Vermont § 2202a - Municipalities—Responsibilities for solid waste

§ 2202a. Municipalities—Responsibilities for solid waste

• (a) Municipalities are responsible for the management and regulation of the storage, collection,
  processing, and disposal of solid wastes within their jurisdiction in conformance
  with the State Solid Waste Management Plan authorized under 10 V.S.A. chapter 159. Municipalities may issue exclusive local franchises and may make, amend, or repeal
  rules necessary to manage the storage, collection, processing, and disposal of solid
  waste materials within their limits and impose penalties for violations thereof, provided
  that the rules are consistent with the State Plan and rules adopted by the Secretary
  of Natural Resources under 10 V.S.A. chapter 159. A fine may not exceed $1,000.00 for each violation. This section shall not be construed
  to permit the existence of a nuisance. (b) Municipalities may satisfy the requirements of the State Solid Waste Management Plan
  and the rules of the Secretary of Natural Resources through agreement between any
  other unit of government or any operator having a permit from the Secretary, as the
  case may be. (c)(1) On or before July 1, 1988, each municipality, as defined in subdivision 4303(12) of this title, shall join or participate in a solid waste management district organized pursuant
  to chapter 121 of this title on or before January 1, 1988 or participate in a regional
  planning commission’s planning effort for purposes of solid waste implementation planning,
  as implementation planning is defined in 10 V.S.A. § 6602. (2) On or before July 1, 1990, each regional planning commission shall work on a cooperative
  basis with municipalities within the region to prepare a solid waste implementation
  plan for adoption by all of the municipalities within the region that are not members
  of a solid waste district, that conforms to the State Waste Management Plan and describes
  in detail how the region will achieve the priorities established by 10 V.S.A. § 6604(a)(1). A solid waste implementation plan adopted by a municipality that is not a member
  of a district shall not in any way require the approval of a district. On or before
  July 1, 1990, each solid waste district shall adopt a solid waste implementation plan
  that conforms to the State Waste Management Plan, describes in detail how the district
  will achieve the priorities established by 10 V.S.A. § 6604(a), and is in conformance with any regional plan adopted pursuant to chapter 117 of
  this title. Municipalities or solid waste management districts that have contracts
  in existence as of January 1, 1987, which contracts are inconsistent with the State
  Solid Waste Plan and the priorities established in 10 V.S.A. § 6604(a), shall not be required to breach those contracts, provided they make good faith efforts
  to renegotiate those contracts in order to comply. The Secretary may extend the deadline
  for completion of a plan upon finding that despite good faith efforts to comply, a
  regional planning commission or solid waste management district has been unable to
  comply, due to delays in completion of a landfill evaluation under 10 V.S.A. § 6605a. (3) A municipality that does not join or participate as provided in this subsection shall
  not be eligible for State funds to plan and construct solid waste facilities, nor
  can it use facilities certified for use by the region or by the solid waste management
  district. (4) A regional plan or a solid waste implementation plan shall include a component for
  the management of nonregulated hazardous wastes. (A) At the outset of the planning process for the management of nonregulated hazardous
  wastes and throughout the process, solid waste management districts or regional planning
  commissions, with respect to areas not served by solid waste management districts,
  shall solicit the participation of owners of solid waste management facilities that
  receive mixed solid wastes, local citizens, businesses, and organizations by holding
  informal working sessions that suit the needs of local people. At a minimum, an advisory
  committee composed of citizens and business persons shall be established to provide
  guidance on both the development and implementation of the nonregulated hazardous
  waste management plan component. (B) The regional planning commission or solid waste management district shall hold at
  least two public hearings within the region or district after public notice on the
  proposed plan component or amendment. (C) The plan component shall be based upon the following priorities, in descending order: (i) the elimination or reduction, whenever feasible, in the use of hazardous, particularly
  toxic, substances; (ii) reduction in the generation of hazardous waste; (iii) proper management of household and exempt small quantity generator hazardous waste;
  and (iv) reduction in the toxicity of the solid waste stream, to the maximum extent feasible
  in accordance with the priorities of 10 V.S.A. § 6604(a)(1). (D) At a minimum, this plan component shall include the following: (i) an analysis of preferred management strategies that identifies advantages and disadvantages
  of each option; (ii) an ongoing educational program for schools and households, promoting the priorities
  of this subsection; (iii) an educational and technical assistance program for exempt small quantity generators
  that provides information on the following: use and waste reduction; preferred management
  strategies for specific waste streams; and collection, management, and disposal options
  currently or potentially available; (iv) a management program for household hazardous waste; (v) a priority management program for unregulated hazardous waste streams that present
  the greatest risks; (vi) a waste diversion program element that is coordinated with any owners of solid waste
  management facilities and is designed to remove unregulated hazardous waste from the
  waste stream entering solid waste facilities and otherwise to properly manage unregulated
  hazardous waste; and (vii) a waste management system established for all the waste streams banned from landfills
  under 10 V.S.A. § 6621a. (E) For the purposes of this subsection, nonregulated hazardous wastes include hazardous
  wastes generated by households and exempt small quantity generators as defined in
  the hazardous waste management regulations adopted under 10 V.S.A. chapter 159. (d) By no later than July 1, 2015, a municipality shall implement a variable rate pricing
  system that charges for the collection of municipal solid waste from a residential
  customer for disposal based on the volume or weight of the waste collected. (e) The education and outreach requirements of this section need not be met through direct
  mailings, but may be met through other methods such as television and radio advertising;
  use of the internet, social media, or electronic mail; or the publication of informational
  pamphlets or materials. (Added 1977, No. 106, § 3; amended 1987, No. 76, § 18; 1987, No. 78, § 3; 1989, No. 281 (Adj. Sess.), § 6, eff. June 22, 1990; 1989, No. 282 (Adj. Sess.), § 5, eff. June 22, 1990; 1989, No. 286 (Adj. Sess.), § 12, eff. June 22, 1990; 1991, No. 100, § 12; 1993, No. 81, § 5; 2011, No. 148 (Adj. Sess.), § 11; 2017, No. 74, § 96.)