Title 10, Title 10: Conservation and Development

§ 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.)

§ 6623. Goals and purpose (a) The goals of this subchapter are to: (1) eliminate or reduce the use of hazardous, particularly toxic, materials wherever feasible; (2) reduce the generation of hazardous waste; (3) reduce the release into the environment of chemical contaminants whi…

§ 6624. Definitions For purposes of this subchapter, in addition to the provisions of section 6602 of this title, the following definitions apply: (1) “Class A generator” means a generator who generates 1,000 kg (2,200 lbs) or more of hazardous waste in one calendar month. (2) “C…

§ 6625. Toxics use reduction and hazardous waste reduction program (a) The Secretary shall establish a program for toxics use reduction and hazardous waste reduction pursuant to this subchapter. (b) The Secretary shall coordinate the activities of all State agencies with responsi…

§ 6626. Plan and report formats; data information system (a) On or before January 1, 1992, the Secretary shall adopt a format to be used by generators and large users for completing the toxics use reduction and hazardous waste reduction plan required by section 6629 of this title…

§ 6627. Technical and research assistance program The Secretary shall establish a technical and research assistance program to assist generators, exempt small quantity generators, and large users in identifying and applying toxics use reduction methods and hazardous waste reducti…

§ 6628. Plan, plan summary, and performance report review (a) Except as provided for in this section, a toxics use reduction and hazardous waste reduction plan developed under this subchapter shall be retained at the facility and is not a public record under 1 V.S.A. § 317. If a …

§ 6629. Toxics use reduction and hazardous waste reduction plan; plan summary (a) Each Class A and Class B generator and each large user shall prepare a toxics use reduction and hazardous waste reduction plan for any toxic substance or hazardous waste identified pursuant to subdi…

§ 6630. Toxics use reduction and hazardous waste reduction performance report (a) On or before March 31, 1994, or March 31 of the year following the first plan, whichever is later, and annually thereafter, each generator or large user shall prepare and submit a hazardous material…

§ 6632. Trade secrets The Secretary shall adopt rules to ensure that trade secrets designated by a generator in all or a portion of the review and plans, and the report required by this subchapter, which are exempt from public inspection and copying under 1 V.S.A. § 317(c)(9), sh…

§ 6633. Interagency Committee on Chemical Management (a) Creation. There is created the Interagency Committee on Chemical Management in the State to: (1) evaluate chemical inventories in the State on an annual basis; (2) identify potential risks to human health and the environmen…

§ 6641. Brownfield Property Cleanup Program; creation; powers (a) There is created the Brownfield Property Cleanup Program to enable certain interested parties to request the assistance of the Secretary to review and oversee work plans for investigating, abating, removing, remedi…

§ 6642. Definitions As used in this subchapter: (1) “Applicant” means a person who has applied for relief from State liability through participation in the Program. (2) “Brownfield site” means real property, the expansion, redevelopment, or reuse of which may be complicated by th…

§ 6643. Application process A person shall apply to the Secretary for participation in the Program on a form determined by the Secretary accompanied by a nonrefundable application fee of $500.00. The application shall include: (1) A preliminary environmental assessment of the pro…

§ 6644. General obligations Any person participating in the Program shall do all the following: (1) Not provide any information required under this subchapter by fraud, intentional misrepresentation, failure to disclose material information, or providing false certification. (2) …

§ 6645. Eligibility Not more than 30 days after the Secretary receives a complete application, the Secretary shall determine eligibility and provide written notice to the applicant of the Secretary’s determination. A person is eligible for participation in the Program if the Secr…

§ 6646. Forbearance Provided that the applicant has been determined to be eligible for the Program and is working in good faith toward meeting the obligations required by this subchapter: (1) the State may not bring an action against an applicant based on liability as an owner pu…

§ 6647. Site investigation (a) The applicant shall submit a site investigation work plan to the Secretary. The work plan shall identify the person or persons who will conduct the site investigation. The work plan shall provide a site investigation that satisfies all the following…

§ 6648. Corrective action plan (a) A corrective action plan shall clearly describe the basis and details of a proposed cleanup strategy that includes ensuring technical feasibility, an effective engineering design, reasonable costs, protection of human health and the environment,…

§ 6649. Amendments to a corrective action plan (a) Except for the corrective action plan adjustment limitations provided under subsection (b) of this section, at the applicant’s request or in the Secretary’s discretion, the Secretary may amend the plan if the Secretary determines…

§ 6650. Program withdrawal (a) An applicant may withdraw from the Program at any time, provided the applicant does all the following: (1) Files with the Secretary a notice of intent to withdraw from the Program. (2) Ensures that the site is stabilized. Site stabilization includes…

§ 6651. Implementation of corrective action plan (a) The applicant shall perform all investigation, abatement, remediation, removal, and monitoring activities in accordance with the approved corrective action plan, any amendments to the plan, and all applicable local, State, and …

§ 6652. Certificate of completion (a) After completion of all activities required by the corrective action plan, the applicant shall file a completion report with the Secretary. The completion report shall include all the following: (1) description of the activities performed und…

§ 6653. Release from liability; personal release from liability (a) An applicant who has obtained a certificate of completion pursuant to section 6652 of this title and successor owners of the property included in the certificate of completion who are not otherwise liable under s…

§ 6654. Brownfield Revitalization Fund; creation; assistance (a) There is created a Brownfield Revitalization Fund that shall be a special fund created pursuant to 32 V.S.A. chapter 7, subchapter 5 to be administered by the Secretary of Commerce and Community Development to aid a…

§ 6655. State Plan for Brownfield Reclamation The Agency of Natural Resources and the Agency of Commerce and Community Development shall jointly develop a State Plan for Brownfield Reclamation that includes both of the following: (1) an inventory and assessment of potential sites…

§ 6671. Purpose The purpose of this subchapter is to establish an environmentally sound, cost-effective Paint Product Stewardship Program in the State that will undertake responsibility for the development and implementation of strategies to reduce the generation of postconsumer …

§ 6672. Definitions As used in this subchapter: (1) “Aerosol coating product” means a pressurized coating product containing pigments or resins dispensed by means of a propellant and packaged and sold in a disposable aerosol container for handheld application, or for use in speci…

§ 6673. Paint Product Stewardship Program (a) A producer or a stewardship organization representing producers shall submit an amended plan for the establishment of a Paint Product Stewardship Program to the Secretary for approval. The plan shall address the following: (1) Provide…

§ 6674. Retailer responsibility (a) A producer or retailer may not sell or offer for sale a paint product to any person in Vermont unless the producer or a stewardship program that the producer is a member of is implementing an approved plan for a Paint Product Stewardship Progra…

§ 6675. Agency responsibility (a)(1) Within 90 days after receipt of a plan submitted under section 6673 of this title, the Secretary shall review the plan and make a determination whether or not to approve the plan. The Secretary shall issue a letter of approval for a submitted …

§ 6676. Anticompetitive conduct (a) A producer or an organization of producers that manages postconsumer paint products, including collection, transport, recycling, and processing of postconsumer paint products, as required by this subchapter may engage in anticompetitive conduct…

§ 6677. Producer reporting requirements Annually, a producer or a stewardship program of which the producer is a member shall submit to the Secretary a report describing the Paint Product Stewardship Program that the producer or Stewardship Program is implementing as required by …

§ 6678. Confidential business information Data reported to the Secretary by a producer or stewardship organization under this subchapter shall be a trade secret exempt from public inspection and copying under 1 V.S.A. § 317(c)(9), provided that the Secretary may use and disclose …

§ 6679. Rulemaking; procedure The Secretary may adopt rules or procedures to implement the requirements of this subchapter. (Added 2013, No. 58, § 1, eff. June 3, 2013.)

§ 6680. Universal waste designation for postconsumer paint (a) The requirements of Subchapter 9 of the Vermont Hazardous Waste Management Rules, which allow certain categories of hazardous waste to be managed as universal waste, shall apply to postconsumer paint products until th…

§ 6681. Paint consumer fees (a) The paint product stewardship assessment shall be sufficient to implement and sustain the Paint Product Stewardship Program. If at any time the stewardship assessments established in this section are not sufficient to implement and sustain the Pain…

§ 6691. Definitions As used in this subchapter: (1) “Agency” means the Agency of Natural Resources. (2) “Carryout bag” means a bag provided by a store or food service establishment to a customer at the point of sale for the purpose of transporting groceries or retail goods, excep…

§ 6692. Single-use plastic carryout bags; prohibition A store or food service establishment shall not provide a single-use plastic carryout bag to a customer. (Added 2019, No. 69, § 2, eff. July 1, 2020.)

§ 6693. Recyclable paper carryout bag (a) A store or food service establishment may provide a consumer a recyclable paper carryout bag at the point of sale if the bag is provided to the consumer for a charge of not less than $0.10 per bag. (b) All monies collected by a store or f…

§ 6694. Single-use plastic straws (a) A food service establishment shall not provide a single-use plastic straw to a customer, except that a food service establishment may provide a straw to a person upon request. (b) The prohibition on sale or provision of a single-use plastic s…

§ 6695. Single-use plastic stirrers A food service establishment shall not provide a single-use plastic stirrer to a customer. (Added 2019, No. 69, § 2, eff. July 1, 2020.)

§ 6696. Expanded polystyrene food service products (a) A person shall not sell or offer for sale in the State an expanded polystyrene food service product. (b) A store or food service establishment shall not sell or provide food or beverages in an expanded polystyrene food servic…

§ 6697. Civil penalties; warning (a) A person, store, or food service establishment that violates the requirements of this subchapter shall be fined in accordance with chapter 201 of this title. (b) For the purposes of enforcement under this subchapter, an offense shall be each d…

§ 6698. Inventory exception A store or food service establishment shall not violate a prohibition under this subchapter regarding the provision of a carryout bag, single-use plastic straw, single-use stirrer, or expanded polystyrene food service product if the store or food servi…

§ 6699. Application to municipal bylaws, ordinances, or charters; preemption (a) The General Assembly finds that the requirements of this subchapter are of statewide interest and, beginning on July 1, 2020, shall be applied uniformly in the State and shall occupy the entire field…