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H.204 1
Introduced by Representatives Taylor of Milton and Harple of Glover 2
Referred to Committee on 3
Date: 4
Subject: Conservation and development; solid waste; extended producer 5
responsibility; motor vehicle tires 6
Statement of purpose of bill as introduced: This bill proposes to establish an 7
extended producer responsibility program for waste motor vehicle tires. 8
An act relating to the collection and recycling of waste motor vehicle tires 9
It is hereby enacted by the General Assembly of the State of Vermont: 10
Sec. 1. 10 V.S.A. chapter 169 is added to read: 11
CHAPTER 169. COLLECTION AND RECYCLING 12
OF WASTE MOTOR VEHICLE TIRES 13
Subchapter 1. Definitions 14
§ 7601. DEFINITIONS 15
As used in this chapter: 16
(1) “Agency” means the Agency of Natural Resources. 17
(2) “Brand” means a name, symbol, word, or traceable mark 18
that identifies a motor vehicle tire and attributes the motor vehicle tire to the 19
owner or licensee of the brand as the manufacturer. 20 BILL AS INTRODUCED H.204
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(3) “Collection rate” means a percentage of the number of waste tires 1
that each manufacturer or waste tire stewardship organization collects by an 2
established date. The collection rate is calculated by dividing the total number 3
of the waste tires that are collected during a calendar year by the average 4
number of motor vehicle tires that were estimated to have been sold in the 5
State by participating manufacturers during the previous three calendar years. 6
Estimates of motor vehicle tires sold in the State may be based on a reasonable 7
pro rata calculation based on national sales. 8
(4) “Covered entity” means any person who presents or delivers any 9
number of waste tires to a collection facility that is included in an approved 10
waste tire stewardship plan. 11
(5) “Legacy waste tire pile” means an accumulation of 50 or more waste 12
tires, whether or not they are lying upon another, that: 13
(A) is located on a parcel of real property, other than a parcel used by 14
a person engaged in farming, as that term is defined in section 6001 of this 15
title, when the person engaged in farming has sliced the tires to prevent the 16
holding of water and the sliced tires are currently in use annually for the 17
practice of holding down silage bunkers; and 18
(B) is not enclosed by a building. 19
(6) “Manufacturer” means a person who: 20 BILL AS INTRODUCED H.204
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(A) manufactures or manufactured a motor vehicle tire under the 1
person’s own brand or label for sale in the State; 2
(B) sells in the State under its own brand or label a motor vehicle tire 3
produced by another supplier; 4
(C) owns a brand that the person licenses or licensed to another 5
person for use on a motor vehicle tire sold in the State; 6
(D) imports into the United States for sale in the State a motor 7
vehicle tire manufactured by a person without a presence in the United States; 8
(E) manufactures a motor vehicle tire for sale in the State without 9
affixing a brand name; or 10
(F) assumes the responsibilities, obligations, and liabilities of a 11
manufacturer as defined under subdivisions (A) through (E) of this subdivision 12
(6), provided that the Secretary may enforce the requirements of this chapter 13
against a manufacturer defined under subdivisions (A) through (E) of this 14
subdivision (6) if a person who assumes the manufacturer’s responsibilities 15
fails to comply with the requirements of this chapter. 16
(7) “Motorized electric powered bicycle or tricycle” means a bicycle or 17
tricycle that is equipped with an assistance motor that has a maximum piston 18
displacement of 48 cubic centimeters or less, that may also be self-propelled, 19
and that is operated at speeds of less than 20 miles per hour. 20 BILL AS INTRODUCED H.204
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(8) “Motor vehicle” means all vehicles operated in the State that are 1
propelled or drawn by power other than muscular power. 2
(A) “Motor vehicle” includes: 3
(i) “all-terrain vehicles,” which has the same meaning as in 4
23 V.S.A. § 3501(1); 5
(ii) “motorcycles,” which has the same meaning as in 23 V.S.A. 6
§ 4(18); 7
(iii) farm tractors and farm trailers; and 8
(iv) “motor-driven cycles,” which has the same meaning as in 9
23 V.S.A. § 4(45)(A). 10
(B) “Motor vehicle” does not mean: 11
(i) an “electric personal assistive mobility device,” which has the 12
same meaning as in 23 V.S.A. § 4(66); 13
(ii) an “electric bicycle,” which has the same meaning as in 14
23 V.S.A. § 4(46)(A); 15
(iii) a “motor-assisted bicycle,” which has the same meaning as in 16
23 V.S.A. § 4(45)(B)(i), or a motor-assisted bicycle that has been modified to 17
meet the physical needs or abilities of the operator or a passenger; 18
(iv) an “adaptive electric cycle,” which has the same meaning as 19
in 19 V.S.A. § 2901; 20
(v) a lawn mower; or 21 BILL AS INTRODUCED H.204
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(vi) a specialized construction vehicle, such as motorized highway 1
building equipment, a road-making appliance, a tracked vehicle, and an aircraft 2
pushback tractor. 3
(9) “Motor vehicle tire” means a tire designed for on-road use on a 4
motor vehicle. 5
(10) “Retailer” means a person who sells a motor vehicle tire to a person 6
in the State through any means, including a sales outlet, a catalogue, the 7
telephone, the internet, or any electronic means. 8
(11) “Secretary” means the Secretary of Natural Resources. 9
(12) “Sell” or “sale” means any transfer to a person for consideration of 10
title or of the right of a person to use by lease or sales contract a motor vehicle 11
tire in the State of Vermont. “Sell” or “sale” does not include the sale, resale, 12
lease, or transfer of a used motor vehicle tire or a manufacturer’s or a 13
distributor’s wholesale transaction with a distributor or a retailer. 14
(13) “Tire” means a continuous solid or pneumatic rubber covering 15
encircling the wheel of a motor vehicle. 16
(14) “Waste tire” means a motor vehicle tire that has been removed 17
from a motor vehicle and is no longer suitable for its original purpose because 18
of wear, tear, damage, defect, or other reason. 19
(15) “Waste tire stewardship organization” or “stewardship 20
organization” means an organization appointed by one or more manufacturers 21 BILL AS INTRODUCED H.204
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to act as an agency on behalf of a manufacturer or manufacturers to design, 1
submit, implement, and administer a waste tire stewardship plan under this 2
chapter. 3
Subchapter 2. Waste Tire Stewardship Program 4
§ 7604. SALE OF MOTOR VEHICLE TIRES; STEWARDSHIP 5
ORGANIZATION REGISTRATION 6
Sale prohibited. Beginning on January 1, 2027, except as set forth under 7
section 7609 of this title, a manufacturer of a motor vehicle tire shall not sell, 8
offer for sale, or deliver to a retailer for subsequent sale a motor vehicle tire 9
unless all the following have been met: 10
(1) The manufacturer is: 11
(A) implementing an approved waste tire stewardship plan; or 12
(B) participating in a waste tire stewardship organization that is 13
registered with the Secretary and that is implementing an approved waste tire 14
stewardship plan. 15
(2) The manufacturer or waste tire stewardship organization has paid the 16
fee under section 7620 of this title. 17
(3) The name of the manufacturer and the manufacturer’s brands are 18
designated on the Agency website as covered by an approved waste tire 19
stewardship plan. 20 BILL AS INTRODUCED H.204
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§ 7605. REGISTRATION OF MANUFACTURER OR WASTE TIRE 1
STEWARDSHIP ORGANIZATION 2
(a) Manufacturer registration requirements. On or before July 1, 2026, and 3
annually thereafter, a manufacturer of motor vehicle tires sold or offered for 4
sale in the State shall register with the Secretary. 5
(b) Waste tire stewardship organization registration. A manufacturer of 6
motor vehicle tires may meet the requirements of this chapter by participating 7
in a waste tire stewardship organization that registers with the Secretary on or 8
before July 1, 2026, and annually thereafter, and that meets the requirements of 9
section 7606 of this title. 10
(c) Registration form. The Secretary shall provide the registration form to 11
the manufacturer or waste tire stewardship organization. The registration form 12
shall include: 13
(1) for a manufacturer registering independently: 14
(A) a list of the manufacturer’s brands offered for sale in the 15
State; and 16
(B) the name, address, and contact information of a person 17
responsible for ensuring the manufacturer’s compliance with this chapter; and 18
(2) for a waste tire stewardship organization: 19
(A) a list of the manufacturers participating in the waste tire 20
stewardship organization; 21 BILL AS INTRODUCED H.204
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(B) the name, address, and contact information of a person 1
responsible for ensuring each participating manufacturer’s compliance with 2
this chapter; 3
(C) a description of how the waste tire stewardship organization 4
meets the requirements of sections 7604, 7607, and 7608 of this title for 5
manufacturers, including any reasonable requirements for participation in the 6
waste tire stewardship organization; and 7
(D) the name, address, and contact information of a person whom a 8
nonmember manufacturer can contact regarding how to participate in the waste 9
tire stewardship organization as a method of satisfying the requirements of this 10
chapter. 11
(d) Renewal of registration. A manufacturer or waste tire stewardship 12
organization may renew a registration without changes by notifying the 13
Agency of Natural Resources on a form provided by the Secretary. 14
§ 7606. WASTE TIRE STEWARDSHIP ORGANIZATIONS; 15
REQUIREMENTS 16
Qualifications for a waste tire stewardship organization. To qualify as a 17
waste tire stewardship organization under this chapter, a stewardship 18
organization shall: 19
(1) commit to assume the responsibilities, obligations, and liabilities of 20
the manufacturers participating in the waste tire stewardship organization; 21 BILL AS INTRODUCED H.204
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(2) not create unreasonable barriers for participation by manufacturers in 1
the waste tire stewardship organization; 2
(3) maintain a public website that lists all manufacturers and 3
manufacturers’ brands covered by the waste tire stewardship organization’s 4
approved waste tire stewardship plan; and 5
(4) register with the Secretary as required under section 7605 of 6
this title. 7
§ 7607. WASTE TIRE STEWARDSHIP PLANS 8
(a) Stewardship plan required. On or before October 1, 2026, each 9
manufacturer selling, offering for sale, distributing, or offering for promotional 10
purposes a motor vehicle tire in the State shall individually or as part of a 11
waste tire stewardship organization submit a waste tire stewardship plan to the 12
Secretary for review. 13
(b) Waste tire stewardship plan; minimum requirements. Each waste tire 14
stewardship plan shall include, at a minimum, all of the following elements: 15
(1) List of manufacturers and brands. Each waste tire stewardship plan 16
shall list: 17
(A) all participating manufacturers and contact information for each 18
of the participating manufacturers; and 19
(B) the brands of motor vehicle tires covered by the stewardship plan. 20 BILL AS INTRODUCED H.204
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(2) Free collection of waste tires. Each waste tire stewardship plan shall 1
provide for the collection of waste tires from covered entities at no cost to 2
covered entities. A manufacturer shall not refuse the collection of a waste tire 3
based on the brand or manufacturer of the motor vehicle tire. 4
(3) Convenient collection location. Each waste tire stewardship 5
plan shall: 6
(A) Provide for notification of all retailers of an opportunity to 7
participate at no cost as a collection location under the plan. 8
(B) Allow all retailers who meet requirements specified in the plan, 9
all municipalities, and all certified solid waste management facilities to opt to 10
be a collection facility under the plan at no cost to the retailer, municipality, or 11
certified solid waste management facility. 12
(C) Provide, at a minimum, in each county of the State not fewer than 13
two collection facilities that provide for the collection of waste tires throughout 14
the year. All collection facilities shall be specified in the plan. 15
(D) Provide for the acceptance from a covered entity of up to 12 16
waste tires per visit. A collection facility may agree to accept more than 12 17
waste tires per visit. 18
(4) Legacy waste tire pile response. Each waste tire stewardship plan 19
shall include a proposed method of collecting tires from or eliminating legacy 20 BILL AS INTRODUCED H.204
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waste tire piles in the State. Proposed methods may include financial 1
payments to property owners, bounties on collection, or other incentives. 2
(5) Collection rate. Each waste tire stewardship plan shall include a 3
collection rate performance goal approved by the Secretary. In the first year of 4
the plan, manufacturers shall have a collection rate performance goal of 50 5
percent of the participating manufacturer’s motor vehicle tires sold, by unit, in 6
the State in the previous calendar year. 7
(6) Method of disposition. Each waste tire stewardship plan shall 8
include a description of the method that will be used to manage waste tires 9
responsibly. A manufacturer or waste tire stewardship organization shall 10
recycle or reuse at least 50 percent of collected waste tires, provided that use of 11
waste tires as tire-derived fuel shall not be considered reuse or recycling. 12
(7) Education and outreach. Each waste tire stewardship plan shall 13
include an education and outreach program that may include media 14
advertising, retail displays, articles in publications, and other public 15
educational efforts. At a minimum, the education and outreach program shall 16
notify the public of the following: 17
(A) that there is a free collection program for waste tires; 18
(B) the location of collection points for waste tires and how a covered 19
entity can access the collection program; and 20 BILL AS INTRODUCED H.204
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(C) the opportunity of retailers, manufacturers, and certified solid 1
waste management facilities to participate in waste tire stewardship plan at no 2
cost. 3
(8) Compliance with appropriate environmental standards. In 4
implementing a waste tire stewardship plan, a manufacturer shall comply with 5
all applicable laws related to the collection, transportation, and disposal of 6
waste tires. 7
(9) Reimbursement. A waste tire stewardship plan shall include 8
a reimbursement procedure that is consistent with the requirements of 9
subchapter 3 of this chapter. 10
(c) Implementation. A manufacturer or a waste tire stewardship 11
organization shall include provisions in the waste tire stewardship plan for the 12
implementation of the program in conjunction with those retailers, 13
municipalities, and certified solid waste management facilities acting as 14
collection facilities under a program. A manufacturer or waste tire stewardship 15
organization shall not impose transportation or recycling costs on retailers, 16
municipalities, or certified solid waste management facilities acting as 17
collection facilities under a program. A manufacturer or waste tire stewardship 18
organization shall provide retailers, municipalities, and certified solid waste 19
management facilities acting as collection facilities products or equipment for 20 BILL AS INTRODUCED H.204
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setting up a collection point and for providing for the pickup of collected waste 1
tires, including arranging for the management of those waste tires. 2
(d) Term of waste tire stewardship plan. A stewardship plan approved by 3
the Secretary under section 7610 of this title shall have a term not to exceed 4
five years, provided that the manufacturer remains in compliance with the 5
requirements of this chapter and the terms of the approved plan. 6
§ 7608. ANNUAL REPORT; PLAN AUDIT 7
(a) Annual report. On or before March 1, 2028, and annually thereafter, a 8
manufacturer of motor vehicle tires or a waste tire stewardship organization 9
representing manufacturers of motor vehicle tires shall submit a report to the 10
Secretary that contains the following: 11
(1) the estimated total number of motor vehicle tires sold in the State in 12
the previous calendar year; 13
(2) the number of waste tires collected by the manufacturer or the waste 14
tire stewardship organization in the prior calendar year; 15
(3) the collection rate achieved in the prior calendar year under the 16
waste tire stewardship plan; 17
(4) the locations for all collection points set up by the manufacturer or 18
the waste tire stewardship organization and contact information for each 19
location; 20 BILL AS INTRODUCED H.204
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(5) examples and description of educational materials used to increase 1
collection; 2
(6) the manner in which the collected waste tires were managed, 3
including: 4
(A) the number of waste tires collected from legacy waste tire piles; 5
(B) the number of collected waste tires recycled or reused; and 6
(C) the number of collected waste tires disposed of as tire-derived 7
fuel or otherwise incinerated; 8
(7) any material change to the waste tire stewardship plan approved by 9
the Secretary under section 7610 of this title; and 10
(8) the cost of implementation of the waste tire stewardship plan, 11
including the costs of collection, recycling, education, and outreach. 12
(b) Plan audit. Beginning on January 1, 2032, and every five years 13
thereafter, a manufacturer or waste tire stewardship organization shall hire an 14
independent third party to audit the plan and plan operation. The auditor shall 15
examine the effectiveness of the plan in collecting and disposing of waste tires. 16
The auditor shall examine the cost-effectiveness of the plan and compare it to 17
that of waste tire stewardship plans in other jurisdictions. The auditor shall 18
make recommendations to the Secretary on ways to increase the efficacy and 19
cost-effectiveness of the waste tire stewardship plan. 20 BILL AS INTRODUCED H.204
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§ 7609. NEW MANUFACTURERS; SMALL MANUFAC TURERS 1
(a) New manufacturers. 2
(1) A manufacturer of a motor vehicle tire who, after January 1, 2027, 3
seeks to sell, offer for sale, or offer for promotional purposes in the State a 4
motor vehicle tire not previously sold in the State shall notify the Secretary 5
prior to selling or offering for sale or promotion a motor vehicle tire not 6
covered by an approved waste tire stewardship plan. 7
(2) The Secretary shall list a manufacturer who supplies notice under 8
this subsection as a “new manufacturer” on the Agency’s website. A 9
manufacturer that supplies notice under this subsection shall have 90 days, not 10
including the time required for public comment under subsection 7610(d) of 11
this title, to either join an existing waste tire stewardship organization or 12
submit a waste tire stewardship plan for approval to the Secretary. 13
(b) Small manufacturers. A manufacturer who annually sells, offers for 14
sale, distributes, or imports in or into the State motor vehicles with a total retail 15
value of less than $5,000.00 is exempt from the requirements of this chapter. 16
§ 7610. AGENCY RESPONSIBILITIES 17
(a) Review and approve stewardship plans. The Secretary shall review and 18
approve or deny waste tire stewardship plans submitted under section 7607 of 19
this title. The Secretary shall approve a waste tire stewardship plan if the 20
Secretary finds that the plan: 21 BILL AS INTRODUCED H.204
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(1) complies with the requirements of subsection 7607(b) of this title; 1
(2) provides adequate notice to the public of the collection opportunities 2
available for waste tires; 3
(3) ensures that collection of waste tires will occur in an 4
environmentally sound fashion that is consistent with the law; and 5
(4) promotes the collection and disposal of waste tires. 6
(b) Assessment of performance. The Secretary shall assess each 7
manufacturer’s or waste tire stewardship organization’s performance under an 8
approved waste tire stewardship plan, including whether a manufacturer or 9
waste tire stewardship organization achieved the collection rate performance 10
goal for the year. If a manufacturer or waste tire stewardship organization fails 11
to achieve its collection rate performance goal, the Secretary shall impose a 12
penalty under section 7612 of this title. 13
(c) Plan amendment. The Secretary, in the Secretary’s discretion or at the 14
request of a manufacturer or a waste tire stewardship organization, may require 15
a manufacturer or a stewardship organization to amend an approved plan. The 16
Secretary shall subject all plan amendments to the public input provisions of 17
subsection (d) of this section. 18
(d) Public input. Approval of or amendment to the waste tire steward plan 19
shall be subject to the public input provisions of section 7714 of this title. 20 BILL AS INTRODUCED H.204
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(e) Registrations. The Secretary shall accept, review, and approve or deny 1
manufacturer registrations or the waste tire stewardship organization 2
registrations required by this chapter. The Secretary may revoke a registration 3
of a manufacturer or a waste tire stewardship organization for actions that are 4
unreasonable, unnecessary, or contrary to the requirements or the policy of this 5
chapter. 6
(f) Supervisory capacity. The Secretary shall act in a supervisory capacity 7
over the actions of a manufacturer or a waste tire stewardship organization 8
registered under this chapter. In acting in this capacity, the Secretary shall 9
review the actions of the manufacturer or the waste tire stewardship 10
organization to ensure that they are reasonable, necessary, and limited to 11
carrying out requirements of and policy established by this chapter. 12
(g) Special handling requirements. The Secretary may adopt, by rule, 13
special handling requirements for the collection, transport, and disposal of 14
waste tires. 15
(h) Approved plans; internet posting. The Secretary shall post on the 16
Agency website the names of all manufacturers and manufacturers’ brands that 17
are covered under an approved waste tire stewardship plan. For waste tire 18
stewardship organizations, the Secretary may link to the list of manufacturers 19
and manufacturers’ brands on the waste tire stewardship organization’s 20
website. 21 BILL AS INTRODUCED H.204
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§ 7611. RETAILER OBLIGATIONS 1
(a) Sale prohibited. Except as set forth under subsection (b) of this section, 2
beginning on January 1, 2027, no retailer shall sell or offer for sale a motor 3
vehicle tire unless the producer of the motor vehicle tire is implementing an 4
approved stewardship plan, is a member of a stewardship organization that is 5
implementing an approved stewardship plan, or is exempt from participation in 6
the plan. 7
(b) Inventory exception; expiration or revocation of manufacturer 8
registration. A retailer shall not be responsible for an unlawful sale of a motor 9
vehicle tire under this subsection if: 10
(1) the retailer purchased the motor vehicle tire prior to January 1, 11
2027; or 12
(2) the manufacturer’s waste tire stewardship plan expired or was 13
revoked, and the retailer took possession of the in-store inventory of motor 14
vehicle tires prior to the expiration or revocation of the manufacturer’s waste 15
tire stewardship plan. 16
(c) Educational material. A manufacturer or waste tire stewardship 17
organization supplying motor vehicle tires to a retailer shall provide the retailer 18
with educational materials describing collection opportunities for waste tires. 19
The retailer shall make the educational materials available to covered entities. 20 BILL AS INTRODUCED H.204
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§ 7612. PENALTIES FOR FAILURE TO ACHIEVE PERFORMANCE 1
COLLECTION GOAL 2
(a) Assessment of penalty. The Secretary shall assess a penalty against a 3
manufacturer or waste tire stewardship organization that fails to achieve the 4
collection rate performance goal in its waste tire stewardship plan. 5
(b) Amount of penalty. The Secretary shall assess a penalty under this 6
section as follows: 7
(1) If the manufacturer achieved less than 50 percent of the collection 8
rate performance goal, the manufacturer shall pay a penalty of $1.00 per tire 9
difference between the collection rate performance goal and the actual number 10
of waste tires collected in the calendar year. 11
(2) If the manufacturer achieved 50 percent or greater of the collection 12
rate performance goal, the manufacturer shall pay a penalty of $0.50 per tire 13
difference between the collection rate performance goal and the actual number 14
of waste tires collected in the calendar year. 15
(c) Disposition of penalties. The Secretary shall deposit penalties collected 16
under this section in the Solid Waste Management Assistance Account of the 17
Waste Management Assistance Fund for the proper disposal of waste tires as 18
provided for in subdivision 6618(b)(10) of this title, including the elimination 19
of legacy waste tire piles. 20 BILL AS INTRODUCED H.204
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Subchapter 3. Reimbursement and Cost Recovery 1
§ 7614. REIMBURSEMENT; AUTHORIZATION 2
(a) Reimbursement of motor vehicle tire manufacturers. 3
(1) A manufacturer or a waste tire stewardship organization operating 4
under an approved waste tire stewardship plan that collects waste tires that are 5
not listed under its approved waste tire stewardship plan is entitled to 6
reimbursement from the manufacturer of the collected waste tire or the waste 7
tire stewardship organization representing the manufacturer of the collected 8
waste tire of reimbursable costs per tire incurred in collecting waste tires. 9
(2) Reimbursement may be requested by a collecting manufacturer or 10
waste tire stewardship organization only after that manufacturer or stewardship 11
organization has achieved the collection rate performance goal approved by the 12
Secretary under section 7607 of this title. 13
(b) Reimbursable costs. Under this subchapter, a manufacturer or a waste 14
tire stewardship organization may seek reimbursement only for those costs 15
incurred in collecting the waste tires subject to the reimbursement request. 16
Reimbursable costs include: 17
(1) costs of collection, transport, recycling, and other methods of 18
disposition identified in an approved waste tire stewardship plan; and 19
(2) reasonable educational, promotional, or administrative costs. 20 BILL AS INTRODUCED H.204
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§ 7615. REIMBURSEMENT PROCESS 1
(a) Reimbursement request. 2
(1) A manufacturer or waste tire stewardship organization that incurs 3
reimbursable costs under section 7614 of this title shall submit a request to the 4
manufacturer of the collected waste tire or the waste tire stewardship 5
organization in which the manufacturer of the collected waste tire is 6
participating. 7
(2) A manufacturer or waste tire stewardship organization that receives 8
a request for reimbursement may, prior to payment and within 30 days after 9
receipt of the request for reimbursement, request an independent audit of 10
submitted reimbursement costs. 11
(3) The independent auditor shall verify the reasonableness of the 12
reimbursement request, including the costs sought for reimbursement, the 13
amount of reimbursement, and the reimbursable costs assessed by each of the 14
two programs. 15
(4) If the independent audit confirms the reasonableness of the 16
reimbursement request, the manufacturer or waste tire stewardship 17
organization requesting the audit shall pay the cost of the audit and the amount 18
of the reimbursement calculated by the independent auditor. If the 19
independent audit indicates the reimbursement request was not reasonable, the 20
manufacturer or waste tire stewardship organization that initiated the 21 BILL AS INTRODUCED H.204
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reimbursement request shall pay the cost of the audit and the amount of the 1
reimbursement calculated by the independent auditor. 2
(b) Role of Agency. The Agency shall not provide assistance or otherwise 3
participate in a reimbursement request, audit, or other action under this section, 4
unless subject to subpoena before a court of jurisdiction. 5
§ 7616. PRIVATE RIGHT OF ACTION 6
(a) Action against manufacturer with no waste tire stewardship plan. A 7
manufacturer or waste tire stewardship organization implementing an approved 8
waste tire stewardship plan in compliance with the requirements of this chapter 9
may bring a civil action against another manufacturer or waste tire stewardship 10
organization for damages when: 11
(1) the plaintiff manufacturer or waste tire stewardship organization 12
incurs more than $1,000.00 in actual reimbursable costs collecting, handling, 13
recycling, or properly disposing of waste tires that were sold or offered for sale 14
in the State by that other manufacturer; and 15
(2) the manufacturer from whom damages are sought: 16
(A) can be identified as the manufacturer of the collected waste tires 17
from a brand or marking on the waste tire or from other information available 18
to the plaintiff manufacturer or waste tire stewardship organization; and 19 BILL AS INTRODUCED H.204
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(B) does not operate or participate in an approved waste tire 1
stewardship organization in the State or is not otherwise in compliance with 2
the requirements of this chapter. 3
(b) Action against manufacturer with an approved waste tire stewardship 4
plan. A manufacturer or waste tire stewardship organization in compliance 5
with the requirements of this chapter may bring a civil action for damages 6
against a manufacturer or waste tire stewardship organization in the State that 7
is in compliance with the requirements of this chapter, provided that: 8
(1) a plaintiff manufacturer or waste tire stewardship organization 9
submitted a reimbursement request to another manufacturer or waste tire 10
stewardship organization under section 7615 of this title; and 11
(2) the manufacturer or waste tire stewardship organization does not 12
receive reimbursement within: 13
(A) 90 days after the reimbursement request, if no independent audit 14
is requested under section 7615 of this title; or 15
(B) 60 days after completion of an audit if an independent audit is 16
requested under section 7615 of this title, and the audit confirms the validity of 17
the reimbursement request. 18
(c) Action against individual manufacturer. 19
(1) A civil action under this section may be brought against an 20
individual manufacturer only if the manufacturer is implementing its own 21 BILL AS INTRODUCED H.204
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waste tire stewardship plan or the manufacturer has failed to register to 1
participate in a waste tire stewardship plan. 2
(2) A manufacturer participating in an approved waste tire stewardship 3
plan covering multiple manufacturers shall not be sued individually for 4
reimbursement. 5
(3) An action against a manufacturer participating in a waste tire 6
stewardship plan covering multiple manufacturers shall be brought against the 7
stewardship organization implementing the plan. 8
(d) Role of Agency. The Agency shall not be a party to or be required to 9
provide assistance or otherwise participate in a civil action authorized under 10
this section solely due to its regulatory requirements under this chapter, unless 11
subject to subpoena before a court of jurisdiction. 12
(e) Damages; definition. As used in this section, “damages” means the 13
actual, reimbursable costs a plaintiff manufacturer or waste tire stewardship 14
organization incurs in collecting, handling, recycling, or properly disposing of 15
waste tires reasonably identified as having originated from another 16
manufacturer or waste tire stewardship organization. 17
Subchapter 4. General Provisions 18
§ 7618. CONFIDENTIALITY OF SUBMITTED DATA 19
(a) Confidentiality. The Secretary shall make reports and data submitted 20
under this chapter available for public inspection and copying, provided that: 21 BILL AS INTRODUCED H.204
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(1) information protected under the Uniform Trade Secrets Act, as 1
codified under 9 V.S.A. chapter 143, or under the trade secret exemption under 2
1 V.S.A. § 317(c)(9) shall be exempt from public inspection and copying under 3
the Public Records Act; and 4
(2) the Secretary may publish information confidential under 5
subdivision (1) of this subsection in a summary or aggregated form that does 6
not directly or indirectly identify individual manufacturers, distributors, or 7
retailers. 8
(b) Omission of trade secret information. The Secretary may require, as a 9
part of a report submitted under this chapter, that the manufacturer or waste 10
tire stewardship organization submit a report that does not contain trade secret 11
information and is available for public inspection and review. 12
(c) Total number of waste tires. The total number of waste tires collected 13
under an approved waste tire stewardship plan is not confidential business 14
information under the Uniform Trade Secrets Act, as codified under 9 V.S.A. 15
chapter 143, and is subject to inspection and review under the Public Records 16
Act, 1 V.S.A. chapter 5, subchapter 3. 17
§ 7619. ANTITRUST; CONDUCT AUTHORIZED 18
(a) Activity authorized. A manufacturer, a group of manufacturers, or a 19
waste tire stewardship organization implementing or participating in an 20
approved waste tire stewardship plan under this chapter for the collection, 21 BILL AS INTRODUCED H.204
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transport, processing, and end-of-life management of waste tires is individually 1
or jointly immune from liability for the conduct under State laws relating to 2
antitrust, restraint of trade, unfair trade practices, and other regulation of trade 3
or commerce under 9 V.S.A. chapter 63, subchapter 1, to the extent that the 4
conduct is reasonably necessary to plan, implement, and comply with the 5
manufacturer’s, group of manufacturers’, or waste tire stewardship 6
organization’s chosen system for managing waste tires. This subsection shall 7
also apply to conduct of a retailer or wholesaler participating in a waste tire 8
stewardship organization’s approved waste tire stewardship plan when the 9
conduct is necessary to plan and implement the manufacturer’s or waste tire 10
stewardship organization’s collection or recycling system for waste tires. 11
(b) Limitations on antitrust activity. Subsection (a) of this section shall not 12
apply to an agreement among manufacturers, groups of manufacturers, 13
retailers, wholesalers, or waste tire stewardship organizations affecting the 14
price of motor vehicle tires or any agreement restricting the geographic area in 15
which, or customers to whom, motor vehicle tires are sold. 16
§ 7620. FEES 17
(a) A manufacturer or waste tire stewardship organization shall pay 18
$15,000.00 annually for operation under a waste tire stewardship plan 19
approved by the Secretary under section 7610 of this title. 20 BILL AS INTRODUCED H.204
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(b) The Secretary shall deposit fees collected under subsection (a) of this 1
section in the Environmental Permit Fund established under 3 V.S.A. § 2805. 2
§ 7621. RULEMAKING; PROCEDURE 3
The Secretary may adopt rules or procedures to implement the requirements 4
of this chapter. 5
Sec. 2. 10 V.S.A. § 8003 is amended to read: 6
§ 8003. APPLICABILITY 7
(a) The Secretary may take action under this chapter to enforce the 8
following statutes and rules, permits, assurances, or orders implementing the 9
following statutes, and the Board may take such action with respect to 10
subdivision (10) of this subsection: 11
* * * 12
(31) 10 V.S.A. chapter 124, relating to the trade in covered animal parts 13
or products; and 14
(32) 10 V.S.A. chapter 164B, relating to collection and management of 15
covered household hazardous products; and 16
(33) 10 V.S.A. chapter 169, relating to the collection and recycling of 17
waste tires. 18
* * * 19 BILL AS INTRODUCED H.204
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Sec. 3. 10 V.S.A. § 8503 is amended to read: 1
§ 8503. APPLICABILITY 2
(a) This chapter shall govern all appeals of an act or decision of the 3
Secretary, excluding enforcement actions under chapters 201 and 211 of this 4
title and rulemaking, under the following authorities and under the rules 5
adopted under those authorities: 6
(1) The following provisions of this title: 7
* * * 8
(P) chapter 166 (collection and recycling of electronic waste); 9
(Q) chapter 164A (collection and disposal of mercury-containing 10
lamps); 11
* * * 12
(V) chapter 124 (trade in covered animal parts or products); and 13
(W) chapter 164B (collection and management of covered household 14
hazardous products); and 15
(X) chapter 169 (collection and recycling of waste motor vehicle 16
tires). 17
* * * 18 BILL AS INTRODUCED H.204
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Sec. 4. 24 V.S.A. § 2201 is amended to read: 1
§ 2201. THROWING, DEPOSITING, BURNING, AND DUMPING 2
REFUSE; PENALTY; SUMMONS AND COMPLAINT 3
(a)(1) Prohibition. 4
(1) Every person shall be responsible for proper disposal of his or her 5
the person’s own solid waste. A person shall not throw, dump, deposit, or 6
cause or permit to be thrown, dumped, or deposited any solid waste as defined 7
in 10 V.S.A. § 6602, refuse of whatever nature, or any noxious thing in or on 8
lands or waters of the State outside a solid waste management facility certified 9
by the Agency of Natural Resources. 10
(2) There shall be a rebuttable presumption that a person who is 11
identifiable from an examination of illegally disposed solid waste is the person 12
who violated a provision of this section. 13
(3) No person shall burn or cause to be burned in the open or incinerate 14
in any container, furnace, or other device any solid waste without: 15
(A) first having obtained all necessary permits from the Agency of 16
Natural Resources, the District Environmental Commission, and the 17
municipality where the burning is to take place; and 18
(B) complying with all relevant State and local regulations and 19
ordinances. 20 BILL AS INTRODUCED H.204
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(b) Prosecution of violations. A person who violates a provision of this 1
section commits a civil violation and shall be subject to a civil penalty of not 2
more than $800.00. 3
(1) This violation shall be enforceable in the Judicial Bureau pursuant to 4
the provisions of 4 V.S.A. chapter 29 in an action that may be brought by a 5
municipal attorney, a solid waste management district attorney, an 6
environmental enforcement officer employed by the Agency of Natural 7
Resources, a designee of the legislative body of the municipality, or any duly 8
authorized law enforcement officer. 9
(2) If the throwing, placing, or depositing was done from a snowmobile, 10
vessel, or motor vehicle, except a motor bus, there shall be a rebuttable 11
presumption that the throwing, placing, or depositing was done by the operator 12
of the snowmobile, vessel, or motor vehicle. 13
(3) Nothing in this section shall be construed as affecting the operation 14
of an automobile graveyard or salvage yard as defined in section 2241 of this 15
title, nor shall anything in this section be construed as prohibiting the 16
installation and use of appropriate receptacles for solid waste provided by the 17
State or towns. 18
(c) Roadside cleanup. A person found in violation of this section may be 19
assigned to spend up to 80 hours collecting trash or litter from a specified 20
segment of roadside or from a specified area of public property. 21 BILL AS INTRODUCED H.204
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(d) Waste tire disposal. A person shall not transfer possession of a waste 1
tire to an unlicensed solid waste hauler for disposal. Violation of this 2
subsection shall be a violation of subsection (a) of this section. 3
(e) Revocation of hunting, fishing, or trapping license. The Commissioner 4
of Fish and Wildlife shall revoke the privilege of a person found in violation of 5
this section from holding a hunting, fishing, or trapping license for a period of 6
one year from the date of the conviction, if the person fails to pay the penalty 7
set forth in subsection (b) of this section. The Bureau shall immediately notify 8
the Commissioner of Fish and Wildlife of the entry of judgment. 9
(f) [Repealed.] 10
(g) Amendment of complaint. A person authorized to enforce this section 11
may amend or dismiss a complaint issued by that person by marking the 12
complaint and returning it to the Judicial Bureau. At the hearing, a person 13
authorized to enforce this section may amend or dismiss a complaint issued by 14
that person, subject to the approval of the hearing judge. 15
(h) [Repealed.] 16
(i) Applicability. Enforcement actions taken under this section shall in no 17
way preclude the Agency of Natural Resources, the Attorney General, or an 18
appropriate State prosecutor from initiating other or further enforcement 19
actions under the civil, administrative, or criminal enforcement provisions of 20
10 V.S.A. chapter 23, 47, 159, 201, or 211. To the extent that enforcement 21 BILL AS INTRODUCED H.204
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under this section is by an environmental enforcement officer employed by the 1
Agency of Natural Resources, enforcement under this section shall preclude 2
other enforcement by the Agency for the same offence. 3
(j) Definitions. As used in this section: 4
(1) “Motor vehicle” shall have has the same meaning as in 23 V.S.A. 5
§ 4(21). 6
(2) “Snowmobile” shall have has the same meaning as in 23 V.S.A. 7
§ 3801. 8
(3) “Vessel” means motor boats, boats, kayaks, canoes, sailboats, and all 9
other types of watercraft. 10
(4) “Waste tire” means a motor vehicle tire that has been removed from 11
a motor vehicle and is no longer suitable for its original purpose because of 12
wear, tear, damage, defect, or other reason. 13
(5) “Waters” shall have has the same meaning as in 10 V.S.A. 14
§ 1251(13). 15
Sec. 5. EFFECTIVE DATE 16
This act shall take effect on passage. 17