludge that is a hazardous
				waste as described in §7-202(a), or treats or stores a wastewater
				treatment sludge which is a hazardous waste as described in
				§7-202(a);
(c) Meets the
				definition of tank or tank system; and
(d) Is not a wastewater evaporation unit.
"Wipe" means a woven or non-woven shop towel, rag, pad, or
				  swab made of wood pulp, fabric, cotton, polyester blends, or other
				  material.
Section
				7-104 Notification Requirements.
(a) Except for persons who have been issued a
				temporary identification number pursuant to subsection (d) of this section, any
				person who generates or transports hazardous waste or who owns or operates a
				transfer facility or a facility for the treatment, storage, use, disposal, or
				recycling of hazardous waste shall notify the Secretary of such activity. In
				addition, persons managing waste under the provisions of the used oil
				management standards of subchapter 8, the universal waste management standards
				of subchapter 9, or the pharmaceutical waste management standards of subchapter
				10, shall notify the Secretary of such activity as required under those
				subchapters. Notification shall be made by accurately and completely filling
				out the Hazardous Waste Handler Site Identification Form (EPA Form 8700-12) in
				accordance with the form's instructions.
(b) Notification is required upon transferal
				of ownership of an entity that was required to notify the Secretary under
				subsection (a) of this section.
(c)
				Persons subject to the requirements of this section shall maintain an
				up-to-date Hazardous Waste Handler Site Identification Form (EPA Form 8700-12)
				filed with the Secretary.
(d) The
				Secretary may issue a temporary identification number to persons who have
				generated hazardous waste only from an episodic event and do not otherwise
				generate hazardous waste.
Section
				7-105 Emergency and Corrective Actions.
(a) Emergency actions
In the event of a release of a hazardous material (including
				  discharges of hazardous waste), the person in control of such material
				  shall:
(1) Take all appropriate
				immediate actions to protect human health and the environment including, but
				not limited to, emergency containment measures and notification as described
				below; and
(2) Take any further
				clean-up actions as may be required and approved by federal, state, or local
				officials, or corrective actions as specified under subsection (f) of this
				section so that the released material and related contaminated materials no
				longer present a hazard to human health or the environment.
(b) Immediate reporting. Pursuant
				to
				10
				V.S.A. §
												6617, any person who has
				knowledge of an actual or suspected release of hazardous material and who may
				be subject to liability for a release as detailed under
				10 V.S.A. §
												6615 shall immediately report any release
				that:
(1) Exceeds 2 gallons;
(2) Is less than or equal to 2 gallons and
				poses a potential or actual threat to human health or the
				environment;
(3) Equals or exceeds
				its corresponding reportable quantity under CERCLA as specified under
				40 CFR §
													302.4; or
(4) Is of non-aqueous phase liquid (NAPL)
				petroleum, or a material detected in environmental media in an amount that
				exceeds an environmental media standard, pursuant to the criteria specified
				under §§35-102(b)(4) and (5) of the Vermont Investigation and
				Remediation of Contaminated Properties Rule, as amended.
Note: Reporting under subsection (b) of this section shall be
				  directed as follows:
-- at (802) 828-1138.
-- At all other times including state holidays to the
				  Department of Public Safety, Division of Emergency Management at (800)
				  6415005.
Note: Under the Federal Water Pollution Control Act, certain
				  spills of "oil" and/or "hazardous substances" are prohibited and must be
				  reported pursuant to the requirements of 40 CFR Part 110 / Discharge of Oil.
				  Certain spills of hazardous substances must also be reported pursuant to
				  CERCLA. In both cases, the National Response Center must be notified at (800)
				  424-8802. Finally, in addition to federal and state spill reporting. EPCRA
				  requires that spills are also reported to local authorities.
(c) Written follow-up report. If
				requested by the Secretary, a written report shall be submitted to the
				Secretary within ten (10) days following any release subject to subsection (b)
				of this section. The report shall be sent to: Vermont Department of
				Environmental Conservation, Waste Management & Prevention Division, 1
				National Life Drive - Davis 1, Montpelier, VT 05620-3704.
(d) Releases during transportation.
(1) If a release occurs during
				transportation, the transporter shall:
(A)
				Report release to the Secretary in accordance with subsection (b) of this
				section;
(B) Notify the National
				Response Center at (800) 424-8802 or (202) 426-2675, if required by
				49 CFR
				§
														171.15; and
(C) Report in writing to the Director, Office
				of Hazardous Materials Regulations, Materials Transportation Bureau, Department
				of Transportation, Washington, D.C. 20590, if required by
				49 CFR §
														171.16; and
(2) A water (bulk shipment) transporter who
				has discharged hazardous wastes must give the same notice as required by
				33 CFR §
													153.203 for oil and hazardous
				substances.
(e)
				Management of wastes, clean-up debris and residues.
(1) If a release occurs and the Secretary
				determines that immediate removal of waste material is necessary to protect
				human health or the environment, the Secretary may authorize its removal by
				unpermitted transporters without the preparation of a manifest. Such hazardous
				waste may be transported to a site authorized by the Secretary under the
				emergency certification provisions of §7-503 to temporarily accept
				hazardous waste generated during an emergency clean-up of a release.
(2) In the case of an explosives or munitions
				emergency response, if a Federal, state, Tribal or local official acting within
				the scope of his or her official responsibilities, or an explosives or
				munitions emergency response specialist, determines that immediate removal of
				the material or waste is necessary to protect human health or the environment,
				that official or specialist may authorize the removal of the material or waste
				by transporters who do not have EPA identification numbers or hold Vermont
				hazardous waste transportation permits and without the preparation of a
				manifest. In the case of emergencies involving military munitions, the
				responding military emergency response specialist's organizational unit must
				retain records for three years identifying the dates of the response, the
				responsible persons responding, the type and description of material addressed,
				and its disposition.
(3) All
				clean-up debris and residues that are hazardous waste shall be stored in
				leak-proof containers that are covered so as to prevent contact of the waste
				with precipitation or run-on from precipitation.
(4) All clean-up debris and residues that are
				hazardous waste shall be sent to:
(A) A
				designated facility;
(B) A person
				authorized by the Secretary to use such waste if the waste has been delisted
				pursuant to §7-218;
(C) Some
				other location specified and authorized by the Secretary to receive clean-up
				debris and residues if the waste has been delisted pursuant to §7-218;
				or
(D) For Vermont-listed hazardous
				waste, in addition to the options provided under subsections (4)(A) through (C)
				of this section, to a facility, that is not a designated facility, located in a
				state other than Vermont provided the facility can receive such waste under
				applicable state and local laws, regulations and ordinances.
(f) Corrective action
(1) In addition to any emergency response
				required pursuant to subsection (a) of this section, the Secretary may require
				that the person or persons responsible pursuant to
				10 V.S.A. §
													6615 take all necessary actions to
				investigate and remediate the release or discharge in accordance with 10 V.S.A.
				chapter 159 and the Vermont Investigation and Remediation of Contaminated
				Properties Rule Additionally, the Secretary may require that the person or
				persons responsible for a release or discharge comply with the requirements of
				40 CFR Part 264, Subpart F and §12-607. (Corrective Actions) of the
				Vermont Groundwater Protection Rule and Strategy.
(2) A used or fired military munition is a
				waste and is subject to corrective action authorities pursuant to
				10 V.S.A. §
													6615, and subsection (f)(1) of this section
				if the munition lands off-range and is not promptly rendered safe or retrieved.
				Any imminent and substantial threats associated with any remaining material
				must be addressed. If remedial action is infeasible, the operator of the range
				must maintain a record of the event for as long as any threat remains. The
				record must include the type of munition and its location (to the extent the
				location is known).
(g)
				Compliance points. In the event of a release, compliance points for regulated
				activities shall be established pursuant to the Vermont Groundwater Protection
				Rule and Strategy.
Section
				7-106 Land Disposal Restrictions.
(a) Certain hazardous wastes shall not be
				disposed of in or on the land. 40 CFR Part 268, which is hereby incorporated by
				reference, except for
				40 CFR
				§§
												268.5,
				268.6,
				and
				268.42(b),
				identifies those wastes which shall not be land disposed and describes the
				limited circumstances under which an otherwise prohibited waste may continue to
				be land disposed. The authority for implementing the CFR sections not
				incorporated by reference remains with the EPA.
(b) In addition to the prohibitions of 40 CFR
				Part 268, the Secretary may restrict the land disposal of any hazardous waste
				in the state of Vermont which:
(1) May
				present an undue risk to human health or the environment, immediately or over a
				period of time;
(2) Are prohibited
				under Subchapter 4 of the Vermont Groundwater Protection Rule and Strategy of
				chapter 12 of the Vermont Environmental Protection Rules, as amended;
				or
(3) May adversely affect public
				trust uses of groundwater as defined in Subchapter 3 of the Groundwater
				Protection Rule and Strategy (Chapter 12 of the Vermont Environmental
				Protection Rules), as amended.
(c) Dilution of hazardous waste subject to
				the land disposal restrictions of 40 CFR Part 268 is prohibited pursuant to
				40 CFR §
												268.3.
Section 7-107 Groundwater Protection.
(a) Compliance; findings.
(1) Whereas, the Vermont Groundwater
				Protection Rule and Strategy (GWPRS) requires that these regulations include
				certain requirements, as necessary, to ensure that activities regulated by
				these regulations comply with requirements of the GWPRS;
(2) Whereas,
				10 V.S.A. §
													6616 and §7-302(c) of these regulations
				prohibit the discharge or release of a hazardous waste to
				groundwater;
(3) Whereas, these
				regulations ensure that activities conducted in compliance with these
				regulations will not result in a discharge or withdrawal of
				groundwater;
(4) Whereas, any
				person who violates these regulations and discharges a hazardous waste into
				groundwater is required to immediately report that discharge and investigate
				and remediate the discharge pursuant to these regulations and the Vermont
				Investigation and Remediation of Contaminated Properties Rule, as
				amended;
(5) Therefore, compliance
				with these regulations will not result in an exceedance of groundwater
				enforcement standards at points of compliance or otherwise adversely affect
				public trust uses of groundwater in the state.
(6) Notwithstanding the provisions of this
				subsection, the Secretary may require any person subject to these regulations
				to demonstrate compliance with the GWPRS.
(b) Management of groundwater.
				Notwithstanding any other provisions of these regulations, activities
				designated as high potential risk activities and moderate potential risk
				activities by the GWPRS shall be managed in accordance with Subchapter 4 of the
				GWPRS.
Section 7-108
				Signatories to Certification Applications and Reports.
(a) Certification applications and
				information required by subsection (b) of this section shall be signed as
				follows:
(1) For a corporation, by a
				responsible corporate officer. A responsible corporate officer means:
(A) president, Secretary, treasurer or
				vice-president of the corporation in charge of a principal business function,
				or any other person who performs similar policy or decision-making functions
				for the corporation; or
(B) The
				manager of one or more manufacturing, production, or operating facilities
				employing more than 250 persons or having a gross annual sales or expenditures
				exceeding $ 25 million (in second-quarter 1980 dollars), if authority to sign
				documents has been assigned or delegated to the manager in accordance with
				corporate procedures.
(2)
				For a partnership or sole proprietorship, by a general partner or the
				proprietor, respectively; or
(3)
				For a municipality, state, federal, or other public agency, by either a
				principal executive officer or ranking elected official. A principal executive
				officer of a federal agency includes:
(A) The
				chief executive officer of the agency; or
(B) A senior executive officer having
				responsibility for the overall operations of a principal geographic unit of the
				agency.
(b) All
				reports required by certifications, and at the discretion of the Secretary
				other information requested or required by the Secretary, shall be signed by a
				person described in subsection (a) of this section or by a duly authorized
				representative of that person. A person is a duly authorized representative
				only if:
(1) The authorization is made in
				writing by a person described in subsection (a) of this section;
(2) The authorization specifies either an
				individual or a position having responsibility for overall operation of the
				regulated facility or activity such as the position of plant manager, operator
				of a well or well field, superintendent, or position of equivalent
				responsibility. (A duly authorized representative may thus be either a named
				individual or any individual occupying a named position); and
(3) The written authorization is submitted to
				the Secretary.
(c) If an
				authorization described in subsection (b) of this section is no longer accurate
				because a different individual or position has responsibility for the overall
				operation of the facility, a new authorization satisfying the requirement of
				subsection (b) of this section must be submitted to the Secretary prior to or
				together with any documents signed by an authorized representative.
(d) Certification. Any person signing a
				document pursuant to either subsections (a) or (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 in accordance with
				  a system designed to assure that qualified personnel properly gather and
				  evaluate the information submitted. Based on my inquiry of the person or
				  persons who manage the system, 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.
(e) The certification described in subsection
				(d) of this section need not appear on a manifest completed in accordance with
				subchapter 7 of these regulations.
Section 7-109 Incorporations by Reference.
(a) When reference is made to CFR titles,
				their parts, subparts, or sections, the reference is to titles of the Code of
				Federal Regulations as they existed on July 1, 2020, except that references to
				the ASTM test methods under §7-205(a)(1), are to the test methods in
				SW-846 Test Methods 1010B or 1020C identified in the "Modernizing Ignitable
				Liquids Determinations" amendments made on July 7, 2020, at 85 FR 40594 through
				40608.
(b) The following federal
				regulations are incorporated by reference:
(1)
												40
				CFR §§
													266.100 through
				266.107
				and
				266.109
				through
				266.112
				for hazardous waste that is burned or processed in a boiler or industrial
				furnace (as defined in §7-103) . Any person in control of hazardous waste
				subject to this subsection also shall comply with all applicable provisions of
				the Vermont Air Pollution Control Regulations. The Secretary may, on a
				case-by-case basis, grant a variance from classification as a boiler. The
				standards and criteria used for this variance and the procedures followed shall
				be no less stringent than those in
				40 CFR §§
													260.32 and
				260.33.
(2) The Mixed Waste Rule of
				40 CFR §§
													266.210 through
				266.360
				(Subpart N) except:
(A) When the terms "we"
				or "us" are used within incorporated material, those terms mean the
				Secretary.
(B) When incorporated
				materials reference "261.3" the reference shall mean subchapter 2 of these
				regulations.
(C) When incorporated
				materials reference "parts 260 - 270" as a phrase, it means subchapters 1
				through 7 of these regulations.
(3) The
				40
				CFR §
													262.21 requirements for manifest
				tracking numbers, manifest printing, and obtaining manifests.
(4) The Alternative Requirements for
				Hazardous Waste Determination and Accumulation of Unwanted Material for
				Laboratories Owned by Eligible Academic Entities of
				40 CFR §§
													262.200 through
				262.216
				(Subpart K) except:
(A) When the term "EPA
				Regional Administrator" is used within incorporated material, that term means
				the Secretary.
(B) The Laboratory
				Management Plan, and all substantive amendments to the procedures required by
				40 CFR §
														262.214(a) and subsection
				(C) of this section, shall be reviewed and approved by the Secretary prior to
				being incorporated into the plan.
Note: If there is a question if a change to a Laboratory
				  Management Plan is substantive, a representative of the Eligible
				  Academic
Entity should contact the Secretary for clarification.
(C) The Laboratory Management Plan
				shall, in addition to the elements required by
				40 CFR §
														262.214(a), include
				procedures for:
(i) Inspecting at a specified
				frequency all laboratories covered by the requirements of the Laboratory
				Management Plan to assess conformance with the requirements of the Laboratory
				Management Plan. Results of such inspections shall be retained for at least
				three years or, if inspections are scheduled more than three years apart, until
				the results of the next scheduled lab inspection have been documented;
				and
(ii) The identification of
				Laboratory Management Plan non-compliance, and the assignment of
				responsibility, timelines and corrective actions to prevent their
				reoccurrence.
(D) Each
				academic entity shall maintain up-to-date records that identify those
				laboratories covered by the requirements of the Laboratory Management Plan.
(5) The
				40
				CFR §§
													262.80 through
				262.89 (Subpart H)
				requirements for Transboundary Movements of Hazardous Waste for Recovery and
				Disposal.
Section
				7-110 Severability.
The provisions of these regulations are severable. If any
				  provision of these regulations is invalid or if any application of these
				  regulations 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.
Section
				7-111 Variances.
A person may apply to the Secretary for, and the Secretary
				  may grant, a variance from these regulations in accordance with
				  10 V.S.A. §
												6613.