§ 6625. Toxics use reduction and hazardous waste reduction program

(a) The Secretary shall establish a program for toxics use reduction and hazardous waste reduction pursuant to this subchapter.

(b) The Secretary shall coordinate the activities of all State agencies with responsibilities and duties relating to toxics use and hazardous waste and shall promote coordinated efforts to encourage toxics use reduction and hazardous waste reduction, with emphasis on the merits of use reduction as a means of reducing the amount of hazardous waste generated or hazardous material released into the environment. Coordination between the program and other relevant State agencies and programs shall, to the fullest extent possible, include joint planning processes and joint research and studies.

(c) The planning and reporting requirements of this subchapter shall apply only to generators who routinely generate, through ongoing process and operation, more than 1,200 kg (2,640 lbs) of hazardous waste per year or more than 12 kg (26.4 lbs) of acutely hazardous waste per year, and to large users.

(d) The Secretary shall adopt rules to carry out this subchapter. The rules shall include a provision for exempting from the requirements of this subchapter generators for whom the Secretary determines no source reduction opportunities exist. The Secretary may, by rule, add or remove any toxic substance or hazardous waste from the provisions of this subchapter. In order to add or remove any toxic substance or hazardous waste from the provisions of this subchapter, the Secretary shall make findings with respect to toxicity, potential impact on public health and the environment, and the potential for use reduction or waste reduction of the toxic substance or hazardous waste.

(e) The Secretary shall adopt, by rule, a list of SIC codes that identifies those facilities that are subject to this subchapter as a large user. The list initially must include SIC codes 20 through 39. In adding additional SIC codes, the Secretary shall make findings with respect to chemical use within the SIC category, and shall find:

(1) that the potential impact on public health and the environment is significant; and

(2) that the potential for use reduction and waste reduction within the category is significant.

(f) This subchapter shall not apply to farmers, dealers, or applicators regulated under 6 V.S.A. chapters 81 and 87, or any other persons to the extent they are regulated under any other chapters of Title 6. (Added 1989, No. 282 (Adj. Sess.) § 17, eff. June 22, 1990; amended 1991, No. 100, § 3.)