Vermont Statutes > Title 10 > Chapter 159 – Waste Management

		Sections
Subchapter 1	General Provisions	6601 – 6622b
Subchapter 2	Toxics Use Reduction and Hazardous Waste Reduction	6623 – 6633
Subchapter 3	Brownfields Reuse and Environmental Liability Limitations	6641 – 6655
Subchapter 4	Paint Stewardship Program	6671 – 6680
Subchapter 5	Single-Use Carryout Bags; Expanded Polystyrene Food Service Products; Single-Use Plastic Straws; and Single-Use Plastic Stirrers	6691 – 6700

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Terms Used In Vermont Statutes > Title 10 > Chapter 159 - Waste Management

Adjoining property owner: means a person who owns land in fee simple, if that land:
Administrative amendment: means an amendment to an individual permit, general permit, or notice of intent under a general permit that corrects typographical errors, changes the name or mailing address of a permittee, authorizes a transfer of a permit when authorized under rule, or makes other similar changes to a permit that do not require technical review of the permitted activity or the imposition of new conditions or requirements. See
Administrative record: means the application and any supporting data furnished by the applicant; all information submitted by the applicant during the course of reviewing the application; the draft permit or notice of intent to deny the application; the fact sheet and all documents cited in the fact sheet, if applicable; all comments received during the public comment period; the recording or transcript of any public meeting or meetings held; any written material submitted at a public meeting; the response to comments; the final permit; any document used as a basis for the final decision; and any other documents contained in the permit file. See
Administratively complete application: means an application for a permit for which all initially required documentation has been submitted, and any required permit fee, and the information submitted initially addresses all application requirements but has not yet been subjected to a complete technical review. See
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Agency: means the Agency of Natural Resources. See
Agency: means the Agency of Natural Resources. See
Agency: means the Agency of Natural Resources. See
Agency issuing the order: means the Secretary when the Secretary has issued an administrative or emergency administrative order under this chapter and the Board when the Board has issued such an order. See
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Annual meeting: when applied to towns shall mean the annual town meeting in March or an adjournment thereof. See
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Applicant: means a person who has applied for relief from State liability through participation in the Program. See
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Architectural paint: means interior and exterior architectural coatings, including interior or exterior water- and oil-based coatings, primers, sealers, or wood coatings, that are sold in containers of five gallons or less. See
Articles of organization: means initial, amended, and restated articles of organization and articles of merger. See
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
biennially: shall mean the year in which a regular session of the General Assembly is held. See
Board: means the Natural Resources Board defined by subdivision 6001(1) of this title. See
Brand: means a name, symbol, word, or traceable mark that identifies a primary battery and attributes the primary battery to the owner or licensee of the brand as the producer. See
Brownfield site: means real property, the expansion, redevelopment, or reuse of which may be complicated by the release or threatened release of a hazardous material. See
bulletin: means the website and e-mail notification system required by 3 V. See
Business: includes every trade, occupation, and profession. See
Business: includes every trade, occupation, profession, and other lawful purpose, whether or not carried on for profit. See
Calendar year: means the period commencing January 1 and ending December 31 of the same year. See
Carryout bag: means a bag provided by a store or food service establishment to a customer at the point of sale for the purpose of transporting groceries or retail goods, except that a "carryout bag" shall not mean:
CERCLA: means the Comprehensive Environmental, Response, Compensation, and Liability Act, 42 U. See
certificate of limited partnership: means the certificate referred to in section 3411 of this title, and the certificate as amended or restated. See
Civil citation: means an environmental citation issued by the Secretary or the Board for a violation of a statute listed under subsection 8003(a) of this title. See
Clean Air Act: means the federal statutes on air pollution prevention and control, 42 U. See
Clean Water Act: means the Federal Water Pollution Control Act, 33 U. See
Closed-loop recycling: means a system in which a product made from one type of material is reclaimed and reused in the production process or the manufacturing of a new or separate product. See
Collection rate: means a percentage by weight that each producer or primary battery stewardship organization collects by an established date. See
Commercial hauler: means any person that transports:
Commissioner: means the Commissioner of Housing and Community Development. See
Commissioner: means the Commissioner of Environmental Conservation or the Commissioner's designee. See
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Compliance: means compliance with the statutes specified in section 8003 of this title and with any related rules, permits, assurances, or orders. See
Compost: means a stable humus-like material produced by the controlled biological decomposition of organic matter through active management but shall not mean sewage, septage, or materials derived from sewage or septage. See
Consumer: means any person who presents or delivers any number of primary batteries to a collection facility that is included in an approved primary battery stewardship plan. See
Consumer product: means any product that is regularly used or purchased to be used for personal, family, or household purposes. See
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
contribution: means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his or her capacity as a partner. See
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Counterclaim: A claim that a defendant makes against a plaintiff.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Delivery: means transmission by surface mail or by a method of electronic transmission the Secretary of State may prescribe. See
Department: means the Department of Housing and Community Development. See
Department: means the Department of Environmental Conservation. See
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Designated office: means the office of a limited liability company designated pursuant to section 4007 of this title or the principal office of a foreign limited liability company. See
Development soils: means unconsolidated mineral and organic matter overlying bedrock that contains PAHs, arsenic, or lead in concentrations that:
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any ground or surface waters. See
Dissociation: means a complete termination of a member's continued membership in a limited liability company for any reason. See
Dissolution: means an event under section 4101 of this title which requires a limited liability company to wind up its affairs and to terminate its existence as a legal entity. See
Distribution: means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee. See
Distribution: means a transfer of money or property from a limited liability company to a member in the member's capacity as a member or to a transferee of the member's distributional interest. See
Distributional interest: means the right of a member or transferee to receive a distribution from a limited liability company. See
Document: means any written or recorded information, regardless of physical form or characteristics, that the Department produces or acquires in the course of reviewing an application for a permit. See
Document: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See
Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
Easily removable: means readily detachable by a person without the use of tools or with the use of common household tools. See
Economic benefit: means a reasonable approximation of any gain, advantage, wrongful profit, or delayed avoided cost, financial or otherwise, obtained as a result of a violation. See
Economic poison: means :
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
Energy recovery: means recovery in which all or a part of the solid waste materials are processed in order to use the heat content or other forms of energy of or from the material. See
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Entity: means a person other than an individual. See
Environmental Division: means the Environmental Division of the Superior Court established by 4 V. See
Environmentally sound management practices: means policies to be implemented by a producer or a stewardship organization to ensure compliance with all applicable laws and also addressing such issues as adequate record keeping, tracking and documenting the fate of materials within the State and beyond, and adequate environmental liability coverage for professional services and for the operations of the contractors working on behalf of the producer organization. See
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
event of withdrawal of a general partner: means an event that causes a person to cease to be a general partner as provided in section 3432 of this title. See
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Executor: A male person named in a will to carry out the decedent
Expanded polystyrene: means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including: fusion of polymer spheres, known as expandable bead 20 polystyrene; injection molding; foam molding; and extrusion-blow molding, also known as extruded foam polystyrene. See
Expanded polystyrene food service product: means a product made of expanded polystyrene that is:
Facility: means all contiguous land, structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of waste. See
Fact sheet: means a document that briefly sets forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing a draft decision. See
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Federally authorized or delegated program: means an area of environmental regulation where the U. See
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
Fiduciary: A trustee, executor, or administrator.
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
Food residual: means source-separated and uncontaminated material that is derived from processing or discarding of food and that is recyclable, in a manner consistent with section 6605k of this title. See
Forbearance: A means of handling a delinquent loan. A
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Foreign limited liability company: means an unincorporated entity organized under laws, other than the laws of this State, which afford limited liability to its owners comparable to the liability under section 4042 of this title. See
Foreign limited liability partnership: means a partnership that:
foreign limited partnership: means a partnership formed under laws other than the laws of this State and having as partners one or more general partners and one or more limited partners. See
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
Fraud: Intentional deception resulting in injury to another.
General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner. See
General permit: means a permit that applies to a class or category of discharges, emissions, disposal, facilities, or activities within a common geographic area, including the entire State or a region of the State. See
Generator: means any person, by site, whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation. See
Germane: On the subject of the pending bill or other business; a strict standard of relevance.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Hazardous material: means all petroleum and toxic, corrosive, or other chemicals and related sludge included in any of the following:
Hazardous waste: means any waste or combination of wastes of a solid, liquid, contained gaseous, or semi-solid form, including those that are toxic, corrosive, ignitable, reactive, strong sensitizers, or that generate pressure through decomposition, heat, or other means, that in the judgment of the Secretary may cause or contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, taking into account the toxicity of such waste, its persistence and degradability in nature, and its potential for assimilation, or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or other living organisms, or any matter that may have an unusually destructive effect on water quality if discharged to ground or surface waters of the State. See
Hazardous waste management: means the systematic and comprehensive management of the generation; storage; transport; treatment, including recycling and recovery; or disposal of hazardous waste materials. See
Household hazardous waste: means any waste from households that would be subject to regulation as hazardous wastes if it were not from households. See
Implementation plan: means that plan that is adopted to be consistent with the State solid waste management plan. See
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Individual permit: means a permit that authorizes a specific discharge, emission, disposal, facility, or activity that contains terms and conditions that are specific to the discharge, emission, disposal, facility, or activity. See
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Innocent current owner: means a person that owns real property where a release or threatened release of a hazardous material exists but the person did none of the following:
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
internal governance affairs: means the relations among the limited liability company, its members, and managers. See
Investigator: means an investigator designated and duly authorized by the Secretary or the Board. See
Joint resolution: A legislative measure which requires the approval of both chambers.
Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Leaseholder: means a resident lawfully occupying a mobile home owned by the park owner or the owner of a mobile home sited on a mobile home lot in a mobile home park regardless of whether the leaseholder has actual possession of a written lease. See
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Lien: A claim against real or personal property in satisfaction of a debt.
Limited liability partnership: means a partnership that has filed a statement of qualification under section 3291 of this title and does not have a similar statement in effect in any other jurisdiction. See
Limited partner: means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement. See
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Lot rent: means a charge assessed on a mobile home park resident for the occupancy of a mobile home lot, but does not include charges permitted under section 6238 of this title. See
low-profit limited liability company: means a limited liability company that elects to be a low-profit limited liability company pursuant to section 4161 of this title and meets the requirements of section 4162 of this title. See
Magistrate: shall mean any Supreme Court Justice, Superior judge, District judge, or Probate judge. See
Manager: means a person that under the operating agreement of a manager-managed limited liability company is responsible, alone or in concert with others, for performing the management functions stated in subsection 4054(c) of this title. See
Manager-managed limited liability company: means a limited liability company that qualifies under subsection 4054(a) of this title. See
Mandated recyclable: means the following source-separated materials: aluminum and steel cans, aluminum foil and aluminum pie plates, glass bottles and jars from foods and beverages, polyethylene terephthalate (PET) plastic bottles or jugs, high density polyethylene (HDPE) plastic bottles and jugs, corrugated cardboard, white and colored paper, newspaper, magazines, catalogues, paper mail and envelopes, boxboard, and paper bags. See
Meeting: means any structured communication conducted by participants in person or through an electronic or telecommunications medium that permits simultaneous or sequentially structured communications. See
Member: means a person that has become a member of a limited liability company under section 4051 of this title and has not dissociated under section 4081 of this title. See
Member-managed limited liability company: means a limited liability company that is not a manager-managed limited liability company. See
Minor amendment: means an amendment to an individual permit or notice of intent under a general permit that requires a change in a condition or requirement, does not necessitate technical review, and is not an administrative amendment. See
Mobile home: means :
Mobile home park: means any parcel of land under single or common ownership or control that contains, or is designed, laid out, or adapted to accommodate, more than two mobile homes. See
Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Municipal plan: means that plan that is prepared and adopted in accordance with the provisions of 24 V. See
Municipal solid waste: means combined household, commercial, and industrial waste materials generated in a given area. See
Municipality: means a city, town, or a village. See
Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
Notice of intent under a general permit: means an authorization issued by the Secretary to undertake an action authorized by a general permit. See
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Operating agreement: means any form of description of membership rights and obligations under section 4003 of this title, stored or depicted in any tangible or electronic medium, which is agreed to by the members, including amendments to the agreement. See
Oversight: Committee review of the activities of a Federal agency or program.
PAHs: means polycyclic aromatic hydrocarbons. See
Paint stewardship assessment: means a one-time charge that is:
park owner: means the owners, operators, officers, or managing agents of a mobile home park as well as any person acting through any corporate or other device who has the practical authority to establish rules, policies, or other requirements for the operation of the mobile home park. See
Participate: means to appoint a primary battery stewardship organization or rechargeable battery stewardship organization to operate on behalf of oneself and to have that appointment accepted by the stewardship organization. See
Partner: means a limited or general partner. See
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Partnership: means an association of two or more persons to carry on as co-owners a business for profit formed under section 3212 of this title, predecessor law, or comparable law of another jurisdiction and includes for all purposes of the laws of this State a limited liability partnership. See
Partnership agreement: means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement. See
Partnership agreement: means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business. See
Partnership at will: means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking. See
Partnership interest: means a partner's share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets. See
Permit: includes any permit, certification, license, registration, determination, or similar form of permission required from the Department by law. See
Permit: means any permit, license, certification, or transitional operational authority issued under any of the statutes specified in section 8003 of this title. See
Person: means any individual; partnership; company; corporation; association; unincorporated association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; federal agency; or any other legal or commercial entity. See
Person: means any individual, partnership, company, corporation, association, unincorporated association, joint venture, trust, municipality, the State of Vermont or any agency, department, or subdivision of the State, federal agency, or any other legal or commercial entity. See
Person: means an individual, corporation, limited liability company, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See
Person: means a natural person, partnership, limited partnership (domestic or foreign), trust, estate, association, corporation, or limited liability company. See
Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
Person to whom notice is federally required: means a person to whom notice of an application or draft decision must be given under federal regulations adopted pursuant to the Clean Air Act or Clean Water Act. See
Personal property: All property that is not real property.
Plaintiff: The person who files the complaint in a civil lawsuit.
plan: means a plan submitted to the Secretary pursuant to section 7584 of this title by an individual producer or a primary battery stewardship organization. See
Plastic: means a synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during their life cycle and after disposal, including material derived from either petroleum or a biologically based polymer, such as corn or other plant sources. See
Point of sale: means a check-out stand, cash register, or other point of departure from a store or food service establishment, including the location where remotely ordered food or products are delivered to a purchaser. See
Post: means :
Postconsumer paint: means architectural paint and its containers not used and no longer wanted by a purchaser. See
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
premises: means a mobile home lot and any part of a mobile home park. See
President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
Primary battery: means a nonrechargeable battery weighing two kilograms or less, including alkaline, carbon-zinc, and lithium metal batteries. See
Primary battery stewardship organization: means an organization appointed by one or more producers to act as an agent on behalf of a producer or producers to design, submit, implement, and administer a primary battery stewardship plan under this chapter. See
producer: means one of the following with regard to a primary battery that is sold or offered for sale in the State:
Producer: means a manufacturer of architectural paint who sells, offers for sale, or distributes that paint in Vermont under the producer's own name or brand. See
Program: means the Brownfield Property Cleanup Program. See
Property: means all property, real, personal, or mixed, tangible or intangible, or any interest therein. See
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public meeting: means a meeting that is open to the public and recorded or transcribed, at which the Department shall provide basic information about the draft permit decision, an opportunity for questions to the applicant and the Department, and an opportunity for members of the public to submit oral and written comments. See
Quorum: The number of legislators that must be present to do business.
radioactive waste: means waste material:
real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Receiving site: means a location where development soils are deposited. See
Rechargeable battery: means :
Rechargeable battery steward: means a person who:
Rechargeable battery stewardship organization: means an entity registered by the Secretary pursuant to section 7588 of this title that is either a single rechargeable battery steward operating on its own behalf; an organization appointed by one or more rechargeable battery stewards to operate a plan in which each steward is participating; or a retailer or franchisor of retailers operating a plan on behalf of itself or its franchisees. See
Rechargeable product: means a consumer product that contains or is packaged with a rechargeable battery at the time the product is sold, offered for sale, or distributed in the State. See
Recyclable paper carryout bag: means a carryout bag that is made of paper and that is recyclable. See
Recycling: means any process by which discarded products, components, and by-products are transformed into new usable or marketable materials in a manner in which the original products may lose their identity, but does not include energy recovery or energy generation by means of combusting discarded products, components, and by-products with or without other waste products. See
Recycling: means any process by which discarded products, components, and by-products are transformed into new usable or marketable materials in a manner in which the original products may lose their identity but does not include energy recovery or energy generation by means of combusting discarded products, components, and by-products with or without other waste products. See
Regional development corporation: means a nonprofit corporation organized in this State whose principal purpose is to promote, organize, or accomplish economic development, including providing planning and resource development services to local communities, supporting existing industry, assisting the growth and development of new and existing small businesses, and attracting industry or commerce to a particular economic region of the State. See
Regional plan: means that plan that is prepared and adopted in accordance with the provisions of 24 V. See
Regional planning commission: means a planning commission created for a region established under 24 Vt. See
Release: means any intentional or unintentional action or omission resulting in the spilling, leaking, pumping, pouring, emitting, emptying, dumping, or disposing of hazardous materials into the surface or groundwaters, or onto the lands in the State, or into waters outside the jurisdiction of the State when damage may result to the public health, lands, waters, or natural resources within the jurisdiction of the State. See
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Remediation standards: means standards developed by the Secretary for the remediation of contaminated properties. See
resident: means an individual, individuals, or family who occupies a mobile home on a permanent or temporary basis in a mobile home park as that term is defined in subdivision (2) of this section. See
Respondent: means a person who has committed or is alleged to have committed a violation. See
Retailer: means a person who offers a primary battery for sale to any consumer or business at retail in the State through any means, including remote offerings such as sales outlets, catalogues, or an Internet website. See
Retailer: means any person that offers architectural paint for sale at retail in Vermont. See
Reusable carryout bag: means a carryout bag that is designed and manufactured for multiple uses and is:
Reuse: means the return of a product into the economic stream for use in the same kind of application as originally intended, without a change in the product's identity. See
road: shall include bridges thereon and their approaches. See
said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
sale: means any transfer of title for consideration, including remote sales conducted through sales outlets, catalogues, or the Internet or any other similar electronic means. See
seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
Secretary: means the Secretary of Natural Resources or his or her duly authorized representative. See
Secretary: means the Secretary of Natural Resources. See
Secretary: means the Secretary of Natural Resources or designee. See
Secretary: means the Secretary of Natural Resources or the Secretary's duly authorized representative. See
Secretary: means the Secretary of Natural Resources. See
Secretary: means the Secretary of Natural Resources. See
secured lender: includes a person who acquires indicia of ownership by assignment from another secured lender. See
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Sign: means , with the present intent to authenticate or adopt a record:
Single-use plastic stirrer: means a device that is:
Single-use plastic straw: means a tube made of plastic that is:
Solid waste: means any discarded garbage; refuse; septage; sludge from a waste treatment plant, water supply plant, or pollution control facility; and other discarded material, including solid, liquid, semi-solid, or contained gaseous materials resulting from industrial, commercial, mining, or agricultural operations and from community activities but does not include animal manure and absorbent bedding used for soil enrichment; high carbon bulking agents used in composting; or solid or dissolved materials in industrial discharges that are point sources subject to permits under the Water Pollution Control Act, chapter 47 of this title. See
source separation: means the separation of compostable and recyclable materials from noncompostable, nonrecyclable materials at the point of generation. See
State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See
State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See
State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. See
State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
Statement: means a statement of partnership authority under section 3223 of this title, a statement of denial under section 3224 of this title, a statement of dissociation under section 3264 of this title, a statement of dissolution under section 3275 of this title, a statement of merger under section 3287 of this title, a statement of qualification under section 3291 of this title, a statement of foreign qualification under section 3302 of this title; or an amendment or cancellation of any of the foregoing. See
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Stewardship organization: means a nonprofit corporation or nonprofit organization created by a producer or group of producers to implement the Paint Stewardship Program required under this subchapter. See
stewardship program: means the system for the collection, transportation, recycling, and disposal of primary batteries implemented pursuant to an approved primary battery stewardship plan. See
Stop work order: means an order to cease construction or other activity. See
Storage: means the actual or intended containment of wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such wastes. See
Store: means a grocery store, supermarket, convenience store, liquor store, drycleaner, pharmacy, drug store, or other retail establishment that provides carryout bags to its customers. See
Subpoena: A command to a witness to appear and give testimony.
Summons: Another word for subpoena used by the criminal justice system.
sworn: shall include affirmed. See
Technical review: means the application of scientific, engineering, or other professional expertise to the facts to determine whether activity for which a permit is requested meets the standards for issuing the permit under statute and rule. See
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Transfer: includes an assignment, conveyance, lease, mortgage, deed, and encumbrance. See
Transfer: includes an assignment, a conveyance, a sale, a lease, an encumbrance, including a mortgage or security interest, a gift, and a transfer by operation of law. See
transportation: means the movement of wastes by air, rail, highway, or water. See
Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous or solid waste, so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste safer for transport, amenable for recovery, amenable for storage, or reduced in volume, or for hazardous wastes, so as to render such waste nonhazardous. See
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trustee: A person or institution holding and administering property in trust.
User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
Venue: The geographical location in which a case is tried.
Village: shall mean an incorporated village. See
Violation: means noncompliance with one or more of the statutes specified in section 8003 of this title or any related rules, permits, assurances, or orders. See
Waste: means a material that is discarded or is being accumulated, stored, or physically, chemically, or biologically treated prior to being discarded or has served its original intended use and is normally discarded or is a manufacturing or mining by-product and is normally discarded. See
Wood waste: means trees, untreated wood, and other natural woody debris, including tree stumps, brush and limbs, root mats, and logs. See
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writing: means a written communication, including a letter, fax, e-mail, or other electronic format that may be prescribed by the Secretary of State. See