§6608. Records; reports; monitoring

Link to law: http://legislature.vermont.gov/statutes/section/10/159/06608
Published: 2015

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Conservation and Development








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.)