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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(d) [Repealed.]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 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 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) Management of development soils. Notwithstanding any other requirements of this chapter
to the contrary, development soils may be managed at a location permitted pursuant
to an insignificant waste event approval authorization issued pursuant to the Solid
Waste Management Rules that contains, at a minimum, the following:
(1) the development soils are generated from a hazardous materials site managed pursuant
to a corrective action plan or a soil management plan approved by the Secretary;
(2) the development soils have been tested for arsenic, lead, and polyaromatic hydrocarbons
pursuant to a monitoring plan approved by the Secretary that ensures that the soils
do not leach above groundwater enforcement standards;
(3) the location where the soils are managed is appropriate for the amount and type of
material being managed;
(4) the soils are capped in a manner approved by the Secretary;
(5) any activity that may disturb the development soils at the permitted location shall
be conducted pursuant to a soil management plan approved by the Secretary; and
(6) the permittee files a record notice of where the soils are managed in the land records.
(b), (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; 2025, No. 69, § 15, eff. July 1, 2025.)
§ 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 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) 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, 2026.
(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; 2025, No. 59, § 12, eff. June 11, 2025.)
§ 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.)