§ 6608. Records; reports; monitoring

(a) For purposes of implementation of this chapter, the Secretary shall adopt, and revise as appropriate, rules which prescribe:

(1) the establishment and maintenance of such records;

(2) the making of such reports;

(3) the taking of such samples, and the performing of such tests or analyses;

(4) the installing, calibrating, using, and maintaining of such monitoring equipment or methods; and

(5) the providing of such other information as may be necessary.

(b) Six months after adoption of the rules relating to hazardous waste it shall be unlawful for any person to generate, store, transport, treat, or dispose of hazardous wastes in this State without reporting such activity to the Secretary according to the procedures described in said rules.

(c) Information obtained by the Secretary under this section shall be available to the public, unless the Secretary certifies such information as being proprietary. The Secretary may make such certification where any person shows, to the satisfaction of the Secretary, that the information, or parts thereof, would divulge methods or processes entitled to protection as trade secrets. Nothing in this section shall be construed as limiting the disclosure of information by the Secretary to office employees as authorized representatives of the State concerned with implementing the provisions of this chapter or to the Department of Taxes for purposes of enforcing the solid waste tax imposed by 32 V.S.A. chapter 151, subchapter 13.

(d) Where the Secretary has determined that the disposal of a hazardous waste at an uncontrolled hazardous waste site presents a hazard to health or the environment, the Secretary shall provide notice to a town of the location of that uncontrolled site which has been found to exist in the town and to be regulated under this chapter. The notice shall identify the location of the site, the wastes involved, the actions proposed to be taken by the Secretary under this chapter and the location where the records on the site are being maintained by State government. The Secretary shall also notify the town when conditions noticed under this subsection are no longer a hazard. These notices shall be recorded in accord with 24 V.S.A. § 1154.

(e) When necessary to carry out the purposes of this chapter, the Secretary may require the owner or operator of a solid waste facility to provide the Secretary with information concerning the revenues and costs of its operation and management, and the revenues and costs necessary for its future compliance with State and federal laws pertaining to those facilities. Disclosure of information generated pursuant to this subsection is prohibited, except to a licensed attorney representing the Secretary, or to the Secretary's designee, if that designee is directly responsible for solid waste planning at any level and has furnished the Secretary a written assurance of compliance with the prohibition contained in this subsection.

(f) All generators of regulated hazardous waste shall register with the Secretary, renew the registration annually, and pay the fee specified in 3 V.S.A. § 2822. (Added 1977, No. 106, § 1; amended 1983, No. 148 (Adj. Sess.), § 12; 1987, No. 246 (Adj. Sess.), § 1, eff. June 13, 1988; 2001, No. 65, § 31; 2013, No. 34, § 7; 2015, No. 57, § 37, eff. June 11, 2015; 2015, No. 97 (Adj. Sess.), § 34; 2017, No. 74, § 18.)