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The Vermont Statutes Online
Title
10
:
Conservation and Development
Chapter
159
:
WASTE MANAGEMENT
Subchapter
001
:
GENERAL PROVISIONS
§
6608. Records; reports; monitoring
(a) For purposes
of implementation of this chapter, the Secretary shall adopt, and revise as
appropriate, rules which prescribe:
(1) the
establishment and maintenance of such records;
(2) the making
of such reports;
(3) the taking
of such samples, and the performing of such tests or analyses;
(4) the
installing, calibrating, using, and maintaining of such monitoring equipment or
methods; and
(5) the
providing of such other information as may be necessary.
(b) Six months
after promulgation of the rules relating to hazardous waste it shall be
unlawful for any person to generate, store, transport, treat, or dispose of
hazardous wastes in this State without reporting such activity to the Secretary
according to the procedures described in said rules.
(c) Information
obtained by the Secretary under this section shall be available to the public,
unless the Secretary certifies such information as being proprietary. The
Secretary may make such certification where any person shows, to the
satisfaction of the Secretary, that the information, or parts thereof, would
divulge methods or processes entitled to protection as trade secrets. Nothing
in this section shall be construed as limiting the disclosure of information by
the Secretary to office employees as authorized representatives of the State
concerned with implementing the provisions of this chapter or to the Department
of Taxes for purposes of enforcing the solid waste tax imposed by 32 V.S.A.
chapter 151, subchapter 13.
(d) Where the
Secretary has determined that the disposal of a hazardous waste at an
uncontrolled hazardous waste site presents a hazard to health or the
environment, the Secretary shall provide notice to a town of the location of
that uncontrolled site which has been found to exist in the town and to be
regulated under this chapter. The notice shall identify the location of the
site, the wastes involved, the actions proposed to be taken by the Secretary
under this chapter and the location where the records on the site are being
maintained by State government. The Secretary shall also notify the town when
conditions noticed above are no longer a hazard. These notices shall be
recorded in accord with 24 V.S.A. § 1154.
(e) When
necessary to carry out the purposes of this chapter, the Secretary may require
the owner or operator of a solid waste facility to provide the Secretary with
information concerning the revenues and costs of its operation and management,
and the revenues and costs necessary for its future compliance with State and
federal laws pertaining to those facilities. Disclosure of information
generated pursuant to this subsection is prohibited, except to a licensed
attorney representing the Secretary, or to the Secretary's designee, if that
designee is directly responsible for solid waste planning at any level and has
furnished the Secretary a written assurance of compliance with the prohibition
contained in this subsection.
(f) All
generators of regulated hazardous waste shall register with the Secretary, renew
the registration annually, and pay the fee specified in 3 V.S.A. § 2822. (Added
1977, No. 106, § 1; amended 1983, No. 148 (Adj. Sess.), § 12; 1987, No. 246
(Adj. Sess.), § 1, eff. June 13, 1988; 2001, No. 65, § 31; 2013, No. 34, § 7;
2015, No. 57, § 37, eff. June 11, 2015.)