§ 7187. Agency responsibilities
(a) Review and approve collection plans. The Secretary shall review and approve or deny collection plans submitted under
section 7183 of this title according to the public notice and comment requirements of section 7714 of this title.
(b) Criteria for plan approval.
(1) The Secretary shall approve a collection plan if the Secretary finds that the collection
plan:
(A) complies with the requirements of subsection 7183(b) of this title;
(B) provides adequate notice to the public of the collection opportunities available for
covered household hazardous products;
(C) ensures that collection of covered household hazardous products will occur in an environmentally
sound fashion that is consistent with the law or with any special handling requirements
adopted by the Secretary;
(D) promotes the collection and disposal of covered household hazardous products; and
(E) is reasonably expected to meet performance goals and convenience standards.
(2) If a manufacturer or a stewardship organization fails to submit a plan that is acceptable
to the Secretary because it does not meet the requirements of this chapter, the Secretary
shall modify the submitted plan to make it conform to the requirements of this chapter
and place the modified draft plan on notice pursuant to section 7714 of this title.
(c) Collection plan amendment. The Secretary, in the Secretary’s discretion or at the request of a manufacturer
or a stewardship organization, may require a stewardship organization to amend an
approved collection plan. Collection plan amendments shall be subject to the public
input provisions of section 7717 of this title.
(d) Registrations. The Secretary shall accept, review, and approve or deny registrations required by
this chapter. The Secretary may revoke a registration of a stewardship organization
when the actions of the stewardship organization are unreasonable, unnecessary, or
contrary to the requirements or the policy of this chapter. The Secretary shall only
approve one stewardship organization for the first collection plan.
(e) Supervisory capacity. The Secretary shall act in a supervisory capacity over the actions of a stewardship
organization registered under this section. In acting in this capacity, the Secretary
shall review the actions of the stewardship organization to ensure that they are reasonable,
necessary, and limited to carrying out requirements of and policy established by this
chapter.
(f) Special handling requirements. The Secretary may adopt by rule special handling requirements for the collection,
transport, and disposal of covered household hazardous products.
(g) Agency collection plan. If no stewardship organization is formed on or before July 1, 2025 or the stewardship
organization fails to submit a plan or submits a plan that does not meet the requirements
of this chapter, the Secretary shall adopt and administer a plan that meets the requirements
of section 7183 of this title. If the Secretary administers the plan adopted under section 7183, the Secretary
shall charge each manufacturer the prorated costs of plan administration, the Agency’s
oversight costs, and an additional hazardous waste reduction assessment of 10 percent
of the plan’s total cost to be deposited in the Solid Waste Management Assistance
Account of the Waste Management Assistance Fund, for the purpose of providing grants
to municipalities and small businesses to prevent pollution and reduce the generation
of hazardous waste in the State. When determining a manufacturer’s assessment under
this section, the Agency may allocate costs to a manufacturer of covered household
hazardous products based on the sales of covered household hazardous products nationally
prorated to the population of Vermont. (Added 2023, No. 58, § 2, eff. June 12, 2023; amended 2025, No. 59, § 11, eff. June 11, 2025.)