Vermont Statutes Title 10 Sec. 7589
Terms Used In Vermont Statutes Title 10 Sec. 7589
- Collection rate: means a percentage by weight that each producer or primary battery stewardship organization collects by an established date. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- 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
- 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:
- 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
- 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
- Secretary: means the Secretary of Natural Resources. See
§ 7589. Reimbursement; authorization
(a) Reimbursement of primary battery producers.
(1) A producer or a primary battery stewardship organization operating under an approved primary battery stewardship plan that collects primary batteries or rechargeable batteries that are not listed under its approved plan shall be entitled to reimbursement from the following entities of reimbursable costs per unit of weight incurred in collecting the batteries:
(A) the producer of the collected primary battery or the primary battery stewardship organization representing the producer of the collected primary battery; or
(B) the rechargeable battery steward responsible for the collected rechargeable batteries or, where the rechargeable battery steward responsible for the collected rechargeable batteries is participating in a rechargeable battery stewardship organization, the stewardship organization.
(2) Reimbursement may be requested by a collecting primary battery producer or primary battery stewardship organization only after that producer has achieved the collection rate performance goal approved by the Secretary under section 7584 of this title.
(b) Reimbursement of rechargeable battery stewardship organization. A registered rechargeable battery steward or rechargeable battery stewardship organization shall be entitled to reimbursement from the producer of the collected primary battery or the primary battery stewardship organization representing the producer of the collected primary battery.
(c) Reimbursable costs. Under this subchapter, reimbursement shall be allowed only for those costs incurred in collecting the batteries subject to the reimbursement request. Reimbursable costs include:
(1) costs of collection, transport, recycling, and other methods of disposition identified in a primary battery stewardship plan approved pursuant to section 7586 of this title; and
(2) reasonable educational, promotional, or administrative costs. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014.)