The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 164B: Collection and Management of Household Hazardous Products

• § 7181. Definitions

  As used in this chapter:

  (1) “Agency” means the Agency of Natural Resources.

  (2) “Consumer product” means any product that is regularly used or purchased to be used for personal, family, or household purposes.

  (3) “Covered entity” means any person who presents to a collection facility or event that is included in an approved collection plan any number of covered household hazardous products, with the exception of large quantity generators or small quantity generators as those terms are defined in the Agency of Natural Resources’ Vermont Hazardous Waste Regulations.

  (4)(A) “Covered household hazardous product” means a consumer product offered for retail sale that is contained in the receptacle in which the product is offered for retail sale, if the product has any of the following characteristics:

  (i) the product or a component of the product is a hazardous waste under subchapter 2 of the Vermont Hazardous Waste Management Regulations, regardless of the status of the generator of the hazardous waste; or

  (ii) the product is a gas cylinder.

  (B) “Covered household hazardous product” does not mean any of the following:

  (i) a primary or rechargeable battery;

  (ii) a lamp that contains mercury;

  (iii) a thermostat that contains mercury;

  (iv) architectural paint as that term is defined in section 6672 of this title;

  (v) a covered electronic device as that term is defined in section 7551 of this title;

  (vi) a pharmaceutical drug;

  (vii) citronella candles;

  (viii) flea and tick collars;

  (ix) pesticides required to be registered with the Agency of Agriculture, Food and Markets;

  (x) products that are intended to be rubbed, poured, sprinkled on, sprayed on, introduced into, or otherwise applied to the human body or any part of a human for cleansing, moisturizing, sun protection, beautifying, promoting attractiveness, or altering appearance, unless designated as a hazardous material or a hazardous waste by the Secretary of Natural Resources; or

  (xi) gas cylinders determined by the Secretary by rule not to pose an unacceptable risk to human health, solid waste facility operation, or the environment, and which are not hazardous waste.

  (5)(A) “Gas cylinder” means:

  (i) any nonrefillable cylinder and its contents supplied to a consumer for personal, family, or household use and shall include those containing flammable pressurized gas, spray foam insulating products, single-use and rechargeable handheld fire extinguishers, helium, or carbon dioxide, of any size not exceeding any cylinder with a water capacity of 50 pounds, including seamless cylinders and tubes, welded cylinders, and insulated cylinders intended to contain helium, carbon dioxide, or flammable materials such as propane, butane, or other flammable compressed gasses; or

  (ii) refillable cylinders containing propane for personal, family, or household use not exceeding a water capacity of one pound.

  (B) “Gas cylinder” does not include any medical or industrial-grade cylinder.

  (6)(A) “Manufacturer” means a person who:

  (i) manufactures or manufactured a covered household hazardous product under its own brand or label for sale in the State;

  (ii) sells in the State under its own brand or label a covered household hazardous product produced by another supplier;

  (iii) owns a brand that it licenses or licensed to another person for use on a covered household hazardous product sold in the State;

  (iv) imports into the United States for sale in the State a covered household hazardous product manufactured by a person without a presence in the United States;

  (v) manufactures a covered household hazardous product for sale in the State without affixing a brand name; or

  (vi) assumes the responsibilities, obligations, and liabilities of a manufacturer as defined under subdivisions (i) through (v) of this subdivision (6)(A), provided that the Secretary may enforce the requirements of this chapter against a manufacturer defined under subdivisions (i) through (v) of this subdivision (6)(A) if a person who assumes the manufacturer’s responsibilities fails to comply with the requirements of this chapter.

  (B) “Manufacturer” does not mean a person set forth under subdivisions (A)(i)–(vi) of this subdivision (6) if the person manufacturers, sells, licenses, or imports less than $5,000.00 of covered household hazardous products in the United States in a program year and is registered with the Secretary.

  (7) “Orphan covered product” means a covered household hazardous product for which no manufacturer is participating in a stewardship organization pursuant to section 7182 of this title.

  (8) “Program year” means the period from January 1 through December 31.

  (9) “Retailer” means a person who sells a covered household hazardous product in the State through any means, including a sales outlet, a catalogue, the telephone, the Internet, or any electronic means.

  (10) “Secretary” means the Secretary of Natural Resources.

  (11) “Sell” or “sale” means any transfer for consideration of title or of the right to use by lease or sales contract a covered household hazardous product to a person in the State of Vermont. “Sell” or “sale” does not include the sale, resale, lease, or transfer of a used covered household hazardous product or a manufacturer’s wholesale transaction with a distributor or a retailer.

  (12) “Stewardship organization” means a legal entity such as an organization, association, or entity that has developed a system, method, or other mechanism that assumes the responsibilities, obligations, and liabilities under this chapter of multiple manufacturers of covered household hazardous products and that is:

  (A) exempt from taxation under 26 U.S.C. §501(c)(3) of the Internal Revenue Code; and

  (B) created by a group of producers to implement a collection plan in accordance with section 7183 of this title. (Added 2023, No. 58, § 2, eff. June 12, 2023.)

• § 7182. Sale of covered household hazardous products; stewardship organization registration

  (a) Sale prohibited. Beginning six months after a final decision on the adequacy of a collection plan by the Secretary, a manufacturer of a covered household hazardous product shall not sell, offer for sale, or deliver to a retailer for subsequent sale a covered household hazardous product unless all the following have been met:

  (1) The manufacturer is participating in a stewardship organization implementing an approved collection plan.

  (2) The name of the manufacturer, the manufacturer’s brand, and the name of the covered household hazardous product are submitted to the Agency of Natural Resources by a stewardship organization and listed on the stewardship organization’s website as covered by an approved collection plan.

  (3) The stewardship organization in which the manufacturer participates has submitted an annual report consistent with the requirements of section 7185 of this title.

  (4) The stewardship organization in which the manufacturer participates has conducted a plan audit consistent with the requirements of subsection 7185(b) of this title.

  (b) Stewardship organization registration requirements.

  (1) On or before January 1, 2025 and annually thereafter, a stewardship organization shall file a registration form with the Secretary. The Secretary shall provide the registration form to the stewardship organization. The registration form shall include:

  (A) a list of the manufacturers participating in the stewardship organization;

  (B) a list of the brands of each manufacturer participating in the stewardship organization;

  (C) a list of the covered household hazardous products of each manufacturer participating in the stewardship organization;

  (D) the name, address, and contact information of a person responsible for ensuring compliance with this chapter;

  (E) a description of how the stewardship organization meets the requirements of subsection 7184(b) of this title, including any reasonable requirements for participation in the stewardship organization; and

  (F) the name, address, and contact information of a person for a nonmember manufacturer to contact regarding how to participate in the stewardship organization to satisfy the requirements of this chapter.

  (2) A renewal of a registration without changes may be accomplished through notifying the Agency of Natural Resources on a form provided by the Agency. (Added 2023, No. 58, § 2, eff. June 12, 2023.)

• § 7183. Collection plans

  (a) Collection plan required. Prior to July 1, 2025, any stewardship organization registered with the Secretary as representing manufacturers of covered household hazardous products shall coordinate and submit to the Secretary for review one collection plan for all manufacturers.

  (b) Collection plan; minimum requirements. Each collection plan shall include, at a minimum, all of the following requirements:

  (1) List of participants. A list of the manufacturers, brands, and products participating in the collection plan and a methodology for adding and removing manufacturers and notifying the Agency of new participants.

  (2) Free statewide collection of covered household hazardous products. The collection program shall provide for free, convenient, and accessible statewide opportunities for the collection from covered entities of covered household hazardous products, including orphan covered products. A stewardship organization shall accept all covered household hazardous products collected from a covered entity and shall not refuse the collection of a covered household hazardous product, including orphan covered household products, based on the brand or manufacturer of the covered household hazardous product unless specifically exempt from this requirement. The collection program shall also provide for the payment of collection, processing, and end-of-life management of the covered household hazardous products. Collection costs include facility costs, equipment costs, labor, supplies, maintenance, events costs, and event contractor costs, including collection event set-up fees, environmental service fees, insurance fees, and shipping containers and materials.

  (3) Convenient collection location. The stewardship organization shall develop a collection program that allows all municipal household hazardous waste collection programs to opt to be a part of the collection plan, including collection events and facilities offered by solid waste planning entities. The plan shall make efforts to site points of collection equitably across all regions of the State to allow for convenient and reasonable access of all Vermonters to collection facilities or collection events.

  (4) Public education and outreach. The collection plan shall include an education and outreach program that shall include a website and may include media advertising, retail displays, articles and publications, and other public educational efforts. Outreach and education shall be suitable for the State’s diverse ethnic populations, through translated and culturally appropriate materials, including in-language and targeted outreach. Public education and outreach should include content to increase meaningful participation by environmental justice focus populations as required by 3 V.S.A. chapter 72. During the first year of program implementation and two years after adoption of the collection plan, each stewardship organization shall carry out a survey of public awareness regarding the requirements of the program established under this chapter that can identify communities that have disparities in awareness and need more outreach. Each stewardship organization shall share the results of the public awareness surveys with the Secretary. If multiple stewardship organizations are implementing plans approved by the Secretary, the stewardship organizations shall coordinate in carrying out their education and outreach responsibilities under this subdivision and shall include in their annual reports to the Secretary a summary of their coordinated education and outreach efforts. The education and outreach program and website shall notify the public of the following:

  (A) that there is a free collection program for covered household hazardous products;

  (B) the location and hours of operation of collection points and how a covered entity can access this collection program;

  (C) the special handling considerations associated with covered household hazardous products; and

  (D) source reduction information for consumers to reduce leftover covered household products.

  (5) Compliance with appropriate environmental standards. In implementing a collection plan, a stewardship organization shall comply with all applicable laws related to the collection, transportation, and disposal of hazardous waste. A stewardship organization shall comply with any special handling or disposal standards established by the Secretary for covered household hazardous products or for the collection plan of the manufacturer.

  (6) Method of disposition. The collection plan shall describe how covered household hazardous products will be managed in the most environmentally and economically sound manner, including following the waste-management hierarchy. The management of covered household hazardous products under the collection plan shall use management activities in the following priority order: source reduction, reuse, recycling, energy recovery, and disposal. Collected covered household hazardous products shall be recycled when technically and economically feasible.

  (7) Performance goals. A collection plan shall include:

  (A) A performance goal for covered household hazardous products determined by the number of total participants at collection events and facilities listed in the collection plan during a program year divided by the total number of households. The number of households shall include seasonal households. The calculation methodology for the number of households shall be included in the plan.

  (B) At a minimum, the collection performance goal for the first approved plan shall be an annual participation rate of five percent of the households for every collection program based on the number of households the collection program serves. After the initial approved program plan, the stewardship organization shall propose performance goals for subsequent program plans. The Secretary shall approve the performance goals for the plan at least every five years. The stewardship organization shall use the results of the most recent waste composition study required under 6604 of this title and other relevant factors to propose the performance goals of the collection plan. If a stewardship organization does not meet its performance goals, the Secretary may require the stewardship organization to revise the collection plan to provide for one or more of the following: additional public education and outreach, additional collection events, or additional hours of operation for collection sites. A stewardship organization is not authorized to reduce or cease collection, education and outreach, or other activities implemented under an approved plan on the basis of achievement of program performance goals.

  (8) Collection plan funding. The collection plan shall describe how the stewardship organization will fund the implementation of the collection plan and collection activities under the plan, including the costs for education and outreach, collection, processing, and end-of-life management of the covered household hazardous product. Collection costs include facility costs, equipment costs, labor, supplies, maintenance, events costs, and event contractor costs, including collection event set-up fees, environmental service fees, insurance fees, and shipping containers and materials. The collection plan shall include how municipalities will be compensated for all costs attributed to collection of covered household hazardous products. The Secretary shall resolve disputes relating to compensation.

  (c) Term of collection plan. A collection plan approved by the Secretary under section 7187 of this title shall have a term not to exceed five years, provided that the stewardship organization remains in compliance with the requirements of this chapter and the terms of the approved collection plan.

  (d) Collection plan implementation. Stewardship organizations shall implement the collection plan on or before six months after the date of a final decision by the Secretary on the adequacy of the collection plan. (Added 2023, No. 58, § 2, eff. June 12, 2023.)

• § 7184. Stewardship organizations

  (a) Participation in a stewardship organization. A manufacturer shall meet the requirements of this chapter by participating in a stewardship organization that undertakes the responsibilities under sections 7182, 7183, and 7185 of this title.

  (b) Qualifications for a stewardship organization. To qualify as a stewardship organization under this chapter, an organization shall:

  (1) commit to assume the responsibilities, obligations, and liabilities of all manufacturers participating in the stewardship organization;

  (2) not create unreasonable barriers for participation in the stewardship organization; and

  (3) maintain a public website that lists all manufacturers and manufacturers’ brands and products covered by the stewardship organization’s approved collection plan. (Added 2023, No. 58, § 2, eff. June 12, 2023.)

• § 7185. Annual report; collection plan audit

  (a) Annual report. Not later than 18 months after the date a collection plan has been implemented, and annually thereafter, a stewardship organization of manufacturers of covered household hazardous products shall submit a report to the Secretary that contains all of the following:

  (1) A description of the collection program.

  (2) The volume or weight by hazard category, as defined by the Secretary, of covered household hazardous products collected, the volume or weight of covered household hazardous products collected at each collection facility or collection event, the disposition of the collected covered household hazardous products, and the number of covered entities participating at each collection facility or collection event from which the covered household hazardous products were collected.

  (3) The name and address of all the recycling and disposal facilities where the covered household hazardous products are collected and delivered and deposited.

  (4) The weight or volume by hazard category of covered household hazardous products sold in the State in the previous calendar year by a manufacturer participating in a stewardship organization’s collection plan. Sales data provided under this section shall be exempt from public inspection and copying under the Public Records Act and shall be kept confidential. Confidential information shall be redacted from any final public report. If manufacturers can demonstrate that they do not have Vermont specific data, the stewardship organization may use national data prorated to Vermont based upon Vermont’s population.

  (5) A comparison of the collection plan’s performance goals, including participation rate, compared to the actual performance and how the program will be improved if the performance goals are not met.

  (6) A description of the methods used to reduce, reuse, collect, transport, recycle, and process the covered household hazardous products.

  (7) The cost of implementing the collection plan, including the costs of administration, collection, transportation, recycling, disposal, and education and outreach.

  (8) A description and evaluation of the success of the education and outreach materials. If multiple stewardship organizations are implementing the collection plan approved by the Secretary, the stewardship organizations shall include a summary of their coordinated education and outreach efforts.

  (9) Recommendations for any changes to the program.

  (b) Collection plan audit. On or before September 1, 2030 and every five years thereafter, a stewardship organization of manufacturers of covered household hazardous products shall hire an independent third party to audit the collection plan and the plan’s operation. The auditor shall examine the effectiveness of the program in collecting and disposing of covered household hazardous products. The auditor shall examine the cost-effectiveness of the program and compare it to that of collection programs for covered household hazardous products in other jurisdictions. The auditor shall examine the effectiveness of the plan in satisfying the requirement of this chapter that all Vermonters have convenient and reasonable access to collection facilities or collection events. The auditor shall make recommendations to the Secretary on ways to increase the program’s efficacy and cost-effectiveness.

  (c) Public posting. A stewardship organization shall post a report or audit required under this section to the website of the stewardship organization. (Added 2023, No. 58, § 2, eff. June 12, 2023.)

• § 7186. Antitrust; conduct authorized

  (a) Activity authorized. A manufacturer, group of manufacturers, or stewardship organization implementing or participating in an approved collection plan under this chapter for the collection, transport, processing, and end-of-life management of covered household hazardous products is individually or jointly immune from liability for 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 stewardship organization’s chosen system for managing discarded covered household hazardous products.

  (b) Limitations on antitrust activity. Subsection (a) of this section shall not apply to an agreement among producers, groups of manufacturers, retailers, wholesalers, or stewardship organizations affecting the price of covered household hazardous products or any agreement restricting the geographic area in which or customers to whom covered household hazardous products shall be sold. (Added 2023, No. 58, § 2, eff. June 12, 2023.)

• § 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.)

• § 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.)

• § 7189. Rulemaking

  The Secretary of Natural Resources may adopt rules to implement the requirements of this chapter. (Added 2023, No. 58, § 2, eff. June 12, 2023.)