Vermont Statutes Title 10 Sec. 6607a
Terms Used In Vermont Statutes Title 10 Sec. 6607a
- Commercial hauler: means any person that transports:
- 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
- Facility: means all contiguous land, structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of waste. See
- 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
- Implementation plan: means that plan that is adopted to be consistent with the State solid waste management plan. See
- Municipal solid waste: means combined household, commercial, and industrial waste materials generated in a given area. 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
- 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
- Secretary: means the Secretary of Natural Resources or his or her duly authorized representative. See
- 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
- 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
- transportation: means the movement of wastes by air, rail, highway, or water. See
- 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.
- 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
§ 6607a. Waste transportation; commercial hauler permit requirement
(a) A commercial hauler desiring to transport waste within the State shall apply to the Secretary for a permit to do so by submitting an application on a form prepared for this purpose by the Secretary and by submitting the disclosure statement described in section 6605f of this title. These permits shall have a duration of five years and shall be renewed annually. The application shall indicate the nature of the waste to be hauled. The Secretary may specify conditions that the Secretary deems necessary to ensure compliance with State law.
(b) As used in this section:
(1) “Commercial hauler” means:
(A) any person that transports regulated quantities of hazardous waste; and
(B) any person that transports solid waste for compensation in a motor vehicle.
(2) The commercial hauler required to obtain a permit under this section is the legal or commercial entity that is transporting the waste, rather than the individual employees and subcontractors of the legal or commercial entity. In the case of a sole proprietorship, the sole proprietor is the commercial entity.
(3) The Secretary shall not require a commercial hauler to obtain a permit under this section, comply with the disclosure requirements of this section, comply with the reporting and registration requirements of section 6608 of this title, or pay the fee specified in 3 V.S.A. § 2822, if:
(A) the commercial hauler does not transport more than four cubic yards of solid waste at any time; and
(B) the solid waste transportation services performed are incidental to other nonwaste services performed by the commercial hauler.
(c) Wastes shall be subject to inspection, by an agent of the Secretary or any duly authorized law enforcement officer, during transportation or upon delivery to a facility, for compliance with the requirements of State law.
(d) It shall be unlawful for any person to operate a motor vehicle subject to the provisions of this section upon any public highway in the State without first obtaining the permit from the Secretary, or to so operate without having in the vehicle a permit issued under this section.
(e) A violation of this section shall be considered a traffic violation within the meaning of 23 Vt. Stat. Ann. chapter 24.
(f) Any person who violates any provision of this section shall be subject to a penalty of not more than $200.00 for a traffic violation. The penalties imposed by this subsection shall be in addition to other penalties imposed by this chapter.
(g)(1) Except as set forth in subdivisions (2), (3), and (4) of this subsection, a commercial hauler that offers the collection of municipal solid waste:
(A) Beginning on July 1, 2015, shall offer to collect mandated recyclables separate from other solid waste and deliver mandated recyclables to a facility maintained and operated for the management and recycling of mandated recyclables.
(B) Beginning on July 1, 2020, shall offer to nonresidential customers and apartment buildings with four or more residential units collection of food residuals separate from other solid waste and deliver to a location that manages food residuals in a manner consistent with the priority uses established under subdivisions 6605k(a)(2)-(5) of this title. Commercial haulers shall not be required to offer collection of food residuals if another commercial hauler provides collection services for food residuals in the same area and has sufficient capacity to provide service to all customers.
(2) In a municipality that has adopted a solid waste management ordinance addressing the collection of mandated recyclables or food residuals, a commercial hauler in that municipality is not required to comply with the requirements of subdivision (1) of this subsection and subsection (h) of this section for the material addressed by the ordinance if the ordinance:
(A) is applicable to all residents of the municipality;
(B) prohibits a resident from opting out of municipally provided solid waste services; and
(C) does not apply a variable rate for the collection for the material addressed by the ordinance.
(3) A commercial hauler is not required to comply with the requirements of subdivision (1)(A) or (B) of this subsection in a specified area within a municipality if:
(A) the Secretary has approved a solid waste implementation plan for the municipality;
(B) for purposes of waiver of the requirements of subdivision (1)(A) of this subsection (g), the Secretary determines that under the approved plan:
(i) the municipality is achieving the per capita disposal rate in the State Solid Waste Plan; and
(ii) the municipality demonstrates that its progress toward meeting the diversion goal in the State Solid Waste Plan is substantially equivalent to that of municipalities complying with the requirements of subdivision (1)(A) of this subsection (g);
(C) the approved plan delineates an area where solid waste management services required by subdivision (1)(A) or (B) of this subsection (g) are not required; and
(D) in the delineated area, alternatives to the services, including on-site management, required under subdivision (1)(A) or (B) of this subsection (g), are offered, the alternative services have capacity to serve the needs of all residents in the delineated area, and the alternative services are convenient to residents of the delineated area.
(4) A commercial hauler is not required to comply with the requirements of subdivision (1)(A) or (B) of this subsection for mandated recyclables or food residuals collected as part of a litter collection.
(h) A commercial hauler certified under this section that offers the collection of municipal solid waste may not charge a separate line item fee on a bill to a residential customer for the collection of mandated recyclables, provided that a commercial hauler may charge a fee for all service calls, stops, or collections at a residential property and a commercial hauler may charge a tiered or variable fee based on the size of the collection container provided to a residential customer or the amount of waste collected from a residential customer. A commercial hauler certified under this section may incorporate the cost of the collection of mandated recyclables into the cost of the collection of solid waste and may adjust the charge for the collection of solid waste. A commercial hauler certified under this section that offers the collection of solid waste may charge a separate fee for the collection of food residuals from a residential customer.
(i) A commercial hauler that operates a bag-drop or fast-trash site at a fixed location to collect municipal solid waste shall offer at the site all collection services required under 10 V.S.A. § 6605(j). (Added 1987, No. 78, § 11; amended 1987, No. 246 (Adj. Sess.), § 4, eff. June 13, 1988; 1993, No. 81, § 4; 1993, No. 157 (Adj. Sess.), § 6; 1995, No. 141 (Adj. Sess.), § 8, eff. April 30, 1996; 2011, No. 148 (Adj. Sess.), § 8; 2013, No. 175 (Adj. Sess.), § 6; 2015, No. 57, § 23; 2015, No. 95 (Adj. Sess.), § 2, eff. May 10, 2016; 2017, No. 47, § 3b, eff. May 23, 2017; 2017, No. 208 (Adj. Sess.), § 2, eff. May 30, 2018; 2019, No. 83, § 17, eff. July 1, 2020; 2021, No. 170 (Adj. Sess.), § 7, eff. July 1, 2022.)