The Vermont Statutes Online

Title 10 : Conservation and Development

Chapter 168 : Product Stewardship for Primary Batteries and Rechargeable Batteries

Subchapter 005 : PRIVATE RIGHT OF ACTION

• § 7591. Private right of action

  (a) Action against producer with no battery stewardship plan. A producer or a battery stewardship organization implementing an approved battery stewardship plan in compliance with the requirements of this chapter may bring a civil action against another producer or battery stewardship organization for damages when:

  (1) the plaintiff producer or battery stewardship organization incurs more than $1,000.00 in actual reimbursable costs collecting, handling, recycling, or properly disposing of primary batteries or rechargeable batteries sold or offered for sale in the State by that other producer;

  (2) the producer from whom damages are sought:

  (A) can be identified as the producer of the collected primary batteries or rechargeable batteries from a brand or marking on the discarded battery or from other information available to the plaintiff producer or battery stewardship organization; and

  (B) does not operate or participate in an approved battery stewardship organization in the State or is not otherwise in compliance with the requirements of this chapter.

  (b) Action against producer with an approved battery stewardship plan. A battery producer or a battery stewardship organization in compliance with the requirements of this chapter may bring a civil action for damages against a battery producer or a battery stewardship organization in the State that is in compliance with the requirements of this chapter, provided that the conditions of subsection (c) of this section have been met.

  (c) Condition precedent to cause of action. Except as authorized under subsection (a) of this section, a cause of action under this section shall be allowed only if:

  (1) a plaintiff producer or battery stewardship organization submitted a reimbursement request to another producer or battery stewardship organization under subchapter 4 of this chapter; and

  (2) the plaintiff producer or stewardship organization does not receive reimbursement within:

  (A) 90 days of the reimbursement request, if no independent audit is requested under subchapter 4 of this chapter; or

  (B) 60 days after completion of an audit if an independent audit is requested under subchapter 4 of this chapter, and the audit confirms the validity of the reimbursement request.

  (d) Role of Agency. The Agency shall not be a party to or be required to provide assistance or otherwise participate in a civil action authorized under this section solely due to its regulatory requirements under this chapter, unless subject to subpoena before a court of jurisdiction.

  (e) Damages; definitions. As used in this section, “damages” means the actual, reimbursable costs a plaintiff producer or battery stewardship organization incurs in collecting, handling, recycling, or properly disposing of primary batteries or rechargeable batteries reasonably identified as having originated from another primary battery producer or battery stewardship organization. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)