Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                           H.548
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                                        H.548
 Introduced by Representatives Page of Newport City, Labor of Morgan,
                 Anthony of Barre City, Berbeco of Winooski, Brumsted of
                 Shelburne, Christie of Hartford, Dolan of Waitsfield, Donahue
                 of Northfield, Farlice-Rubio of Barnet, Galfetti of Barre Town,
                 Gregoire of Fairfield, Hango of Berkshire, Holcombe of
                 Norwich, Lalley of Shelburne, McCann of Montpelier, McGill
                 of Bridport, Peterson of Clarendon, Priestley of Bradford, Sims
                 of Craftsbury, Smith of Derby, Templeman of Brownington,
                 Torre of Moretown, and Wilson of Lyndon
 Referred to Committee on
 Date:
 Subject: Conservation and development; solid waste; landfill disposal
 Statement of purpose of bill as introduced: This bill proposes to ban from
 landfill disposal solid waste, landfill leachate, septage, or sludge that is
 generated in a municipality that does not have an approved implementation
 plan or that is generated by a facility that lacks a certification from the
 Secretary of Natural Resources.
    An act relating to the landfill disposal of solid waste VT LEG #372293 v.1
     BILL AS INTRODUCED                                                            H.548
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 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 10 V.S.A. § 6621a is amended to read:
 § 6621a. LANDFILL DISPOSAL REQUIREMENTS
    (a) In accordance with the following schedule, no person shall knowingly
 dispose of the following materials in solid waste or in landfills:
       (1) Lead-acid batteries, after July 1, 1990.
       (2) Waste oil, after July 1, 1990.
       (3) White goods, after January 1, 1991. “White goods” include
 discarded refrigerators, washing machines, clothes dryers, ranges, water
 heaters, dishwashers, and freezers. Other similar domestic and commercial
 large appliances may be added, as identified by rule of the Secretary.
       (4) Tires, after January 1, 1992.
       (5) Paint (whether water based or oil based), paint thinner, paint
 remover, stains, and varnishes. This prohibition shall not apply to solidified
 water-based paint in quantities of less than one gallon, nor shall this
 prohibition apply to solidified water-based paint in quantities greater than one
 gallon if those larger quantities are from a waste stream that has been subject
 to an effective paint reuse program, as determined by the Secretary.
       (6) Nickel-cadmium batteries, small sealed lead acid batteries,
 nonconsumer mercuric oxide batteries, and any other battery added by the
 Secretary by rule.
                                                                          VT LEG #372293 v.1
     BILL AS INTRODUCED                                                          H.548
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       (7)(A) Labeled mercury-added products on or before July 1, 2007.
            (B) Mercury-added products, as defined in chapter 164 of this title,
 after July 1, 2007, except as other effective dates are established in that
 chapter.
       (8) Banned electronic devices. After January 1, 2011, computers;
 peripherals; computer monitors; cathode ray tubes; televisions; printers;
 personal electronics such as personal digital assistants and personal music
 players; electronic game consoles; printers; fax machines; wireless telephones;
 telephones; answering machines; videocassette recorders; digital versatile disc
 players; digital converter boxes; stereo equipment; and power supply cords (as
 used to charge electronic devices).
       (9) Mandated recyclable materials after July 1, 2015.
       (10) Leaf and yard residuals and wood waste after July 1, 2016.
       (11) Food residuals after July 1, 2020.
       (12) Covered household hazardous products after July 1, 2025.
       (13) Solid waste, landfill leachate, septage, or sludge that is generated in
 a municipality that does not have an approved implementation plan or is
 generated by a facility that lacks a certification from the Secretary under this
 chapter.
                                                                         VT LEG #372293 v.1
     BILL AS INTRODUCED                                                               H.548
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    (b) This section shall not prohibit the designation and use of separate areas
 at landfills for the storage or processing, or both, of material specified in this
 section.
    (c) Insofar as it applies to the operator of a solid waste management
 facility, the Secretary may suspend the application of this section to material
 specified in subdivision (a)(2), (3), (4), (5), or (6) of this section, or any
 combination of these, upon finding that insufficient markets exist and adequate
 uses are not reasonably available to serve as an alternative to disposal.
    (d) The landfill disposal ban under subdivisions (a)(9)-(11) of this section
 shall not apply to mandated recyclables, leaf and yard residuals, or food
 residuals collected as part of a litter collection event operated or administered
 by a nonprofit organization or municipality.
 Sec. 2. 10 V.S.A. § 6605(b) is amended to read:
    (b) Certification for a solid waste management facility, where appropriate,
 shall:
          (1) Specify the location of the facility, including limits on its
 development.
          (2) Require proper operation and development of the facility in
 accordance with the engineering plans approved under the certificate.
                                                                            VT LEG #372293 v.1
     BILL AS INTRODUCED                                                            H.548
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       (3)(A) Specify the projected amount and types of waste material to be
 disposed of at the facility, which and require that, in case of landfills and
 incinerators, shall include the following:
                (i) if the waste is being delivered from a municipality that has an
 approved implementation plan, hazardous materials and recyclables, hazardous
 waste from households, hazardous waste from small quantity generators,
 mandated recyclables, and leaf and yard residuals shall be removed from the
 waste according to the terms of that implementation plan;
                (ii) except as provided in subdivision (B) of this subdivision (3), if
 the waste is being delivered from a municipality that does not have an
 approved implementation plan, leaf and yard residuals shall be removed from
 the waste stream, and 100 percent of each of the following shall be removed
 from the waste stream: mandated recyclables, hazardous waste from
 households, and hazardous waste from small quantity generators.
          (B) If waste delivered to the facility is process residuals from a
 material recovery facility, the facility receiving the waste shall not be required
 to remove 100 percent of mandated recyclables from the process residuals if
 the facility receiving the waste has a plan approved by the Secretary to remove
 mandated recyclables from the process residuals to the maximum extent
 practicable.
                                          ***
                                                                           VT LEG #372293 v.1
    BILL AS INTRODUCED                                 H.548
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 Sec. 3. EFFECTIVE DATE
   This act shall take effect on passage.
                                               VT LEG #372293 v.1
Statutes affected: 
As Introduced: 10-6621a, 10-6605(b), 10-6605