Title 10, Conservation and Development

§ 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…

§ 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 pu…

§ 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 …

§ 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…

§ 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 Secr…

§ 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 s…

§ 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 ot…

§ 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 …

§ 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 certi…

§ 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 welfa…

§ 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 obtainin…

§ 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 t…

§ 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) divers…

§ 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 co…

§ 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 …

§ 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) Certificat…

§ 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 facilit…

§ 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 parti…

§ 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 implementatio…

§ 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…

§ 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 sub…

§ 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 sampl…

§ 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 ge…

§ 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 concern…

§ 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 wher…

§ 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 environm…

§ 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, cessa…

§ 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…

§ 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 prop…

§ 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 Secr…

§ 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 …

§ 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 wh…

§ 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 fo…

§ 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 furnis…

§ 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 servic…

§ 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 th…

§ 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 i…

§ 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 per…

§ 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…

§ 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 Assistanc…

§ 6618a. School Polychlorinated Biphenyl Program Fund (a) There is created the School Polychlorinated Biphenyl Program Fund to be administered by the Secretary of Natural Resources to provide funding for the investigation, mitigation, and remediation of polychlorinated biphenyls …

§ 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…

§ 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 partic…

§ 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 …

§ 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, aft…

§ 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 in…