Vermont § 39 - Fees to the hazardous substances fund

§ 39. Fees to the hazardous substances fund

• (a) Every person required to report the use or storage of hazardous chemicals or substances
  pursuant to EPCRA shall pay the following annual fees for each hazardous chemical
  or substance, as defined by the State Emergency Response Commission, that is present
  at the facility: (1) $40.00 for quantities between 100 and 999 pounds. (2) $60.00 for quantities between 1,000 and 9,999 pounds. (3) $100.00 for quantities between 10,000 and 99,999 pounds. (4) $290.00 for quantities between 100,000 and 999,999 pounds. (5) $880.00 for quantities exceeding 999,999 pounds. (6) An additional fee of $250.00 will be assessed for each extremely hazardous chemical
  or substance as defined in 42 U.S.C. § 11002. (b) The fee shall be paid to the Commissioner of Public Safety and shall be deposited
  into the Hazardous Chemical and Substance Emergency Response Fund. (c) The following are exempted from paying the fees required by this section but shall
  comply with the reporting requirements of this chapter: (1) municipalities and other political subdivisions; (2) State agencies; (3) persons engaged in farming as defined in 10 V.S.A. § 6001; and (4) nonprofit corporations. (d) No person shall be required to pay a fee for a chemical or substance that has been
  determined to be an economic poison as defined in 6 V.S.A. § 911 or for a fertilizer or agricultural lime as defined in 6 V.S.A. § 363 and for which a registration or tonnage fee has been paid to the Agency of Agriculture,
  Food and Markets pursuant to 6 V.S.A. chapter 28 or 81. (e) The State or any political subdivision, including any municipality, fire district,
  emergency medical service, or incorporated village, is authorized to recover any and
  all reasonable direct expenses incurred as a result of the response to and recovery
  of a hazardous chemical or substance incident from the person or persons responsible
  for the incident. All funds collected by the State under this subsection shall be
  deposited into the Hazardous Chemical and Substance Emergency Response Fund created
  pursuant to subsection 38(b) of this chapter. The Attorney General shall act on behalf
  of the State to recover these expenses. The State or political subdivision shall be
  awarded costs and reasonable attorney’s fees that are incurred as a result of exercising
  the provisions of this subsection. (f)(1) The Department of Public Safety shall have authority to inspect the premises and records
  of any employer to ensure compliance with the provisions of this chapter and the rules
  adopted under this chapter. (2) A person who violates any provision of this chapter or any rule adopted under this
  chapter shall be fined not more than $1,000.00 for each violation. Each day a violation
  continues shall be deemed to be a separate violation. (3) The Attorney General may bring an action for injunctive relief in the Superior Court
  of the county in which a violation occurs to compel compliance with the provisions
  of this chapter. (Added 1989, No. 252 (Adj. Sess.), § 27; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1990; 1993, No. 194 (Adj. Sess.), §§ 7, 8, eff. June 14, 1994; 1999, No. 49, § 158; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No. 163 (Adj. Sess.), § 27; 2005, No. 72, § 14; 2005, No. 209 (Adj. Sess.), § 27; 2007, No. 153 (Adj. Sess.), § 1; 2015, No. 149 (Adj. Sess.), § 36; 2021, No. 105 (Adj. Sess.), § 376, eff. July 1, 2022; 2023, No. 143 (Adj. Sess.), § 34, eff. July 1, 2024.)