The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 159: Waste Management

• Subchapter 001: GENERAL PROVISIONS

• § 6601. Declaration of policy and purpose

  (a) The developed world continues to pollute the environment and add to the depletion of the world’s resources by burning and burying resources as waste. Furthermore, inefficient and improper methods of managing solid and hazardous waste result in scenic blights, hazards to the public health, cause pollution of air and water resources, increase the numbers of rodents and vectors of disease, have an adverse effect on land values, create public nuisances, and otherwise interfere with proper community life and development.

  (b) The overall problems of solid waste management have become a matter statewide in scope and in concern and necessitate State action through planning, financial, and technical assistance and regulation to reduce the amount of waste generated and to promote environmentally acceptable and economical means of waste management.

  (c) The generators of waste should pay disposal costs that reflect the real costs to society of waste management and disposal.

  (d) [Repealed.]

  (e) It is the purpose of this chapter that the State provide technical and financial leadership to municipalities for the siting of solid waste management facilities and the implementation of a program for the management and reduction of wastes that over the long term is sustainable, environmentally sound, and economically beneficial and that encourages innovation and individual responsibility. The Program should give priority to reducing the waste stream through recycling and through the reduction of nonbiodegradable and hazardous ingredients. (Added 1977, No. 106, § 1; amended 1987, No. 78, § 1.)

• § 6602. Definitions

  As used in this chapter:

  (1) “Secretary” means the Secretary of Natural Resources or his or her duly authorized representative.

  (2) “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; high carbon bulking agents used in composting; or solid or dissolved materials in industrial discharges that are point sources subject to permits under the Water Pollution Control Act, chapter 47 of this title.

  (3) “Generator” means any person, by site, whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation.

  (4) “Hazardous waste” means any waste or combination of wastes of a solid, liquid, contained gaseous, or semi-solid form, including those that are toxic, corrosive, ignitable, reactive, strong sensitizers, or that generate pressure through decomposition, heat, or other means, that 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 that 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 subsequently amended and codified in 42 U.S.C. § 2014, is specifically excluded from this definition.

  (5) “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.

  (6) “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.

  (7) “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.

  (8) “Transport” or “transportation” means the movement of wastes by air, rail, highway, or water.

  (9) “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 nonhazardous.

  (10) “Facility” means all contiguous land, structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of waste. A facility may consist of several treatment, storage, or disposal operational units.

  (11) “Sanitary landfill” means a land disposal site employing an engineered method of disposing of solid waste on land in a manner that minimizes environmental hazards by spreading the solid waste in thin layers, compacting the solid waste to the smallest practical volume, and applying and compacting cover material at the end of each operating day.

  (12) “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.

  (13) “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.

  (14) “Economic poison” means:

  (A) any substance produced, distributed, or used as a plant regulator, defoliant, or desiccant; and

  (B) any substance produced, distributed, or used for preventing, destroying, or repelling any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living human or other animals, which the Commissioner shall declare to be a pest.

  (15) [Repealed.]

  (16)(A) “Hazardous material” means all petroleum and toxic, corrosive, or other chemicals and related sludge included in any of the following:

  (i) any substance defined in section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980;

  (ii) petroleum, including crude oil or any fraction thereof;

  (iii) hazardous wastes, as determined under subdivision (4) of this section; or

  (iv) 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.

  (B) “Hazardous material” does not include herbicides and pesticides when applied consistent with good practice conducted in conformity with federal, State, and local laws, rules, and regulations and according to manufacturer’s instructions. Nothing in this subdivision shall affect the authority granted and the limitations imposed by section 6608a of this title.

  (17) “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. “Release” also means the intentional or unintentional action or omission resulting in the spilling, leaking, emission, or disposal of polychlorinated biphenyls (PCBs) from building materials in public schools and approved and recognized independent schools, as those terms are defined in 16 V.S.A. § 11, that were constructed or renovated before 1980.

  (18) “Administrative costs” mean those additional costs incurred by an applicant to directly manage the specific planning or implementation project approved in the assistance application.

  (19) “Implementation plan” means that plan that is adopted to be consistent with the State solid waste management plan. This plan must include all the elements required for consistency with the State plan and an applicable regional plan and shall be approved by the Secretary. This implementation plan is the basis for State certification of facilities under subsection 6605(c) of this title.

  (20) “Regional plan” means that plan that is prepared and adopted in accordance with the provisions of 24 V.S.A. § 4348.

  (21) “Municipal plan” means that plan that is prepared and adopted in accordance with the provisions of 24 V.S.A. § 4385.

  (22) [Repealed.]

  (23) “Secured lender” means a person who holds indicia of ownership in a facility, furnished by the owner or person in lawful possession, primarily to ensure the repayment of a financial obligation. Such indicia include interests in real or personal property that are held as security or collateral for repayment of a financial obligation, such as a mortgage, lien, security interest, assignment, pledge, surety bond, or guarantee, and include participation rights, held by a financial institution solely for legitimate commercial purposes, in making or servicing loans. The term “secured lender” includes a person who acquires indicia of ownership by assignment from another secured lender.

  (24) “Municipal solid waste” means combined household, commercial, and industrial waste materials generated in a given area.

  (25) “Compost” means a stable humus-like material produced by the controlled biological decomposition of organic matter through active management but shall not mean sewage, septage, or materials derived from sewage or septage.

  (26) “Household hazardous waste” means any waste from households that would be subject to regulation as hazardous wastes if it were not from households.

  (27) “Closed-loop recycling” means a system in which a product made from one type of material is reclaimed and reused in the production process or the manufacturing of a new or separate product.

  (28) “Commercial hauler” means any person that transports:

  (A) regulated quantities of hazardous waste; or

  (B) solid waste for compensation in a motor vehicle.

  (29) “Mandated recyclable” means the following source-separated materials: aluminum and steel cans, aluminum foil and aluminum pie plates, glass bottles and jars from foods and beverages, polyethylene terephthalate (PET) plastic bottles or jugs, high density polyethylene (HDPE) plastic bottles and jugs, corrugated cardboard, white and colored paper, newspaper, magazines, catalogues, paper mail and envelopes, boxboard, and paper bags.

  (30) “Leaf and yard residual” means source-separated, compostable untreated vegetative matter, including grass clippings, leaves, kraft paper bags, and brush, that is free from noncompostable materials. It does not include such materials as pre- and postconsumer food residuals, food processing residuals, or soiled paper.

  (31) “Food residual” means source-separated and uncontaminated material that is derived from processing or discarding of food and that is recyclable, in a manner consistent with section 6605k of this title. Food residual may include preconsumer and postconsumer food scraps. “Food residual” does not mean meat and meat-related products when the food residuals are composted by a resident on site.

  (32) “Source-separated” or “source separation” means the separation of compostable and recyclable materials from noncompostable, nonrecyclable materials at the point of generation.

  (33) “Wood waste” means trees, untreated wood, and other natural woody debris, including tree stumps, brush and limbs, root mats, and logs.

  (34) “Participation in management” means, for the purpose of subsection 6615(g) of this title, a secured lender’s or fiduciary’s actual participation in the management or operational affairs of a facility. It does not mean a secured lender’s or fiduciary’s mere capacity to influence, or unexercised right to control, facility operations. A secured lender or fiduciary shall be considered to have participated in management if the secured lender or fiduciary:

  (A) exercises decision-making control over environmental compliance related to the facility, such that the secured lender or fiduciary has undertaken responsibility for hazardous materials handling or disposal practices related to the facility; or

  (B) exercises control at a level comparable to that of a manager of the facility, such that the secured lender or fiduciary has assumed or manifested responsibility:

  (i) for the overall management of the facility encompassing day-to-day decision making with respect to environmental compliance; or

  (ii) over all or substantially all of the operational functions, as distinguished from financial or administrative functions, of the facility other than the function of environmental compliance.

  (35) “Regional development corporation” means a nonprofit corporation organized in this State whose principal purpose is to promote, organize, or accomplish economic development, including providing planning and resource development services to local communities, supporting existing industry, assisting the growth and development of new and existing small businesses, and attracting industry or commerce to a particular economic region of the State.

  (36) “Regional planning commission” means a planning commission created for a region established under 24 V.S.A. chapter 117, subchapter 3.

  (37) “Background concentration level” means the concentration level of PAHs, arsenic, or lead in soils, expressed in units of mass per mass, that is attributable to site contamination caused by atmospheric deposition or is naturally occurring and determined to be representative of statewide or regional concentrations through a scientifically valid means as determined by the Secretary.

  (38) “Commencement of construction” means the construction of the first improvement on the land or to any structure or facility located on the land. “Commencement of construction” shall not mean soil testing or other work necessary for assessment of the environmental conditions of the land and subsurface of the land.

  (39) “Development soils” means unconsolidated mineral and organic matter overlying bedrock that contains PAHs, arsenic, or lead in concentrations that:

  (A) exceed the relevant soil screening level for residential soil;

  (B) when managed in compliance with section 6604c, 6605, or 6605c of this title:

  (i) pose no greater risk than the Agency-established soil screening value for the intended reuse of the property; and

  (ii) pose no unreasonable risk to human health through a dermal, inhalation, or ingestion exposure pathway;

  (C) do not leach compounds at concentrations that exceed groundwater enforcement standards; and

  (D) do not result in an exceedance of Vermont groundwater enforcement standards.

  (40) “Development soils concentration level” means those levels of PAHs, arsenic, or lead expressed in units of mass per mass, contained in the development soils.

  (41) “Downtown development district” shall have the meaning stated in 24 V.S.A. § 2791(4).

  (42) “Growth center” shall have the meaning stated in 24 V.S.A. § 2793c.

  (43) “Neighborhood development area” shall have the meaning stated in 24 V.S.A. § 2793e.

  (44) “Origin site” means a location where development soils originate.

  (45) “PAHs” means polycyclic aromatic hydrocarbons.

  (46) “Receiving site” means a location where development soils are deposited.

  (47) “Receiving site concentration level” means those levels of PAHs, arsenic, or lead, expressed in units of mass per mass, that exist in soils at a receiving site.

  (48) “TIF district” means a Tax Increment Financing District created by a municipality pursuant to 24 V.S.A. § 1892.

  (49) “Village center” shall have the meaning stated in 24 V.S.A. § 2791(10). (Added 1977, No. 106, § 1; amended 1979, No. 195 (Adj. Sess.), § 3, eff. May 6, 1980; 1981, No. 102, § 2; 1983, No. 148 (Adj. Sess.), § 1; 1985, No. 70, § 3, eff. May 20, 1985; 1985, No. 231 (Adj. Sess.), § 3; 1987, No. 76, § 18; 1989, No. 30, § 1, eff. April 27, 1989; 1989, No. 281 (Adj. Sess.), § 1, eff. June 22, 1990; 1989, No. 282 (Adj. Sess.), § 9, eff. June 22, 1990; 1993, No. 29, § 2, eff. May 26, 1993; 2003, No. 115 (Adj. Sess.), § 60, eff. Jan. 31, 2005; 2005, No. 65, § 2; 2007, No. 130 (Adj. Sess.), § 9, eff. May 12, 2008; 2009, No. 41, § 1; 2009, No. 146 (Adj. Sess.), § F10; 2011, No. 148 (Adj. Sess.), § 1; 2013, No. 55, § 11; 2015, No. 52, § 2, eff. June 5, 2015; 2017, No. 55, §§ 3, 4, eff. June 2, 2017; 2017, No. 113 (Adj. Sess.), § 46; 2019, No. 131 (Adj. Sess.), § 24; 2021, No. 74, § E.709.3; 2021, No. 185 (Adj. Sess.), § E.709.1, eff. July 1, 2021; 2021, No. 170 (Adj. Sess.), § 6, eff. July 1, 2022; 2023, No. 6, § 81, eff. July 1, 2023.)

• § 6603. Secretary; powers

  In addition to any other powers conferred on him or her by law, the Secretary shall have the power to:

  (1) Adopt, amend, and repeal rules pursuant to 3 V.S.A. chapter 25 implementing the provisions of this chapter.

  (2) Issue compliance orders as may be necessary to effectuate the purposes of this chapter and enforce the same by all appropriate administrative and judicial proceedings.

  (3) Encourage local units of government to manage solid waste problems within their respective jurisdictions or by contract on a cooperative regional or interstate basis.

  (4) Provide technical assistance to municipalities.

  (5) Contract in the name of the State for the service of independent contractors under bond, or with an agency or department of the State, or a municipality, to perform services or to provide facilities necessary for the implementation of the State plan, including the transportation and disposition of solid waste.

  (6) Accept, receive, and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purpose of carrying out any of the functions of this chapter. This would include the ability to convey such grants or other funds to municipalities or other instruments of State or local government.

  (7) Prepare a report that proposes methods and programs for the collection and disposal of household quantities of hazardous waste. The report shall compare the advantages and disadvantages of alternate programs and their costs. The Secretary shall undertake a voluntary pilot project to determine the feasibility and effectiveness of such a program when in the Secretary’s opinion such can be undertaken without undue risk to the public health and welfare. Such pilot program may address one or more forms of hazardous waste.

  (8) Provide financial assistance to municipalities.

  (9) Manage the hazardous wastes generated, transported, treated, stored, or disposed in the State by administering a regulatory and management program that, at a minimum, meets the requirements of subtitle C of the Resource Conservation and Recovery Act of 1976 and amendments thereto, codified as 42 U.S.C. Chapter 82, subchapter 3, and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.

  (10) Require a facility permitted under section 6605 of this title or a transporter permitted under section 6607 of this title to explain its rate structure for different categories of waste to ensure that the rate structure is transparent to residential consumers. (Added 1977, No. 106, § 1; amended 1983, No. 148 (Adj. Sess.), § 2; 1989, No. 30, § 2, eff. April 27, 1989; 2011, No. 148 (Adj. Sess.), § 3.)

• § 6603a. Repealed. 1989, No. 30, § 3.

• § 6603b. Repealed. 1993, No. 59, § 24; No. 81, § 7(a), eff. Dec. 31, 1993.

• § 6603c. Implementation grants and loans for waste management

  (a)(1) The Secretary may issue grants to a municipality or a group of municipalities organized as a solid waste management district or acting through or as a regional planning commission for up to 40 percent of the cost of construction of facilities proposed in or equipment required:

  (A) to implement a utility and facility element, as defined in 24 V.S.A. § 4348a, for waste stream reduction facilities that precede refuse disposal, which the Secretary finds is consistent with the State Waste Management Plan; or

  (B) to implement a solid waste management plan that the Secretary has determined is consistent with the provisions of the State Waste Management Plan, is in conformance with any regional or adopted municipal plan, and is consistent with the requirements of this chapter.

  (2) Grants shall not be available under this section for sanitary landfills or incineration facilities.

  (3) Effective January 1, 1994, the costs of design for eligible projects shall be eligible for grants under this section.

  (b)(1) A municipality or group of municipalities organized as a solid waste management district or acting through or as a regional planning commission may apply to the Secretary for grants under this section. The Secretary may review and award grants, according to the priorities established in this section, to the extent that funds are available. Grants awarded under subdivision (c)(2) of this section shall be made on a quarterly basis to the extent funds are available. The application shall be in a form prescribed by the Secretary and shall include:

  (A) a complete description of the project and its purpose;

  (B) an explanation of the role of the project in the regional, district, or municipal solid waste management plan and how and when the plan will be implemented;

  (C) the cost of the project and the amount of the grant requested;

  (D) evidence that all funding required for implementation of the plan, beyond that provided by this chapter, has been obtained or will be available through user fees or other sources; and

  (E) evidence that private alternatives have been considered.

  (2) In making grants to projects eligible under this section, the Secretary shall give priority to proposals that are certified by the Commissioner of Health as being necessary to eliminate a hazard to human health and to those that are determined by the Secretary as being able effectively to accomplish the priorities set forth in subdivision 6604(a)(1) of this chapter.

  (3) No grant awards shall be made by the Secretary until all permits or other authority for the proposed project have been obtained.

  (c) When making grants, the Secretary shall require cost accounting procedures and other fiscal elements necessary for proper administration of the grant.

  (1) Upon selection of a recipient, award of the grant, and initiation of construction, the Secretary may make periodic grant payments based on certification by the grantee showing that costs for which reimbursement is requested have been incurred and paid by the grantee. The recipient shall provide supporting evidence of payment upon the request of the Department. Partial payments shall be made not more frequently than monthly. Interest costs incurred in local short-term borrowing of the grant amount shall be reimbursed as part of the grant. After the project has been completed, the applicant has taken other necessary action, and the costs have been audited by the Secretary or an independent auditor, the Secretary shall certify the remainder of the award to the Commissioner of Finance and Management who shall issue a warrant for payment.

  (2) The Secretary shall make grants under this section according to the following priorities:

  (A) Any project that as of July 1, 1993 has received a positive bond vote or similar approval receives highest priority.

  (B) Any project that is included in an adopted solid waste implementation plan approved by the Agency by July 1, 1993, which meets all the requirements for implementation grant funding by December 31, 1993, receives high priority. However, if a district does not come into existence until after July 1, 1993, it shall be eligible for funds under this section, if within 24 months from the date of its existence it adopts an implementation plan and obtains approval of that plan.

  (C) Any project that does not meet the criterion of subdivision (2)(A) or (B) of this subsection (c) must be included in an approved solid waste implementation plan and is subject to the following priority list in descending order:

  (i) projects to manage toxic material, unregulated hazardous waste, and hazardous household waste;

  (ii) projects eligible for grants under subsection 6622(d) of this title to manage other materials not appropriate for landfilling or incineration;

  (iii) other projects to manage other materials not appropriate for landfilling or incineration.

  (3) The Secretary may adopt rules consistent with this chapter that are necessary for proper administration of this section.

  (d) The Secretary may authorize low-interest loans from the Vermont Solid Waste Revolving Fund, as provided in 24 V.S.A. chapter 120, for the construction of facilities proposed in, or equipment required to implement a utility and facility element, as defined in 24 V.S.A. § 4348a, for refuse disposal, which the Secretary finds is consistent with the State Waste Management Plan, or to implement a plan approved by the Agency of Natural Resources. (Added 1987, No. 78, § 6; amended 1989, No. 30, § 5, eff. April 27, 1989; 1989, No. 276 (Adj. Sess.), § 35, eff. June 20, 1990; 1993, No. 81, § 1; 1995, No. 62, § 45, eff. April 26, 1995; 1995, No. 185 (Adj. Sess.), § 54, eff. May 22, 1996; 2015, No. 97 (Adj. Sess.), § 32; 2019, No. 131 (Adj. Sess.), § 25; 2021, No. 20, § 50.)

• § 6603d. User fee implementation assistance

  (a) The Secretary shall issue a grant to a municipality or a group of municipalities organized as a solid waste management district to develop and implement a system of user fees for municipally operated solid waste management facilities. Priority consideration shall be given to a municipality or a group of municipalities organized as a solid waste district that use privately owned or operated facilities for disposal of their solid waste. Within the amounts appropriated for this purpose, grants may be made for up to 100 percent of the costs of implementing a system of user fees.

  (b) After July 1, 1988, each municipality or solid waste district that pays a tax pursuant to 32 V.S.A. § 5952 shall be entitled to retain five percent of the amount due in order to defray costs of tax administration. (Added 1987, No. 78, § 7; amended 1989, No. 30, § 6, eff. April 27, 1989; 2019, No. 131 (Adj. Sess.), § 26.)

• § 6603e. Repealed. 1995, No. 189 (Adj. Sess.), § 8.

• § 6603f. Repealed. 1993, No. 59, § 24; No. 81, § 7(b).

• § 6603g. Hazardous Waste Facility Grant Program

  The Secretary shall administer a grant program under this section for any municipality that has received a notice of intent to construct a hazardous waste management facility under section 6606a of this title. The grant, not to exceed $75,000.00 and not to exceed 75 percent of the accepted estimated costs, may be used by the proposed host municipality to provide technical assistance and to otherwise assist the community to effectively assess the impacts of an existing application for a local permit for a hazardous waste treatment or disposal facility. (Added 1989, No. 282 (Adj. Sess.), § 10, eff. June 22, 1990.)

• § 6603h. Host community fee

  A municipality in which a facility certified under this chapter is located may negotiate a compensatory host payment from a solid waste district, a regional planning commission, the owner of the facility, or any combination of these. (Added 1991, No. 60, § 1.)

• § 6603i. Landfill closure grants

  (a) The Secretary is authorized to award grants to municipalities and solid waste management districts for the portion of the cost of closure of unlined landfills receiving municipal solid waste located within the municipality or district. These grants shall be available to assist in the closure of any existing unlined landfills accepting solid waste as of June 9, 1992.

  (b) The amount of any grants made under this section shall not exceed the actual costs of closure of the facility, minus an amount equal to the total tonnage of waste disposed at the facility between July 1, 1989 and the last date of acceptance of solid waste for disposal at the facility, multiplied by $24.00 per ton. Eligible closure costs shall include all necessary construction costs, a reasonable cost for engineering oversight, and an amount, not to exceed five percent or $50,000.00, whichever is less, of the construction costs, to cover the legal, administrative, and fiscal costs. (Added 1991, No. 256 (Adj. Sess.), § 29, eff. June 9, 1992; amended 2005, No. 215 (Adj. Sess.), § 214; 2019, No. 131 (Adj. Sess.), § 27.)

• § 6603j. Curbside collection of waste oil

  (a) Municipalities that have more than 4,000 residents or that have mandatory curbside collection of recyclables shall be eligible for State grants under this section if they implement a program for the curbside collection of used oil by July 1, 1996. A private hauler that, by July 1, 1996, implements or participates in a program for the curbside collection of used oil shall be eligible if the private hauler serves a community or group of communities with a population of more than 4,000 or serves a community with mandatory curbside collection of recyclables. Eligibility in all cases shall depend upon the municipality’s or the hauler’s compliance with all State program requirements and upon the taking of all necessary precautions to minimize contamination while collecting used oil.

  (b) Municipalities that provide curbside collection services as specified in subsection (a) of this section and private haulers that provide such services may apply to the Secretary for grants under this subsection. Financial assistance may be provided in the form of grants to compensate up to 60 percent of the costs incurred:

  (1) to retrofit collection vehicles to collect used oil at the curb (in an amount not to exceed $360.00 per truck); and

  (2) to purchase pumps necessary to transfer oil from collection vehicles to the larger aggregation container (in an amount not to exceed $300.00 per pump) as part of the operations of a used oil collection program that is part of the State program.

  (c) Funding for this program shall come from the Petroleum Cleanup Fund, from which funds may be disbursed for this purpose in addition to those purposes authorized under 10 V.S.A. § 1941. The Secretary shall allocate grants under this section in amounts totaling not more than $20,000.00 per year after consulting with the technical advisory committee on solid waste and after establishing equitable limits on the number of grants that may be awarded, under this section, to particular areas of the State.

  (d) Recipients of grants under this section, for a period of three years from the date of receipt of the grant, shall be required to provide to their customers, on a quarterly basis, information that encourages those customers to participate in the curbside used oil collection program.

  (e) The Secretary may adopt rules establishing criteria for eligible collection programs and rules to manage grant allocation under this section. (Added 1993, No. 220 (Adj. Sess.), § 1.)

• § 6604. Solid waste management plan

  (a) No later than November 1, 2013, the Secretary shall adopt, after notice and public hearing pursuant to 3 V.S.A. chapter 25, a solid waste management plan that sets forth a comprehensive statewide strategy for the management of waste.

  (1) The plan shall promote the following priorities, as found appropriate for certain waste streams, based on data obtained by the Secretary as part of the analysis and assessment required under subdivision (2) of this subsection:

  (A) the greatest feasible reduction in the amount of waste generated;

  (B) materials management, which furthers the development of products that will generate less waste;

  (C) the reuse and closed-loop recycling of waste to reduce to the greatest extent feasible the volume remaining for processing and disposal;

  (D) the reduction of the State’s reliance on waste disposal to the greatest extent feasible;

  (E) the creation of an integrated waste management system that promotes energy conservation, reduces greenhouse gases, and limits adverse environmental impacts; and

  (F) waste processing to reduce the volume or toxicity of the waste stream necessary for disposal.

  (2) The plan shall be revised at least once every five years and shall include:

  (A) An analysis of the volume and nature of wastes generated in the State, the source of the waste, and the current fate or disposition of the waste. Such an analysis shall include a waste composition study conducted in accordance with generally accepted practices for such a study.

  (B) An assessment of the feasibility and cost of diverting each waste category from disposal, including, to the extent the information is available to the Agency, the cost to stakeholders, such as municipalities, manufacturers, and customers. As used in this subdivision (a)(2), “waste category” means:

  (i) marketable recyclables;

  (ii) leaf and yard residuals;

  (iii) food residuals;

  (iv) construction and demolition residuals;

  (v) household hazardous waste; and

  (vi) additional categories or subcategories of waste that the Secretary identifies that may be diverted to meet the priorities set forth under subdivision (a)(1) of this section.

  (C) A survey of existing and potential markets for each waste category that can be diverted from disposal.

  (D) Measurable goals and targets for waste diversion for each waste category.

  (E) Methods to reduce and remove material from the waste stream, including commercially generated and other organic wastes, used clothing, and construction and demolition debris, and to separate, collect, and recycle, treat, or dispose of specific waste materials that create environmental, health, safety, or management problems, including tires, batteries, obsolete electronic equipment, and unregulated hazardous wastes. These portions of the plans shall include strategies to ensure recycling in the State and to prevent the incineration or other disposal of marketable recyclables.

  (F) A coordinated education and outreach component that advances the objectives of the plan, including the source separation requirements, generator requirements to remove food residuals, and the landfill disposal bans contained within this chapter.

  (G) Performance and accountability measures to ensure that implementation plans are effective in meeting the requirements of this section.

  (H) An assessment of facilities and programs necessary at the State, regional, or local level to achieve the priorities identified in subdivision (a)(1) of this section and the goals established in the plan. These portions of the plan shall be based, in part, on an assessment of the status, capacity, and life expectancy of existing solid waste facilities, and they shall include siting criteria for waste management facilities and shall establish requirements for full public involvement.

  (b) The Secretary shall hold public hearings, conduct analyses, and make recommendations to the House Committee on Environment and Energy and the Senate Committee on Natural Resources and Energy regarding the volume, amount, and toxicity of the waste stream. In this process, the Secretary shall consult with manufacturers of commercial products and of packaging used with commercial products, retail sales enterprises, health and environmental advocates, waste management specialists, the general public, and State agencies. The goal of the process is to ensure that packaging used and products sold in the State are not an undue burden to the State’s ability to manage its waste. The Secretary shall seek voluntary changes on the part of the industrial and commercial sector in both their practices and the products they sell, so as to serve the purposes of this section. In this process, the Secretary may obtain voluntary compliance schedules from the appropriate industry or commercial enterprise and shall entertain recommendations for alternative approaches. The Secretary shall report at the beginning of each biennium to the House Committee on Environment and Energy and the Senate Committee on Natural Resources and Energy with any recommendations or options for legislative consideration. At least 45 days prior to submitting the report, the Secretary shall post any recommendations within the report to the Agency’s website for notice and comment.

  (1) In carrying out the provisions of this subsection, the Secretary first shall consider ways to keep hazardous material; toxic substances, as that term is defined in subdivision 6624(7) of this title; and nonrecyclable, nonbiodegradable material out of the waste stream, as soon as possible. In this process, immediate consideration shall be given to the following:

  (A) evaluation of products and packaging that contain large concentrations of chlorides, such as packaging made with polyvinyl chloride (PVC);

  (B) evaluation of polystyrene packaging, particularly that used to package fast food on the premises where the food is sold;

  (C) evaluation of products and packaging that bring heavy metals into the waste stream, such as disposable batteries, paint and paint products and containers, and newspaper supplements and similar paper products; and

  (D) identification of unnecessary packaging, which is nonrecyclable and nonbiodegradable.

  (2) With respect to the items listed in subdivision (1) of this subsection, the Secretary shall consider the following:

  (A) product and packaging bans, products or packaging that ought to be exempt from such bans, the existence of less burdensome alternatives, and alternative ways that a ban may be imposed;

  (B) tax incentives, including the following options:

  (i) product taxes, based on a sliding scale, according to the degree of undue harm caused by the product, the existence of less harmful alternatives, and other relevant factors; and

  (ii) taxes on all nonrecyclable, nonbiodegradable products or packaging; and

  (C) deposit and return legislation for certain products.

  (c) A portion of the State’s Solid Waste Management Plan shall set forth a comprehensive statewide program for the collection, treatment, beneficial use, and disposal of septage and sludge. The Secretary shall work cooperatively with the Department of Health and the Agency of Agriculture, Food and Markets in developing this portion of the Plan and the rules to carry it out, both of which shall be consistent with or more stringent than that prescribed by section 405 of the Clean Water Act (33 U.S.C. § 1251 et seq.). In addition, the Secretary shall consult with local governmental units and the interested public in the development of the plans. The sludge management plan and the septage management plan shall be developed and adopted by January 15, 1987. In the development of these portions of the plan, consideration shall be given to, but shall not be limited to, the following:

  (1) the varying characteristics of septage and sludge;

  (2) its value as a soil amendment;

  (3) the need for licensing or other regulation of septage and sludge handlers;

  (4) the need for seasonal storage capability;

  (5) the most appropriate burdens to be borne by individuals, municipalities, and industrial and commercial enterprises;

  (6) disposal site permitting procedures;

  (7) appropriate monitoring and reporting requirements;

  (8) actions that can be taken through existing State programs to facilitate beneficial use of septage and sludge;

  (9) the need for regional septage facilities;

  (10) an appropriate public information program; and

  (11) the need for and proposed nature and cost of appropriate pilot projects.

  (d) Although the plan adopted under this section and any amendments to the plan shall be adopted by means of a public process that is similar to the process involved in the adoption of administrative rules, the plan, as initially adopted or as amended, shall not be a rule. (Added 1977, No. 106, § 1; amended 1985, No. 190 (Adj. Sess.), § 1, eff. May 14, 1986; 1987, No. 78, § 2; 1987, No. 246 (Adj. Sess.), § 3, eff. June 13, 1988; 1989, No. 218 (Adj. Sess.), § 7, eff. Oct. 1, 1990; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991, No. 282 (Adj. Sess.), § 11, eff. June 22, 1990; 2003, No. 42, § 2, eff. May 27, 2003; 2007, No. 209 (Adj. Sess.), § 6; 2011, No. 148 (Adj. Sess.), § 2; 2015, No. 97 (Adj. Sess.), § 33; 2017, No. 113 (Adj. Sess.), § 47; 2023, No. 85 (Adj. Sess.), § 9, eff. July 1, 2024.)

• § 6604a. Contaminated soils

  (a) The Secretary of the Agency of Natural Resources, in consultation with the Commissioner of the Department of Health and the Secretary of the Agency of Agriculture, Food and Markets, shall develop a plan for the receipt, treatment, and disposal, at one or more sites owned by the State, of soils contaminated within the State by petroleum products or other contaminants that require a comparable treatment technology, as may be determined by the Secretary. The plan shall be submitted to the General Assembly on or before January 15, 1989. In developing the plan, the Secretary shall:

  (1) estimate the volumes of such contaminated soils expected to require disposal;

  (2) define the characteristics of the wastes to be received;

  (3) recommend the treatment process or processes to be used;

  (4) establish the health and environmental standards to be applied to the operation;

  (5) describe the monitoring and recording requirements for the operation;

  (6) recommend ways to assure public access to the results of monitoring and to all records of the operation;

  (7) define the characteristics of sites suitable for this purpose and identify one or more sites in public or private ownership that appear to meet the criteria;

  (8) project the environmental and economic advantage to the State as well as to affected private parties in providing this treatment and disposal capability;

  (9) analyze the feasibility and advisability of using lands currently owned by the State, compared to acquiring new lands;

  (10) estimate the costs of developing and operating a site for this purpose;

  (11) compare the advantages and disadvantages of State or private operation;

  (12) consider the advisability of amending chapter 151 of this title to require that any site developed for the purposes of this section be subject to review under that chapter;

  (13) propose fees to be charged for this service to offset all or a part of the costs to the State, including the costs of appropriate financial assurances;

  (14) provide other relevant information to carry out the purpose of this section; and

  (15) evaluate the feasibility of using certain contaminated soils in the manufacture of asphalt or other road construction material.

  (b) The Secretary is authorized, for three years commencing on May 14, 1986, to permit a limited number of small on-site treatment and disposal operations for petroleum fuels, commensurate with the intent of this section, when in the Secretary’s opinion the public health and safety will not be adversely affected. All pertinent information gathered regarding permits granted and the surveillance, monitoring, and operation of these test sites shall be public information. On-site treatment and disposal operations together with necessary associated transportation of contaminated soils are not required to comply with sections 6606 and 6607 of this chapter. (Added 1985, No. 189 (Adj. Sess.), § 1, eff. May 14, 1986; amended 1987, No. 76, § 18; 1987, No. 85, § 3, eff. June 9, 1987; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)

• § 6604b. Testing of solid wastes prior to beneficial use on land or distribution and marketing

  (a) The Secretary of Natural Resources, in consultation with the Secretary of Agriculture, Food and Markets and with the Commissioner of Health, shall adopt rules to establish a testing program for all sewage sludge, or similar liquid wastes, prior to their beneficial use on land or prior to distribution and marketing of those wastes in liquid or solid form. The testing program shall establish a process for the determination of minimum testing frequencies and specific parameters for which analysis must be completed and shall detail procedures by which samples are collected, stored, and tested.

  (b) In establishing the process for the determination of test parameters and frequency, the rules shall take into account the size and complexity of the facility, the nature of the service area or collection system, including industrial contributions, the frequency of sewage sludge use on the land, and any existing data that is pertinent to the facility.

  (c) Rules regarding the application of waste to fields shall take into consideration the characteristics of the specific waste involved and shall calculate the heavy metal or micronutrient soil holding capacity based on a pH of 5.5 for the soil type at the application site, as appropriate.

  (d) A person subject to this section shall make all analytical results derived from the testing program provided for in this section available to the public upon request. (Added 1991, No. 157, § 1, eff. May 5, 1992; amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 6604c. Management of development soils

  (a)-(c) [Repealed.]

  (d) On or before July 1, 2017, the Secretary shall adopt rules that allow for the management of excavated soils requiring disposal that contain PAHs, arsenic, or lead in a manner that ensures protection of human health and the environment and promotes Vermont’s traditional settlement patterns in compact village or city centers. At a minimum, the rules shall:

  (1) include statewide or regional background concentration levels for PAHs, arsenic, and lead that are representative of typical soil concentrations and found throughout existing development areas;

  (2) specify that development soils with concentration levels equal to or lower than the background concentration levels established by the Secretary shall not be defined as or required to be treated as solid waste;

  (3) include criteria for determining site-specific maximum development soil concentration levels for PAHs, arsenic, and lead;

  (4) in addition to disposal at a certified waste facility, adopt a process for the management or disposal of development soils that have concentration levels that exceed residential soil screening levels, but are below the site-specific maximum development soils concentration levels;

  (5) adopt a process to preapprove sites to receive development soils from multiple developments; and

  (6) be designed to provide that the criteria established under subdivision (3) of this subsection and the process developed under subdivision (4) of this subsection shall be no less protective of human health and the environment than the standard for development soils and the process established under subsection (b) of this section.

  (e) At any time, the Secretary may adopt by rule background and maximum concentration levels for other potentially hazardous material in soils such that the development soils containing these other materials would be categorized and treated according to the rules adopted by the Secretary under subsection (d) of this section. (Added 2015, No. 52, § 3, eff. June 5, 2015; amended 2015, No. 150 (Adj. Sess.), § 37a, eff. May 31, 2016; 2019, No. 131 (Adj. Sess.), § 28.)

• § 6605. Solid waste management facility certification

  (a)(1) No person shall construct, substantially alter, or operate any solid waste management facility without first obtaining certification from the Secretary for such facility, site, or activity, except for sludge or septage treatment or storage facilities located within the fenced area of a domestic wastewater treatment plant permitted under chapter 47 of this title. This exemption for sludge or septage treatment or storage facilities shall exist only if:

  (A) the treatment facility does not use a process to reduce pathogens further in order to qualify for marketing and distribution; and

  (B) the facility is not a drying bed, lagoon, or nonconcrete bunker; and

  (C) the owner of the facility has submitted a sludge and septage management plan to the Secretary and the Secretary has approved the plan. Noncompliance with an approved sludge and septage management plan shall constitute a violation of the terms of this chapter, as well as a violation under chapters 201 and 211 of this title.

  (2) Certification shall be valid for a period not to exceed 10 years.

  (b) Certification for a solid waste management facility, where appropriate, shall:

  (1) Specify the location of the facility, including limits on its development.

  (2) Require proper operation and development of the facility in accordance with the engineering plans approved under the certificate.

  (3)(A) Specify the projected amount and types of waste material to be disposed of at the facility, which, in case of landfills and incinerators, shall include the following:

  (i) if the waste is being delivered from a municipality that has an approved implementation plan, hazardous materials and recyclables shall be removed from the waste according to the terms of that implementation plan;

  (ii) except as provided in subdivision (B) of this subdivision (3), if the waste is being delivered from a municipality that does not have an approved implementation plan, leaf and yard residuals shall be removed from the waste stream, and 100 percent of each of the following shall be removed from the waste stream: mandated recyclables, hazardous waste from households, and hazardous waste from small quantity generators.

  (B) If waste delivered to the facility is process residuals from a material recovery facility, the facility receiving the waste shall not be required to remove 100 percent of mandated recyclables from the process residuals if the facility receiving the waste has a plan approved by the Secretary to remove mandated recyclables from the process residuals to the maximum extent practicable.

  (4) Specify the type and numbers of suitable pieces of equipment that will operate the facility properly.

  (5) Contain provisions for air, groundwater, and surface water monitoring throughout the life of the facility and provisions for erosion control, capping, landscaping, drainage systems, and monitoring systems for leachate and gas control.

  (6) Contain such additional conditions, requirements, and restrictions as the Secretary may deem necessary to preserve and protect the public health and the air, groundwater, and surface water quality. This may include requirements concerning reporting, recording, and inspections of the operation of the site.

  (c) The Secretary shall not issue a certification for a new facility or renewal for an existing facility, except for a sludge or septage land application project, unless it is included in an implementation plan adopted pursuant to 24 V.S.A. § 2202a, for the area in which the facility is located.

  (d) New landfills placed in operation after July 1987 shall be lined and shall collect and treat leachate. Except as provided in section 6614 of this title, or if, pursuant to information obtained through the pilot projects completed under subsection 6604(b) of this title or from other sources, the Secretary identifies particular waste components that will not be the source of leachate harmful to health or the environment, the Secretary may waive the requirements for liners in landfills or portions of landfills designated solely to receive these wastes. Solid waste shall be included among these waste components that will not be the source of harmful leachate, in situations where all of the following apply:

  (1) material to be landfilled has been subjected to a hazardous waste collection, diversion, and inspection program that removes at least 90 percent of the hazardous and toxic waste, including that classified as hazardous household waste and including that generated by small quantity generators;

  (2) material to be landfilled has had at least 90 percent of the compostable material and marketable recyclables removed by source separation or by a combination of source separation and mechanical separation;

  (3) the municipality in which the landfill or any portion of the landfill exists has permission of the facility operator to monitor landfill operations during operating hours, by means of a person appointed or hired by town officials or elected by the voters of the municipality.

  (e) Ash from waste incineration facilities shall be disposed of only in lined facilities, unless recycled in a manner approved by the Secretary.

  (f) When an application for a certification is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

  (g)(1) Notwithstanding any contrary provision of this section, the Secretary may authorize the land disposal or management of sludge or septage by an applicant at any certified site or facility with available capacity, provided the Secretary finds:

  (A) that the applicant needs to dispose of accumulated sludge or septage promptly, and that delay would likely cause public health, or environmental damage, or nuisance conditions, or would result in excessive and unnecessary cost to the public, and that the applicant has lost authority to use previously certified sites through no act or omission of the applicant; and

  (B) that at the certified site or facility to be used:

  (i) the certificate holder agrees in writing to allow use of the site or facility by the applicant;

  (ii) management of the applicant’s sludge or septage is compatible with the site or facility certificate;

  (iii) all terms and conditions of the original certification will continue to be met with addition of the applicant’s sludge or septage; and

  (iv) beginning January 1, 2013, any sludge or septage applied to land shall be applied according to a nutrient management plan approved by the Secretary.

  (2) Issuance of an approval under this subsection shall comply with section 7716 of this title.

  (h) The Secretary shall not issue a certification to a new nonmunicipal facility, or recertify an existing nonmunicipal facility, without first determining that the applicant meets the requirements established in subdivisions 6605f(a)(1) and (2) of this title.

  (i) In lieu of obtaining a certification for the long-term maintenance and postclosure care of the facility, the Secretary shall adopt rules to ensure the proper maintenance and postclosure care of facilities that disposed of municipal solid waste and any other waste stream designated by the Secretary. These rules shall require that the facility owner and operator maintain financial responsibility as required under section 6611 of this title for the period of time determined necessary to protect public health and the environment. These rules may include requirements for monitoring at a facility, monitoring requirements for surface water or groundwater in the vicinity of the facility, monitoring of leachate and gas control, physical maintenance of the facility, and corrective action for any release of a solid waste from the facility.

  (j) A facility certified under this section that offers the collection of municipal solid waste shall:

  (1) Beginning on July 1, 2014, collect mandated recyclables separate from other solid waste and deliver mandated recyclables to a facility maintained and operated for the management and recycling of mandated recyclables. A facility shall not be required to accept mandated recyclables from a commercial hauler.

  (2) Beginning on July 1, 2015, collect leaf and yard residuals between April 1 and December 15 separate from other solid waste and deliver leaf and yard residuals to a location that manages leaf and yard residuals in a manner consistent with the priority uses established under subdivisions 6605k(a)(3)-(5) of this title.

  (3) Beginning on July 1, 2017, collect food residuals separate from other solid waste and deliver food residuals to a location that manages food residuals in a manner consistent with the priority uses established under subdivisions 6605k(a)(2)-(5) of this title.

  (k) The Secretary may, by rule, adopt exemptions to the requirements of subsection (j) of this section, provided that the exemption is consistent with the purposes of this chapter and the objective of the State plan.

  (l) A facility certified under this section may incorporate the cost of the collection of mandated recyclables into the cost of the collection of municipal solid waste and may adjust the charge for the collection of municipal solid waste. A facility certified under this section may charge a separate fee for the collection of mandated recyclables, leaf and yard residuals, or food residuals.

  (m) Mandated recyclables, leaf and yard residuals, or food residuals collected as part of a litter collection event operated or administered by a nonprofit organization or municipality shall be exempt from the requirements of subdivision (b)(3)(B) and subsection (j) of this section.

  (n) A farm producing compost under subdivision 6001(22)(H) of this title is exempt from the requirements of this section. (Added 1977, No. 106, § 1; amended 1979, No. 195 (Adj. Sess.), § 6, eff. May 6, 1980; 1987, No. 78, § 8; 1989, No. 281 (Adj. Sess.), § 4, eff. June 22, 1990; 1991, No. 157 (Adj. Sess.), § 2, eff. May 5, 1992; 1991, No. 202 (Adj. Sess.), § 1, eff. May 27, 1992; 1993, No. 81, § 2; 1993, No. 157 (Adj. Sess.), § 2, eff. June 7, 1994; 1993, No. 233 (Adj. Sess.), § 61, eff. June 21, 1994; 1997, No. 51, § 3; 2001, No. 149 (Adj. Sess.), § 87, eff. June 27, 2002; 2009, No. 146 (Adj. Sess.), § F11; 2011, No. 138 (Adj. Sess.), § 31, eff. May 14, 2012; 2011, No. 148 (Adj. Sess.), § 4; 2013, No. 175 (Adj. Sess.), § 4; 2015, No. 95 (Adj. Sess.), § 1, eff. May 10, 2016; 2015, No. 150 (Adj. Sess.), § 25, eff. Jan. 1, 2018; 2017, No. 208 (Adj. Sess.), § 1, eff. May 30, 2018; 2021, No. 41, § 4, eff. May 20, 2021.)

• § 6605a. Review of existing landfills

  (a) By July 1, 1990, the Secretary of Natural Resources shall complete a review of each landfill that is operating or certified as of July 1, 1987, to determine whether it should be closed or continue to operate and whether remedial action is necessary. The review shall assess:

  (1) The impact of the landfill on groundwater, surface water, and air quality.

  (2) The operating history and compliance status of the landfill.

  (3) The potential of the landfill to affect the public health taking into account:

  (A) the proximity of drinking water supplies or buildings in regular use;

  (B) the nature and extent of actual or expected air and water contamination;

  (C) the ownership and use of surrounding land; and

  (D) the size, age, capacity, and use of the landfill.

  (b) Within 120 days after the review is completed, the Secretary shall propose to certify the landfill or to grant an interim certification pursuant to section 6605b of this title to close or upgrade the landfill. A landfill shall be closed or remedial action shall be required if the Secretary finds that it has caused or is likely to cause a significant risk to public health or the environment.

  (c) No later than July 1, 1991 the operating portion of each landfill shall be lined, if required under the provisions of subsection 6605(d) of this title, except that those in operation as of July 1, 1987 that are certified to receive or actually receive less than 1,000 tons of municipal waste per year may be exempted from this requirement according to the provisions of subsection (d) of this section, or if, considering the factors established in subdivision (a)(3) of this section, the Secretary finds that they will not create a significant risk to public health and that they will not cause irreparable harm to the environment. Violations of secondary safe drinking water standards, standing alone, will not be construed under this subsection or under subsection 6605(b) of this title to constitute significant risks to public health or to cause irreparable harm to the environment. Where the Secretary has determined, by clear and convincing evidence, that the operation of a solid waste landfill, or the existence of a solid waste landfill closed after July 1, 1987, has increased the level of any secondary drinking water quality contaminant, in the downgradient groundwater, so that the resulting water quality exceeds the secondary drinking water standards, the Secretary shall require the operator of the landfill facility to institute remedial activities. These remedial activities may include the installation of water treatment systems to remove secondary contaminants from the affected drinking water supplies, or the replacement of the contaminated drinking water source or sources.

  (d) The Secretary may authorize continued operation of a municipally owned unlined landfill that is in operation on July 1, 1992 and that will receive less than 1,000 tons per year of waste for disposal, if the legislative body of the municipality has voted to continue to operate the landfill and if the Secretary has approved a plan submitted by the municipality that shall be implemented by October 1, 1992, which demonstrates how approximately 90 percent of yard waste and hazardous waste from households and small quantity generators, along with a substantial portion of marketable recyclables, will be removed from the waste stream before disposal. Approval under this section shall exempt the landfill from compliance with those provisions of the solid waste rules that require a minimum vertical separation to bedrock of 10 feet, that require a minimum of six feet vertical separation from the high seasonal water table, and that require a minimum distance of 300 feet to the waters of the State. Violations of secondary safe drinking water standards, standing alone, will not be construed under this subsection or under subsection 6605(b) of this title to allow or require the Secretary to deny approval of landfills regulated under this subsection. Where the Secretary has determined, by clear and convincing evidence, that the operation of a solid waste landfill, or the existence of a solid waste landfill closed after July 1, 1987, has increased the level of any secondary drinking water quality contaminant in the downgradient groundwater so that the resulting water quality exceeds the secondary drinking water standards, the Secretary shall require the operator of the landfill facility to institute remedial activities. These remedial activities may include the installation of water treatment systems to remove secondary contaminants from the affected drinking water supplies, or the replacement of the contaminated drinking water source or sources. (Added 1987, No. 78, § 9; amended 1991, No. 202 (Adj. Sess.), § 11, eff. May 27, 1992; 1993, No. 232 (Adj. Sess.), § 43, eff. March 15, 1995.)

• § 6605b. Interim certification

  (a) A person who does not qualify for a solid waste management facility certification under section 6605 of this title may be issued an interim certification. The Secretary may require the applicant to submit any additional information that the Secretary considers necessary, and may refuse to grant the interim certification until the information is furnished and evaluated.

  (b) The Secretary shall not issue an interim certification without affirmatively finding:

  (1) that the operation of the solid waste management facility is necessary and will result in some public benefit;

  (2) that there is no present, reasonable, alternative means for waste disposal;

  (3) that the applicant needs to operate the facility for a period of time necessary to complete research, planning, construction, installation, or operation of an approved facility or to close the existing facility;

  (4) that the operation of the facility will not create an unreasonable risk to the public health nor be unreasonably destructive to the environment;

  (5) that the operation of the facility is consistent with an approved plan, for the area in which the facility is located, or the State Solid Waste Management Plan; and

  (6) that the applicant, if other than a municipality, meets the requirements established in subdivisions 6605f(a)(1) and (2) of this title.

  (c) Any interim certificate issued shall:

  (1) specify the location of the facility, including limits on its development;

  (2) require proper operation of the facility;

  (3) specify the amounts and types of waste material to be disposed of at the facility, which, in case of landfills and incinerators, shall include the following;

  (A) if the waste is being delivered from a municipality that has an approved implementation plan, hazardous materials and recyclables shall be removed from the waste according to the terms of that implementation plan,

  (B) if the waste is being delivered from a municipality that does not have an approved implementation plan, yard waste shall be removed from the waste stream, as shall a minimum of approximately 75 percent of each of the following: marketable recyclables, hazardous waste from households, and hazardous waste from small quantity generators;

  (4) specify the type and numbers of suitable pieces of equipment that will operate the facility properly;

  (5) contain provisions for air, groundwater, and surface water monitoring;

  (6) specify a schedule by which an applicant shall meet all requirements for full certification or proper closure;

  (7) be valid only for the period of time, not to exceed two years, necessary for an applicant to meet the requirements of full certification or closure, and shall not be renewed more than once; and

  (8) contain such additional conditions, requirements, and restrictions as the Secretary may deem necessary to preserve and protect the public health and the environment. (Added 1987, No. 78, § 10; amended 1991, No. 202 (Adj. Sess.), § 2, eff. May 27, 1992; 1993, No. 81, § 3; 1993, No. 157 (Adj. Sess.), § 3.)

• § 6605c. Solid waste categorical certifications

  (a) Notwithstanding sections 6605, 6605f, and 6611 of this title, no person may construct, substantially alter, or operate any categorical solid waste facility without first obtaining a certificate from the Secretary. Certificates shall be valid for a period not to exceed 10 years.

  (b) The Secretary may, by rule, list certain solid waste categories as eligible for certification pursuant to this section:

  (1) Solid waste categories to be deposited in a disposal facility shall not be a source of leachate harmful to human health or the environment.

  (2) Solid waste categories to be managed in a composting facility shall not present an undue threat to human health or the environment.

  (3) Recyclable materials either recycled or prepared for recycling at a recycling facility.

  (c) Certifications for a solid waste management facility pursuant to this section where appropriate shall:

  (1) Specify the location of the facility, including limitations on its development.

  (2) Require proper operation and development of the facility in accordance with facility management plans approved under the certificate.

  (3) Specify the projected amount and types of waste to be managed or disposed at the facility.

  (4) Contain additional conditions, requirements, and restrictions, as the Secretary may deem necessary to preserve and protect the public health and the air, groundwater, and surface water quality. This may include requirements concerning recording, reporting, and inspection of the operation of the facility.

  (d) When an application for a certification is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

  (e) This section shall not apply to the storage, treatment, or disposal of:

  (1) Municipal solid waste.

  (2) Sludge.

  (3) Septage.

  (4) Mineral processing waste. For purposes of this section, mineral processing waste means solid waste from an industrial or manufacturing facility that processes materials from a mining activity and where chemicals, as defined by the Secretary by rule, are intentionally added as a part of that processing. (Added 1989, No. 61, § 3, eff. May 22, 1989; amended 1989, No. 286 (Adj. Sess.), § 7; 2005, No. 65, § 3; 2011, No. 148 (Adj. Sess.), § 5; 2013, No. 175 (Adj. Sess.), § 5; 2015, No. 150 (Adj. Sess.), § 26, eff. Jan. 1, 2018.)

• § 6605d. Provisional certification

  (a) Notwithstanding the requirements of sections 6605, 6605a, and 6605b of this title, a provisional certification may be issued under this section for a solid waste landfill. A provisional certification may modify a landfill certification or other authorization. The Secretary shall inform interested persons as to where disposal capacity exists and shall encourage development of provisional certification applications that are logical, considering transportation requirements, the needs of the solid waste management districts and the municipalities that are not district members, and other relevant factors.

  (b) The Secretary shall not issue a provisional certification without affirmatively finding that:

  (1) The solid waste management facility is an existing unlined landfill and that solid waste has been disposed of at the facility prior to January 1, 1990 in the cell or area for which provisional certification is proposed.

  (2) There is a compelling public need for the proposed provisional certification because it will:

  (A) provide disposal capacity required by other specified municipalities; and

  (B) provide additional funds necessary for proper operation and closure; and

  (C) produce contours as specified in an approved closure plan.

  (3) Measures will be taken to prevent or reduce any undue adverse impacts on the criteria specified in subdivision (c)(5) of this section.

  (c) A provisional certification shall:

  (1) Not approve, or otherwise allow, any horizontal expansion into, or use of, unused unlined cells or areas of the landfill.

  (2) Contain conditions, requirements, or restrictions as set out in subsection 6605(b) of this title, for any aspect of the management of the facility affected by the provisional certification, except that a provisional certification shall not include the recycling requirements established in subdivision 6605(b)(3)(B) of this title. The hazardous waste requirements established in subdivision 6605(b)(3)(B) shall be satisfied if the certification prohibits disposal of the following: automobile lead-acid batteries, nickel cadmium batteries, waste oil and oil filters, electric fluorescent light ballasts and capacitors containing PCBs, oil-based and latex paint, paint thinner and remover, stains and varnishes, other household hazardous waste, and all regulated and unregulated nonresidential hazardous waste.

  (3) Contain a requirement that the facility is operated in a manner that assures adequate compaction rates for the additional waste and a requirement that the facility submit a plan for recycling. The Secretary shall ensure that the recycling plan provides for a maximum amount of recycling, as soon as is practical, considering the time constraints inherent in provisional certification.

  (4) Contain a requirement, if the facility is purchased by a solid waste management district after July 1, 1990, or is owned by a private entity, that a surcharge of two dollars per ton be imposed on all additional waste allowed by the provisional certification. The surcharge shall be collected by the owner or operator of the facility and remitted quarterly to the city, town, or gore in which the facility is located.

  (5) Contain conditions, requirements, or restrictions to prevent or reduce any adverse impacts on the public health or the environment caused by the additional waste, as well as measures regarding water pollution, air pollution, traffic, noise, litter, soil erosion, and visual screening as defined by the relevant criteria in subsection 6086(a) of this title.

  (6) Contain such additional conditions, requirements, or restrictions as are necessary to preserve and protect the public health and the air, groundwater, and surface water quality, and that shall include requirements for reporting, record keeping, and inspections, and, where practical, shall include requirements with respect to hazardous waste generated by small quantity generators of hazardous waste.

  (7) Contain a reasonable schedule for compliance with the financial responsibility requirements of section 6611 of this title.

  (8) Contain a requirement that the unlined landfill cease accepting waste as of July 1, 1992 or earlier, pursuant to an approved closure plan.

  (9) Notwithstanding the provisions of subdivision (8) of this subsection, any person operating a facility under a provisional certification may apply to the Secretary for a six-month extension of the landfill closure deadline, provided that application is received by July 1, 1991. In order to qualify for an extension, the applicant must demonstrate the inability to contract for sufficient capacity sharing to complete closure by the July 1, 1992 deadline, and good faith efforts to share sufficient capacity to ensure closure by July 1, 1992. The Secretary shall evaluate requests for extension on a case by case basis, but in no event shall the Secretary extend the closure deadline for any landfill beyond December 31, 1992.

  (10) Notwithstanding the provisions of subdivisions (8) and (9) of this subsection, a provisional certification for an unlined landfill owned and operated by a solid waste district as of April 1, 1990 may be issued for no longer than the time period necessary to complete closure and the siting of a new facility. To qualify under this provision an applicant must provide a plan, including an estimated closure date, that will enable the environmentally sound closure of an existing landfill and the timely siting of a new facility. The applicant shall demonstrate through negotiated contracts that at least 150,000 cubic yards of capacity will be shared with other Vermont communities to complete the closure of the existing landfill by that date. On request of a municipality to participate in the shared capacity to be provided by the applicant, the applicant shall share that capacity on the same terms as those negotiated with other municipalities, provided that the Secretary determines that inclusion of the requesting municipality is a logical result, considering transportation requirements, the needs of solid waste management districts and municipalities that are not district members, and other relevant factors.

  (d) The owner and operator of a facility seeking provisional certification shall submit an application on a form provided by the Secretary. Except for applicants receiving certification under subdivision (c)(10) of this section, the Secretary shall require the applicant to submit negotiated contracts that demonstrate sufficient capacity sharing to complete closure by July 1, 1992 or earlier. The Secretary may require an applicant for provisional certification to submit whatever information the Secretary considers necessary to evaluate the application. If the information is not provided as requested, the certification may be denied or it may be delayed until the information is furnished and evaluated.

  (e) When an application for a provisional certification is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

  (f) Any provisional certification may be issued immediately after the end of the public comment period, but its effective date may not be less than five calendar days after the end of the public comment period.

  (g) [Repealed.]

  (h) If the Secretary finds that emergency action is required for the disposal of solid waste in Vermont facilities, the Secretary may issue an emergency provisional certification. Notwithstanding any contrary requirement of chapter 170 of this title, notice of a proposed emergency provisional certification shall be published at least seven calendar days prior to the meeting and the public comment period shall end no sooner than three calendar days after the meeting. An emergency provisional certification granted in accordance with this subsection shall be issued no more than once and shall terminate 60 days after issuance, unless the Secretary reissues the certification under this section as a provisional certification. Except as otherwise required by this subsection, an emergency provisional certification shall be subject to requirements that apply to provisional certification.

  (i) No person shall substantially alter the operation, use, construction, management, or geographic service area of a solid waste management facility without first obtaining a certification approving that alteration, under this section or section 6605 or 6605b of this title, as appropriate. A service area established in a provisional certification issued under this section, upon request of the operator of the facility, shall be amended to allow the facility to accept solid waste, including construction and demolition debris originating from any source, if necessary to achieve appropriate closure grade by October, 1995.

  (j) [Repealed.] (Added 1989, No. 218 (Adj. Sess.), § 1; amended 1993, No. 208 (Adj. Sess.), § 6; 2015, No. 150 (Adj. Sess.), § 27, eff. Jan. 1, 2018.)

• § 6605e. Closure extension orders

  (a) Notwithstanding other provisions of this chapter, the Secretary, until December 31, 1992, may issue landfill closure extension orders pursuant to section 8008a of this title for the purpose of extending the July 1, 1992 landfill closure date for existing, operating, unlined landfills receiving waste as of January 1, 1992. This extension may run until October 9, 1993. An owner or operator making a request for this extension must file an application containing information supporting findings required by this section, prior to July 1, 1992. This extension may be granted:

  (1) in order to bring the level of disposed waste up to the minimum acceptable closure grade, as established by rule, or

  (2) where the solid waste management district, or municipality that is not a member of a district, from which the waste originates has adopted a solid waste implementation plan or an interim management plan for management of solid waste generated within that planning entity’s area. The plan shall identify a proposed lined landfill disposal facility or a proposed combination of lined and inert landfill capability, the latter created according to the provisions of subsection 6605(d) of this title, and shall include a realistic schedule for the use, by no later than October 9, 1993, of this new facility by this planning entity.

  (b) The Secretary may issue an order under subsection (a) of this section, upon finding:

  (1) that the continued use of the unlined facility is necessary. Before finding that continued use of an unlined facility is necessary, with respect to a facility qualifying for an exemption under subdivision (a)(2) of this section, the Secretary shall first find that the planning entity lacks a lined landfill alternative that is reasonably available;

  (2) that continued use of unlined capacity will not result in any horizontal expansion of waste disposal beyond areas where waste disposal has taken place legally, prior to July 1, 1992;

  (3) that the existing landfill does not currently create significant environmental harm nor will the proposed continued use of the landfill for the period of the extension be likely to create significant environmental harm;

  (4) that the facility is not causing any present contamination of an existing water supply and it is reasonable to expect that the facility will not cause such contamination during the period of the closure order. For the purposes of this subdivision, contamination is defined as exceeding any primary safe drinking water standard that has been promulgated by the U.S. Environmental Protection Agency;

  (5) that the continued use of the unlined facility will not create undue adverse effects related to water pollution, air pollution, traffic, noise, litter, soil erosion, and visual conditions, as defined by the relevant criteria in subsection 6086(a) of this title;

  (6) that any vertical expansion will not result in final grades in excess of those allowed under the solid waste management rules;

  (7) that the owner and operator have demonstrated compliance with the financial responsibility requirements of the solid waste management rules, which in the case of municipalities shall mean having secured the local cost of closure by affirmative bond vote, reserve fund, or escrow account; and

  (8) that the owner or operator has demonstrated that adequate, accessible, source separation opportunities exist for recycling and for management of unregulated hazardous waste within the municipalities that will use the facility. Any transfer station that serves the facility shall have source separation opportunities for recycling, unless the area is served by a curbside collection program for source separated recyclables.

  (c) Owners and operators who, by July 1, 1992, have filed an application for an extension under the provisions of subsection (a) of this section, may remain open until December 31, 1992, unless they receive a closure order before that time from the Secretary. The Secretary may issue an order to close if the applicant is not likely to meet the criteria in this section.

  (d) Any actions required to be performed at the landfill site pursuant to an order issued under this section and section 8008a of this title shall be exempt from certification and permit provisions of this chapter and from the requirement to obtain a permit or permit amendment under chapter 151 of this title. This section shall not exempt from jurisdiction under chapter 151 of this title any actions relating to closure of a landfill authorized pursuant to a certification issued under section 6605 or 6605b of this title, if those actions otherwise would be subject to jurisdiction under chapter 151.

  (e) Orders under this section may be issued only if the landfill owner and operator produce a letter from the district in which the facility is located, indicating that receiving the waste is consistent with the district planning process. If the facility is not located within a district, these orders may be issued only on receipt of a letter from the municipality in which the facility is located, indicating that receiving the waste is consistent with the municipality’s solid waste planning process. (Added 1991, No. 202 (Adj. Sess.), § 3, eff. May 27, 1992.)

• § 6605f. Waste management personnel background review

  (a) Disqualifying criteria. Any nongovernmental entity or person applying for a certification under section 6605, 6605a, or 6606 of this title, for interim certification under section 6605b of this title, shall be denied certification or other authorization if the Secretary finds:

  (1) that the applicant or any person required to be listed on the disclosure statement pursuant to subdivision (b)(1) of this section has been convicted of any of the following disqualifying offenses in this or any other jurisdiction within the 10 years preceding the date of the application:

  (A) murder;

  (B) kidnapping as defined in 13 V.S.A. § 2405;

  (C) gambling as defined in 13 V.S.A. § 2135;

  (D) robbery as defined in 13 V.S.A. § 608;

  (E) bribery as defined in 13 V.S.A. chapter 21;

  (F) extortion as defined in 13 V.S.A. § 1701;

  (G) arson as defined in 13 V.S.A. chapter 11;

  (H) burglary as defined in 13 V.S.A. § 1201;

  (I) larceny and embezzlement as defined in 13 V.S.A. chapter 57;

  (J) forgery and fraud as defined in 13 V.S.A. chapters 43, 47, and 49 and 9 V.S.A. chapters 63, 67, 71, 105, and 131;

  (K) possession and control of drugs and related offenses as defined in 18 V.S.A. chapter 84;

  (L) unlawfully selling, bartering, possessing, furnishing, or transporting alcohol pursuant to 7 V.S.A. § 561;

  (M) the federal Racketeer Influenced and Corrupt Organizations Act as defined in 18 U.S.C. § 1961 et seq.;

  (N) the criminal provisions of federal antitrust laws for activities related to solid waste;

  (O) the criminal provisions of any federal or state environmental protection laws or rules relating to solid waste;

  (P) obstruction of justice as defined in 13 V.S.A. chapter 67;

  (Q) fraud in the offering, sale, or purchase of securities under 9 V.S.A. § 5508 and in the U.S. Code;

  (R) alteration of motor vehicle identification numbers as defined in 23 V.S.A. § 1703;

  (S) unlawful manufacture, purchase, use, or transfer of firearms as defined in 13 V.S.A. chapter 85 and in the U.S. Code; or

  (T) perjury as defined in 13 V.S.A. chapter 65; or

  (2) that the applicant or any person required to be listed on the disclosure statement pursuant to subdivision (b)(1) of this section, alone or taken together, have committed more than one violation of environmental statutes, rules, orders, certifications, or permits, issued by any jurisdiction, which have the potential to significantly harm the public health, public safety, or the environment, giving due consideration to the size and scope of the applicant’s business operations.

  (b) Disclosure statement. The disclosure statement shall include the following:

  (1) Disclosure of equity and debt ownership. The full name, business address, and Social Security number or its foreign equivalent of the applicant or, if the applicant is a business concern, of the officers, directors, partners, or key employees of that business concern; and a listing of all persons or business concerns that hold any equity in or debt liability of the applicant business concern, or, if the applicant business concern is a publicly traded corporation, of all persons or business concerns holding more than five percent of the equity in or debt liability of that business concern. The Secretary and the Commissioner of Public Safety shall have the right, but not the obligation, to require the applicant to submit disclosure statements for the officers, directors, partners, and key employees of any business concern that holds any equity in or debt liability of the applicant business concern.

  (2) Disclosure of equity and debt ownership in related business concerns. The full name, business address, and Social Security number of all persons or business concerns holding any equity in or debt liability of any business concern disclosed in this subsection. The Secretary and the Commissioner of Public Safety shall have the right, but not the obligation, to require the applicant to submit disclosure statements for the officers, directors, partners, and key employees of any business concern that holds any equity in or debt liability of the applicant business concern.

  (3) Disclosure of record of convictions. The record of convictions identified in subsection (a) of this section by any person identified in this section for the 10 years prior to the date of the application.

  (4) Disclosure of civil and administrative penalties. A list of all civil and administrative penalties issued against the applicant by any state or federal authority, in the five years immediately preceding the filing of the application, that resulted from a finding of violation or assurance of discontinuance, relating to the collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste by the applicant, or if the applicant is a business concern, by any key employee, officer, director, or partner of that business concern.

  (c) Investigation. The Secretary shall refer the completed application to the Department of Public Safety for the purpose of verifying the information in the application and conducting an investigation. In connection with its investigation, the Department of Public Safety may request and receive criminal history information from any federal or state law enforcement agency or organization and may transmit that information to the Secretary. Unless the Secretary’s determination or decision is contested, the information contained in the investigative report shall remain confidential and shall only be used by the cooperating agencies.

  (d) Definition of key employee. As used in this section, “key employee” means any individual employed by a business concern in a management capacity or who is empowered to make discretionary decisions of a financially material nature with respect to the solid or hazardous waste operations of the business concern.

  (e) Change in ownership. In the event of any change in ownership, the certificate or permit holder under this section shall file a disclosure statement, as required of an applicant under this section. This filing shall be made at least 90 days before the proposed change in ownership. A proposed change of ownership shall be processed in the same manner as an application under subsection (a) of this section, and if it would result in the denial of an application, transfer of the permit to the proposed new owner shall be denied.

  (f) Rehabilitation. Notwithstanding the provisions of this section, no applicant under this section shall be denied certification, or licensure on the basis of disqualifying criteria with respect to any individual required to be listed in the disclosure statement or shown through investigation to have a beneficial interest in the business of the applicant other than an equity interest or debt liability, if the person has demonstrated the person’s rehabilitation, as determined by the Secretary.

  (g) Revocation of certification. The Secretary shall revoke any certification or permit subject to this section, or appoint a receiver and order that the receiver conduct the business in question, if the Secretary determines:

  (1) that any of the grounds for denial under subsection (a) of this section either existed at the time of application or have arisen since that time; or

  (2) that the holder of the certification or permit, or the applicant for the certification or permit, knowingly omitted or falsified information required to be disclosed under this section.

  (h) Agency coordination. The Secretary of Natural Resources, the Attorney General, the State’s Attorneys, and the Commissioner of Public Safety shall coordinate efforts to enforce solid waste laws and to investigate for violations of those laws.

  (i) Decision by Secretary. Any denial by the Secretary under subsection (a) of this section shall be made within 90 days of receiving a completed application, except that when the Secretary or the Commissioner of Public Safety requests additional information pursuant to subdivision (b)(1) or (2) of this section, the 90-day period shall not run from the date of that request until the date upon which the Secretary or Commissioner receives the information requested. If the Secretary does not issue a denial within 90 days of receiving a completed application or the additional language requested, the applicant shall be deemed to have complied with the requirements of this section, subject to the Secretary’s right to seek revocation under subsection (g) of this section.

  (j) Private entities that contract with governmental entities. If a governmental entity is an applicant for a certification, interim certification, or waste transportation permit listed in subsection (a) of this section, and contracts with a nongovernmental entity to conduct any part of its operation that is subject to the certificate or permit, such nongovernmental entity shall comply with the requirements of this section.

  (k) Exemption.

  (1) Except to the extent that other activities create jurisdiction under this section, a person shall be exempt from the provisions of this section, if that person:

  (A) applies for certification under this chapter for on-site storage or treatment of solid or hazardous waste:

  (i) that is generated solely on-site; or

  (ii) that is generated off-site by:

  (I) any person under the same ownership or control as is the person applying; or

  (II) any person who is a joint venturer with, or partner of, the person applying; and

  (B) does not accept any other solid or hazardous waste for storage or treatment.

  (2) Any person who applies for a certification under this chapter to perform corrective action or closure or post-closure activities shall be exempt from the provisions of this section, except to the extent that other activities create jurisdiction under this section.

  (l) Continuing jurisdiction. After a certification or permit has been issued, the Secretary and the Commissioner of Public Safety shall retain the right to require the permittee to submit additional information concerning all persons holding equity in or debt liability of the permittee, if the Secretary or Commissioner has received reliable information, that was not available at the time the certification or permit was issued, indicating that additional investigation is warranted. Upon request by the Secretary or the Commissioner for the submission of additional information, the permittee shall exercise all due diligence to comply completely and in a timely manner with the request.

  (m) Annual statement. Any person subject to this section who has received a waste transporter permit under section 6607a of this title shall file a statement annually within 30 days prior to the month and day of issuance of that permit disclosing any changes in facts that would render the disclosure statement filed in connection with that permit inaccurate in any way, or stating that no such changes have occurred in the period of time covered by the annual statement. The annual statement shall be under oath or affirmation. (Added 1993, No. 157 (Adj. Sess.), § 1; amended 1995, No. 56, § 1, eff. April 20, 1995; 1995, No. 141 (Adj. Sess.), §§ 1-5, eff. April 30, 1996; 2017, No. 83, § 144; 2019, No. 131 (Adj. Sess.), § 29; 2023, No. 79, § 14, eff. July 1, 2023.)

• § 6605g. Incineration emissions

  (a) Findings. The General Assembly finds that given the regional nature of weather patterns, the incineration of solid waste, whether from incinerators located inside the State or outside its borders, causes negative effects on the health and welfare of the people of the State, and on the State’s natural resources. Accordingly, it is in the public interest to require the use of the best required technology in incinerators, wherever located, if they are to receive solid waste from the State of Vermont, pursuant to new contracts or contract renewal for the disposal of solid waste.

  (b) Best required technology requirement. To the extent consistent with federal law, no person shall enter a new contract or renew an existing contract for the incineration of solid waste produced within the State’s borders, at an incinerator, regardless of location, that fails to use the best technology currently required by federal law of any solid waste incinerator in the country, in reducing hazardous emissions from the incinerator. (Added 1997, No. 151 (Adj. Sess.), § 5.)

• § 6605h. Composting registration

  Notwithstanding sections 6605, 6605f, and 6611 of this title, the Secretary may, by rule, authorize a person engaged in the production or management of compost at a small scale composting facility to register with the Secretary instead of obtaining a facility certification under section 6605 or 6605c of this title. This section shall not apply to a farm producing compost under subdivision 6001(22)(H) of this title. (Added 2009, No. 41, § 2; amended 2021, No. 41, § 5, eff. May 20, 2021.)

• § 6605i. [Reserved for future use.]

• § 6605j. Accepted composting practices

  (a) The Secretary, in consultation with the Secretary of Agriculture, Food and Markets, shall adopt by rule, pursuant to 3 V.S.A. chapter 25, and shall implement and enforce accepted composting practices for the management of composting in the State. These accepted composting practices shall address:

  (1) standards for the construction, alteration, or operation of a composting facility;

  (2) standards for facility operation, including acceptable quantities of product or inputs, vector management, odors, noise, traffic, litter control, contaminant management, operator training and qualifications, recordkeeping, and reporting;

  (3) standards for siting of composting facilities, including siting and operation of compost storage areas, compost bagging areas, and roads and parking areas;

  (4) standards for the composting process, including rotation, management of compost piles, compost pile size, and monitoring of compost operations;

  (5) standards for management of runoff from compost facilities, including liquids management from the feedstock area, active composting areas, curing area, and compost storage area; the use of swales or stormwater management around or within a compost facility; vegetative buffer requirements; and run-off management from tipping areas;

  (6) specified areas of the State unsuitable for the siting of commercial composting that utilizes post-consumer food residuals or animal mortalities, such as designated downtowns, village centers, village growth areas, or areas of existing residential density; and

  (7) definitions of “small-scale composting facility,” “medium-scale composting facility,” and “de minimis composting exempt from regulation.”

  (b) A person operating a small scale composting facility who follows the accepted composting practices shall not be required to obtain a discharge permit under section 1263 or 1264 of this title, a solid waste facility certification under chapter 159 of this title, or an air emissions permit under chapter 23 of this title unless a permit is required by federal law or the Secretary of Natural Resources determines that a permit is necessary to protect public health or the environment.

  (c) [Repealed.]

  (d) The Secretary shall not regulate under this section a farm producing compost under subdivision 6001(22)(H) of this title. (Added 2009, No. 41, § 3; amended 2021, No. 41, § 6, eff. May 20, 2021.)

• § 6605k. Food residuals; management hierarchy

  (a) It is the policy of the State that food residuals collected under the requirements of this chapter shall be managed according to the following order of priority uses:

  (1) reduction of the amount generated at the source;

  (2) diversion for food consumption by humans;

  (3) diversion for agricultural use, including consumption by animals;

  (4) composting, land application, and digestion; and

  (5) energy recovery.

  (b) A person who produces more than an amount identified under subsection (c) of this section in food residuals shall:

  (1) separate food residuals from other solid waste, provided that a de minimis amount of food residuals may be disposed of in solid waste when a person has established a program to separate food residuals and the program includes a component for the education of program users regarding the need to separate food residuals; and

  (2) arrange for the transfer of food residuals to a location that manages food residuals in a manner consistent with the priority uses established under subdivisions (a)(2)-(5) of this section or shall manage food residuals on site.

  (c) The following persons shall be subject to the requirements of subsection (b) of this section:

  (1) beginning July 1, 2014, a person whose acts or processes produce more than 104 tons per year of food residuals;

  (2) beginning July 1, 2015, a person whose acts or processes produce more than 52 tons per year of food residuals;

  (3) beginning July 1, 2016, a person whose acts or processes produce more than 26 tons per year of food residuals;

  (4) beginning July 1, 2017, a person whose acts or processes produce more than 18 tons per year of food residuals; and

  (5) beginning July 1, 2020, any person who generates any amount of food residuals. (Added 2011, No. 148 (Adj. Sess.), § 6; amended 2017, No. 208 (Adj. Sess.), § 4, eff. July 1, 2020.)

• § 6605l. Public collection containers for solid waste

  (a) As used in this section:

  (1) “Public building” means a State, county, or municipal building; airport terminal; bus station; railroad station; school building; or school.

  (2) “Public land” means all land that is owned or controlled by a municipal or State governmental body.

  (b) Beginning July 1, 2015, when a container or containers in a public building or on public land are provided to the public for use for solid waste destined for disposal, an equal number of containers shall be provided for the collection of mandated recyclables. The containers shall be labeled to clearly show the containers are for recyclables and shall be placed as close to each other as possible in order to provide equally convenient access to users. Bathrooms in public buildings and on public land shall be exempt from the requirement of this section to provide an equal number of containers for the collection of mandated recyclables. (Added 2011, No. 148 (Adj. Sess.), § 7.)

• § 6605m. Architectural waste recycling

  (a) Definitions. In addition to the definitions in section 6602 of this chapter, as used in this section:

  (1) “Architectural waste” means discarded drywall, metal, asphalt shingles, clean wood, and plywood, and oriented strand board derived from the construction or demolition of buildings or structures.

  (2) “Commercial project” means construction, renovation, or demolition of a commercial building or of a residential building with two or more residential units.

  (b) Materials recovery requirement. Beginning on or after January 1, 2015, if a person produces 40 cubic yards or more of architectural waste at a commercial project located within 20 miles of a solid waste facility that recycles architectural waste, the person shall:

  (1) arrange for the transfer of architectural waste from the project to a certified solid waste facility, which shall be required to recycle the architectural waste or arrange for its reuse unless the facility demonstrates to the Secretary a lack of a market for recycling or reuse and a plan for reentering the market when it is reestablished; or

  (2) arrange for a method of disposition of the architectural waste that the Secretary of Natural Resources deems appropriate as an end use, including transfer of the architectural waste to an out-of-state facility that recycles architectural waste and similar materials.

  (c) Transition; application. The requirements of this section shall not apply to a commercial project subject to a contract entered into on or before January 1, 2015 for the disposal or recycling of architectural waste from the project.

  (d) Guidance on separation of hazardous materials. The Secretary of Natural Resources shall publish informational material regarding the need for a solid waste facility that recycles architectural waste to manage properly and provide for the disposition of hazardous waste and hazardous material in architectural waste delivered to a facility. (Added 2013, No. 175 (Adj. Sess.), § 2.)

• § 6606. Hazardous waste certification

  (a) No person shall store, treat, or dispose of any hazardous waste without first obtaining certification from the Secretary for such facility, site or activity. Certification shall be valid for a period not to exceed 10 years.

  (b) Certification of all hazardous waste facilities shall include:

  (1) Identification of all hazardous waste to be handled at the facility, including the expected amounts of each type of waste and the form in which it will be accepted.

  (2) Detailed descriptions of all processes and technologies to be utilized by the facility and provisions to ensure that the operation of the facility is carried out in accordance with approved design and operation plans.

  (3) [Repealed.]

  (4) Evidence of liability insurance in amounts as the Secretary may determine to be necessary for the protection of human health and safety and the environment.

  (5) Evidence of financial responsibility in such form and amount as the Secretary may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the facility or site, all appropriate measures are taken to prevent present and future damage to public health and safety and the environment, including full and proper closure of the facility and, in the case of land treatment or disposal facilities, post-closure care of the facility for a period of time to be determined by the Secretary.

  (6) Evidence that the personnel employed at the hazardous waste treatment or disposal facility or site have met such qualifications as to education and training as the Secretary may determine to be necessary to ensure the safe and adequate operation of the facility or site.

  (7) A description of the location, design, and construction of such hazardous waste treatment, disposal, or storage facility.

  (8) Contingency plans for effective action to minimize unanticipated damage from any treatment, storage, or disposal of any such hazardous waste.

  (9) Such additional conditions, requirements, and restrictions as the Secretary may deem necessary to preserve and protect the ground and surface water. This may include requirements concerning reporting, recording, and inspections of the operation of the facility. Guidelines for the establishment of conditions, requirements, and restrictions shall be adopted by the Secretary according to procedures established in 3 V.S.A. chapter 25, the Vermont Administrative Procedure Act.

  (c) The Secretary shall not issue a certification to a new nonmunicipal facility, or recertify an existing nonmunicipal facility, without first ascertaining that the applicant meets the requirements established in subdivisions 6605f(a)(1) and (2) of this title. (Added 1977, No. 106, § 1; amended 1981, No. 102, § 3; 1983, No. 148 (Adj. Sess.), § 3; 1993, No. 157 (Adj. Sess.), § 4; 1995, No. 141 (Adj. Sess.), § 6, eff. April 30, 1996; 2009, No. 146 (Adj. Sess.), § F12; 2019, No. 131 (Adj. Sess.), § 30.)

• § 6606a. Certificate of need

  (a) No person may begin site preparation for or construction of a hazardous waste management facility for the purpose of treatment or disposal of hazardous waste within the State, unless the Secretary first issues a certificate of need for the facility under this section. This section shall not apply to:

  (1) The replacement of existing facility with an equivalent facility in the usual course of business.

  (2) A hazardous waste management facility that is operated only by or on behalf of the owner of the facility for the treatment or disposal of hazardous waste materials generated in Vermont by the owner of the facility. Such facility shall be located on a site of generation.

  (b) Petition for certificate of need.

  (1) A person shall submit a completed petition for a certificate of need in accordance with the rules adopted by the Secretary and a copy of any agreement reached in negotiations between the proposed host municipality and the applicant.

  (2) At least 30 days prior to the date of filing the petition with the Secretary, the person shall file a notice of intent to construct a hazardous waste management facility with the proposed host municipality, abutting municipalities, and the Secretary. The notice of intent shall include:

  (A) a detailed description of the proposed facility and location, including architectural drawings;

  (B) a description of the treatment or disposal processes to be employed;

  (C) the amount and types of hazardous wastes to be handled;

  (D) alternative sites and technologies that were considered;

  (E) reasons for choosing the proposed location and technologies, including planned negotiations with the proposed host municipality; and

  (F) the conformance of the proposed facility with any applicable provisions of the hazardous waste management plan adopted by the Secretary of Natural Resources.

  (c) The Secretary shall make all practical efforts to process petitions in a prompt manner, including the establishment of time limits for petition processing and procedures and time periods within which to notify petitioners whether a petition is complete. After determining that a petition is complete, the Secretary shall promptly hold one or more public hearings on the petition for a certificate of need in the proposed host municipality.

  (1) Not less than 30 days before the hearing, notice shall be given to the Department of Health, Historic Preservation Division, State Planning Office, and Agency of Transportation. Similar notice shall also be given by certified mail to adjoining landowners, the legislative body of the proposed host municipality, and the chairs or directors of the municipal and regional planning commissions.

  (2) Notice of the public hearing shall be published in a newspaper of general circulation in the county in which the proposed facility will be located two weeks successively, the last publication to be at least 12 days before the day appointed for the hearing.

  (d) The Secretary shall, with approval of the Governor, only issue a certificate of need if the Secretary concludes the proposed facility is needed for the general good of the State, upon written findings that:

  (1) The proposed facility use is consistent with any applicable provisions of the hazardous waste management plan adopted by the Secretary.

  (2) The proposed facility location:

  (A) is suitable for the type and amount of hazardous waste intended for treatment or disposal at the facility;

  (B) is accessible by transportation routes that minimize the threat to the public health and safety and to the environment;

  (C) reasonably accommodates the plans and preferences of the proposed host municipality, as expressed by local government entities.

  (3) The need for the facility is demonstrated by the need to ensure the environmentally sound treatment or disposal of hazardous waste generated within Vermont, recognizing the effects of any state hazardous materials management plan, and:

  (A) the further need to meet Vermont’s obligations under an interstate agreement or regional compact; or

  (B) the lack of adequate current or projected treatment or disposal capacity within the region to handle the hazardous waste generated by Vermont businesses that is proposed for the facility.

  (e) The Secretary shall establish conditions in the certificate of need:

  (1) limiting the capacity of the hazardous waste facility to the reasonably anticipated needs and interstate commitments of the State for hazardous waste management. However, upon application of the holder of the certificate, the conditions may later be adjusted by the Secretary if the limits on capacity are found to prevent profitable operation of the facility;

  (2) restricting the facility from accepting hazardous wastes from generators who have not demonstrated an effective hazardous waste source reduction program.

  (f), (g) [Repealed.]

  (h) Neither local plans nor solid waste district plans nor regional plans shall exclude hazardous waste facilities for which a certificate of need has been obtained.

  (i), (j) [Repealed.] (Added 1989, No. 282 (Adj. Sess.), § 13, eff. June 22, 1990; amended 1995, No. 189 (Adj. Sess.), §§ 6, 8; 1997, No. 155 (Adj. Sess.), § 37; 2003, No. 115 (Adj. Sess.), § 61, eff. Jan. 31, 2005.)

• § 6606b. Permits issued by the Secretary related to hazardous waste facilities

  The Secretary shall coordinate and administer the programs under the jurisdiction of the Agency of Natural Resources so that, to the extent possible, there is concurrent review, concurrent public participation, and concurrent permit issuances for hazardous waste management facilities. The Secretary shall assign a permit manager to handle all applications related to a particular waste management facility. (Added 1989, No. 282 (Adj. Sess.), § 14, eff. June 22, 1990; amended 1993, No. 92, § 13; 2003, No. 115 (Adj. Sess.), § 62, eff. Jan. 31, 2005.)

• § 6606c. Management of unregulated hazardous waste

  (a) By January 1, 1993, the owner of a solid waste management facility that receives mixed solid waste must institute the unregulated hazardous waste diversion program element of its regional plan or its solid waste implementation plan, to remove unregulated hazardous waste from the mixed solid waste entering the facility.

  (b) By January 1, 1993, the Agency of Natural Resources shall have developed a program plan for the random sampling of mixed solid waste entering solid waste management facilities in the State in order to determine compliance with the regional or solid waste implementation plan programs instituted by facilities to remove unregulated hazardous waste from the mixed solid waste stream.

  (c) By January 31, 1993, the Agency of Natural Resources shall implement the random sampling process developed in subsection (b) of this section. (Added 1991, No. 100, § 11.)

• § 6607. Transportation of hazardous wastes

  (a) In accordance with the Administrative Procedure Act, the Agency of Transportation, in consultation with the Secretary, shall issue rules for the transportation of hazardous wastes. Such rules shall be consistent with applicable rules issued by the U.S. Department of Transportation, and consistent with any rules and standards of this chapter.

  (b) The provisions of this section shall apply equally to those persons transporting hazardous wastes generated by others and to those transporting hazardous wastes they have generated themselves, or combinations thereof, as well as persons transporting hazardous wastes through the State of Vermont.

  (c) For purposes of their transportation, the following, in waste or usable form, shall not be considered hazardous wastes, but shall be handled as solid waste: mercury-added consumer products, pesticides, paint (whether water based or oil based), paint thinner, paint remover, stains, and varnishes. This exclusion shall not apply with respect to hazardous wastes that are regulated under federal law. (Added 1977, No. 106, § 1; amended 1991, No. 75, § 1; 1991, No. 210 (Adj. Sess.), § 3; 1993, No. 157 (Adj. Sess.), § 5; 1995, No. 141 (Adj. Sess.), § 7, eff. April 30, 1996; 1997, No. 151 (Adj. Sess.), § 1.)

• § 6607a. Waste transportation; commercial hauler permit requirement

  (a) A commercial hauler desiring to transport waste within the State shall apply to the Secretary for a permit to do so by submitting an application on a form prepared for this purpose by the Secretary and by submitting the disclosure statement described in section 6605f of this title. These permits shall have a duration of five years and shall be renewed annually. The application shall indicate the nature of the waste to be hauled. The Secretary may specify conditions that the Secretary deems necessary to ensure compliance with State law.

  (b) As used in this section:

  (1) “Commercial hauler” means:

  (A) any person that transports regulated quantities of hazardous waste; and

  (B) any person that transports solid waste for compensation in a motor vehicle.

  (2) The commercial hauler required to obtain a permit under this section is the legal or commercial entity that is transporting the waste, rather than the individual employees and subcontractors of the legal or commercial entity. In the case of a sole proprietorship, the sole proprietor is the commercial entity.

  (3) The Secretary shall not require a commercial hauler to obtain a permit under this section, comply with the disclosure requirements of this section, comply with the reporting and registration requirements of section 6608 of this title, or pay the fee specified in 3 V.S.A. § 2822, if:

  (A) the commercial hauler does not transport more than four cubic yards of solid waste at any time; and

  (B) the solid waste transportation services performed are incidental to other nonwaste services performed by the commercial hauler.

  (c) Wastes shall be subject to inspection, by an agent of the Secretary or any duly authorized law enforcement officer, during transportation or upon delivery to a facility, for compliance with the requirements of State law.

  (d) It shall be unlawful for any person to operate a motor vehicle subject to the provisions of this section upon any public highway in the State without first obtaining the permit from the Secretary, or to so operate without having in the vehicle a permit issued under this section.

  (e) A violation of this section shall be considered a traffic violation within the meaning of 23 V.S.A. chapter 24.

  (f) Any person who violates any provision of this section shall be subject to a penalty of not more than $200.00 for a traffic violation. The penalties imposed by this subsection shall be in addition to other penalties imposed by this chapter.

  (g)(1) Except as set forth in subdivisions (2), (3), and (4) of this subsection, a commercial hauler that offers the collection of municipal solid waste:

  (A) Beginning on July 1, 2015, shall offer to collect mandated recyclables separate from other solid waste and deliver mandated recyclables to a facility maintained and operated for the management and recycling of mandated recyclables.

  (B) Beginning on July 1, 2020, shall offer to nonresidential customers and apartment buildings with four or more residential units collection of food residuals separate from other solid waste and deliver to a location that manages food residuals in a manner consistent with the priority uses established under subdivisions 6605k(a)(2)-(5) of this title. Commercial haulers shall not be required to offer collection of food residuals if another commercial hauler provides collection services for food residuals in the same area and has sufficient capacity to provide service to all customers.

  (2) In a municipality that has adopted a solid waste management ordinance addressing the collection of mandated recyclables or food residuals, a commercial hauler in that municipality is not required to comply with the requirements of subdivision (1) of this subsection and subsection (h) of this section for the material addressed by the ordinance if the ordinance:

  (A) is applicable to all residents of the municipality;

  (B) prohibits a resident from opting out of municipally provided solid waste services; and

  (C) does not apply a variable rate for the collection for the material addressed by the ordinance.

  (3) A commercial hauler is not required to comply with the requirements of subdivision (1)(A) or (B) of this subsection in a specified area within a municipality if:

  (A) the Secretary has approved a solid waste implementation plan for the municipality;

  (B) for purposes of waiver of the requirements of subdivision (1)(A) of this subsection (g), the Secretary determines that under the approved plan:

  (i) the municipality is achieving the per capita disposal rate in the State Solid Waste Plan; and

  (ii) the municipality demonstrates that its progress toward meeting the diversion goal in the State Solid Waste Plan is substantially equivalent to that of municipalities complying with the requirements of subdivision (1)(A) of this subsection (g);

  (C) the approved plan delineates an area where solid waste management services required by subdivision (1)(A) or (B) of this subsection (g) are not required; and

  (D) in the delineated area, alternatives to the services, including on-site management, required under subdivision (1)(A) or (B) of this subsection (g), are offered, the alternative services have capacity to serve the needs of all residents in the delineated area, and the alternative services are convenient to residents of the delineated area.

  (4) A commercial hauler is not required to comply with the requirements of subdivision (1)(A) or (B) of this subsection for mandated recyclables or food residuals collected as part of a litter collection.

  (h) A commercial hauler certified under this section that offers the collection of municipal solid waste may not charge a separate line item fee on a bill to a residential customer for the collection of mandated recyclables, provided that a commercial hauler may charge a fee for all service calls, stops, or collections at a residential property and a commercial hauler may charge a tiered or variable fee based on the size of the collection container provided to a residential customer or the amount of waste collected from a residential customer. A commercial hauler certified under this section may incorporate the cost of the collection of mandated recyclables into the cost of the collection of solid waste and may adjust the charge for the collection of solid waste. A commercial hauler certified under this section that offers the collection of solid waste may charge a separate fee for the collection of food residuals from a residential customer.

  (i) A commercial hauler that operates a bag-drop or fast-trash site at a fixed location to collect municipal solid waste shall offer at the site all collection services required under 10 V.S.A. § 6605(j). (Added 1987, No. 78, § 11; amended 1987, No. 246 (Adj. Sess.), § 4, eff. June 13, 1988; 1993, No. 81, § 4; 1993, No. 157 (Adj. Sess.), § 6; 1995, No. 141 (Adj. Sess.), § 8, eff. April 30, 1996; 2011, No. 148 (Adj. Sess.), § 8; 2013, No. 175 (Adj. Sess.), § 6; 2015, No. 57, § 23; 2015, No. 95 (Adj. Sess.), § 2, eff. May 10, 2016; 2017, No. 47, § 3b, eff. May 23, 2017; 2017, No. 208 (Adj. Sess.), § 2, eff. May 30, 2018; 2019, No. 83, § 17, eff. July 1, 2020; 2021, No. 170 (Adj. Sess.), § 7, eff. July 1, 2022.)

• § 6608. Records; reports; monitoring

  (a) For purposes of implementation of this chapter, the Secretary shall adopt, and revise as appropriate, rules that prescribe:

  (1) the establishment and maintenance of such records;

  (2) the making of such reports;

  (3) the taking of such samples, and the performing of such tests or analyses;

  (4) the installing, calibrating, using, and maintaining of such monitoring equipment or methods; and

  (5) the providing of such other information as may be necessary.

  (b) Six months after adoption of the rules relating to hazardous waste, it shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without reporting such activity to the Secretary according to the procedures described in said rules.

  (c) Information obtained by the Secretary under this section shall be available to the public, unless the Secretary certifies such information as being proprietary. The Secretary may make such certification where any person shows, to the satisfaction of the Secretary, that the information, or parts thereof, would divulge methods or processes entitled to protection as trade secrets. Nothing in this section shall be construed as limiting the disclosure of information by the Secretary to office employees as authorized representatives of the State concerned with implementing the provisions of this chapter or to the Department of Taxes for purposes of enforcing the solid waste tax imposed by 32 V.S.A. chapter 151, subchapter 13.

  (d) Where the Secretary has determined that the disposal of a hazardous waste at an uncontrolled hazardous waste site presents a hazard to health or the environment, the Secretary shall provide notice to a town of the location of that uncontrolled site which has been found to exist in the town and to be regulated under this chapter. The notice shall identify the location of the site, the wastes involved, the actions proposed to be taken by the Secretary under this chapter and the location where the records on the site are being maintained by State government. The Secretary shall also notify the town when conditions noticed under this subsection are no longer a hazard. These notices shall be recorded in accord with 24 V.S.A. § 1154.

  (e) When necessary to carry out the purposes of this chapter, the Secretary may require the owner or operator of a solid waste facility to provide the Secretary with information concerning the revenues and costs of its operation and management, and the revenues and costs necessary for its future compliance with State and federal laws pertaining to those facilities. Disclosure of information generated pursuant to this subsection is prohibited, except to a licensed attorney representing the Secretary, or to the Secretary’s designee, if that designee is directly responsible for solid waste planning at any level and has furnished the Secretary a written assurance of compliance with the prohibition contained in this subsection.

  (f) All generators of regulated hazardous waste shall register with the Secretary, renew the registration annually, and pay the fee specified in 3 V.S.A. § 2822. (Added 1977, No. 106, § 1; amended 1983, No. 148 (Adj. Sess.), § 12; 1987, No. 246 (Adj. Sess.), § 1, eff. June 13, 1988; 2001, No. 65, § 31; 2013, No. 34, § 7; 2015, No. 57, § 37, eff. June 11, 2015; 2015, No. 97 (Adj. Sess.), § 34; 2017, No. 74, § 18.)

• § 6608a. Economic poisons

  (a) The Secretary of Agriculture, Food and Markets shall be responsible for and have the authority to implement and enforce those statutes enacted by the General Assembly, including sections 6610a and 6612 of this title, and those rules concerning the generation, transportation, treatment, storage, and disposal of economic poisons that are adopted by the Secretary of Natural Resources in order to operate a hazardous waste management program that is equivalent to the federal program under Subtitle C of the Resource Conservation and Recovery Act of 1976 as subsequently amended and codified in 42 U.S.C. chapter 82, subchapter 3. Procedures and funding for the interdepartmental implementation of a waste economic poison management program shall be established between the Secretary of Natural Resources and the Secretary of Agriculture, Food and Markets.

  (b) The Secretary of Natural Resources shall not adopt rules concerning the management of waste economic poisons that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976 without the concurrence of the Secretary of Agriculture, Food and Markets.

  (c) Nothing in this section is intended to interfere with the Secretary of Agriculture, Food and Markets’ authority relating to insecticides, fungicides, and rodenticides under 6 V.S.A. chapter 81 and relating to pesticides under 6 V.S.A. chapter 87 or shall prohibit the Secretary of Agriculture, Food and Markets from adopting rules concerning the management of waste economic poisons that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976. Nothing in this section is intended to interfere with the Agency of Transportation’s authority under section 6607 of this title. (Added 1977, No. 106, § 1; amended 1983, No. 148 (Adj. Sess.), § 4; 2015, No. 23, § 100; 2015, No. 97 (Adj. Sess.), § 35; 2017, No. 113 (Adj. Sess.), § 47a.)

• § 6608b. Radioactive wastes mixed with hazardous wastes

  (a) The Commissioner of Health shall be responsible for and have the authority to implement and enforce those statutes enacted by the General Assembly, including sections 6610a and 6612 of this title, and those rules concerning the generation, transportation, treatment, storage, and disposal of radioactive wastes mixed with hazardous wastes that are adopted by the Secretary in order to operate a hazardous waste management program that is equivalent to the federal program under Subtitle C of the Resource Conservation and Recovery Act of 1976 as subsequently amended and codified in 42 U.S.C. chapter 82, subchapter 3. Procedures and funding for the interdepartmental implementation of a mixed radioactive waste management program shall be established between the Secretary and the Commissioner of Health.

  (b) The Secretary shall not adopt rules concerning the management of radioactive wastes mixed with hazardous wastes that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976 without the concurrence of the Commissioner of Health.

  (c) Nothing in this section is intended to interfere with the authority of the Commissioner of Health relating to general powers under 18 V.S.A. chapter 3, relating to appointing health officers for unorganized towns or gores under 18 V.S.A. chapter 11, and relating to radiation control under 18 V.S.A. chapter 32, nor shall prohibit the Secretary of Human Services from adopting rules concerning the management of radioactive wastes mixed with hazardous wastes that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976. Nothing in this section is intended to interfere with the Agency of Transportation’s authority under section 6607 of this chapter.

  (d) This section does not modify or otherwise affect the requirements of chapter 157 of this title, relating to storage of radioactive material. (Added 1983, No. 148 (Adj. Sess.), § 5; amended 1987, No. 282 (Adj. Sess.), § 15; 2015, No. 23, § 101; 2015, No. 97 (Adj. Sess.), § 36; 2017, No. 113 (Adj. Sess.), § 48.)

• § 6609. Inspections; right of entry

  For the purposes of developing or enforcing any rule or regulation authorized by this chapter, any duly authorized representative of the Secretary may upon presentation of appropriate credentials at any reasonable time:

  (1) enter any place where wastes are generated, stored, treated, or disposed of;

  (2) inspect and obtain samples from any person storing, treating, or disposing of any waste, including hazardous waste samples from any vehicle in which wastes are being transported;

  (3) inspect and copy any records, reports, information, or test results relating to the purposes of this chapter;

  (4) inspect any portion of a facility where wastes are generated, stored, treated, or disposed of including any equipment or other appurtenances contained in the facility;

  (5) upon any refusal of entry, inspection, sampling, or copying pursuant to this section, the Secretary or the duly authorized representative of the Secretary may apply for and obtain a warrant or subpoena to allow such entry, inspection, sampling, or copying in the manner established by the Vermont Rules of Criminal Procedure. (Added 1977, No. 106, § 1; amended 1987, No. 282 (Adj. Sess.), § 16.)

• § 6610. Repealed. 1987, No. 78, § 12.

• § 6610a. Enforcement

  (a) Notwithstanding any other provision of this chapter, the Secretary, upon receipt of information that the storage, transportation, treatment, or disposal of any solid waste or hazardous waste may present a hazard to the health of persons or to the environment or may be in violation of any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order or certification issued under this chapter, may take such action as the Secretary determines to be necessary. The action the Secretary may take includes:

  (1) After notice and opportunity for hearing, issuing an order directing any person to take such steps as are necessary to prevent the act, correct the condition, or eliminate the practice that constitutes such hazard or violation. Such action may include, with respect to a facility or site, permanent or temporary cessation of operation.

  (2) Requesting that the Attorney General or appropriate State’s Attorney commence an action for injunctive relief, or for the imposition of penalties and fines as provided in section 6612 of this title and other relief as appropriate. The court may issue a temporary injunction or order in any such proceedings and may exercise all the plenary powers available to it in addition to the power to:

  (A) enjoin future activities;

  (B) order the design, construction, installation, or operation of abatement of facilities or alternate disposal systems;

  (C) order removal of all wastes and restoration of the environment and health;

  (D) fix and order compensation for any public property destroyed, damaged, or injured;

  (E) assess and award punitive damages; and

  (F) order reimbursement to any agency of federal, state, or local government from any person whose act caused governmental expenditures under section 1283 of this title.

  (3) Other enforcement action authorized under chapter 201 or 211 of this title.

  (b) The hearing by the Secretary under subdivision (a)(1) of this section shall be conducted as a contested case. The Secretary may issue an emergency order without a prior hearing when an ongoing violation presents an immediate threat of substantial harm to the environment or an immediate threat to the public health. An emergency order shall be effective upon actual notice to the person against whom the order is issued. Any person to whom an emergency order is issued shall be given the opportunity for a hearing within five business days of the date the order is issued.

  (c) This subsection shall apply only to facilities subject to exemption from the provisions of chapter 151 of this title, as provided by the provisions of subsection 6081(h) of this title. With respect to facilities subject to this subsection, notwithstanding any other provision of this chapter, the Secretary may take such action as the Secretary determines to be necessary, upon receipt of information that the storage, transportation, treatment, or disposal of any solid waste or hazardous waste may present a hazard to the health of persons or to the environment or may be in violation of any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order or certification issued under this chapter, or upon receipt of information that a solid waste disposal facility has failed to perform closure and post-closure operations as deemed necessary by the Secretary to preserve and protect the air, groundwater, surface water, public health, and the environment. The action the Secretary may take includes:

  (1) After notice and opportunity for hearing, issuing an order directing any person to take such steps as are necessary to prevent the act, correct the condition, or eliminate the practice that constitutes such hazard or violation. Such action may include, with respect to a facility or site, permanent or temporary cessation of operation.

  (2) Requesting that the Attorney General or appropriate State’s Attorney commence an action for injunctive relief, or for the imposition of penalties and fines as provided in section 6612 of this title and other relief as appropriate. The court may issue a temporary injunction or order in any such proceedings and may exercise all the plenary powers available to it in addition to the power to:

  (A) enjoin future activities;

  (B) order the design, construction, installation, or operation of abatement facilities or alternate disposal systems, final cover systems and lining measures, monitoring, reporting and evaluation, remediation measures, financial responsibility and capability mechanisms, and other requirements deemed necessary and no less stringent than minimum program requirements by the Secretary;

  (C) order removal of all wastes and restoration of the environment and health;

  (D) fix and order compensation for any public property destroyed, damaged, or injured;

  (E) assess and award punitive damages; and

  (F) order reimbursement to any agency of federal, state, or local government from any person whose act caused governmental expenditures under section 1283 of this title. (Added 1983, No. 148 (Adj. Sess.), § 7; amended 1987, No. 78, § 13; 1987, No. 282 (Adj. Sess.), § 19; 1993, No. 208 (Adj. Sess.), § 5; 2015, No. 97 (Adj. Sess.), § 37; 2017, No. 113 (Adj. Sess.), § 49; 2019, No. 131 (Adj. Sess.), § 31.)

• § 6611. Financial responsibility

  (a) Any person who operates a facility approved under this chapter shall provide evidence of an escrow account or other form of financial responsibility in such form and amount as the Secretary may determine to ensure that, upon abandonment, cessation, or interruption of the operation of the facility, adequate funds are available to undertake all appropriate measures to prevent present and future damage to the public health and safety and to the environment. Any such financial plan shall include provisions for the equitable distribution of any excess in the escrow account or other financial security to communities whose residents made substantial payments into the escrow account or for that security.

  (b) A solid waste management district, by contract, may require that a facility owner or operator that serves the district, establish an escrow account in a reasonable amount in order to provide funds for timely compliance with the provisions of this chapter. Expenditures from the escrow account shall be for those capital improvements required to be made by the owner by the certification, interim certification, or order issued or otherwise required in accordance with this chapter.

  (c) A facility owner or operator, upon an initial showing of financial responsibility, shall report to the Secretary with respect to funds set aside by that date for those purposes. (Added 1977, No. 106, § 1; amended 1987, No. 78, § 14; 1987, No. 246 (Adj. Sess.), § 5a, eff. June 13, 1988; 1989, No. 61, § 2, eff. May 22, 1989; 2019, No. 131 (Adj. Sess.), § 32.)

• § 6612. Penalties

  (a) Any person who violates any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order of certification granted by the Secretary shall be subject to a criminal penalty not to exceed $25,000.00 or imprisonment for not more than six months, or both.

  (b) Any person who violates any provision of this chapter relating to solid or hazardous waste management, the rules adopted under this chapter, or the terms or conditions of any order relating to solid or hazardous waste management or terms and conditions of any solid or hazardous waste facility certification shall be subject to a civil penalty not to exceed $10,000.00.

  (c) Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day’s continuance thereof may be deemed a separate and distinct offense.

  (d) Any person who commits any of the following in violation of any provision of this chapter, the rules adopted under this chapter, or the terms or conditions of any order or certification under this title shall be subject to a criminal penalty not to exceed $250,000.00 or imprisonment for not more than five years, or both:

  (1) the knowing or reckless transport, treatment, storage, or disposal of any hazardous waste;

  (2) the knowing or reckless transport, treatment, storage, or disposal of more than one cubic yard of solid waste or more than 275 pounds of solid waste;

  (3) the knowing or reckless release of any hazardous material. (Added 1977, No. 106, § 1; amended 1981, No. 102, § 1; 1983, No. 148 (Adj. Sess.), § 8; 1987, No. 78, § 15; 1989, No. 286 (Adj. Sess.), § 5; 2015, No. 97 (Adj. Sess.), § 38.)

• § 6613. Variances

  (a) A person who owns or is in control of any plant, building, structure, process, or equipment may apply to the Secretary for a variance from the rules adopted under this chapter. The Secretary may grant a variance if he or she finds that:

  (1) The variance proposed does not endanger or tend to endanger human health or safety.

  (2) Compliance with the rules from which variance is sought would produce serious hardship without equal or greater benefits to the public.

  (3) The variance granted does not enable the applicant to generate, transport, treat, store, or dispose of hazardous waste in a manner which is less stringent than that required by the provisions of Subtitle C of the Resource Conservation and Recovery Act of 1976, and amendments thereto, codified in 42 U.S.C. Chapter 82, subchapter 3, and regulations promulgated under such subtitle.

  (b) A person who owns or is in control of any facility may apply to the Secretary for a variance from the requirements of subdivision 6605(j)(2) or (3) of this title if the applicant demonstrates alternative services, including on-site management, are available in the area served by the facility, the alternative services have capacity to serve the needs of all persons served by the facility requesting the variance, and the alternative services are convenient to persons served by the facility requesting the variance.

  (c) No variance shall be granted pursuant to this section except after public notice and an opportunity for a public meeting and until the Secretary has considered the relative interests of the applicant, other owners of property likely to be affected, and the general public.

  (d) Any variance or renewal thereof shall be granted within the requirements of subsection (a) of this section and for time periods and under conditions consistent with the reasons therefor, and within the following limitations:

  (1) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, abatement, or control of the air and water pollution involved, it shall be only until the necessary practicable means for prevention, abatement, or control become known and available, and subject to the taking of any substitute or alternate measures that the Secretary may prescribe.

  (2) If the variance is granted on the ground that compliance with the particular requirement or requirements from which variance is sought will necessitate the taking of measures that, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the Secretary, is requisite for the taking of the necessary measures. A variance granted on the ground specified under this section shall contain a time schedule for the taking of action in an expeditious manner and shall be conditioned on adherence to the time schedule.

  (3) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in subdivisions (1) and (2) of this subsection, it shall be for not more than one year, except that in the case of a variance from the siting requirements for a solid waste management facility, the variance may be for as long as the Secretary determines necessary, including a permanent variance.

  (e) Any variance granted pursuant to this section may be renewed on terms and conditions and for periods that would be appropriate on initial granting of a variance. If a complaint is made to the Secretary on account of the variance, no renewal thereof shall be granted unless, following public notice and an opportunity for a public meeting on the complaint, the Secretary finds that renewal is justified. No renewal shall be granted except on application therefore. The application shall be made at least 60 days prior to the expiration of the variance. Immediately upon receipt of an application for renewal, the Secretary shall give public notice of the application.

  (f) A variance or renewal shall not be a right of the applicant or holder thereof but shall be in the discretion of the Secretary.

  (g) This section does not limit the authority of the Secretary under section 6610 of this title concerning imminent hazards from solid waste, nor under section 6610a of this title concerning hazards from hazardous waste and violations of statutes, rules, or orders relating to hazardous waste. (Added 1979, No. 197 (Adj. Sess.), § 4, eff. May 6, 1980; amended 1983, No. 148 (Adj. Sess.), §§ 9, 10; 1987, No. 76, § 18; 1997, No. 161 (Adj. Sess.), § 10, eff. Jan. 1, 1998; 1999, No. 148 (Adj. Sess.), § 84, eff. May 24, 2000; 2003, No. 115 (Adj. Sess.), § 63, eff. Jan. 31, 2005; 2011, No. 148 (Adj. Sess.), § 9; 2019, No. 131 (Adj. Sess.), § 33.)

• § 6614. Waiver

  The Secretary may waive the requirements of subsection 6605(d) of this title and the technical and siting requirements of the solid waste management rules adopted pursuant to subdivision 6603(1) of this title, provided the following conditions are met:

  (1) The Secretary intends to perform a removal or remedial action, pursuant to chapter 159 of this title, or the President of the United States intends to perform a response action, as defined in 42 U.S.C. § 9601(25), in response to a release or threatened release of hazardous substances; and

  (2) The Secretary makes a prior written determination that:

  (A) the proposed response action will not adversely affect the public health, safety, or the environment; and

  (B) the technical and siting requirements will be complied with to the extent practical in light of the overall objectives of the response. (Added 2001, No. 149 (Adj. Sess.), § 88, eff. June 27, 2002.)

• § 6615. Liability

  (a) Subject only to the defenses set forth in subsections (d) and (e) of this section, the following persons shall be liable for abating a release or threatened release of hazardous material and the costs of investigation, removal, and remedial actions incurred by the State that are necessary to protect the public health or the environment:

  (1) the owner or operator of a facility, or both;

  (2) any person who at the time of release or threatened release of any hazardous material owned or operated any facility at which such hazardous materials were disposed of;

  (3) any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous materials owned or possessed by such person, by any other person or entity, at any facility owned or operated by another person or entity and containing such hazardous materials;

  (4) any person who accepts or accepted any hazardous materials for transport to disposal or treatment facilities selected by such persons, from which there is a release or a threatened release of hazardous materials; and

  (5) any person who manufactured for commercial sale a hazardous material and who knew or should have known that the material presented a threat of harm to human health or the natural environment.

  (b) In the event that the responsible person or persons fails to act in a timely manner to take the necessary removal and remedial actions, the Secretary may take such actions, order the responsible person or persons to act, or seek a court order requiring such actions. Any responsible person who fails to comply with such a court order shall be liable in an amount equal to three times the cost of such removal. Funds recovered under this section shall be deposited in the Environmental Contingency Fund established under section 1283 of this title.

  (c) In any suit to enforce claims of the State under this section, it is not necessary for the State to plead or prove negligence in any form or manner on the part of the person specified in subsection (a) of this section. The State need only plead and prove the fact of the release or threatened release and that the person in question was as specified in subsection (a) of this section, or that the release or threatened release occurred at or involved any real property, structure, equipment, or conveyance under the control of that person. Any person who has released hazardous material as specified under subsection (a) of this section or is in any way responsible for any hazardous materials that the Agency of Natural Resources has removed or is removing pursuant to subsection 1283(b) of this title shall be strictly liable, jointly and severally, without regard to fault, for all cleanup, removal, and remedial costs. Where hazardous materials released by one person are or may be mixed with those released by another, the strict liability established under this section shall be with respect to the cleanup, removal, and remedial costs of all the materials involved; provided, however, it shall be a defense to joint and several liability under this section if the responsible person establishes by a preponderance of the evidence that he or she is responsible for only a certain portion of the costs of the cleanup, removal, and remedial action, considering such factors as the volume and toxicity of the material contributed by the person to the release, then that person’s liability shall be limited to the amount so established. Operators of municipal landfills or persons operating landfills on behalf of municipalities shall not be jointly and severally liable under this section to the extent that they are acting as landfill operator. Generators of household waste, as defined by rule of the Secretary, shall not be liable under this section.

  (d)(1) There shall be no liability under this section for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of hazardous material and the resulting damages were caused solely by any of the following:

  (A) An act of God.

  (B) An act of war.

  (C) An act or omission of a third party other than an employee or agent of the defendant, or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant. If the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail, for purposes of this section, there shall be considered to be no contractual relationship at all. This subdivision (d)(1)(C) shall only serve as a defense if the defendant establishes by a preponderance of the evidence:

  (i) that the defendant exercised due care with respect to the hazardous material concerned, taking into consideration the characteristics of that hazardous material, in light of all relevant facts and circumstances; and

  (ii) that the defendant took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from those acts or omissions.

  (D) Any combination of subdivisions (A)-(C) of this subdivision (1).

  (2) There shall be no liability under subdivision (a)(1) of this section, regarding a particular facility, for a person otherwise liable who can establish all of the following by a preponderance of the evidence:

  (A) the release or threat of release of hazardous material on, under, or from that person’s property and the resulting damages were caused solely by the migration of a release of hazardous materials that did not originate on that person’s property;

  (B) the release or threat of release of hazardous material and the resulting damages were caused solely by a third party who is not an employee or agent of the person and whose action was not associated with a contractual relationship with the person;

  (C) the hazardous substance was not deposited, intentionally contained, or disposed of on a facility while the facility was owned or operated by the person;

  (D) the person, at the time of any transfer of the property from the person, disclosed any knowledge or information the person had concerning the nature and extent of any such release;

  (E) the person has not caused or contributed to a release, such as through activities that knowingly exacerbated the existing contamination, and has not knowingly affected the release in such a way as to require additional remediation; and

  (F) the owner or operator of the facility provides access for, and does not interfere with, remediation activities.

  (3) A municipality shall not be liable under subdivision (a)(1) of this section as an owner, provided that the municipality can show all the following:

  (A) [Repealed.]

  (B) The municipality did not cause, contribute to, or worsen a release or threatened release of a hazardous material at the property.

  (C)(i) The municipality has entered into an agreement with the Secretary, prior to the acquisition of the property, requiring the municipality to conduct a site investigation with respect to any release or threatened release of a hazardous material and an agreement for the municipality’s marketing of the property acquired.

  (ii) The Secretary shall consult with the Secretary of Commerce and Community Development on the plan related to the marketing of the property.

  (iii) The municipality may assert a defense to liability only after implementing a site investigation at the property acquired and taking reasonable steps defined by the agreement with the Secretary to market the property.

  (iv) In developing an agreement regarding site investigation, the Secretary shall consider the degree and extent of the known releases of hazardous materials at the property, the financial ability of the municipality, and the availability of State and federal funding when determining what is required by the agreement for the investigation of the site.

  (4) A regional development corporation or regional planning commission shall not be liable under subdivision (a)(1) of this section as an owner, provided that the regional development corporation or regional planning commission can show all the following:

  (A) The regional development corporation or regional planning commission did not cause, contribute to, or worsen a release or threat of release at the property.

  (B) The regional development corporation received, in the 12 months preceding the acquisition of the property, a performance contract for economic development pursuant to 24 V.S.A. chapter 76. The requirement of this subdivision (d)(4)(B) shall not apply to regional planning commissions.

  (C)(i) The regional development corporation or regional planning commission has entered into an agreement with the Secretary, prior to the acquisition of the property, requiring the regional development corporation or regional planning commission to conduct a site investigation with respect to any release or threatened release of a hazardous material and an agreement for the regional development corporation’s or regional planning commission’s marketing of the property acquired.

  (ii) The Secretary shall consult with the Secretary of Commerce and Community Development on the plan related to the marketing of the property.

  (iii) The regional development corporation or regional planning commission may assert a defense to liability only after implementing a site investigation at the property acquired and taking reasonable steps defined by the agreement to market the property.

  (iv) In developing an agreement regarding site investigation, the Secretary shall consider the degree and extent of the known releases of hazardous materials at the property, the financial ability of the regional development corporation or the regional planning commission, and the availability of State and federal funding when determining what is required by the agreement for the investigation of the site.

  (5) A person shall not be liable under subdivision (a)(5) of this section, provided that the person demonstrates that he or she provided an adequate warning of the harm posed by the hazardous material known or that should have been known at the time the hazardous material was manufactured.

  (e) Any person who is the owner or operator of a facility where a release or threatened release existed at the time that person became owner or operator shall be liable unless he or she can establish by a preponderance of the evidence, based upon a diligent and appropriate investigation of the facility in conformance with the requirements of section 6615a of this title, that he or she had no knowledge or reason to know that the release or threatened release was located on the facility.

  (f) Except insofar as expressly provided in this section, nothing in this chapter shall be deemed to preclude the pursuit of any other civil or injunctive remedy by any person. The remedies in this chapter are in addition to those provided by existing statutory or common law.

  (g)(1) A secured lender or a fiduciary, as the term fiduciary is defined in 14 V.S.A. § 204(2), shall not, absent other circumstances resulting in liability under this section, be liable as either an owner or operator under this section merely because of any one or any combination of more than one of the following:

  (A) in the case of a secured lender, holding indicia of ownership in a facility primarily to ensure the repayment of a financial obligation;

  (B) in the case of a fiduciary, acquiring ownership status when that status arises by law upon appointment or requiring or conducting any activity that is necessary to carry out the fiduciary’s duties and falls within the scope of the fiduciary’s authority;

  (C) requiring or conducting financial or environmental assessments of a facility or any portion thereof;

  (D) monitoring the operations conducted at a facility;

  (E) requiring, through financial documents or otherwise, the management of hazardous materials at a facility in compliance with the requirements of this chapter and the rules adopted under this chapter;

  (F) giving advice, information, guidance, or direction concerning the general business and financial aspects of a borrower’s operations;

  (G) providing general information concerning federal, State, or local laws governing the transportation, storage, treatment, and disposal of hazardous waste or hazardous materials;

  (H) engaging in financial workouts, restructuring, or refinancing of a borrower’s obligations;

  (I) extending or denying credit to a person owning or in lawful possession of a facility;

  (J) in an emergency, requiring or undertaking activities to prevent exposure of persons to hazardous materials or to contain a release;

  (K) requiring or conducting abatement, investigation, remediation, or removal activities in response to a release or threatened release, provided that:

  (i) prior notice of intent to do any such activity is given to the Secretary in writing, and, unless previously waived in writing by the Secretary, no such activity is undertaken for 30 days after receipt of such notice by the Secretary;

  (ii) a workplan is prepared by a qualified consultant prior to the commencement of any such activity;

  (iii) if the Secretary, within 30 days of receiving notice as provided in subdivision (i) of this subdivision (K), elects to undertake a workplan review and gives written notice to the secured lender or fiduciary of such election, no such activity is undertaken without prior workplan approval by the Secretary;

  (iv) appropriate investigation is undertaken prior to any abatement, remediation, or removal activity;

  (v) regular progress reports and a final report are produced during the course of any such activity;

  (vi) all plans, reports, observations, data, and other information related to the activity are preserved for a period of 10 years and, except for privileged materials, produced to the Secretary upon request;

  (vii) persons likely to be at or near the facility are not exposed to unacceptable health risk; and

  (viii) such activity complies with all rules, procedures, and orders of the Secretary; or

  (L) foreclosing on the facility and after foreclosure selling; winding up operations; undertaking an investigation or corrective action under the direction of the State or federal government with respect to the facility; or taking any other measure to preserve, protect, or prepare the facility prior to sale or disposition, provided that:

  (i) a secured lender shall be liable as an operator if the secured lender participated in the management of the facility; and

  (ii) a secured lender shall be liable as an owner if during the course of any transaction of the property, the secured lender fails to disclose any known release or threat of release.

  (2) There shall be no protection from liability for a secured lender or a fiduciary under this subsection if the secured lender or fiduciary causes, worsens, or contributes to a release or threat of release of hazardous material. A secured lender or fiduciary who relies on subdivision (1)(K) of this subsection shall bear the burden of proving compliance with this subdivision.

  (h) [Repealed.]

  (i) In an action brought by the Secretary under this section, a responsible person may implead, or in a separate action a responsible person may sue, another responsible person or persons and may obtain contribution or indemnification, except that a person who is solely liable pursuant to subdivision (a)(5) of this section shall not be able to implead or to sue a person pursuant to this subsection. A responsible person who has resolved its liability to the State under this section through a judicially approved settlement and a secured lender or fiduciary with whom the Secretary has entered into an agreement under subsection (h) of this section shall not be liable for claims for contribution or indemnification regarding matters addressed in the judicially approved settlement or in the agreement. Likewise, a person who has obtained a certificate of completion pursuant to subchapter 3 of this chapter shall not be liable for claims for contribution or indemnification regarding releases or threatened releases described in the approved corrective action plan, as amended. Such a settlement or agreement or certificate of completion does not discharge any other potentially responsible person unless its terms so provide, but it reduces the potential liability of other potentially responsible persons by the relief agreed upon. A secured lender or fiduciary with whom the Secretary has entered into an agreement under subsection (h) of this section may not seek contribution or indemnification on the basis of such agreement from any other potentially responsible person. In any action for contribution or indemnification, the rights of any person who has resolved its liability to the State shall be subordinate to the rights of the State. (Added 1985, No. 70, § 4, eff. May 20, 1985; amended 1993, No. 29, §§ 3, 4, eff. May 26, 1993; 1995, No. 44, § 2, eff. April 20, 1995; 1997, No. 80 (Adj. Sess.), § 12; 2003, No. 164 (Adj. Sess.), § 1, eff. June 12, 2004; 2007, No. 147 (Adj. Sess.), § 8; 2013, No. 55, § 12; 2015, No. 97 (Adj. Sess.), § 39; 2017, No. 74, § 19; 2019, No. 131 (Adj. Sess.), § 34; 2021, No. 93 (Adj. Sess.), § 2, eff. July 1, 2022; 2021, No. 170 (Adj. Sess.), § 8, eff. July 1, 2022; 2023, No. 6, § 82, eff. July 1, 2023.)

• § 6615a. Diligent and appropriate investigation for hazardous materials

  (a) Except as provided for in subsection (b) of this section, a diligent and appropriate investigation, as that term is used in subsection 6615(e) of this title, means, for all properties, an investigation where an owner or operator of a property conforms to the standard developed by the Secretary by rule for a diligent and appropriate investigation. If no standard exists, the owner or operator of a property shall conform to one of the following:

  (1) the all appropriate inquiry standard set forth in 40 C.F.R. Part 312, as amended; or

  (2) the current standard for phase I environmental site assessments established by the American Society for Testing and Materials.

  (b) In the case of residential property used for residential purposes, diligent and appropriate investigation shall mean a facility inspection and title search that:

  (1) reveal no basis for further investigation; and

  (2) do not reveal that the property was used for or was part of a larger parcel that was used for commercial or industrial purposes. (Added 2013, No. 55, § 13.)

• § 6615b. Corrective action procedures

  Any person who is determined to be liable for the release or threatened release of a hazardous material as established in section 6615 of this title shall take all of the following actions to mitigate the effects of the release:

  (1) Submit for approval by the Secretary a work plan for an investigation of the contaminated site. This shall be submitted within 30 days from either the date of the discharge or release or the date that the release was discovered if the date of the discharge or release is not known, or within a period of time established by an alternative schedule approved by the Secretary. The site investigation shall define the nature, degree, and extent of the contamination, and shall assess potential impacts on human health and the environment.

  (2) Perform the site investigation within 90 days of receiving written approval of the work plan by the Secretary, or within a period of time established by an alternative schedule approved by the Secretary. A report detailing the findings of this work shall be sent to the Secretary for review.

  (3) Submit a corrective action plan, within 30 days from the date of final acceptance of the site investigation report by the Secretary, or within a period of time established by an alternative schedule approved by the Secretary.

  (4) Implement the corrective action plan within 90 days upon approval of the plan by the Secretary, or within a period of time established by an alternative schedule approved by the Secretary. The corrective action activity shall be continued until the contamination is remediated to levels approved by the Secretary. The Secretary may allow for the remediation of a site contaminated with a hazardous material without requiring certification and permitting under sections 556, 6605, and 6606 of this title, provided such activity will not, in the Secretary’s opinion, adversely affect either public health and safety or the environment, and provided such activity is conducted in accordance with standards developed by the Secretary.

  (5) Submit to the Secretary all investigative, corrective action, and monitoring reports, including all analytical results related to subdivisions (3)-(5) of this subsection, as they become available. (Added 1997, No. 132 (Adj. Sess.), § 11, eff. April 23, 1998.)

• § 6615c. Information requests

  (a)(1) When the Secretary has reasonable grounds to believe that the Secretary has identified a person who may be subject to liability for a release or threat of release under section 6615 of this title, the Secretary may require the person to furnish information related to:

  (A) The type, nature, and quantity of any commercial chemical product or hazardous material that has been or is being used, generated, treated, stored, or disposed of at a facility or transported to a facility.

  (B) The nature or extent of a release or threatened release of a hazardous material from a facility.

  (C) Financial information related to the ability of a person to pay for or to perform the cleanup or information surrounding the corporate structure, if any, of such person who may be subject to liability for a release or threat of release under section 6615 of this title, provided that the person has notified the Secretary that he or she does not have the ability to pay, refuses to perform, or fails to respond to a deadline established under section 6615b of this title to commit to performing a corrective action.

  (2) A person served with an information request shall respond within 30 days of receipt of the request or by the date specified by the Secretary in the request, provided that the Secretary may require a person to respond within 10 days of receipt of a request when there is an imminent threat to the environment or other emergency that requires an expedited response.

  (3) When the Secretary submits a request for information under this section, the Secretary shall inform the person who received the request for information about the person’s right to object or not comply with the request for information. The information shall include the potential actions that the Secretary may pursue if the person objects to or does not comply with the request for information.

  (b)(1) A person who has received a request under subsection (a) of this section shall, at the discretion of the Secretary, either:

  (A) grant the Secretary access, at reasonable times, to any facility, establishment, place, property, or location to inspect and copy all documents or records responsive to the request; or

  (B) copy and furnish to the Secretary all information responsive to the request at the option and expense of the person or provide a written explanation that the information has already been provided to the Secretary and a reference to the permit, enforcement action, or other matter under which the Secretary obtained the requested information.

  (2) A person responding to a request under subsection (a) of this section may assert any privilege under statute, rule, or common law that is recognized in the State of Vermont to limit access to such information, including the attorney-client privilege. A person responding to a request for information under this section shall not assert privileges related to business confidentiality, including trade secrets, in order to withhold requested information. Any information that is privileged shall be provided to the Secretary with the privileged material redacted. The Secretary may require that a person asserting a privilege under this section provide an index of all privileged information.

  (c) The Secretary may require any person who has or may have knowledge of any information listed in subdivision (a)(1) of this section to appear at the offices of the Secretary and may take testimony and require the production of records that relate to a release or threatened release of a hazardous material.

  (d) Any request for information under this section shall be served personally or by certified mail.

  (e) A response to a request under this section shall be personally certified by the person responding to the request that, under penalty of perjury and to the best of the person’s knowledge:

  (1) the response is accurate and truthful; and

  (2) the person has not omitted responsive information or will provide the responsive information according to a production schedule approved by the Secretary.

  (f) Information identified as qualifying for the trade secret exemption under 1 V.S.A. § 317(c)(9) and other financial information submitted under this section shall be confidential and shall not be subject to inspection and copying under the Public Records Act. A person subject to an information request under this section shall be responsible for proving that submitted information qualifies for the trade secret exemption under 1 V.S.A. § 317(c)(9). The following information is not trade secret information or financial information for the purposes of this subsection:

  (1) the trade name, common name, or generic class or category of the hazardous material;

  (2) the physical properties of the hazardous material, including its boiling point, melting point, flash point, specific gravity, vapor density, solubility in water, and vapor pressure at 20 degrees Celsius;

  (3) the hazards to health and the environment posed by the hazardous material, including physical hazards and potential acute and chronic health hazards;

  (4) the potential routes of human exposure to the hazardous material at the facility;

  (5) the location of disposal of any waste stream at the facility;

  (6) any monitoring data or analysis of monitoring data pertaining to disposal activities;

  (7) any hydrogeologic or geologic data; or

  (8) any groundwater monitoring data.

  (g) As used in this section, “information” means any written or recorded information, including all documents, records, photographs, recordings, e-mail, correspondence, or other machine readable material. (Added 2015, No. 154 (Adj. Sess.), § 6, eff. June 1, 2016.)

• § 6615d. Natural resource damages; liability; rulemaking

  (a) Definitions. As used in this section:

  (1) “Acquisition of or acquiring the equivalent or replacement” means the substitution for an injured resource with a resource that provides the same or substantially similar services, when the substitution:

  (A) is in addition to a substitution made or anticipated as part of a response action; and

  (B) exceeds the level of response action determined appropriate for the site under section 6615b of this title.

  (2) “Baseline condition” means the condition or conditions that would have existed at the area of assessed damages had the release of hazardous material at or from the facility in question not occurred.

  (3) “Damages” means the amount of money sought by the Secretary for the injury, destruction, or loss of a natural resource.

  (4) “Destruction” means the total and irreversible loss of natural resources.

  (5) “Injury” means a measurable adverse long-term or short-term change in the chemical or physical quality or viability of a natural resource resulting either directly or indirectly from exposure to a release of hazardous material or exposure to a product of reactions from a release of hazardous materials.

  (6) “Loss” means a measurable adverse reduction of a chemical or physical quality or viability of a natural resource.

  (7) “Natural resource damage assessment” means the process of collecting, compiling, and analyzing information, statistics, or data through prescribed methodologies to determine the damages for injuries to a natural resource.

  (8) “Natural resources” means fish, wildlife, biota, air, surface water, groundwater, wetlands, drinking water supplies, or State-held public lands.

  (9) “Restoring,” “restoration,” “rehabilitating,” or “rehabilitation” means actions undertaken to return an injured natural resource to its baseline condition, as measured in terms of the injured resource’s physical, chemical, or biological properties or the services it had previously provided, when such actions are in addition to a response action under section 6615 of this title.

  (10) “Services” means the physical and biological functions performed by the natural resource, including the human uses of those functions.

  (b) Authorization. The Secretary may assess damages against any person found to be liable under section 6615 of this title for a release of hazardous material for injury to, destruction of, or loss of a natural resource from the release. The measure of damages that may be assessed for natural resource damages shall include the cost of restoring, rehabilitating, replacing, or acquiring the equivalent of the injured, damaged, or destroyed natural resources or the services the natural resources provided and any reasonable costs of the Secretary in conducting a natural resource damage assessment. The Secretary also may seek compensation for the interim injury to or loss of a natural resource pending recovery of services to the baseline condition of the natural resource.

  (c) Rulemaking; methodology. The Secretary shall adopt rules to implement the requirements of this section, including a methodology by which the Secretary shall assess and value natural resource damages. The rules shall include:

  (1) requirements or acceptable standards for the preassessment of natural resource damages, including requirements for:

  (A) notification of the Secretary, natural resource trustees, or other necessary persons of potential damages to natural resources under investigation for the coordination of the assessments, investigations, and planning;

  (B) authorized emergency response to natural resource damages when immediate action to avoid destruction of a natural resource is necessary or a situation in which there is a similar need for emergency action, and where the potentially liable party under section 6615 of this title fails to take emergency response actions requested by the Secretary; and

  (C) sampling or screening of the potentially injured natural resource;

  (2) requirements for a natural resource damages assessment plan to ensure that the natural resource damage assessment is performed in a planned and systematic manner, including:

  (A) the categories of reasonable and necessary costs that may be incurred as part of the assessment plan;

  (B) the methodologies for identifying and screening restoration alternatives and their costs;

  (C) the types of reasonably reliable assessment procedures available to the Secretary, when the available procedures are authorized, and the requirements of the available procedures;

  (D) how injury or loss shall be determined and how injury or loss is quantified; and

  (E) how damages are measured in terms of the cost of:

  (i) the restoration or rehabilitation of the injured natural resources to a condition where they can provide the level of services available at baseline condition; or

  (ii) the replacement or acquisition of equivalent natural resources or services;

  (3) requirements for post-natural resource damages assessment, including:

  (A) the documentation that the Secretary shall produce to complete the assessment;

  (B) how the Secretary shall seek recovery; and

  (C) when and whether the Secretary shall require a restoration plan; and

  (4) other requirements deemed necessary by the Secretary for implementation of the rules.

  (d) Exceptions. The Secretary shall not seek to recover natural resource damages under this section when:

  (1) the person liable for the release demonstrates that the nature and degree of the destruction, injury, or loss to the natural resources were identified in an application for, renewal of, review of, or other environmental assessment of a permit, certification, license, or other required authorization;

  (2) the Secretary authorized the nature and degree of the destruction, injury, or loss to the natural resource in an issued permit, certification, license, or other authorization; and

  (3) the person liable for the release was operating within the terms of its permit, certification, license, or other authorization.

  (e) Limitations. The natural resource damages authorized under this section and the requirements for assessment under the rules authorized by this section shall not limit the authority of the Secretary of Natural Resources to seek or recover natural resource damages under other State law, federal law, or common law.

  (f) Limit on double recovery. The Secretary or other natural resource trustee shall not recover natural resource damages under this section for the costs of damage assessment or restoration, rehabilitation, or acquisition of equivalent resources or services recovered by the Secretary or the other trustee under other authority of this chapter or other law for the same release of hazardous material and the same natural resource.

  (g) Actions for natural resource damages. No action may be commenced for natural resource damages under this chapter unless that action is commenced within six years after the date of the discovery of the loss and its connection with the release of hazardous material in question.

  (h) Limit on preenactment damages. There shall be no recovery under this section for natural resource damages that occurred wholly before the adoption of rules under subsection (c) of this section.

  (i) Use of funds. Damages recovered as natural resource damages shall be deposited in the Environmental Contingency Fund established pursuant to section 1283 of this title. (Added 2015, No. 154 (Adj. Sess.), § 8, eff. June 1, 2016.)

• § 6615e. Relief for contaminated potable water supplies

  (a) Definitions. As used in this section:

  (1) “Public water system” means any system or combination of systems owned or controlled by a person that provides drinking water through pipes or other constructed conveyances to the public and that has at least 15 service connections or serves an average of at least 25 individuals daily for at least 60 days out of the year. A “public water system” includes all collection, treatment, storage, and distribution facilities under the control of the water supplier and used primarily in connection with the system, and any collection or pretreatment storage facilities not under the control of the water supplier that are used primarily in connection with the system. “Public water system” shall also mean any part of a system that does not provide drinking water, if use of such a part could affect the quality or quantity of the drinking water supplied by the system. “Public water system” shall also mean a system that bottles drinking water for public distribution and sale.

  (2) “Public community water system” means a public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

  (b) Extension of public community water system.

  (1) The Secretary, after due consideration of cost, may initiate a proceeding under this section to determine whether a person that released perfluorooctanoic acid into the air, groundwater, surface water, or onto the land is liable for the costs of extending the water supply of a public water system to an impacted property. A person who released perfluorooctanoic acid shall be liable for the extension of a municipal water line when:

  (A) the property is served by a potable water supply regulated under chapter 64 of this title;

  (B) the Secretary has determined that the potable water supply on the property:

  (i) is a failed supply under chapter 64 of this title due to perfluorooctanoic acid contamination; or

  (ii) is likely to fail due to contamination by perfluorooctanoic acid due to the proximity of the potable water supply to other potable water supplies contaminated by perfluorooctanoic acid or due to other relevant factors; and

  (C) the person the Secretary determined released perfluorooctanoic acid into the air, groundwater, surface water, or onto the land is a cause of or contributor to the perfluorooctanoic acid contamination or likely contamination of the potable water supply.

  (2) A person liable for the extension of a public water system under this section shall be strictly, jointly, and severally liable for all costs associated with that public water system extension. The remedy under this section is in addition to those provided by existing statutory or common law.

  (c) Liability payment.

  (1) Following notification of liability by the Secretary, a person liable under subsection (b) of this section for the extension of the water supply of a public water system shall pay the owner of the public water system for the extension of the water supply within 30 days of receipt of a final engineering design or within an alternate time frame ordered by the Secretary.

  (2) If the person liable for the extension of the water supply does not pay the owner within the time frame required under subdivision (1) of this subsection, the person shall be liable for interest on the assessed cost of the extension of the water supply.

  (d) Available defenses; rights. All defenses to liability and all rights to contribution or indemnification available to a person under section 6615 of this title are available to a person subject to liability under this section. (Added 2017, No. 55, § 1, eff. June 2, 2017.)

• § 6615f. Administrative use controls at contaminated sites

  (a) A petition for administrative use controls at a hazardous material contaminated site may be made by a person responding to a release at that site. The petition shall be made on a form developed by the Secretary that includes the following:

  (1) a brief description of the contamination at the site and work completed under an approved corrective action plan;

  (2) a legal description of the property or properties subject to administrative use controls;

  (3) a digital map that shows the boundaries of the property or properties subject to the administrative use controls and any operational units on the property or properties where more detailed controls will be applied;

  (4) a narrative description of the uses that are prohibited on the property under the administrative use control, including any specific restrictions applicable to operational units on the property;

  (5) signatures of the property owner or persons with legal control of the property certifying that they accept the imposition of these administrative use controls on their property; and

  (6) any other requirement that the Secretary requires by rule.

  (b) The Secretary shall approve the administrative use controls upon finding:

  (1) the administrative use controls adequately protect human health and the environment;

  (2) the administrative use controls are consistent with requirements of the plan required by rules adopted pursuant to this chapter and approved by the Secretary; and

  (3) the petition contains adequate information to ensure that current and future owners are aware of the restrictions.

  (c) Administrative use controls may require:

  (1) restrictions on the use of the property or operational units on the property where restrictions are placed;

  (2) a right to access the property to ensure that the restrictions are maintained; and

  (3) requirements to maintain the restrictions and report on their implementation.

  (d) Administrative use controls shall be effective until a property owner or person with legal control petitions the Secretary for their removal. The Secretary shall remove the administrative use controls if the property owner:

  (1) clearly demonstrates that the contamination that was the basis of the administrative use controls has naturally attenuated; or

  (2) has completed a subsequent corrective action plan that either remediates the hazardous material below environmental media standards or requires alternate administrative use controls. (Added 2023, No. 152 (Adj. Sess.), § 4b, eff. July 1, 2024.)

• § 6616. Release prohibition

  The release of hazardous materials into the surface or groundwater, or onto the land of the State is prohibited. This section shall not apply to releases of hazardous materials pursuant to and in compliance with the conditions of a State or federal permit. (Added 1985, No. 70, § 5, eff. May 20, 1985.)

• § 6617. Person responsible for release; notice to Agency

  Any person who has knowledge of a release or a suspected release and who may be subject to liability for a release, as detailed in section 6615 of this chapter, shall immediately notify the Agency. In addition, any eligible person or successor under section 6615a of this title or any secured lender or fiduciary who has knowledge of a release or a suspected release shall immediately notify the Agency. Failure to notify shall make those persons liable to the penalty provisions of section 6612 of this title. (Added 1985, No. 70, § 6, eff. May 20, 1985; amended 1993, No. 29, § 5, eff. May 26, 1993; 1995, No. 44, § 3, eff. April 20, 1995.)

• § 6618. Waste Management Assistance Fund

  (a) There is hereby created in the State Treasury a fund to be known as the Waste Management Assistance Fund to be expended by the Secretary of Natural Resources. The Fund shall have three accounts: one for Solid Waste Management Assistance, one for Hazardous Waste Management Assistance, and one for Electronic Waste Collection and Recycling Assistance. The Hazardous Waste Management Assistance Account shall consist of a percentage of the tax on hazardous waste under the provisions of 32 V.S.A. chapter 237, as established by the Secretary; the toxics use reduction fees under subsection 6628(j) of this title; and appropriations of the General Assembly. In no event shall the amount of the hazardous waste tax that is deposited to the Hazardous Waste Management Assistance Account exceed 40 percent of the annual tax receipts. The Solid Waste Management Assistance Account shall consist of the franchise tax on waste facilities assessed under the provisions of 32 V.S.A. chapter 151, subchapter 13 and appropriations of the General Assembly. The Electronic Waste Collection and Recycling Account shall consist of the program and implementation fees required under section 7553 of this title. All balances in the Fund accounts at the end of any fiscal year shall be carried forward and remain a part of the Fund accounts, except as provided in subsection (e) of this section. Interest earned by the Fund shall be deposited into the appropriate Fund account. Disbursements from the Fund accounts shall be made by the State Treasurer on warrants drawn by the Commissioner of Finance and Management.

  (b) The Secretary may authorize disbursements from the Solid Waste Management Assistance Account for the purpose of enhancing solid waste management in the State in accordance with the adopted waste management plan. This includes:

  (1) The costs of implementation planning, design, obtaining permits, construction, and operation of State or regional facilities for the processing of recyclable materials and of waste materials that because of their nature or composition create particular or unique environmental, health, safety, or management problems at treatment or disposal facilities.

  (2) The costs of assessing existing landfills, and eligible costs for closure and any necessary steps to protect public health at landfills operating before January 1, 1987, provided those costs are the responsibility of the municipality or solid waste management district requesting assistance. The Secretary of Natural Resources shall adopt by procedure technical and financial criteria for disbursements of funds under this subdivision.

  (3) The costs of preparing the State waste management plan.

  (4) Hazardous waste pilot projects consistent with this chapter.

  (5) The costs of developing markets for recyclable material.

  (6) The costs of the Agency of Natural Resources in administering solid waste management functions that may be supported by the Fund established in subsection (a) of this section.

  (7) A portion of the costs of administering the Environmental Division established under 4 V.S.A. chapter 27. The amount of $120,000.00 per fiscal year shall be disbursed for this purpose.

  (8) The costs, not related directly to capital construction projects, that are incurred by a district, or a municipality that is not a member of a district, in the design and permitting of implementation programs included in the adopted Solid Waste Implementation Plan of the district or of the municipality that is not a member of a district. These disbursements shall be issued in the form of advances requiring repayment. These advances shall bear interest at an annual rate equal to the interest rate that the State pays on its bonds. These advances shall be repaid in full by the grantee not later than 24 months after the advance is awarded.

  (9) The Secretary shall annually allocate 20 percent of the receipts of this account, based on the projected revenue for that year, for implementation of the Plan adopted pursuant to section 6604 of this title and Solid Waste Implementation Plans adopted pursuant to 24 V.S.A. § 2202a.

  (10) The costs of the proper disposal of waste tires. Prior to disbursing funds under this subsection, the Secretary shall provide a person with notice and opportunity to dispose of waste tires properly. The Secretary may condition a disbursement under this subsection on the repayment of the disbursement. If a person fails to provide repayment subject to the terms of a disbursement, the Secretary may initiate an action against the person for repayment to the Fund or may record against the property of the person a lien for the costs of cleaning up waste tires at a property.

  (c) The Secretary may authorize disbursements from the Hazardous Waste Management Assistance Account for the purpose of enhancing hazardous waste management in the State in accordance with this chapter. This includes:

  (1) The costs of supplementing the State Waste Management Plan with respect to hazardous waste management.

  (2) The costs of the Agency of Natural Resources in administering hazardous waste management functions that may be supported by the Fund established in subsection (a) of this section.

  (3) The costs of administering the Hazardous Waste Facility Grant Program under section 6603g of this title.

  (d) The Secretary shall annually allocate from the Fund accounts the amounts to be disbursed for each of the functions described in subsections (b), (c), and (f) of this section. The Secretary, in conformance with the priorities established in this chapter, shall establish a system of priorities within each function when the allocation is insufficient to provide funding for all eligible applicants.

  (e) The Secretary may allocate funds at the end of the fiscal year from the Solid Waste Management Assistance Account to the Fund, established pursuant to section 1283 of this title, upon a determination that the funds available in the Environmental Contingency Fund are insufficient to meet the State’s obligations pursuant to subdivisions 1283(b)(1)–(9) of this title. Prior to any transfer of funds from the Solid Waste Management Assistance Account to the Environmental Contingency Fund, and after all Agency program costs are covered, an additional 10 percent of the receipts of the Solid Waste Management Assistance Account shall be allocated under subdivision 6618(b)(9) of this title. Any expenditure of funds transferred to the Environmental Contingency Fund shall be restricted to funding the activities specified in subdivisions 1283(b)(1)–(9) of this title. In no case shall the unencumbered balance of the Solid Waste Account following the transfer authorized under this subsection be less than $300,000.00. (Added 1987, No. 78, § 16; amended 1989, No. 218 (Adj. Sess.), § 6; 1989, No. 281 (Adj. Sess.), § 5, eff. June 22, 1990; 1989, No. 282 (Adj. Sess.), § 12, eff. June 22, 1990; 1991, No. 202 (Adj. Sess.), § 8, eff. May 27, 1992; 1997, No. 133 (Adj. Sess.), § 7; 2005, No. 71, § 97; 2005, No. 135 (Adj. Sess.), §§ 2, 4; 2009, No. 79 (Adj. Sess.), § 3; 2009, No. 134 (Adj Sess.), § 32; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 148 (Adj. Sess.), § 15; 2021, No. 170 (Adj. Sess.), § 5, eff. July 1, 2022.)

• § 6619. Packaging information

  The Secretary is authorized to require and shall solicit from manufacturers and distributors of consumer goods sold in the State information relating to whether the packages for those goods are recyclable or made of recycled material, and relating to the quantity of the packaging that accompanies each of those products. (Added 1989, No. 61, § 5, eff. May 22, 1989.)

• § 6620. Permits issued by the Secretary related to solid waste facilities

  (a) The Secretary shall coordinate and administer the programs under the jurisdiction of the Agency of Natural Resources so that, to the extent possible, there is concurrent review, concurrent public participation, and concurrent permit issuances for waste management facilities. The Secretary shall assign a permit manager to handle all applications related to a particular waste management facility.

  (b) [Repealed.] (Added 1989, No. 218 (Adj. Sess.), § 4; amended 1993, No. 92, § 12; 2003, No. 115 (Adj. Sess.), § 64, eff. Jan. 31, 2005.)

• § 6620a. Limitations on the use of heavy metals in packaging

  (a) This section shall take effect on the date the Secretary determines that a law similar to this section has been adopted by any combination of the northeast states with an aggregate population of at least 10,000,000 people. For purposes of this section, northeastern states shall include the New England states, Pennsylvania, New York, and New Jersey.

  (b) As used in this section, the following definitions shall apply:

  (1) “Package” means a container providing a means of marketing, protecting, or handling a product and shall include a unit package, an intermediate package and a shipping container. “Package” also shall mean and include such unsealed receptacles as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.

  (2) “Distributor” means any person, firm, or corporation that takes title to goods purchased for resale.

  (3) “Packaging component” means any individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels. Tin-plated steel that meets the American Society for Testing and Materials (ASTM) specification A-623 shall be considered as a single package component. Electro-galvanized coated steel and hot dipped coated galvanized steel that meets the ASTM specifications A-525 and A-879 shall be treated in the same manner as tin-plated steel.

  (4) “Intentional introduction” means the act of deliberately utilizing a regulated metal in the formulation of a package or packaging component where its continued presence is desired in the final package or packaging component to provide a specific characteristic, appearance, or quality.

  (5) “Incidental presence” means the presence of a regulated metal as an unintended or undesired ingredient of a package or packaging component.

  (6) “Manufacturing” means physical or chemical modification of one or more materials to produce packaging or packaging components.

  (7) “Distribution” means the practice of taking title to one or more package or packaging components for promotional purposes or resale. Persons involved solely in delivering one or more packages or packaging components on behalf of their parties are not considered distributors.

  (8) “Manufacturer” means any person, firm, association, partnership, or corporation producing one or more packages or packaging components as defined in this section.

  (9) “Supplier” means any person, firm, association, partnership, or corporation which sells, offers for sale, or offers for promotional purposes packages or packaging components that shall be used by any other person, firm, association, partnership, or corporation to package a product.

  (c)(1) As soon as feasible, but not later than one year after the Secretary makes the finding described in subsection (a) of this section, no package or packaging component shall be offered for sale or for promotional purposes by its manufacturer or distributor in the State of Vermont that includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives containing any lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements.

  (2) The use of a regulated metal as a processing agent or intermediate to impart certain chemical or physical changes during manufacturing, resulting in the incidental retention of a residue of that metal in the final package or packaging component that is neither desired nor deliberate, is not considered intentional introduction for the purposes of this section where that final package or packaging component is in compliance with subdivision (e)(3) of this section and where there is no reasonable alternative.

  (3) The use of recycled materials as feedstock for the manufacture of new packaging materials, where some portion of the recycled materials may contain amounts of the regulated metals, is not considered intentional introduction for the purposes of this section where the new package or packaging component is in compliance with subdivision (e)(3) of this section.

  (d) As soon as feasible, but not later than one year after the Secretary makes the finding described in subsection (a) of this section, no product shall be offered for sale or for promotional purposes by its manufacturer or distributor in the State of Vermont in a package that includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives containing any lead, cadmium, mercury, or hexavalent chromium that has been intentionally introduced as an element during manufacturing or distribution as opposed to the incidental presence of any of these elements.

  (e) The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in any package or packaging component shall not exceed the following:

  (1) 600 parts per million by weight (0.06 percent) effective two years after the Secretary makes the findings described in subsection (a) of this section;

  (2) 250 parts per million by weight (0.025 percent) effective three years after the Secretary makes the findings described in subsection (a) of this section; and

  (3) 100 parts per million by weight (0.01 percent) effective four years after the Secretary makes the findings described in subsection (a) of this section.

  (f) All packages and packaging components shall be subject to subsections (c), (d), and (e) of this section except the following:

  (1) Those packages or packaging components with a code indicating date of manufacture that were manufactured prior to the effective date of this statute.

  (2) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process in order to comply with health or safety requirements of federal law, provided that the manufacturer of a package or packaging component must petition the Secretary for any exemption from the provisions of this subsection for a particular package or packaging component based upon either criterion; and provided further, that the Secretary may grant an exemption for up to two years if warranted by the circumstances; and provided further, that such an exemption may, upon meeting the criterion of this subsection, be renewed at two-year intervals.

  (3) Packages and packaging components that would not exceed the maximum contaminant levels set forth in this section but for the addition of recycled materials; and provided that the exemption under this subdivision shall expire on January 1, 2000.

  (4) Packages and packaging components that are reused but exceed contaminant levels set forth in this section, provided that the product being conveyed by that package and the package and packaging itself are regulated under federal or State health or safety laws, or both; and provided that transportation of those packaged products is regulated under federal or State transportation provisions, or both; and provided that disposal of the package is performed according to federal and State radioactive or hazardous waste disposal requirements; and provided that an exemption under this subdivision shall expire on January 1, 2000.

  (5) Packages and packaging components having a controlled distribution and reuse (referred to as “reusable entities”) that exceed the contaminant levels set forth in this section, provided that the manufacturers or distributors of those packages or packaging components must petition the Secretary for exemption and receive approval from the Secretary, working with the CONEG toxics in a packaging clearinghouse, according to standards established in this subdivision (5), set by the Secretary and based upon satisfactory demonstrations that the environmental benefit of the controlled distribution and reuse is significantly greater as compared to the same package manufactured in compliance with the contaminant levels set forth in this section; and provided that an exemption under this subdivision shall expire on January 1, 2000. A plan, to be proposed by the manufacturer seeking the exemption, or the manufacturer’s designee, shall include each of the following elements:

  (A) a means of identifying in a permanent and visible manner those reusable entities containing regulated metals for which an exemption is sought;

  (B) a method of regulatory and financial accountability so that a specified percentage of reusable entities manufactured and distributed to other persons are not discarded by those persons after use, but are returned to the manufacturer or the manufacturer’s designee;

  (C) a system of inventory and record maintenance to account for the reusable entities placed in, and removed from, service;

  (D) a means of transforming returned entities that are no longer reusable into recycled materials for manufacturing or into manufacturing wastes that are subject to existing federal or State laws, rules, or regulations governing those manufacturing wastes, to ensure that these wastes do not enter the commercial or municipal waste stream; and

  (E) a system of annually reporting to the Secretary changes to the system and changes in designees.

  (g) Once the Secretary has made the finding described in subsection (a) of this section, the Secretary may notify a manufacturer that there are grounds for suspecting that a package or packaging component produced by that manufacturer may not be in compliance with this section, and may request the manufacturer to certify that the package or component is in compliance. If the manufacturer certifies that the package or component is exempt, the specific basis for the exemption shall be stated. If the manufacturer does not certify that the product is in compliance or is exempt, the Secretary may order that the packages or components in question be withdrawn from sale or promotional use within the State. For purposes of this subsection, the term manufacturer shall include the importer of a product manufactured outside the United States. False or fraudulent statements by a manufacturer may subject the manufacturer to the penalties of 13 V.S.A. § 3016.

  (h) The Secretary shall review the effectiveness of this section by the second January first that follows the determination made under subsection (a) of this section and shall provide a report based upon that review to the Governor, the House Committee on Environment and Energy, and the Senate Committee on Natural Resources and Energy. The report may contain recommendations to add other toxic substances contained in packaging to the list set forth in this section in order to further reduce the toxicity of packaging waste, and a description of the nature of the substitutes used in lieu of lead, mercury, cadmium, and hexavalent chromium. The Secretary shall, in consultation with the source reduction task force of the Coalition of Northeastern Governors (CONEG), review the extension of the recycling exemption as it is provided for in subdivision (f)(3) of this section. This review shall commence on or before January 1, 1997. A report based upon that review shall be provided to the Governor and General Assembly on or before January 1, 1999. (Added 1989, No. 286 (Adj. Sess.), § 1; amended 1995, No. 57, § 5; 1995, No. 143 (Adj. Sess.), § 1; 2017, No. 113 (Adj. Sess.), § 49a; 2019, No. 131 (Adj. Sess.), § 35.)

• § 6621. Repealed. 2001, No. 149 (Adj. Sess.), § 94, eff. June 27, 2002.

• § 6621a. Landfill disposal requirements

  (a) In accordance with the following schedule, no person shall knowingly dispose of the following materials in solid waste or in landfills:

  (1) Lead-acid batteries, after July 1, 1990.

  (2) Waste oil, after July 1, 1990.

  (3) White goods, after January 1, 1991. “White goods” include discarded refrigerators, washing machines, clothes dryers, ranges, water heaters, dishwashers, and freezers. Other similar domestic and commercial large appliances may be added, as identified by rule of the Secretary.

  (4) Tires, after January 1, 1992.

  (5) Paint (whether water based or oil based), paint thinner, paint remover, stains, and varnishes. This prohibition shall not apply to solidified water based paint in quantities of less than one gallon, nor shall this prohibition apply to solidified water based paint in quantities greater than one gallon if those larger quantities are from a waste stream that has been subject to an effective paint reuse program, as determined by the Secretary.

  (6) Nickel-cadmium batteries, small sealed lead acid batteries, nonconsumer mercuric oxide batteries, rechargeable batteries, primary batteries, and any other battery added by the Secretary by rule.

  (7)(A) Labeled mercury-added products on or before July 1, 2007.

  (B) Mercury-added products, as defined in chapter 164 of this title, after July 1, 2007, except as other effective dates are established in that chapter.

  (8) Banned electronic devices. After January 1, 2011, computers; peripherals; computer monitors; cathode ray tubes; televisions; printers; personal electronics such as personal digital assistants and personal music players; electronic game consoles; printers; fax machines; wireless telephones; telephones; answering machines; videocassette recorders; digital versatile disc players; digital converter boxes; stereo equipment; and power supply cords (as used to charge electronic devices).

  (9) Mandated recyclable materials after July 1, 2015.

  (10) Leaf and yard residuals and wood waste after July 1, 2016.

  (11) Food residuals after July 1, 2020.

  (12) Covered household hazardous products after July 1, 2025.

  (b) This section shall not prohibit the designation and use of separate areas at landfills for the storage or processing, or both, of material specified in this section.

  (c) Insofar as it applies to the operator of a solid waste management facility, the Secretary may suspend the application of this section to material specified in subdivision (a)(2), (3), (4), (5), or (6) of this section, or any combination of these, upon finding that insufficient markets exist and adequate uses are not reasonably available to serve as an alternative to disposal.

  (d) The landfill disposal ban under subdivisions (a)(9)-(11) of this section shall not apply to mandated recyclables, leaf and yard residuals, or food residuals collected as part of a litter collection event operated or administered by a nonprofit organization or municipality. (Added 1989, No. 286 (Adj. Sess.), § 2; amended 1991, No. 75, § 2; 1991, No. 95, § 3; 1993, No. 221 (Adj. Sess.), § 4a; 1995, No. 189 (Adj. Sess.), § 9; 1997, No. 151 (Adj. Sess.), § 3; 2005, No. 13, § 2, eff. July 1, 2005; 2009, No. 79 (Adj. Sess.), § 4; 2011, No. 148 (Adj. Sess.), § 10; 2015, No. 95 (Adj. Sess.), § 3, eff. May 10, 2016; 2023, No. 58, § 4, eff. June 12, 2023; 2023, No. 152 (Adj. Sess.), § 2, eff. July 1, 2024.)

• § 6621b. Regulation of certain dry cell batteries

  (a) Prohibition. A person may not place in mixed municipal solid waste a dry cell battery containing mercuric oxide electrode, nickel-cadmium, or sealed lead acid that was purchased for use or used by a government agency, or an industrial, communications, or medical facility.

  (b) User responsibility. Each government agency, or industrial, communications, or medical facility shall collect and segregate, by chemical type, its batteries that are subject to this prohibition and shall return each segregated collection either to the supplier that provided the facility with that type of battery or to a collection facility designated by the manufacturer of that battery or battery-powered product.

  (c) Manufacturer responsibility.

  (1) A manufacturer of batteries subject to subsection (a) of this section shall:

  (A) ensure that a system for the proper collection, transportation, and processing of waste batteries exists for purchasers in Vermont;

  (B) clearly inform each purchaser of the prohibition on disposal of waste batteries and of the system or systems for proper collection, transportation, and processing of waste batteries available to the purchaser.

  (2) To ensure that a system for the proper collection, transportation, and processing of waste batteries exists, a manufacturer shall:

  (A) identify a collection chain through which the batteries should be returned to the manufacturer or to a manufacturer-designated collection site; and

  (B) accept waste batteries returned to its manufacturing facility.

  (3) A manufacturer shall ensure that the cost of proper collection, transportation, and processing of the waste batteries is included in the sales transaction or agreement between the manufacturer and any purchaser.

  (4) A manufacturer that has complied with this subsection is not liable under subsection (a) of this section for improper disposal by a person other than the manufacturer of waste batteries.

  (d) Battery requirements.

  (1) The manufacturer of a button cell battery that is to be sold at retail in this State shall ensure that each battery is clearly identifiable as to the type of electrode used in the battery.

  (2)(A) A manufacturer may not sell at retail, distribute for retail sale, or offer for retail sale in this State an alkaline manganese battery that contains more than 0.30 percent mercury by weight, or after February 1, 1992, 0.025 percent mercury by weight. Effective January 1, 1996, alkaline manganese and zinc carbon batteries may not be sold at retail in this State if they contain any added mercury.

  (B) On application by a manufacturer, the Secretary may exempt a specific type of battery from the requirements of subdivision (d)(2)(A) of this section if there is no battery meeting the requirements that can be reasonably substituted for the battery for which the exemption is sought. The manufacturer of a battery exempted by the Secretary under this subdivision is subject to the requirements of subsection (c) of this section.

  (C) Notwithstanding subdivision (d)(2)(A) of this section, a manufacturer may not sell at retail, distribute for retail sale, or offer for retail sale in this State after January 1, 1992, a button cell alkaline manganese battery that contains more than 25 milligrams of mercury.

  (3) Effective January 1, 1993, no button battery containing mercury may be sold at retail in this State unless it contains less than 25 milligrams of mercury.

  (e) Rechargeable batteries for tools and appliances.

  (1) A manufacturer may not sell at retail, distribute for retail sale, or offer for retail sale in this State a rechargeable consumer product powered by a nickel-cadmium or small sealed lead battery unless:

  (A) the battery can be easily removed by the consumer or is contained in a battery pack that is separate from the product and can be easily removed; and

  (B) the product, the battery itself, and the package containing a consumer product each, are labeled in a manner that is clearly visible to the consumer, indicating that the battery must be recycled or disposed of properly and that the type of electrode used in the battery is clearly identifiable.

  (2) “Rechargeable consumer product” as used in this subsection means any product that contains a rechargeable battery and is primarily used or purchased to be used for personal, family, or household purposes.

  (3) On application by a manufacturer, the Secretary may exempt a rechargeable consumer product from the requirements of this subsection if:

  (A) the product cannot be reasonably redesigned or manufactured to comply with the requirements prior to July 1, 1993;

  (B) the redesign of the product to comply with the requirements would result in significant danger to public health and safety; or

  (C) the battery poses no unreasonable hazard when placed in and processed or disposed of as part of mixed municipal solid waste.

  (4) An exemption granted by the Secretary under subdivision (e)(3)(A) of this section must be limited to a maximum of two years and may be renewed. (Added 1991, No. 95, § 1; amended 1993, No. 221 (Adj. Sess.), §§ 4b-4d.)

• § 6621c. Lead-acid batteries; collection for recycling

  (a) Definitions. For purposes of this section:

  (1) “Lead-acid battery” means a battery that consists of lead and sulfuric acid and is used as a power source.

  (2) “Small sealed lead-acid battery” means a lead-acid battery, weighing 25 pounds or less, used in nonvehicular applications. This shall not include any lead-acid battery used as the principal power source for transportation, including automobiles, motorcycles, and boats.

  (b) Applicability. The provisions of subsections (c), (d), and (e) of this section shall not apply to any small sealed lead-acid battery.

  (c) Standard retailer obligations. A retailer selling replacement lead-acid batteries in Vermont shall:

  (1) Accept from customers, at the point of transfer, used lead-acid batteries of the same general type and in a quantity at least equal to the number of new batteries purchased, if offered by customers.

  (2) Post written language in bold print in the immediate vicinity where lead-acid batteries are sold, that reads as follows: “It is illegal to discard lead-acid batteries in Vermont’s landfills. This store accepts used lead-acid batteries for recycling, in exchange for new batteries being purchased.”

  (d) Standard wholesaler obligation. Any wholesaler selling replacement lead-acid batteries in Vermont shall accept from customers at the point of transfer, used lead-acid batteries of the same general type and in a quantity at least equal to the number of new batteries purchased, if offered by customers. A wholesaler accepting batteries in transfer from a retailer shall be allowed a period not to exceed 90 days to remove batteries from the retail point of collection.

  (e) Information on recycling lead-acid batteries. A manufacturer selling lead-acid batteries in Vermont shall provide their direct customers with a telephone number where retailers and wholesalers may obtain information regarding recycling lead-acid batteries. (Added 1993, No. 220 (Adj. Sess.), § 3.)

• § 6621d. Repealed. 2005, No. 13, § 4, eff. July 1, 2007.

• § 6621e. Repealed. 2005, No. 13, § 4(c).

• § 6622. Source separation incentives

  (a) Any municipality or solid waste management district that meets the requirements of subsection (d) of this section has met the requirements of subdivision 6604(a)(1)(B) of this title for those materials identified in the source separation requirements under subsection (d) of this section.

  (b) A municipality or a solid waste management district that wishes to be eligible, on a priority basis, for implementation grants under subdivision 6603c(c)(2)(C)(ii) of this title shall include a source separation plan in its solid waste management plan. At a minimum, that source separation plan shall include the following components:

  (1) a recycling awareness component which includes education and public outreach; and

  (2) a strategy to require source separation, including enforcement provisions; and

  (3) a list of those materials subject to any source separation program, including at least five of the following materials:

  (A) cardboard, including corrugated and boxboard;

  (B) glass containers;

  (C) yard waste, food waste, and other compostables;

  (D) newsprint;

  (E) office paper, including white, colored, and mixed office paper;

  (F) metal food and beverage containers including tin-plated steel bi-metal and aluminum cans; and

  (G) plastic containers made from high density polyethylene (HDPE), polyethylene terephthalate (PET), and polyvinyl chloride (PVC).

  (c) If necessary, the Secretary of Natural Resources, by rule, shall add or delete materials to the list set forth under subdivision (b)(3) of this section, after considering the following:

  (1) adequacy of markets;

  (2) availability of process facilities; and

  (3) the costs of collecting, processing, and transporting the material to market.

  (d) Municipalities or districts that have an ordinance in effect that includes enforcement provisions and requires source separation of at least five materials identified in this section shall be eligible to receive priority consideration for implementation grants according to the provisions of subsection 6603c(c) of this title.

  (e) [Repealed.]

  (f) The deadlines established under subsection (d) of this section may be modified by the Secretary, depending on the availability of funds in the capital budget.

  (g) For purposes of this section, “source separation” means systems that separate compostable and recyclable materials from noncompostable, nonrecyclable materials at the point of generation. Recyclable materials may be commingled.

  (h) For purposes of this section, “compostable” means that a product, package, or material will safely decompose, in a composting system, into a humus-rich material, containing no persistent synthetic residues, that can be safely used as a beneficial soil amendment. (Added 1989, No. 286 (Adj. Sess.), § 3; amended 1991, No. 202 (Adj. Sess.), § 7, eff. May 27, 1992; 1993, No. 81, § 8, eff. Jan. 1, 1994; 2019, No. 131 (Adj. Sess.), § 36.)

• § 6622a. Repealed. 2009, No. 33, § 83(e)(8).

• § 6622b. Appeals

  Appeals of any act or decision of the Secretary under this chapter shall be made in accordance with chapter 220 of this title. (Added 2003, No. 115 (Adj. Sess.), § 65, eff. Jan. 31, 2005.)

• Subchapter 002: TOXICS USE REDUCTION AND HAZARDOUS WASTE REDUCTION

• § 6623. Goals and purpose

  (a) The goals of this subchapter are to:

  (1) eliminate or reduce the use of hazardous, particularly toxic, materials wherever feasible;

  (2) reduce the generation of hazardous waste;

  (3) reduce the release into the environment of chemical contaminants which have adverse and serious health or environmental effects;

  (4) document hazardous waste reduction and toxics use reduction information and make that information available to State and local government and the public.

  (b) It is the intent of this subchapter to encourage reduction of toxic substances and to reduce the generation of hazardous waste whenever technically and economically practicable, without shifting risks from one part of a process, environmental medium, or product to another. Priority shall be given to methods that reduce the amount of toxics used and, where that is not technically and economically practicable, methods that reduce the generation of hazardous waste. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 1.)

• § 6624. Definitions

  For purposes of this subchapter, in addition to the provisions of section 6602 of this title, the following definitions apply:

  (1) “Class A generator” means a generator who generates 1,000 kg (2,200 lbs) or more of hazardous waste in one calendar month.

  (2) “Class B generator” means a generator who generates more than 100 kg (220 lbs) but less than 1,000 kg (2,200 lbs) of hazardous waste in one calendar month and generates more than 1,200 kg (2,640 lbs) of hazardous waste in one calendar year.

  (3) “Exempt small quantity generator” means a generator, as defined by 40 CFR § 261.5, who generates less than 100 kg (220 lbs) of hazardous waste or who generates less than 1 kg (2.2 lbs) of acute hazardous waste in one calendar month.

  (4) “Large user” means a facility with 10 or more full-time employees that is in the Standard Industrial Classification (SIC) Code required by the Secretary to report and that:

  (A) Manufactures, processes, or otherwise uses, exclusive of sales or distribution, more than 4,545.5 kg (10,000 lbs) of a toxic substance per year; or

  (B) Manufactures, processes, or otherwise uses, exclusive of sales or distribution, more than 454.4 kg (1,000 lbs) but less than 4,545.5 kg (10,000 lbs) of a toxic substance per year if that substance accounts for more than 10 percent of the total of toxic substances used at the facility during the year.

  (5)(A) “Hazardous waste reduction” means any recycling or other activity applied after hazardous waste is generated that is consistent with the general goal of reducing present and future threats to public health, safety, and the environment. Reduction may be proportionate to the increase or decrease in production or other business changes. The recycling or other activity shall result in:

  (i) the reduction of total volume or quantity of hazardous waste generated that would otherwise be treated, stored, or disposed of; or

  (ii) the reduction of toxicity of hazardous waste that would otherwise be treated, stored, or disposed of; or

  (iii) both the reduction of total volume or quantity and the reduction of toxicity of hazardous waste.

  (B) “Hazardous waste reduction” shall not:

  (i) result in the significant transfer of hazardous constituents from one environmental medium to another;

  (ii) include concentrating waste solely for the purposes of reducing volume;

  (iii) use dilution as a means of reducing toxicity; or

  (iv) include incineration.

  (C) “Hazardous waste reduction” may include on-site and off-site treatment where it can be shown that such treatment confers a higher degree of protection of the public health, safety, and the environment than other technically and economically practicable waste reduction alternatives.

  (6) “Risk reduction” means a reduction in volume or toxicity, or both, of a hazardous or toxic substance by a method that does not merely shift the risk to another environmental medium, or create a new environmental risk to human health or the environment.

  (7) “Toxic substance” or “toxics” mean any substance in a gaseous, liquid, or solid state listed pursuant to Title III, Section 313 of the Superfund Amendments and Reauthorization Act of 1986. This list of substances may be altered as specified in subsection 6625(d) of this title. “Toxic substance” or “toxics” does not include constituents of fuels used to provide energy, unless those fuels include hazardous wastes from a generator’s process.

  (8)(A) “Toxics use reduction” means in-plant changes in production or other processes or operations, products, or raw materials that reduce, avoid, or eliminate the use or production of toxic substances or raw materials that result in generation of hazardous wastes, without creating substantial new risks to public health, safety, and the environment, through the application of any of the following techniques:

  (i) input substitution, meaning to replace a toxic substance, or a raw material that results in the generation of hazardous waste, used in a production or other process or operation with a nontoxic or less toxic substance;

  (ii) product reformulation, meaning to modify an existing end product in order to reduce toxic substance inputs or raw materials that result in the generation of hazardous wastes;

  (iii) production or other process or operation redesign or modifications;

  (iv) production or other process or operation modernization, including upgrading or replacing existing equipment and methods with other equipment and methods;

  (v) improved operation and maintenance controls of production or other process or operation equipment and methods, by modifying or adding to existing equipment or methods including techniques such as improved housekeeping practices, system adjustments, product and process inspections or production or other process or operation control equipment or methods; or

  (vi) recycling, reuse, or extended use of toxics or raw materials that result in the generation of hazardous waste, by using equipment or methods that become an integral part of the production or other process or operation of concern, including filtration and other methods.

  (B) “Toxics use reduction” includes proportionate changes in the usage of a particular toxic substance, or a raw material that results in the generation of hazardous waste, by any of the methods set forth in subdivision (8)(A) of this section as the usage of that toxic substance or raw material changes as a result of production changes or other business changes.

  (9) “Toxics use” means use or production of a toxic substance, exclusive of sales or distribution. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 2.)

• § 6625. Toxics use reduction and hazardous waste reduction program

  (a) The Secretary shall establish a program for toxics use reduction and hazardous waste reduction pursuant to this subchapter.

  (b) The Secretary shall coordinate the activities of all State agencies with responsibilities and duties relating to toxics use and hazardous waste and shall promote coordinated efforts to encourage toxics use reduction and hazardous waste reduction, with emphasis on the merits of use reduction as a means of reducing the amount of hazardous waste generated or hazardous material released into the environment. Coordination between the program and other relevant State agencies and programs shall, to the fullest extent possible, include joint planning processes and joint research and studies.

  (c) The planning and reporting requirements of this subchapter shall apply only to generators who routinely generate, through ongoing process and operation, more than 1,200 kg (2,640 lbs) of hazardous waste per year or more than 12 kg (26.4 lbs) of acutely hazardous waste per year, and to large users.

  (d) The Secretary shall adopt rules to carry out this subchapter. The rules shall include a provision for exempting from the requirements of this subchapter generators for whom the Secretary determines no source reduction opportunities exist. The Secretary may, by rule, add or remove any toxic substance or hazardous waste from the provisions of this subchapter. In order to add or remove any toxic substance or hazardous waste from the provisions of this subchapter, the Secretary shall make findings with respect to toxicity, potential impact on public health and the environment, and the potential for use reduction or waste reduction of the toxic substance or hazardous waste.

  (e) The Secretary shall adopt, by rule, a list of SIC codes that identifies those facilities that are subject to this subchapter as a large user. The list initially must include SIC codes 20 through 39. In adding additional SIC codes, the Secretary shall make findings with respect to chemical use within the SIC category, and shall find:

  (1) that the potential impact on public health and the environment is significant; and

  (2) that the potential for use reduction and waste reduction within the category is significant.

  (f) This subchapter shall not apply to farmers, dealers, or applicators regulated under 6 V.S.A. chapters 81 and 87, or any other persons to the extent they are regulated under any other chapters of Title 6. (Added 1989, No. 282 (Adj. Sess.) § 17, eff. June 22, 1990; amended 1991, No. 100, § 3.)

• § 6626. Plan and report formats; data information system

  (a) On or before January 1, 1992, the Secretary shall adopt a format to be used by generators and large users for completing the toxics use reduction and hazardous waste reduction plan required by section 6629 of this title. On or before July 1, 1993, the Secretary shall adopt a format for the toxics use reduction and hazardous waste reduction performance report required by section 6630 of this title.

  (b) On or before July 1, 1992, the Secretary shall establish a data and information system for use in administering the provisions of this subchapter. In establishing the data and information system, the Secretary shall:

  (1) establish methods and procedures for appropriately processing or managing hazardous waste reduction and toxics use reduction information;

  (2) use the data management expertise, resources, and forms of already established environmental protection programs, to the extent practicable;

  (3) establish computerized data retrieval and data processing systems, including safeguards to protect trade secrets designated pursuant to section 6632 of this title or protected under 1 V.S.A. § 317;

  (4) identify additional data and information needs of the program. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 4.)

• § 6627. Technical and research assistance program

  The Secretary shall establish a technical and research assistance program to assist generators, exempt small quantity generators, and large users in identifying and applying toxics use reduction methods and hazardous waste reduction methods. The program shall emphasize assistance to smaller businesses that have inadequate technical and financial resources to obtain information, assess and develop and apply toxics use reduction and hazardous waste reduction methods. The program shall also emphasize the merits of use reduction as a means of reducing the amount of hazardous waste generated or hazardous materials released into the environment. In the program:

  (1) The Department shall encourage presentations by private or public consultants, including on-site consultation at sites or locations where hazardous waste is generated or toxic substances are used to aid those generators or large users requiring assistance in developing and implementing the toxics use reduction and hazardous waste reduction plan, plan summary, and performance report required by this subchapter.

  (2) The Department shall conduct plan assistance programs, seminars, workshops, training programs, and other similar activities to assist generators and large users to evaluate toxics use reduction and hazardous waste reduction alternatives and to identify opportunities for toxics use reduction and hazardous waste reduction.

  (3) The Department shall establish a program to assemble, catalogue, and disseminate information about source reduction methods, with emphasis on the merits of use reduction, available consultant services, and regulatory requirements.

  (4) The Department shall identify the range of technical solutions that can be applied by particular types of hazardous waste generators to reduce hazardous waste generation.

  (5) The Department may also direct on-site technical assistance to generators and large users in developing the plans.

  (6) The Department shall coordinate its technical assistance with trade associations and local colleges and universities as appropriate.

  (7) Technical services provided under this section shall not result in inspection or other enforcement actions unless there is reasonable cause to believe there is an imminent threat to human health or the environment.

  (8) The Department shall provide direct technical assistance to solid waste management districts and regional planning entities including training and information exchange and shall coordinate technical assistance with the solid waste management districts and regional planning entities. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 5.)

• § 6628. Plan, plan summary, and performance report review

  (a) Except as provided for in this section, a toxics use reduction and hazardous waste reduction plan developed under this subchapter shall be retained at the facility and is not a public record under 1 V.S.A. § 317. If a person developing a toxics use reduction and hazardous waste reduction plan under this chapter chooses to send all or a portion of the plan to the Secretary for review, it is exempt from public inspection and copying under the Public Records Act and shall be kept confidential. A plan summary submitted pursuant to section 6629 of this title shall be submitted to the Secretary and shall be a public record.

  (b) For the purposes of this subchapter, a Class A generator, Class B generator, or large user shall permit any designated employee of the Department to inspect the toxics use reduction and hazardous waste reduction plan.

  (c) The Department may review a plan, plan summary, or annual performance report to determine whether the plan, plan summary, or performance report is adequate according to the provisions of sections 6629 and 6630 of this title. If a Class A generator, Class B generator, or large user fails to complete an adequate plan, plan summary, or annual performance report, the Department, upon review of the plan, plan summary, or performance report shall notify the generator or user of the inadequacy, identifying the specific deficiencies. The Department shall specify a reasonable time frame of not less than 90 days nor more than 180 days within which the generator or user shall modify a plan, plan summary, or performance report to address the specified deficiencies, and the Department shall make technical assistance available to aid the generator or user in modifying its plan, plan summary, or performance report.

  (d) If the Department determines that a modified plan, plan summary, or performance report is inadequate, the Department may either require further modification or issue an administrative order pursuant to subsection (e) of this section.

  (e) If after having received a list of specified deficiencies from the Department, a Class A generator, Class B generator, or large user fails to develop an adequate plan, plan summary, or performance report within a time frame specified pursuant to subsection (c) or (d) of this section, the Department may order that generator or user to submit an adequate plan, plan summary, or performance report within a reasonable time frame of not less than 90 days. If the generator or user fails to develop an adequate plan, plan summary, or performance report within the time frame specified, a meeting shall be held between the generator or user, the Department, and the Secretary in a final attempt to resolve outstanding concerns and issues. If no compromise can be reached to modify the plan, plan summary, or performance report, the generator or large user shall submit to the Secretary any inadequate plan, and the Department shall conduct a public hearing on the plan, plan summary, or performance report. Except as provided under 1 V.S.A. § 317, in any hearing under this section, the relevant plan, plan summary, or performance report shall be considered a public record as defined in 1 V.S.A. § 317.

  (f) On or after October 1, 1992, and every two years thereafter, the Secretary shall select, by the SIC Code, at least two categories of generators with potential for toxics use reduction and hazardous waste reduction and shall:

  (1) examine the plans of selected generators and large users in the category, unless the Secretary determines that Agency resources are inadequate to complete plan reviews for all generators and users in the category, in which case the Secretary need only complete those that resources will accommodate;

  (2) determine whether the selected generators and large users that are reviewed comply with section 6629 of this title;

  (3) identify successful toxics use reduction and hazardous waste reduction approaches, including risk reduction, employed by generators and large users in the category and disseminate information concerning those approaches to generators and large users within the category.

  (g) On or after October 1, 1992 for Class A generators, on or after July 1, 1993 for Class B generators, and on or after July 1, 1996 for large users, the Secretary may inspect the plan, plan summary, or performance report. For generators that are both Class A or Class B generators and large users the toxics use reduction portion of the plan required for chemicals included in the planning process solely by the large user definition is not due until July 1, 1996.

  (h) In reviewing the adequacy of any plan, plan summary, or performance report, the Department shall base its determination solely on whether the plan, plan summary, or performance report is complete and prepared in accordance with section 6629 or 6630 of this title. The Department shall consider information provided under subsection 6629(b) in its review.

  (i) The Department shall maintain a log of each plan, plan summary, or performance report it reviews, a list of all plans, plan summaries, or performance reports that have been found inadequate under subsection (e) of this section and descriptions of corrective actions taken. This information shall be available to the public at the Department’s office.

  (j) Fees shall be submitted annually on March 31. Fees shall be submitted to the Secretary and deposited into the hazardous waste management account of the Waste Management Assistance Fund established under section 6618 of this title. Fees shall be computed according to the following:

  (1) $400.00 per toxic chemical identified pursuant to subdivision 6629(c)(4) of this title.

  (2) $400.00 per hazardous waste stream identified pursuant to subdivision 6629(c)(3) of this title.

  (3) Up to a maximum amount of:

  (A) $2,000.00 per plan for Class A generators.

  (B) $400.00 per plan for Class B generators.

  (C) $2,000.00 per plan for large users.

  (D) $4,000.00 per plan for Class A generators that are large users.

  (E) $1,200.00 per plan for Class B generators that are large users. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 6; 1995, No. 42, §§ 1, 3; 1997, No. 155 (Adj. Sess.), § 38; 2003, No. 163 (Adj. Sess.), § 23; 2011, No. 161 (Adj. Sess.), § 5; 2015, No. 29, § 18; 2015, No. 57, § 22.)

• § 6629. Toxics use reduction and hazardous waste reduction plan; plan summary

  (a) Each Class A and Class B generator and each large user shall prepare a toxics use reduction and hazardous waste reduction plan for any toxic substance or hazardous waste identified pursuant to subdivisions (c)(3) or (c)(4) of this section. Initial plans shall be due on or before October 1, 1992 for Class A generators; on or before July 1, 1993 for Class B generators; and on or before July 1, 1996 for large users. Updated plans shall be prepared no later than July 1, 1996 and every third July 1 thereafter. For generators that are both Class A or Class B generators and large users, the toxics use reduction portion of the plan required for chemicals included in the planning process solely by the large user definition is due on July 1, 1996 as an integrated component of a toxics use and hazardous waste reduction plan. A toxics use reduction and hazardous waste reduction plan shall:

  (1) determine any toxics use reduction and hazardous waste reduction methods that may be implemented to reduce the use of toxic substances and hazardous waste generated without significantly shifting risks from one part of a process, environmental medium, or product to another;

  (2) include a plan to document and implement toxics use reduction methods and hazardous waste reduction methods identified in subdivision (1) of this subsection that are technically and economically feasible for the generator, including performance goals for the reduction of toxic substances and hazardous waste, and including a reasonable implementation schedule.

  (b) A facility required to complete a toxics use reduction and hazardous waste reduction plan may include as a preface to its initial plan:

  (1) An explanation and documentation regarding toxics use reduction and hazardous waste reduction efforts completed or in progress before the first reporting date.

  (2) An explanation and documentation regarding impediments to toxics use reduction and hazardous waste reduction specific to the individual facility.

  (c) The toxics use reduction and hazardous waste reduction plan shall be prepared for each site pursuant to the format adopted under section 6626 of this title and shall include:

  (1) The name and location of the site, including State plane coordinates.

  (2) The SIC Codes of the site.

  (3) Identification of each routinely generated hazardous waste resulting from ongoing processes or operations that has:

  (A) a yearly weight exceeding five percent of the total yearly weight of hazardous waste generated;

  (B) for acutely hazardous waste, a yearly weight exceeding five percent of the total yearly weight of acutely hazardous waste generated at the site.

  (4) Identification of each routinely used toxic substance resulting from ongoing processes or operations, exclusive of sale or distribution, that has:

  (A) a yearly weight exceeding 4,545.5 kg (10,000 lbs); or

  (B) a yearly weight of between 454.5 kg (1,000 lbs) and 4,545.4 kg (10,000 lbs) if the toxic substance comprises 10 percent or more of the total toxic substances used.

  (5) For each toxic substance and hazardous waste identified in subdivision (3) or (4) of this subsection, the plan shall include:

  (A) an estimate of the quantity of toxic substance, or raw material resulting in hazardous waste, used and hazardous waste generated;

  (B) an evaluation of feasible toxics use reduction and hazardous waste reduction methods available to the generator or large user.

  (6) A specification of, and a rationale for the technically and economically feasible toxics use reduction and hazardous waste reduction methods that will be taken by the generator or large user with respect to each toxic substance or hazardous waste identified in subdivision (3) or (4) of this subsection. The plan shall give priority to toxics use reduction methods. The plan shall document the generator’s or large user’s rationale for rejecting any available toxics use reduction or hazardous waste reduction method identified in subdivision (5) of this subsection. The generator or large user shall have the sole and final authority to determine which, if any, toxics use reduction or hazardous waste reduction methods will be implemented.

  (7) An evaluation of the effects of the chosen toxics use reduction or hazardous waste reduction method on emissions and discharges to air, water, or land, and with respect to whether or not that method adversely affects compliance with applicable laws, rules, and regulations.

  (8) A written statement articulating upper management and corporate policy with respect to the toxics use reduction and hazardous waste reduction plan and a commitment to implement plan goals.

  (9) A description of employee awareness programs that may include training programs specific to the implementation of the planning process to inform and involve the employees in toxic use reduction and hazardous waste reduction planning and implementation to the extent technically and economically feasible.

  (d) As part of each plan developed under this section, a large user or generator shall establish specific performance goals for the reduction of toxics and hazardous waste in the following categories:

  (1) Any toxic substance used in quantities in excess of 4,545.5 kg (10,000 lbs) a year or any toxic substance used in quantities between 454.5 kg (1,000 lbs) and 4,545.5 kg (10,000 lbs) per year that constitutes 10 percent or more of the total toxic substances used.

  (2) For Class A and Class B generators, any hazardous waste representing 10 percent or more by weight of the cumulative hazardous waste stream generated per year.

  (3) Whenever technically and economically practicable, the specific performance goals established shall be expressed in numeric terms. If the establishment of numeric goals is not practicable, the performance goals shall include a clearly stated list of objectives designed to lead to the establishment of numeric goals as soon as is practicable.

  (e) Each generator or large user shall explain the rationale for each performance goal. The rationale for a particular performance goal shall address any impediments to toxics use reduction and hazardous waste reduction, including the following:

  (1) The availability of technically practicable toxics use reduction and hazardous waste reduction methods, including any anticipated changes.

  (2) The economic practicability of available toxics use reduction and hazardous waste reduction methods, including any anticipated changes. Examples of situations where toxics use reduction or hazardous waste reduction may not be economically practicable include:

  (A) For valid reasons of prioritization, a particular facility has chosen to first address other more serious toxics use reduction or hazardous waste reduction concerns.

  (B) Necessary steps to reduce toxics use and hazardous waste are likely to have significant adverse impacts on product quality.

  (C) Legal or contractual obligations interfere with the necessary steps that would lead to toxics use reduction or hazardous waste reduction.

  (f) Class A and Class B generators and large users shall prepare and submit plan summaries and updated plan summaries by the respective deadlines established under subsection (a) of this section for the completion of plans and updated plans. The plan summary shall include:

  (1) For each toxic substance or hazardous waste identified in subdivision (c)(3) or (c)(4) of this section, a matrix form that indicates the toxics use reduction and hazardous waste reduction methods the large user or generator plans to implement in the next three years. On the horizontal axis of the matrix shall be listed the toxics use reduction and hazardous waste reduction methods of input substitution, product reformulation, production unit redesign, production unit modernization, improved operation and maintenance of production units, recycling or reuse integral to the production unit, and recycling outside the production process after the waste is generated. On the vertical axis shall be listed the following: method not considered, method considered but rejected (economic feasibility), method considered but rejected (technical feasibility), and method to be implemented. The large user or generator shall mark the intersection of a reduction or management technique on the horizontal axis with one of the options in the vertical axis. The larger user or generator shall provide a general written description of the information provided in the matrix and may provide any additional information to summarize the plan.

  (2) A list of toxic substances and hazardous wastes that are covered by the plan.

  (3) A written statement articulating upper management and corporate policy with respect to the toxics use reduction and hazardous waste reduction plan and a commitment to implement plan goals.

  (4) As an option, a description of the specific performance goals established under subsection (d) of this section. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 7; 1995, No. 42, § 2; 2019, No. 131 (Adj. Sess.), § 37.)

• § 6630. Toxics use reduction and hazardous waste reduction performance report

  (a) On or before March 31, 1994, or March 31 of the year following the first plan, whichever is later, and annually thereafter, each generator or large user shall prepare and submit a hazardous materials management performance report to the House Committee on Environment and Energy and the Senate Committee on Natural Resources and Energy documenting toxics use reduction and hazardous waste reduction methods implemented by the generator or large user.

  (b) The performance report shall be prepared for each site in accordance with the format adopted pursuant to section 6626 of this title, and shall include:

  (1) The name and location of the site, including State plane coordinates.

  (2) The SIC Code for the site.

  (3) The following information for each hazardous waste or toxic substance identified under subsection 6629(c) of this title:

  (A) an estimate of the quantity of hazardous waste generated and the quantity of hazardous waste managed, both on-site and off-site, during the current reporting year and the baseline year, as specified in subsection (c) of this section;

  (B) an estimate of the quantity of toxic substances, or raw material resulting in hazardous waste, used during the current reporting year and the baseline year, as specified in subsection (c) of this section;

  (C) an estimate of the percentage of toxics use reduction and hazardous waste reduction achieved by each toxics use reduction and hazardous waste reduction measure implemented since the baseline year as specified in subsection (c) of this section;

  (D) an assessment of the effect, during the current year, of each hazardous waste reduction measure and toxics use reduction measure implemented since the baseline year relative to each performance goal established in subsection 6629(d) of this title;

  (E) a description of factors during the current reporting year that have affected toxics use, hazardous waste generation, releases into the environment caused by use or waste generation as defined by the large user, Class A generator, and Class B generator status, and on-site and off-site hazardous waste management since the baseline year, including:

  (i) changes in business activity;

  (ii) changes in waste classification;

  (iii) natural phenomena; and

  (iv) other factors that have affected either the quantity of toxics used or hazardous waste generated or onsite and offsite hazardous waste management requirements; and

  (F) a description of wastes concentrated solely for purposes of reducing volume.

  (c) For purposes of subsection (b) of this section, the following definitions apply:

  (1) The current reporting year is the calendar year immediately preceding the year in which the report is to be prepared.

  (2) The baseline year is either of the following, whichever is applicable:

  (A) For the initial performance report, the baseline year is the calendar year selected by the generator or large user for which substantial toxics use, hazardous waste generation, or on-site or off-site management data is available, before the initial planning year. If the generator or large user selects the initial planning year as the baseline year for the initial report, the information required pursuant to subdivision (3) of subsection (b) of this section, for the initial report shall be provided for the initial planning year. The generator or large user may include as part of the report a description of accomplishments in toxics use reduction and hazardous waste reduction prior to the baseline year.

  (B) For all subsequent reports, the information of subsection (b) of this section shall be compared against the baseline year, the plan year, and the year immediately preceding this report if different than the plan year.

  (d) Every report completed pursuant to this section shall be submitted by the generator or large user for review and certification by an engineer who is registered as a Vermont professional engineer or by an individual who is responsible for the processes and operation of the site. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 1991, No. 100, § 8; 2011, No. 139 (Adj. Sess.), § 11, eff. May 14, 2012; 2017, No. 113 (Adj. Sess.), § 49b.)

• § 6631. Repealed. 2009, No. 33, § 83(e)(9).

• § 6632. Trade secrets

  The Secretary shall adopt rules to ensure that trade secrets designated by a generator in all or a portion of the review and plans, and the report required by this subchapter, which are exempt from public inspection and copying under 1 V.S.A. § 317(c)(9), shall be used by the Secretary, the Department, and any authorized representative of the Department only in connection with the responsibilities of the Department pursuant to this subchapter, and otherwise shall be kept confidential. (Added 1989, No. 282 (Adj. Sess.), § 17, eff. June 22, 1990; amended 2015, No. 29, § 19.)

• § 6633. Interagency Committee on Chemical Management

  (a) Creation. There is created the Interagency Committee on Chemical Management in the State to:

  (1) evaluate chemical inventories in the State on an annual basis;

  (2) identify potential risks to human health and the environment from chemical inventories in the State; and

  (3) propose measures or mechanisms to address the identified risks from chemical inventories in the State.

  (b) Membership. The Interagency Committee on Chemical Management shall be composed of the following eight members:

  (1) the Secretary of Agriculture, Food and Markets or designee;

  (2) the Secretary of Natural Resources or designee;

  (3) the Commissioner of Health or designee;

  (4) the Commissioner of Labor or designee;

  (5) the Commissioner of Public Safety or designee;

  (6) the Secretary of Commerce and Community Development or designee;

  (7) the Secretary of Digital Services or designee; and

  (8) the Secretary of Transportation or designee.

  (c) Powers and duties. The Interagency Committee on Chemical Management shall:

  (1) Convene a citizen advisory panel to provide input and expertise to the Committee. The citizen advisory panel shall consist of persons available to the Committee on an as-needed basis to provide the following expertise:

  (A) one individual with expertise in toxicology;

  (B) one individual with expertise in environmental health;

  (C) one individual with expertise in maternal and child health;

  (D) one individual with expertise in industrial hygiene or occupational health;

  (E) one individual with expertise in human health and environmental risk assessment;

  (F) one individual with expertise in manufacturing products or processes located in Vermont and subject to Vermont recordkeeping and reporting requirements;

  (G) one individual with expertise in retail sales located in Vermont;

  (H) one individual associated with a small business located in Vermont and subject to Vermont recordkeeping and reporting requirements;

  (I) one individual associated with an academic institution with expertise in chemical management or chemical policy;

  (J) one individual with expertise in environmental law;

  (K) one individual with expertise in public policy, with a focus on chemical policy; and

  (L) one individual with expertise in development and administration of information reporting technology or databases.

  (2) Monitor actions taken by the U.S. Environmental Protection Agency (EPA) to regulate chemicals under the Toxic Substances Control Act, 15 U.S.C. chapter 53, and notify relevant State agencies of any EPA action relevant to the jurisdiction of the agency.

  (3) Annually review chemical inventories in the State in relation to emerging scientific evidence in order to identify chemicals of high concern not regulated by the State.

  (4) Develop written procedures, guidance, and other resources that are necessary and appropriate to carry out the functions of the Interagency Committee on Chemical Management.

  (d) Assistance. The Interagency Committee on Chemical Management shall have the administrative, technical, and legal assistance of the Agency of Natural Resources, the Agency of Agriculture, Food and Markets, the Department of Health, the Department of Public Safety, the Department of Labor, the Agency of Commerce and Community Development, and the Agency of Digital Services.

  (e) Report. On or before December 15, 2020 and biennially thereafter, the Interagency Committee on Chemical Management shall report to the Governor and make recommendations regarding the actions of the Committee in accordance with this section. Copies of the report shall be submitted to the Senate Committees on Natural Resources and Energy, on Health and Welfare, and on Economic Development, Housing and General Affairs and the House Committees on Natural Resources, Fish, and Wildlife, on Human Services, and on Commerce and Economic Development. The provisions of 2 V.S.A. § 20(d) regarding expiration of required reports shall not apply to the report to be made under this section. The report shall include:

  (1) a summary of chemical use in the State based on reported chemical inventories;

  (2) a summary of identified risks to human health and the environment from reported chemical inventories;

  (3) a summary of any change under federal statute or rule affecting the regulation of chemicals in the State; and

  (4) recommended legislative or regulatory action to reduce risks to human health and the environment from regulated and unregulated chemicals of emerging concern.

  (f) Meetings.

  (1) The Secretary of Natural Resources or designee shall be the Chair of the Interagency Committee on Chemical Management.

  (2) The Secretary of Natural Resources or designee shall call the first meeting of the Interagency Committee on Chemical Management to occur on or before July 1, 2019.

  (3) A majority of the membership of the Interagency Committee on Chemical Management shall constitute a quorum.

  (g) Authority of agencies. The establishment of the Interagency Committee on Chemical Management shall not limit the independent authority of a State agency to regulate chemical use or management under existing State or applicable federal law. (Added 2019, No. 75, § 1, eff. June 19, 2019.)

• Subchapter 003: BROWNFIELDS REUSE AND ENVIRONMENTAL LIABILITY LIMITATIONS

• § 6641. Brownfield Property Cleanup Program; creation; powers

  (a) There is created the Brownfield Property Cleanup Program to enable certain interested parties to request the assistance of the Secretary to review and oversee work plans for investigating, abating, removing, remediating, and monitoring a property in exchange for protection from certain liabilities under section 6615 of this title. The Program shall be administered by the Secretary who shall:

  (1) Specify an appropriate amount or type of insurance, require the posting of a bond or other form of financial assurance, or establish other qualifications for persons carrying out activities related to the Cleanup Program.

  (2) Contract with private engineers, hydrologists, and site professionals to provide the investigation and review required by this subchapter. The contract may be financed from the oversight fees established in subdivision 6644(5) of this title or may bill an applicant who is not liable under subdivision 6615(a)(1) of this title for the services.

  (3) Release an applicant from State liability, provided the applicant is in compliance with this subchapter.

  (b) After approval of a site investigation work plan or a corrective action plan, the Secretary shall notify the person of any future requirements under this subchapter, including a tentative schedule of processing times. (Added 2007, No. 147 (Adj. Sess.), § 7.)

• § 6642. Definitions

  As used in this subchapter:

  (1) “Applicant” means a person who has applied for relief from State liability through participation in the Program.

  (2) “Brownfield site” means real property, the expansion, redevelopment, or reuse of which may be complicated by the release or threatened release of a hazardous material. “Brownfield site” does not include any of the following:

  (A) A facility that is the subject of a planned or ongoing removal action under CERCLA.

  (B) A facility that is listed as a CERCLA site or is proposed for listing.

  (C) A facility that is the subject of any State or federal administrative or court order under any of the following authorities:

  (i) 42 U.S.C. § 9601 et seq. (CERCLA) or section 6615 of this title (State hazardous materials remediation);

  (ii) 42 U.S.C. § 6901 et seq. (Solid Waste Disposal Act) or chapter 159 of this title (solid waste or hazardous waste);

  (iii) 33 U.S.C. § 1251 et seq. (federal Water Pollution Control Act) or chapter 47 of this title (water pollution control);

  (iv) 15 U.S.C. § 2601 et seq. (Toxic Substances Control Act);

  (v) 42 U.S.C. § 300f et seq. (Safe Drinking Water Act) or chapter 56 of this title (public water supply).

  (D) A facility that is subject to either of the following:

  (i) corrective action under 42 U.S.C. § 6924(u) or 6928(h);

  (ii) corrective action permit or order issued or modified to require the implementation of corrective measures.

  (E) A land disposal unit in regard to which both of the following apply:

  (i) a closure notification under subtitle C of 42 U.S.C. § 6921 et seq. has been submitted;

  (ii) closure requirements have been specified in a closure plan or permit.

  (F) A facility that is subject to the jurisdiction, custody, or control of any instrumentality of the United States, except for land held in trust by the United States for an Indian tribe.

  (G) A portion of a facility to which both the following apply:

  (i) a release of polychlorinated biphenyls has occurred;

  (ii) is subject to remediation under 15 U.S.C. § 2601 et seq. (Toxic Substances Control Act).

  (H) A portion of a facility for which assistance for response activity has been obtained under subtitle I of 42 U.S.C. § 6991 et seq. (Solid Waste Disposal Act) from the Leaking Underground Storage Tank Trust Fund established under 26 U.S.C. § 9508.

  (3) “CERCLA” means the Comprehensive Environmental, Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq.

  (4) “Innocent current owner” means a person that owns real property where a release or threatened release of a hazardous material exists but the person did none of the following:

  (A) held an ownership interest in the property or in any related fixtures or appurtenances, excluding a secured lender’s holding indicia of ownership in the property to assure the repayment of a financial obligation at the time of any disposal of hazardous materials on the property;

  (B) directly or indirectly caused or contributed to any releases or threatened releases of hazardous materials at the property;

  (C) operated or controlled the operation at the property of a facility for the storage treatment or disposal of hazardous materials at the time of the disposal of hazardous materials at the property;

  (D) disposed of or arranged for the disposal of hazardous materials at the property;

  (E) generated the hazardous materials that were disposed of at the property.

  (5) “Program” means the Brownfield Property Cleanup Program.

  (6) “Remediation standards” means standards developed by the Secretary for the remediation of contaminated properties. The Secretary shall determine appropriate remediation standards on a site-specific basis and shall consider all the following:

  (A) future land use and the appropriate use of institutional controls;

  (B) environmental media, including soil, groundwater, surface water, and air;

  (C) requirements for source removal, treatment, or containment;

  (D) appropriate use of monitored natural attenuation;

  (E) any other issue related to the protection of public health and the environment. (Added 2007, No. 147 (Adj. Sess.), § 7.)

• § 6643. Application process

  A person shall apply to the Secretary for participation in the Program on a form determined by the Secretary accompanied by a nonrefundable application fee of $500.00. The application shall include:

  (1) A preliminary environmental assessment of the property, a legal description of the property, a description of the physical characteristics of the property, the nature and extent of releases and threatened releases at the property and the risks to human health and the environment presented by the releases or threatened release, and any other information requested by the Secretary.

  (2) A description of the proposed redevelopment and use of the property.

  (3) A certification that the applicant has given timely notification to the public that provides a reasonable opportunity for public comment to the Secretary regarding the information and material provided in subdivisions (2) and (3) of this section.

  (4) A notarized certification, on a form provided by the Secretary, in which the applicant attests to all the following:

  (A) Each person who would benefit from liability protection pursuant to section 6653 of this title has disclosed to the Secretary all information currently known to the person or in the person’s possession or control that relates to releases or threatened releases of hazardous materials at the property.

  (B) No person, including a principal, owner, director, affiliate, or subsidiary, who would benefit from liability protection pursuant to section 6653 of this title:

  (i) currently holds or ever held an ownership interest in the property or in any related fixtures or appurtenances, except for either of the following:

  (I) a secured lender’s holding indicia of ownership in the property primarily to assure repayment of a financial obligation;

  (II) an innocent current owner;

  (ii) directly or indirectly caused or contributed to any releases or threatened releases of hazardous materials at the property;

  (iii) currently operates or controls or ever operated or controlled the operation at the property of a facility for the storage, treatment, or disposal of hazardous materials from which there was a release;

  (iv) disposed of, or arranged for the disposal of hazardous materials at the property;

  (v) generated hazardous materials that were disposed of at the property. (Added 2007, No. 147 (Adj. Sess.), § 7.)

• § 6644. General obligations

  Any person participating in the Program shall do all the following:

  (1) Not provide any information required under this subchapter by fraud, intentional misrepresentation, failure to disclose material information, or providing false certification.

  (2) Not engage in any activity that is inconsistent or interferes with monitoring, investigation, abatement, removal, or remediation activities or the conditions or restrictions in a certificate of completion.

  (3) Provide access to and cooperate with the Secretary and any person liable pursuant to section 6615 of this title acting subject to the approval of the Secretary for investigation, abatement, removal, remediation, or monitoring activities at the property. The grant of access and all other provisions that the Secretary determines necessary may be memorialized in the form of an interest in real property that runs with the land and is binding against successors and assigns.

  (4) Comply with all rules and procedures required by the Secretary and obtain all necessary permits, certifications, and other required authorizations prior to beginning any site investigation or corrective action plan activities.

  (5) If an innocent current owner, pay any additional costs of the Secretary’s review and oversight of the site investigation or corrective action plan, or both.

  (6) Provide the Secretary with all documents and information relating to the performance of the investigation, abatement, removal, remediation, and monitoring activities.

  (7) Defend, indemnify, save, and hold harmless the State from all claims and causes of action related to, or arising from, acts or omissions of the applicant in performing the site investigation and corrective action plan except in the case of either of the following:

  (A) reimbursement of fees or costs improperly required by and paid to the Secretary by the eligible person or successor;

  (B) a cause of action related to the State’s liability pursuant to subsection 6615(a) of this title. (Added 2007, No. 147 (Adj. Sess.), § 7; amended 2009, No. 134 (Adj. Sess.), § 31.)

• § 6645. Eligibility

  Not more than 30 days after the Secretary receives a complete application, the Secretary shall determine eligibility and provide written notice to the applicant of the Secretary’s determination. A person is eligible for participation in the Program if the Secretary determines all the following:

  (1) There is a release or threatened release of hazardous material at the property that the person proposes for remediation and redevelopment.

  (2) The applicant is not liable pursuant to section 6615 of this title for any release or threatened release of a hazardous material at the property or the person is an innocent current owner of the property. The Commissioner may accept an affidavit of innocence or may request further information and investigate to determine compliance with this section. Any determination of innocence or liability under this subdivision is solely for the purpose of the initial eligibility determination for this Program and shall have no collateral effect in other proceedings.

  (3) The property is a Brownfield site, or the Secretary determines, on a site-by-site basis, both the following:

  (A) The property is not a Brownfield site because it is excluded pursuant to subdivision 6642(2)(A), (C)(ii)—(v), (D), (E), (G), or (H) of this title.

  (B) Participation in the Program will promote the Program objectives identified in subsection 6641(a) of this title. (Added 2007, No. 147 (Adj. Sess.), § 7.)

• § 6646. Forbearance

  Provided that the applicant has been determined to be eligible for the Program and is working in good faith toward meeting the obligations required by this subchapter:

  (1) the State may not bring an action against an applicant based on liability as an owner pursuant to subdivision 6615(a)(1) of this title; and

  (2) with respect to prospective purchasers, no person may bring a claim for contribution pursuant to subsection 6615(i), provided:

  (A) the prospective purchaser’s liability is limited to liability as an owner pursuant to subdivision 6615(a)(1) of this title; and

  (B) the Secretary has approved a corrective action plan for the site pursuant to section 6648 of this title. (Added 2007, No. 147 (Adj. Sess.), § 7; amended 2021, No. 170 (Adj. Sess.), § 9, eff. July 1, 2022.)

• § 6647. Site investigation

  (a) The applicant shall submit a site investigation work plan to the Secretary. The work plan shall identify the person or persons who will conduct the site investigation. The work plan shall provide a site investigation that satisfies all the following objectives:

  (1) defines the nature, source, degree, and extent of the contamination;

  (2) defines all possible pathways for contaminant migration;

  (3) presents data that quantify the amounts of contaminants migrating along each pathway;

  (4) defines all relevant sensitive receptors;

  (5) determines the risk of contamination to human health and the environment;

  (6) identifies appropriate abatement, removal, remediation, and monitoring activities, taking into consideration the proposed redevelopment for the property supported by sufficient information;

  (7) provides a preliminary recommendation supported by sufficient information.

  (b) The Secretary shall evaluate the site investigation work plan and shall either approve, approve with conditions, or disapprove the site investigation work plan. If the Secretary approves the site investigation work plan with conditions or disapproves the work plan, the applicant shall submit a revised site investigation work plan for approval, or the applicant shall withdraw from the Program. The applicant shall submit any additional or corrected information requested by the Secretary at any time during the evaluation of the site investigation work plan.

  (c) After approval of the site investigation work plan, the applicant shall implement the site investigation in accordance with the approved work plan.

  (d) After completion of the site investigation, the applicant shall submit a site investigation report that describes the information gathered and provides recommendations that address the items identified in subsection (a) of this section. The Secretary may approve the site investigation report or, prior to approval, may require revisions to the report or further site investigation work under an amended site investigation work plan, or both.

  (e) If the approved site investigation report concludes that no further investigation, abatement, removal, remediation, or monitoring activities are required to protect adequately human health and the environment and to meet all applicable remediation standards, then the applicant may request a determination from the Secretary that no additional investigation, abatement, removal, remediation, or monitoring activities are required. The Secretary may make that determination if the Secretary determines both of the following:

  (1) Redevelopment and reuse of the property will not cause, allow, contribute to, worsen, or delay any release or threatened release of hazardous materials at the property.

  (2) The releases or threatened releases that are not abated, removed, or remediated do not pose an unacceptable risk to human health, and the environment and applicable remediation standards are met.

  (f) If the approved site investigation report concludes that abatement, removal, remediation, or monitoring activities are required to protect adequately human health and the environment and to meet all applicable remediation standards, the applicant shall submit a corrective action plan in accordance with section 6648 of this title. (Added 2007, No. 147 (Adj. Sess.), § 7.)

• § 6648. Corrective action plan

  (a) A corrective action plan shall clearly describe the basis and details of a proposed cleanup strategy that includes ensuring technical feasibility, an effective engineering design, reasonable costs, protection of human health and the environment, and compliance with the remediation standards. The corrective action plan shall include all the following:

  (1) a description of all releases or threatened releases existing at the property;

  (2) a proposed plan for abatement, removal, and remediation of any release or threatened release, including any condition that has led or could lead to a release or threatened release;

  (3) a plan for continued monitoring of the property during and after the investigation, abatement, removal, and remediation activities are completed;

  (4) a description of applicable remediation standards;

  (5) plans for all the following:

  (A) quality assurance;

  (B) sampling and analysis;

  (C) health and safety considerations;

  (D) data management and record keeping;

  (6) a proposed schedule for implementation of each task set forth in the proposed corrective action plan.

  (b) The Secretary shall evaluate the corrective action plan and shall either approve, approve with conditions, or disapprove the corrective action plan. The applicant shall submit any additional or corrected information requested by the Secretary at any time during the evaluation of the corrective action plan.

  (c) The Secretary may approve a corrective action plan for all or a portion of the releases or threatened releases at the property, provided the Secretary determines that the corrective action plan will fulfill both the following:

  (1) Activities in the approved corrective action plan and the redevelopment and use of the property will not cause, contribute to, or worsen any release or threatened release of hazardous materials.

  (2) The corrective action plan provides for all investigation, abatement, removal, remediation, and monitoring activities required to protect human health and the environment and to meet all applicable remediation standards.

  (d) If the Secretary approves a corrective action plan that addresses only a portion of the releases or threatened releases at the property, the Secretary must find that the releases or threatened releases that are not abated, removed, or remediated pursuant to the corrective action plan do not and will not pose an unacceptable risk to human health and the environment and are in compliance with remediation standards.

  (e) Before approving a corrective action plan under this subchapter, the Secretary shall proceed in accordance with chapter 170 of this title.

  (f) After approval of a corrective action plan and any amendments to the plan, the Secretary shall notify the claimant of all the following information:

  (1) a summary of the nature of the contamination identified on the property and the major components of the corrective action plan;

  (2) a detailed description of any restrictions on the future use of the property;

  (3) the location where all information relating to an approved corrective action plan and site investigation may be reviewed.

  (g) The person receiving the approval shall file the notice of approval of the corrective action in the land records of the municipality in which the property is located within 15 days of receipt of the approval. (Added 2007, No. 147 (Adj. Sess.), § 7; amended 2015, No. 150 (Adj. Sess.), § 28, eff. Jan. 1, 2018.)

• § 6649. Amendments to a corrective action plan

  (a) Except for the corrective action plan adjustment limitations provided under subsection (b) of this section, at the applicant’s request or in the Secretary’s discretion, the Secretary may amend the plan if the Secretary determines that the amendment is necessary to protect public health and the environment.

  (b) An approved corrective action plan of an applicant who became a participant in the Program prior to acquiring any ownership interest in the property and who is not otherwise liable pursuant to section 6615 of this title may be amended only at the Secretary’s discretion, provided the amendments to the corrective action plan do not increase the costs of completion by more than 30 percent of the estimated costs of the original corrective action plan.

  (c) Notwithstanding issuance of a certificate of completion pursuant to section 6653 of this title, if at any time the Secretary finds that a completed corrective action plan fails to protect adequately human health and the environment or fails to meet all applicable remediation and federal cleanup standards, the Secretary may do any of the following:

  (1) exercise authority pursuant to section 6615 of this title against any liable person except the person or the successor of the person that completed the corrective action plan;

  (2) perform all investigation, abatement, removal, remediation, or monitoring activities necessary to ensure the property meets all the applicable remediation standards. (Added 2007, No. 147 (Adj. Sess.), § 7.)

• § 6650. Program withdrawal

  (a) An applicant may withdraw from the Program at any time, provided the applicant does all the following:

  (1) Files with the Secretary a notice of intent to withdraw from the Program.

  (2) Ensures that the site is stabilized. Site stabilization includes any action necessary to ensure that work conducted at the property will not cause greater risk to human health and the environment than existed before the remediation work was begun and to ensure that the property will not pose an imminent hazard to human health or the environment.

  (3) Continues to comply with the general obligations of section 6644 of this title.

  (b) An applicant may withdraw from the Program after the approval of a corrective action plan and the Secretary has granted personal liability protection as authorized in subsection 6653(b) of this title provided the applicant does all the following:

  (1) Meets all the requirements of withdrawal pursuant to subsection (a) of this section.

  (2) Records a deed restriction on the property approved by the Secretary. The deed restriction shall include:

  (A) any limitations on the uses of the property based on risk-based exposure criteria used in developing the corrective action plan;

  (B) prohibitions against physical changes to the property;

  (C) a requirement that protective barriers to control remaining sources of contamination be installed and maintained;

  (D) restrictions on groundwater use and requirements that alternative water supplies be provided.

  (3) Does not engage in an activity at the property that is inconsistent or interferes with the approved corrective action plan.

  (4) Does not violate any use restriction imposed on the property by the Secretary.

  (5) Promptly reports and addresses contamination caused or exacerbated by a negligent or reckless action during corrective action. (Added 2007, No. 147 (Adj. Sess.), § 7.)

• § 6651. Implementation of corrective action plan

  (a) The applicant shall perform all investigation, abatement, remediation, removal, and monitoring activities in accordance with the approved corrective action plan, any amendments to the plan, and all applicable local, State, and federal laws.

  (b) If prior to the issuance of the certificate of completion, the applicant through the performance of an approved site investigation or corrective action plan worsens an existing release or threatened release of hazardous materials at the property, or causes a new release or threatened release, the applicant shall immediately notify the Secretary, prepare and submit to the Secretary an amendment to the corrective action plan for investigation, abatement, removal, remediation, and monitoring of the release or threatened release, and carry out the amended corrective action plan as approved by the Secretary. (Added 2007, No. 147 (Adj. Sess.), § 7.)

• § 6652. Certificate of completion

  (a) After completion of all activities required by the corrective action plan, the applicant shall file a completion report with the Secretary. The completion report shall include all the following:

  (1) description of the activities performed under the corrective action plan and any amendments to the plan;

  (2) description of any problems encountered;

  (3) certification by the applicant that the activities were performed in accordance with the corrective action plan.

  (b) Upon receipt of the completion report, the Secretary shall determine whether additional work is required in order to complete the plan. The applicant shall perform any additional activities necessary to complete the corrective action plan as required by the Secretary and shall submit a new completion report. When the Secretary determines that the applicant has successfully completed the corrective action plan and paid all fees and costs due under this subchapter, the Secretary shall issue a certificate of completion, which certifies that the work is completed. The certificate of completion shall include a description of any land use restrictions and other conditions required by the corrective action plan. The Secretary may establish land use restrictions in the certificate of completion for a property, but the Secretary shall not acquire interests in the property in order to establish a land use restriction.

  (c) If, on request of the applicant, the Secretary determines that no further investigation, abatement, removal, remediation, or monitoring activities are required, the Secretary shall issue a certificate of completion that includes a description of any required land use restrictions.

  (d) The Secretary may determine that a corrective action plan and any amendments of an applicant who participated in the program prior to acquiring an ownership interest in the property and is not otherwise liable pursuant to section 6615 of this title have been substantially completed and that all fees and costs due under this subchapter have been paid and issue a certificate of completion. The certificate of completion shall certify that the work is completed and may include conditions for operation and monitoring in addition to the requirements pursuant to section 6653 of this title.

  (e) A certificate of completion issued pursuant to this section shall contain a statement that the protection from liability pursuant to subsection 6653(a) of this title is in effect. The person receiving the certificate of completion shall file it in the land records for the municipality in which the property is located. (Added 2007, No. 147 (Adj. Sess.), § 7; amended 2017, No. 55, § 5, eff. June 2, 2017.)

• § 6653. Release from liability; personal release from liability

  (a) An applicant who has obtained a certificate of completion pursuant to section 6652 of this title and successor owners of the property included in the certificate of completion who are not otherwise liable under section 6615 for the release or threatened release of a hazardous material at the property shall not be liable under subdivision 6615(a)(1) of this title for any of the following:

  (1) A release or threatened release that existed at the property at the time of the approval of the corrective action plan and complies with one or both of the following:

  (A) was discovered after the approval of the corrective action plan by means that were not recognized standard methods at the time of approval of the corrective action plan;

  (B) the material was not regulated as hazardous material until after approval of the corrective action plan.

  (2) Cleanup after approval of the corrective action plan was done pursuant to more stringent cleanup standards effective after approval of the corrective action plan.

  (3) Natural resource damages pursuant to section 6615d of this title, provided that the applicant did not cause the release that resulted in the damages to natural resources.

  (b) A person who meets the requirements of subsection 6650(b) of this title shall not be liable under subdivision 6615(a)(1) of this title for the release of a hazardous material that is addressed in a corrective action plan approved by the Secretary. A release from liability under this subsection is personal and does not run with the property or apply to successors in interest to the property.

  (c) A release from liability under this section or forbearance from action provided by section 6646 of this title does not extend to any of the following:

  (1) A release or threatened release of a hazardous material that was not present at the time the applicant submitted an application pursuant to this subchapter where the release or threatened release:

  (A) has not been addressed under an amended corrective action plan approved by the Secretary; or

  (B) was caused by intentional or reckless conduct by the applicant or agents of the applicant.

  (2) Failure to comply with the general obligations established in section 6644 of this title.

  (3) A release that occurs subsequent to the issuance of a certificate of completion.

  (4) Failure to comply with the use restrictions contained within the certificate of completion for the site issued pursuant to subsection 6652(b) of this title.

  (d) There shall be no protection from liability under this section or forbearance under section 6646 of this title for a successor if that successor or any of its principals, owners, directors, affiliates, or subsidiaries:

  (1) ever held an ownership interest in the property or in any related fixtures or appurtenances, excluding a secured lender who holds indicia of ownership in the property primarily to assure repayment of a financial obligation, except in the case of an innocent owner;

  (2) directly or indirectly caused or contributed to any release or threatened release of hazardous materials at the property;

  (3) currently operates or controls or ever operated or controlled the operation on the property of a facility for the storage, treatment, or disposal of hazardous materials from which there was a release or threatened release of hazardous materials;

  (4) disposed of or arranged for the disposal of hazardous materials at the property;

  (5) generated hazardous materials that were disposed of at the property. (Added 2007, No. 147 (Adj. Sess.), § 7; amended 2017, No. 55, § 6, eff. June 2, 2017.)

• § 6654. Brownfield Revitalization Fund; creation; assistance

  (a) There is created a Brownfield Revitalization Fund that shall be a special fund created pursuant to 32 V.S.A. chapter 7, subchapter 5 to be administered by the Secretary of Commerce and Community Development to aid applicants in the redevelopment of the Brownfield Cleanup Program by assessing and remediating sites. Monies received by the Secretary of Natural Resources for application and participation in the Program shall be deposited in the redevelopment of contaminated properties account of the Environmental Contingency Fund established in section 1283 of this title.

  (b) The Fund shall comprise all the following;

  (1) State or federal funds appropriated by the General Assembly;

  (2) gifts, grants, or other contributions.

  (c) A person may apply to the Secretary of Commerce and Community Development for financial assistance in the form of a grant or loan from the Brownfield Revitalization Fund for the purpose of completing characterization, assessment, or remediation of a site only after receipt of a work plan approved by the Secretary submitted pursuant to the Brownfield Property Cleanup Program unless the application is for a project that has been determined to be ineligible for the Program and is otherwise appropriate for funding pursuant to subsection (d) of this section.

  (d) In order to determine an award of financial assistance, the Secretary of Commerce and Community Development in consultation with the Secretary of Natural Resources shall consider all the following:

  (1) the extent to which the proposed project will facilitate the identification and reduction of threats to human health and the environment associated with exposure to hazardous materials, pollutants, or contaminants;

  (2) the extent to which the proposed project will facilitate the use or reuse of existing infrastructure;

  (3) the potential for the proposed project to stimulate economic development;

  (4) the extent to which the proposed project will respond to local or regional housing needs;

  (5) the level of participation by a local community relating to remediation and future use of the Brownfield site;

  (6) the extent to which a grant or loan will meet the needs of a community that due to a small population or the low income of the community is unable to draw on other funding sources for environmental remediation and subsequent redevelopment of the area in which a Brownfield site is located;

  (7) the extent to which a grant or loan will facilitate the creation or preservation of or an addition to a park, greenway, underdeveloped property, recreational property, or other property used for nonprofit purposes;

  (8) the extent to which the grant or loan will create a more balanced geographic distribution of awards from the Brownfield Revitalization Fund.

  (e) A grant may be awarded by the Secretary of Commerce and Community Development with the approval of the Secretary of Natural Resources, provided that:

  (1) A grant may not exceed $50,000 for characterization and assessment of a site.

  (2) A grant may not exceed $500,000 for remediation of a site.

  (3) A grant may be used by an applicant to purchase environmental insurance relating to the performance of the characterization, assessment, or remediation of a Brownfield site in accordance with a corrective action plan approved by the Secretary of Natural Resources.

  (4) Financial assistance may be provided to applicants by developing a risk sharing pool, an indemnity pool, or other insurance mechanism designed to help applicants.

  (5) All reports generated by financial assistance from the Brownfield Revitalization Fund, including site assessments, site investigations, feasibility studies, corrective action plans, and completion reports, shall be provided as hard copies to the Secretaries of Commerce and Community Development and of Natural Resources.

  (f) The Vermont Economic Development Authority, VEDA, is authorized to make loans on behalf of the State pursuant to this section. Annually, the Secretary of Commerce and Community Development with the approval of the Secretary of Natural Resources in consultation with the VEDA manager shall determine an amount from the Brownfield Revitalization Program that will be available to VEDA for loans. Proceeds from repayment of loans shall be deposited in the Brownfield Revitalization Fund and shall be available for future grants and loans under this section. Loans under this subsection shall be issued and administered by VEDA, provided:

  (1) Loans may be awarded only to applicants who have been determined eligible by the Secretary of Commerce and Community Development with the approval of the Secretary of Natural Resources, and the Secretary of Commerce and Community Development has certified that the applicant and the project are eligible for financing or assistance under this section and the project has priority for an award of financial assistance.

  (2) A loan to an applicant for characterization or assessment may not exceed $250,000.00. Remediation loans shall not be capped. All loans shall be subject to all the following conditions:

  (A) Repayment of a loan shall commence no later than one year following completion of the project for which the loan was used.

  (B) The rate of interest on loans shall be set by VEDA in consultation with the Secretary of Commerce and Community Development. The interest rate shall be sufficiently attractive to advance the purposes of this subchapter and may be less than the prevailing borrowing rates available to similarly situated applicants from private lenders, but not less than zero percent.

  (C) Loans shall be made in accordance with the terms and conditions specified in a loan agreement executed by VEDA and the applicant. The loan agreement shall specify the terms and conditions of the loan and repayment and any other terms and conditions determined to be necessary by VEDA and the Secretaries of Natural Resources or of Commerce and Community Development.

  (D) Disbursement of loan proceeds shall be based on certification by the loan recipient that costs for which reimbursement is requested have been incurred or paid by the recipient for activities under the approved plan. The loan recipient shall provide supporting evidence of payment on request of VEDA. Interim financing charges or short-term interest costs may constitute an allowable cost of a project for which a loan may be used.

  (E) In the event of default, any amounts owed on the loan shall be considered a debt for the purposes of 32 V.S.A. § 5932(4). VEDA may recover this debt pursuant to the set-off debt collection remedy established pursuant to 32 V.S.A. §§ 5833 and 5934.

  (F) The applicant has certified that all State and federal permits and licenses necessary to undertake the project for which financing is being sought have been or will be obtained prior to disbursement of loan funds by VEDA.

  (G) The Secretary of Commerce and Community Development has certified to VEDA that the applicant and the project are eligible for financing or assistance under this section, and the project has priority for financial assistance.

  (3) The Secretary of Commerce and Community Development in consultation with the Secretary of Natural Resources shall maintain a prioritized list of projects that are eligible for financial assistance under this section at least annually. In order to prioritize, the Secretary of Commerce and Community Development shall consider at a minimum, the criteria set forth in subsection (d) of this section and the following:

  (A) the severity of any health or environmental hazard to be remediated;

  (B) the population to be served; and

  (C) the readiness of the project to proceed to the next planning or construction step.

  (4) Neither the State nor VEDA shall be responsible for owning or operating a project or for completing a corrective action plan if a grant or loan recipient defaults on a loan obligation, abandons the project site, or fails to complete a corrective action plan to the satisfaction of the Secretary.

  (5) The Secretary of Commerce and Community Development or the Secretary of Natural Resources and VEDA may enter into agreements on behalf of the State with federal agencies in order to obtain grants and awards to further the purposes of the Brownfield Revitalization Fund, provided that any grant or award has been approved in compliance with 32 V.S.A. § 5.

  (6) [Repealed.] (Added 2007, No. 147 (Adj. Sess.), § 7; amended 2009, No. 67 (Adj. Sess.), § 96; 2009, No. 161 (Adj. Sess.), § 31, eff. June 4, 2010; 2023, No. 78, § F.6, eff. July 1, 2023.)

• § 6655. State Plan for Brownfield Reclamation

  The Agency of Natural Resources and the Agency of Commerce and Community Development shall jointly develop a State Plan for Brownfield Reclamation that includes both of the following:

  (1) an inventory and assessment of potential sites prioritized by the ease of reducing the threat to public health, the availability of development opportunities, and the highest expected return on public investment;

  (2) methods and strategies for coordinating remediation with eventual usage of the sites, reclamation of high priority projects, financing projects with various public and private funding, and assuring consistent investment by the State for a minimum of 10 years in order to return as many properties as possible to recreation, parks, green space, housing, and commercial uses. (Added 2007, No. 147 (Adj. Sess.), § 7.)

• § 6656. Repealed. 2007, No. 147 (Adj. Sess.), § 10, eff. January 1, 2011.

• Subchapter 004: PAINT STEWARDSHIP PROGRAM

• § 6671. Purpose

  The purpose of this subchapter is to establish an environmentally sound, cost-effective Paint Stewardship Program in the State that will undertake responsibility for the development and implementation of strategies to reduce the generation of postconsumer paint; promote the reuse of postconsumer paint; and collect, transport, and process postconsumer paint, including reuse, recycling, energy recovery, and disposal. The Paint Stewardship Program will follow the waste management hierarchy for managing and reducing postconsumer paint in the order as follows: reduce consumer generation of postconsumer paint, reuse, recycle, provide for energy recovery, and dispose. The Paint Stewardship Program will provide more opportunities for consumers to manage properly their postconsumer paint, provide fiscal relief for local government in managing postconsumer paint, keep paint out of the waste stream, and conserve natural resources. (Added 2013, No. 58, § 1, eff. June 3, 2013.)

• § 6672. Definitions

  As used in this subchapter:

  (1) “Architectural paint” means interior and exterior architectural coatings, including interior or exterior water- and oil-based coatings, primers, sealers, or wood coatings, that are sold in containers of five gallons or less. “Architectural paint” does not mean industrial coatings, original equipment coatings, or specialty coatings.

  (2) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell architectural paint to retailers in Vermont.

  (3) “Energy recovery” means recovery in which all or a part of the solid waste materials are processed in order to use the heat content or other forms of energy of or from the material.

  (4) “Environmentally sound management practices” means policies to be implemented by a producer or a stewardship organization to ensure compliance with all applicable laws and also addressing such issues as adequate record keeping, tracking and documenting the fate of materials within the State and beyond, and adequate environmental liability coverage for professional services and for the operations of the contractors working on behalf of the producer organization.

  (5) “Municipality” means a city, town, or a village.

  (6) “Paint stewardship assessment” means a one-time charge that is:

  (A) added to the purchase price of architectural paint sold in Vermont;

  (B) passed from the producer to the wholesale purchaser to the retailer and then to a retail consumer; and

  (C) necessary to cover the cost of collecting, transporting, and processing the postconsumer paint managed through the statewide Program.

  (7) “Postconsumer paint” means architectural paint and its containers not used and no longer wanted by a purchaser.

  (8) “Producer” means a manufacturer of architectural paint who sells, offers for sale, or distributes that paint in Vermont under the producer’s own name or brand.

  (9) “Recycling” means any process by which discarded products, components, and by-products are transformed into new usable or marketable materials in a manner in which the original products may lose their identity but does not include energy recovery or energy generation by means of combusting discarded products, components, and by-products with or without other waste products.

  (10) “Retailer” means any person that offers architectural paint for sale at retail in Vermont.

  (11) “Reuse” means the return of a product into the economic stream for use in the same kind of application as originally intended, without a change in the product’s identity.

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

  (13) “Sell” or “sale” means any transfer of title for consideration, including remote sales conducted through sales outlets, catalogues, or the Internet or any other similar electronic means.

  (14) “Stewardship organization” means a nonprofit corporation or nonprofit organization created by a producer or group of producers to implement the Paint Stewardship Program required under this subchapter. (Added 2013, No. 58, § 1, eff. June 3, 2013.)

• § 6673. Paint Stewardship Program

  (a) A producer or a stewardship organization representing producers shall submit a plan for the establishment of a Paint Stewardship Program to the Secretary for approval by December 1, 2013. The plan shall address the following:

  (1) Provide a list of participating producers and brands covered by the Program.

  (2) Provide specific information on the architectural paint products covered under the Program, such as interior or exterior water- and oil-based coatings, primers, sealers, or wood coatings.

  (3) Describe how the Program proposed under the plan will collect, transport, recycle, and process postconsumer paint for end-of-life management, including recycling, energy recovery, and disposal, using environmentally sound management practices.

  (4) Describe the Program and how it will provide for convenient and available statewide collection of postconsumer architectural paint in urban and rural areas of the State. The producer or stewardship organization shall use the existing household hazardous waste collection infrastructure when selecting collection points for postconsumer architectural paint. A paint retailer shall be authorized as a paint collection point of postconsumer architectural paint for a Paint Stewardship Program if the paint retailer volunteers to act as a paint collection point and complies with all applicable laws, rules, and regulations.

  (5) Provide geographic information modeling to determine the number and distribution of sites for collection of postconsumer architectural paint based on the following criteria:

  (A) at least 90 percent of Vermont residents shall have a permanent collection site within a 15-mile radius; and

  (B) one additional permanent site will be established for every 10,000 residents of a municipality and additional sites shall be distributed to provide convenient and reasonably equitable access for residents within each municipality, unless otherwise approved by the Secretary.

  (6) Establish goals to reduce the generation of postconsumer paint, to promote the reuse of postconsumer paint, and for the proper management of postconsumer paint as practical based on current household hazardous waste program information. The goals may be revised by the producer or stewardship organization based on the information collected for the annual report.

  (7) Describe how postconsumer paint will be managed in the most environmentally and economically sound manner, including following the waste-management hierarchy. The management of paint under the Program shall use management activities that promote source reduction, reuse, recycling, energy recovery, and disposal.

  (8) Describe education and outreach efforts to inform consumers of collection opportunities for postconsumer paint and to promote the source reduction and recycling of architectural paint for each of the following: consumers, contractors, and retailers.

  (b) The producer or stewardship organization shall submit a budget for the Program proposed under subsection (a) of this section, and for any amendment to the plan that would affect the Program’s costs. The budget shall include a funding mechanism under which each architectural paint producer remits to a stewardship organization payment of a paint stewardship assessment for each container of architectural paint it sells in this State. Prior to submitting the proposed budget and assessment to the Secretary, the producer or stewardship organization shall provide the budget and assessment to a third-party auditor agreed upon by the Secretary. The third-party auditor shall provide a recommendation as to whether the proposed budget and assessment is cost-effective, reasonable, and limited to covering the cost of the Program. The paint stewardship assessment shall be added to the cost of all architectural paint sold in Vermont. To ensure that the funding mechanism is equitable and sustainable, a uniform paint stewardship assessment shall be established for all architectural paint sold. The paint stewardship assessment shall be approved by the Secretary and shall be sufficient to recover, but not exceed, the costs of the Paint Stewardship Program.

  (c) Beginning no later than July 1, 2014, or three months after approval of the plan for a Paint Stewardship Program required under subsection (a) of this section, whichever occurs later, a producer of architectural paint sold at retail or a stewardship organization of which a producer is a member shall implement the approved plan for a Paint Stewardship Program.

  (d) A producer or a stewardship organization of which a producer is a member shall promote a Paint Stewardship Program and provide consumers with educational and informational materials describing collection opportunities for postconsumer paint Statewide and promotion of waste prevention, reuse, and recycling. The educational and informational program shall make consumers aware that the funding for the operation of the Paint Stewardship Program has been added to the purchase price of all architectural paint sold in the State.

  (e) A plan approved under this section shall provide for collection of postconsumer architectural paint at no cost to the person from whom the architectural paint is collected.

  (f) When a plan or amendment to an approved plan is submitted under this section, the Secretary shall make the proposed plan or amendment available for public review and comment for at least 30 days.

  (g) A producer or paint stewardship organization shall submit to the Secretary for review, in the same manner as required under subsection 6675(a) of this title, an amendment to an approved plan when there is:

  (1) a change to a paint stewardship assessment under the plan;

  (2) an addition to or removal of a category of products covered under the Program; or

  (3) a revision of the product stewardship organization’s goals.

  (h) A plan approved by the Secretary under section 6675 of this title shall have a term not to exceed five years, provided that the producer remains in compliance with the requirements of this chapter and the terms of the approved plan.

  (i) In addition to the requirements specified in subsection (a) of this section, a stewardship organization shall notify the Secretary in writing within 30 days of any change to:

  (1) the number of collection sites for postconsumer architectural paint identified under this section as part of the plan;

  (2) the producers identified under this section as part of the plan;

  (3) the brands of architectural paint identified under this section as part of the plan; and

  (4) the processors that manage postconsumer architectural paint identified under this section as part of the plan.

  (j) Upon submission of a plan to the Secretary under this section, a producer or a stewardship organization shall pay the fee required by 3 V.S.A. § 2822(j)(31). Thereafter, the producer or stewardship organization shall pay the fee required by 3 V.S.A. § 2822(j)(31) annually by July 1 of each year. (Added 2013, No. 58, § 1, eff. June 3, 2013; amended 2019, No. 131 (Adj. Sess.), § 38.)

• § 6674. Retailer responsibility

  (a) A producer or retailer may not sell or offer for sale architectural paint to any person in Vermont unless the producer of that architectural paint brand or a stewardship program of which the producer of that architectural paint brand is a member is implementing an approved plan for a Paint Stewardship Program as required by section 6673 of this title. A retailer complies with the requirements of this section if, on the date the architectural paint was ordered from the producer or its agent, the producer or paint brand is listed on the Agency of Natural Resources’ website as a producer or brand participating in an approved plan for a Paint Stewardship Program.

  (b) At the time of sale to a consumer, a producer, a stewardship organization, or a retailer selling or offering architectural paint for sale shall provide the consumer with information regarding available management options for postconsumer paint collected through the Paint Stewardship Program or a brand of paint being sold under the Program. (Added 2013, No. 58, § 1, eff. June 3, 2013.)

• § 6675. Agency responsibility

  (a)(1) Within 90 days of receipt of a plan submitted under section 6673 of this title, the Secretary shall review the plan and make a determination whether or not to approve the plan. The Secretary shall issue a letter of approval for a submitted plan if:

  (A) the submitted plan provides for the establishment of a Paint Stewardship Program that meets the requirements of subsection 6673(a); and

  (B) the Secretary determines that the plan:

  (i) achieves convenient collection for consumers;

  (ii) educates the public on proper paint management;

  (iii) manages waste paint in a manner that is environmentally safe and promotes reuse and recycling; and

  (iv) is cost-effective.

  (2) If the Secretary does not approve a submitted plan, the Secretary shall issue to the paint stewardship organization a letter listing the reasons for the disapproval of the plan. If the Secretary disapproves a plan, a paint stewardship organization intending to sell or continue to sell architectural paint in the State shall submit a new plan within 60 days of receipt of the letter of disapproval.

  (b)(1) The Secretary shall review and approve the stewardship assessment proposed by a producer pursuant to subsection 6673(b) of this title. The Secretary shall only approve the Program budget and any assessment if the applicant has demonstrated that the costs of the Program and any proposed assessment are reasonable and the assessment does not exceed the costs of implementing an approved plan.

  (2) If an amended plan is submitted under subsection 6673(g) of this title that proposes to change the cost of the Program or proposes to change the paint stewardship assessment under the plan, the disapproval of any proposed new assessment or the failure of an approved new assessment to cover the total costs of the Program shall not relieve a producer or stewardship organization of its obligation to continue to implement the approved plan under the originally approved assessment.

  (c) Facilities solely collecting paint for the Paint Stewardship Program that would not otherwise be subject to solid waste certification requirements shall not be required to obtain a solid waste certification. Persons solely transporting paint for the Paint Stewardship Program that would not otherwise be subject to solid waste hauler permitting requirements shall not be required to obtain a solid waste hauler’s permit. (Added 2013, No. 58, § 1, eff. June 3, 2013.)

• § 6676. Anticompetitive conduct

  (a) A producer or an organization of producers that manages postconsumer paint, including collection, transport, recycling, and processing of postconsumer paint, as required by this subchapter may engage in anticompetitive conduct to the extent necessary to implement the plan approved by the Secretary and is immune from liability for the conduct relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.

  (b) The activity authorized and the immunity afforded under subsection (a) of this section shall not apply to any agreement among producers or paint stewardship organizations:

  (1) establishing or affecting the price of paint, except for the paint stewardship assessment approved under subsection 6675(b) of this title;

  (2) setting or limiting the output or production of paint;

  (3) setting or limiting the volume of paint sold in a geographic area;

  (4) restricting the geographic area where paint will be sold; or

  (5) restricting the customers to whom paint will be sold or the volume of paint that will be sold. (Added 2013, No. 58, § 1, eff. June 3, 2013.)

• § 6677. Producer reporting requirements

  No later than October 15, 2015, and annually thereafter, a producer or a stewardship program of which the producer is a member shall submit to the Secretary a report describing the Paint Stewardship Program that the producer or Stewardship Program is implementing as required by section 6673 of this title. At a minimum, the report shall include:

  (1) a description of the methods the producer or Stewardship Program used to reduce, reuse, collect, transport, recycle, and process postconsumer paint statewide in Vermont;

  (2) the volume and type of postconsumer paint collected by the producer or Stewardship Program at each collection center in all regions of Vermont;

  (3) the volume of postconsumer paint collected by the producer or Stewardship Program in Vermont by method of disposition, including reuse, recycling, energy recovery, and disposal;

  (4) an independent financial audit of the Paint Stewardship Program implemented by the producer or the Stewardship Program;

  (5) the prior year’s actual direct and indirect costs for each Program element and the administrative and overhead costs of administering the approved Program; and

  (6) samples of the educational materials that the producer or stewardship program provided to consumers of architectural paint. (Added 2013, No. 58, § 1, eff. June 3, 2013.)

• § 6678. Confidential business information

  Data reported to the Secretary by a producer or stewardship organization under this subchapter shall be a trade secret exempt from public inspection and copying under 1 V.S.A. § 317(c)(9), provided that the Secretary may use and disclose such information in summary or aggregated form that does not directly or indirectly identify individual producers, distributors, or retailers. The Secretary may require, as a part of the report submitted under section 6677 of this title, that the manufacturer or stewardship organization provide a report that does not contain trade secret information and is available for public inspection and review. (Added 2013, No. 58, § 1, eff. June 3, 2013.)

• § 6679. Rulemaking; procedure

  The Secretary may adopt rules or procedures to implement the requirements of this subchapter. (Added 2013, No. 58, § 1, eff. June 3, 2013.)

• § 6680. Universal waste designation for postconsumer paint

  (a) The requirements of Subchapter 9 of the Vermont Hazardous Waste Management Rules, which allow certain categories of hazardous waste to be managed as universal waste, shall apply to postconsumer paint until the postconsumer paint is discarded, provided that:

  (1) the postconsumer paint is collected as a part of a stewardship plan approved under this subchapter; and

  (2) the collected postconsumer paint is or includes paint that is a hazardous waste as defined and regulated by the Vermont Hazardous Waste Management Rules.

  (b) When postconsumer paint is regulated as universal waste under subsection (a) of this section, small and large quantity handlers of the postconsumer paint shall manage the postconsumer paint in a manner that prevents releases of any universal waste or component of the universal waste to the environment. Postconsumer paint regulated as universal waste shall, at a minimum, be contained in one or more of the following:

  (1) a container that remains closed, structurally sound, and compatible with the postconsumer paint and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; or

  (2) a container that does not meet the requirements of subdivision (1) of this subsection, provided that the unacceptable container is overpacked in a container that meets the requirements of subdivision (1).

  (c) Containers holding postconsumer paint that is regulated as universal waste shall be clearly labeled “Universal Waste Paint,” “Used Paint,” or “Waste Paint.”

  (d) Unless otherwise provided by statute, the definitions of the Vermont Hazardous Waste Management Rules shall apply to this section. (Added 2013, No. 58, § 1, eff. June 3, 2013.)

• Subchapter 005: SINGLE-USE CARRYOUT BAGS; EXPANDED POLYSTYRENE FOOD SERVICE PRODUCTS; SINGLE-USE PLASTIC STRAWS; AND SINGLE-USE PLASTIC STIRRERS

• § 6691. Definitions

  As used in this subchapter:

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

  (2) “Carryout bag” means a bag provided by a store or food service establishment to a customer at the point of sale for the purpose of transporting groceries or retail goods, except that a “carryout bag” shall not mean:

  (A) a bag made of paper when the paper has a basis weight of 30 pounds or less;

  (B) a bag provided by a pharmacy to a customer purchasing a prescription medication;

  (C) a bag used by customers inside a store to:

  (i) package loose items, such as fruits, vegetables, nuts, coffee, grains, bakery goods, candy, greeting cards, or small hardware items;

  (ii) contain or wrap frozen foods, meat, or fish; or

  (iii) contain or wrap flowers;

  (D) a laundry, dry cleaning, or garment bag, including bags provided by a store to protect large garments, such as suits, jackets, or dresses.

  (3) “Expanded polystyrene” means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including: fusion of polymer spheres, known as expandable bead 20 polystyrene; injection molding; foam molding; and extrusion-blow molding, also known as extruded foam polystyrene.

  (4)(A) “Expanded polystyrene food service product” means a product made of expanded polystyrene that is:

  (i) used for selling or providing food or beverages to be used once for eating or drinking; or

  (ii) generally recognized by the public as an item to be discarded after one use.

  (B) “Expanded polystyrene food service product” shall include:

  (i) food containers;

  (ii) plates;

  (iii) hot and cold beverage cups;

  (iv) trays; and

  (v) cartons for eggs or other food.

  (C) “Expanded polystyrene food service product” shall not include:

  (i) food or beverages that have been packaged in expanded polystyrene outside the State before receipt by a food service establishment or store;

  (ii) a product made of expanded polystyrene that is used to package raw, uncooked, or butchered meat, fish, poultry, or seafood; or

  (iii) nonfoam polystyrene food service products.

  (5) “Food service establishment” has the same meaning as in 18 V.S.A. § 4301.

  (6) “Plastic” means a synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during their life cycle and after disposal, including material derived from either petroleum or a biologically based polymer, such as corn or other plant sources.

  (7) “Point of sale” means a check-out stand, cash register, or other point of departure from a store or food service establishment, including the location where remotely ordered food or products are delivered to a purchaser.

  (8) “Recyclable paper carryout bag” means a carryout bag that is made of paper and that is recyclable.

  (9) “Reusable carryout bag” means a carryout bag that is designed and manufactured for multiple uses and is:

  (A) made of cloth or other machine-washable fabric that has stitched handles; or

  (B) a polypropylene bag that has stitched handles.

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

  (11) “Single-use plastic carryout bag” means a carryout bag that is:

  (A) made of plastic;

  (B) a single-use product; and

  (C) not a reusable carryout bag.

  (12) “Single-use plastic stirrer” means a device that is:

  (A) used to mix beverages;

  (B) made predominantly of plastic; and

  (C) a single-use product.

  (13) “Single-use plastic straw” means a tube made of plastic that is:

  (A) used to transfer liquid from a container to the mouth of a person drinking the liquid; and

  (B) is a single-use product.

  (14) “Single-use product” or “single use” means a product that is generally recognized by the public as an item to be discarded after one use.

  (15) “Store” means a grocery store, supermarket, convenience store, liquor store, drycleaner, pharmacy, drug store, or other retail establishment that provides carryout bags to its customers. (Added 2019, No. 69, § 2, eff. July 1, 2020.)

• § 6692. Single-use plastic carryout bags; prohibition

  A store or food service establishment shall not provide a single-use plastic carryout bag to a customer. (Added 2019, No. 69, § 2, eff. July 1, 2020.)

• § 6693. Recyclable paper carryout bag

  (a) A store or food service establishment may provide a consumer a recyclable paper carryout bag at the point of sale if the bag is provided to the consumer for a charge of not less than $0.10 per bag.

  (b) All monies collected by a store or food service establishment under this section for provision of a recyclable paper carryout bag shall be retained by the store or food service establishment. (Added 2019, No. 69, § 2, eff. July 1, 2020.)

• § 6694. Single-use plastic straws

  (a) A food service establishment shall not provide a single-use plastic straw to a customer, except that a food service establishment may provide a straw to a person upon request.

  (b) The prohibition on sale or provision of a single-use plastic straw under subsection (a) of this section shall not apply to:

  (1) a hospital licensed under 18 V.S.A. chapter 43;

  (2) a nursing home, residential care home, assisted living residence, home for the terminally ill, or therapeutic community, as those terms are defined in 33 V.S.A. chapter 71; or

  (3) an independent living facility as that term is defined in 32 V.S.A. chapter 225.

  (c) This section shall not alter the requirements of 9 V.S.A. chapter 139 regarding the provision of services by a place of public accommodation. (Added 2019, No. 69, § 2, eff. July 1, 2020.)

• § 6695. Single-use plastic stirrers

  A food service establishment shall not provide a single-use plastic stirrer to a customer. (Added 2019, No. 69, § 2, eff. July 1, 2020.)

• § 6696. Expanded polystyrene food service products

  (a) A person shall not sell or offer for sale in the State an expanded polystyrene food service product.

  (b) A store or food service establishment shall not sell or provide food or beverages in an expanded polystyrene food service product.

  (c) This section shall not prohibit a person from storing or packaging a food or beverage in an expanded polystyrene food service product for distribution out of State. (Added 2019, No. 69, § 2, eff. July 1, 2020.)

• § 6697. Civil penalties; warning

  (a) A person, store, or food service establishment that violates the requirements of this subchapter shall be fined in accordance with chapter 201 of this title.

  (b) For the purposes of enforcement under this subchapter, an offense shall be each day a person, store, or food service establishment is violating a requirement of this subchapter. (Added 2019, No. 69, § 2, eff. July 1, 2020; amended 2023, No. 79, § 12, eff. July 1, 2023.)

• § 6698. Inventory exception

  A store or food service establishment shall not violate a prohibition under this subchapter regarding the provision of a carryout bag, single-use plastic straw, single-use stirrer, or expanded polystyrene food service product if the store or food service establishment:

  (1) purchased the carryout bag, single-use plastic straw, single-use stirrer, or expanded polystyrene food service product prior to May 15, 2019; and

  (2) provides the carryout bag, single-use plastic straw, single-use stirrer, or expanded polystyrene food service product to a consumer on or before July 1, 2021. (Added 2019, No. 69, § 2, eff. July 1, 2020.)

• § 6699. Application to municipal bylaws, ordinances, or charters; preemption

  (a) The General Assembly finds that the requirements of this subchapter are of statewide interest and, beginning on July 1, 2020, shall be applied uniformly in the State and shall occupy the entire field of regulation of single-use plastic carryout bags; single-use, recyclable paper carryout bags; single-use plastic straws; single-use plastic stirrers; and expanded polystyrene food service products.

  (b) A municipal ordinance, bylaw, or charter adopted or enacted before July 1, 2020 that regulates or addresses the use, sale, or provision of single-use plastic carryout bags, single-use recyclable paper carryout bags, single-use plastic straws, single-use plastic stirrers, or expanded polystyrene food service products is preempted by the requirements of this subchapter, and a municipality shall not enforce or otherwise implement the ordinance, bylaw, or charter. (Added 2019, No. 69, § 2, eff. July 1, 2020.)

• § 6700. Rulemaking

  The Secretary may adopt rules to implement the requirements of this subchapter. (Added 2019, No. 69, § 2, eff. July 1, 2020.)