Title 10, Title 10: Conservation and Development

§ 1925. Notice in land records In order to make the information available to future purchasers, tank owners shall record the existence and location of underground storage tanks in local land records. The Secretary shall establish by rule the information to be recorded and the man…

§ 1926. Unused and abandoned tanks (a) Any underground storage tank that does not meet new construction standards as prescribed by the rules, and that has not been used for a period of one year shall be closed in accordance with tank closure requirements prescribed by the rules. …

§ 1927. Regulation of category one tanks (a) After June 30, 1986, no owner or operator shall operate or maintain a category one tank without first having obtained a permit from the Secretary. Application for a permit shall be made on a form prescribed by the Secretary. Permits is…

§ 1928. Regulation of farm and residential large motor fuel tanks The Secretary shall establish rules for the new installation of or reentry into service of farm and residential underground storage tanks of greater than 1,100 gallons that are or have been used for storing motor f…

§ 1929. Regulation of large heating oil tanks The Secretary shall establish tank registration requirements for underground storage tanks of greater than 1,100 gallons that are or have been used to contain fuel oil for on-premises heating purposes. (Added 1985, No. 66, § 1.)

§ 1929a. Standards for aboveground storage tanks (a) On or before December 31, 2011, the Secretary shall adopt rules addressing the design and proper installation of aboveground storage tanks. (b) After January 1, 2012, no person shall offer for sale, install, or substantially im…

§ 1929b. Regulation of heating oil tanks at public buildings The Secretary shall establish tank registration requirements for underground storage tanks equal to or less than 1,100 gallons that are or have been used to contain fuel oil for on-premises heating purposes at a public …

§ 1930. Implementation; coordination (a) Rulemaking standards. To the extent compatible with this chapter, in establishing rules and standards, the Secretary may distinguish between types, classes, and ages of underground storage tanks. In making such distinctions the Secretary m…

§ 1931. Inspections; right of entry; information For the purposes of developing or enforcing any rule, regulation, standard, permit, or order authorized by this chapter, the Secretary, or the Secretary’s authorized representative, may request and any permittee or owner or operato…

§ 1932. Orders Upon receiving information that the operation, maintenance, or condition of an underground storage tank or the surrounding environs may present a threat or a hazard to the health of persons or to the environment, or may present an actual or threatened violation of …

§ 1933. Appeals Appeals of any act or decision of the Department under this subchapter shall be made in accordance with chapter 220 of this title. (Added 1985, No. 66, § 1; amended 1995, No. 57, § 3; 2003, No. 115 (Adj. Sess.), § 43, eff. Jan. 31, 2005.)

§ 1934. Enforcement (a) Notwithstanding any other provisions or procedure set forth in this chapter, if the Secretary finds that a person is in violation of this chapter or has failed to comply with any provisions of any order, standard, rule, or permit issued in accordance with …

§ 1935. Penalties (a) Criminal penalty. Any person who knowingly or intentionally violates any provision of this chapter or the rules promulgated herein, or any permits or any order standards issued in accordance with this chapter shall be subject to a criminal penalty not to exc…

§ 1936. Licensure of tank inspectors (a) The Secretary may establish a process for licensing persons to perform tank integrity demonstrations, as provided by this section. Under that process, the Secretary shall charge a fee, in accordance with 3 V.S.A. § 2822. The Secretary shal…

§ 1938. Underground Storage Tank Trust Fund There is hereby created in the State Treasury a fund to be known as the Underground Storage Tank Trust Fund, to be expended by the Secretary of Natural Resources as allowed by federal law. The Secretary may accept and use funds availabl…

§ 1939. Risk retention pool The owners and operators of underground storage tanks may obtain the advice of the Commissioner of Financial Regulation, and may establish an insurance pool. The Commissioner shall adopt rules to assist in the formation of such pools and to expedite ap…

§ 1940. Underground storage tank incentive program (a) The owners of a retail gasoline outlet that sells less than 20,000 gallons of gasoline per month and that desire assistance to replace underground storage tanks in compliance with this chapter, and municipalities with a popul…

§ 1941. Petroleum Cleanup Fund (a) A fund to be known as the Petroleum Cleanup Fund is created in the State Treasury, to be expended by the Secretary of Natural Resources. The Fund shall consist of licensing fees and petroleum tank fees assessed under the provisions of this chapt…

§ 1942. Petroleum distributor licensing fee (a) There is hereby established a licensing fee of one cent per gallon of motor fuel sold by a distributor or dealer or used by a user in this State, that will be assessed against every distributor, dealer, or user as defined in 23 V.S.…

§ 1943. Petroleum tank assessment (a) Each owner of a category one tank used for storage of petroleum products shall annually remit to the Secretary $100.00 per double-wall tank system; $250.00 per combination tank system if the single-wall tank has been lined; $500.00 for all ot…

§ 1944. Underground Storage Tank Loan Assistance Program (a) The Secretary may make individual loans of up to $150,000.00 for: (1) the replacement or removal of category one tanks used for the storage of petroleum products. These loans shall be made from the Motor Fuel Account; (…