Title 10, Title 10: Conservation and Development

§ 7183. Collection plans (a) Collection plan required. On or before July 1, 2026, any stewardship organization registered with the Secretary as representing manufacturers of covered household hazardous products shall coordinate and submit to the Secretary for review one collectio…

§ 7184. Stewardship organizations (a) Participation in a stewardship organization. A manufacturer shall meet the requirements of this chapter by participating in a stewardship organization that undertakes the responsibilities under sections 7182, 7183, and 7185 of this title. (b)…

§ 7185. Annual report; collection plan audit (a) Annual report. Not later than 18 months after the date a collection plan has been implemented, and annually thereafter, a stewardship organization of manufacturers of covered household hazardous products shall submit a report to th…

§ 7186. Antitrust; conduct authorized (a) Activity authorized. A manufacturer, group of manufacturers, or stewardship organization implementing or participating in an approved collection plan under this chapter for the collection, transport, processing, and end-of-life management…

§ 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 …

§ 7188. Other disposal programs A municipality or other public agency shall not require covered entities to use public facilities to dispose of covered household hazardous products to the exclusion of other lawful programs available. A municipality and other public agencies are e…

§ 7189. Rulemaking The Secretary of Natural Resources may adopt rules to implement the requirements of this chapter. (Added 2023, No. 58, § 2, eff. June 12, 2023.)

§ 7551. Definitions As used in this chapter: (1) “Agency” means the Agency of Natural Resources. (2) “Cathode-ray tube” means a vacuum tube or picture tube used to convert an electronic signal into a visual image. (3) “Collection” means the aggregation of electronic waste from co…

§ 7552. Standard Electronic Waste Recycling Plan (a) Standard Plan adoption. Beginning January 1, 2011, the Secretary shall adopt a plan for the collection and recycling of all electronic waste in the State. In developing the Plan, the Secretary shall evaluate existing electronic…

§ 7553. Sale of covered electronic devices; manufacturer registration (a) Sale prohibited. Beginning July 1, 2010, no manufacturer shall sell or offer for sale or deliver to a retailer for subsequent sale a covered electronic device unless: (1) the manufacturer has filed the regi…

§ 7554. Manufacturer opt-out individual plan (a) Opt-out of Standard Plan. A manufacturer or group of manufacturers may elect not to seek coverage under the Standard Plan established under section 7552 of this title, provided that the manufacturer or group of manufacturers compli…

§ 7555. Statewide recycling goal (a) Statewide recycling goal. (1) For the program year of July 1, 2011 to June 30, 2012, the statewide recycling goal for electronic waste shall be the product of the U.S. Census Bureau’s 2010 population estimate for the State multiplied by 5.5 po…

§ 7556. Retailer obligations (a) Sale prohibited. Beginning July 1, 2010, no retailer shall sell or offer for sale a covered electronic device unless the covered electronic device is labeled by the manufacturer as required by subdivision 7553(a)(3) of this title, and the retailer…

§ 7557. Recycler program responsibility (a) Recycler registration. (1) Beginning July 1, 2011, no person may recycle electronic waste at a facility located within the State unless that person has submitted a registration with the Agency of Natural Resources on a form prescribed b…

§ 7558. Collector and transporter program responsibility (a) Collector and transporter registration. (1) Beginning July 1, 2011, no person may operate as a collector or transporter of electronic waste unless that person has submitted a registration with the Agency of Natural Reso…

§ 7559. Agency of Natural Resources responsibilities The Agency of Natural Resources shall: (1) Adopt and administer the Standard Plan required under section 7552 of this title. (2) Establish procedures for: (A) the registration and certifications required under this chapter; and…

§ 7560. Administration of Electronic Waste Recycling Program (a) The Secretary of Natural Resources may contract for implementation and administration of the Standard Plan required under section 7552 of this title and, in so doing, shall comply with the Agency of Administration’s…

§ 7561. Other recycling programs A municipality or other public agency may not require covered entities to use public facilities to recycle their electronic waste to the exclusion of other lawful programs available. A municipality and other public agencies are encouraged to work …

§ 7562. Multistate implementation The Agency of Natural Resources or a contracted entity under section 7560 of this title is authorized to participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter.…

§ 7563. Limitations If a federal law or combination of federal laws takes effect that is applicable to all covered electronic devices sold in the United States and establishes a program for the collection and recycling or reuse of covered electronic devices that is applicable to …

§ 7564. Rulemaking The Secretary of Natural Resources may adopt rules to implement the requirements of this chapter. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

§ 7581. Definitions As used in this chapter: (1) “Agency” means the Agency of Natural Resources. (2)(A) “Battery-containing product” means an electronic product that contains primary or rechargeable batteries that are easily removable or is packaged with rechargeable or primary b…

§ 7582. Sale of primary batteries, rechargeable batteries, and battery-containing products (a) Sale prohibited. Except as set forth under subsection (b) of this section, a producer of a primary battery, of a rechargeable battery, or of a battery-containing product shall not sell,…

§ 7583. Battery stewardship organization; requirements; registration (a) Participation in a battery stewardship organization. A producer of covered batteries or battery-containing products may meet the requirements of this chapter by participating in a battery stewardship organiz…

§ 7584. Battery stewardship plan (a) Battery stewardship plan required. Each producer selling, offering for sale, distributing, or offering for promotional purposes a primary battery, a rechargeable battery, or a battery-containing product in the State shall individually or as pa…

§ 7585. Annual report; plan audit (a) Annual report. Annually, a battery producer or a battery stewardship organization shall submit a report to the Secretary that contains the following: (1) the weight of covered batteries collected by chemistry by the producer or the battery st…

§ 7586. Agency responsibilities; approval of plans (a) Approval of plan. Within 90 days after receipt of a proposed battery stewardship plan, not including the time required for public comment under chapter 170 of this title, the Secretary shall determine whether the plan complie…

§ 7587. Retailer obligations [Effective January 1, 2026; see also 10 V.S.A. § 7587 effective until January 1, 2026] (a) Sale prohibited. Except as set forth in subsection (b) of this section, no retailer shall sell or offer for sale a primary battery, rechargeable battery, or bat…

§ 7589. Reimbursement; authorization (a) Reimbursement of primary battery producers and rechargeable battery producers. (1) A producer or a battery stewardship organization operating under an approved battery stewardship plan that collects primary batteries and rechargeable batte…

§ 7590. Reimbursement process (a) Reimbursement request. (1) A battery producer or battery stewardship organization that incurs reimbursable costs under section 7589 of this title shall submit a request to the producer of the collected battery or the battery stewardship organizat…

§ 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 an…

§ 7592. Confidentiality of submitted data (a) Confidentiality. Reports and data submitted under this chapter shall be available for public inspection and copying, provided that: (1) Information protected under the Uniform Trade Secrets Act, as codified under 9 V.S.A. chapter 143,…

§ 7593. Antitrust; conduct authorized (a) Activity authorized. A producer, group of producers, or a battery stewardship organization implementing or participating in an approved battery stewardship plan under this chapter for the collection, transport, processing, and end-of-life…

§ 7594. Administrative fee (a) Fees assessed. A battery producer or battery stewardship organization shall pay a fee of $15,000.00 annually for operation under a battery stewardship plan approved by the Secretary under section 7586 of this title. (b) Disposition of fees. The fees…

§ 7595. Rulemaking; procedure The Secretary may adopt rules or procedures to implement the requirements of this chapter. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)

§ 7701. Department of Environmental Conservation; standard procedures The purpose of this chapter is to establish standard procedures for public notice, public meetings, and decisions relating to applications for permits issued by the Department of Environmental Conservation. (Ad…

§ 7702. Definitions As used in this chapter: (1) “Adjoining property owner” means a person who owns land in fee simple, if that land: (A) shares a property boundary with a tract of land where proposed or actual activity regulated by the Department is located; or (B) is adjacent t…

§ 7703. Rules; additional notice or procedures (a) Rules. (1) Implementing rules. The Secretary may adopt rules to implement this chapter. (2) Complex projects; preapplication process. The Secretary shall adopt rules to determine when a project requiring a permit is large and com…

§ 7704. Administrative record (a) The Secretary shall create an administrative record for each application for a permit and shall make the administrative record available to the public. (b) The Secretary shall base a draft or final decision on each application for a permit on the…

§ 7705. Time; how computed In this chapter: (1) When time is to be reckoned from a day, date, or an act done, the day, date, or day when the act is done shall not be included in the computation. (2) Computation of a time period shall use calendar days. (Added 2015, No. 150 (Adj. …

§ 7711. Permit procedures; standard provisions (a) Notice through the environmental notice bulletin. When this chapter requires notice through the environmental notice bulletin: (1) The bulletin shall generate and send an e-mail to notify: (A) each person requiring notice under s…

§ 7712. Type 1 Procedures (a) Purpose; scope. (1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when adopting general permits and considering applications for individual permits under the Clean Air Act and C…

§ 7713. Type 2 Procedures (a) Purpose; scope. (1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when considering applications for individual permits, except for individual permits specifically listed in othe…

§ 7714. Type 3 Procedures (a) Purpose; scope. (1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when adopting general permits, except for general permits governed by section 7712 of this chapter, and when co…

§ 7715. Type 4 Procedures (a) Purpose; scope. (1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when considering applications for notice of intent under a general permit and other permits listed in this sect…

§ 7716. Type 5 Procedures (a) Purpose; scope. (1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when issuing emergency permits and other permits listed in this section. (2) The procedures under this section …