§ 2873 - Department of environmental conservation - Vermont Statutes

§ 2873. Department of environmental conservation

(a) The department of environmental conservation is created within the agency of natural resources. The department is the successor to and continuation of the department of water resources and environmental engineering, and shall administer the water resources programs contained in Title 10; air pollution control and abatement as provided in chapter 23 of Title 10; waste disposal as provided in chapter 159 of Title 10; and subdivision and trailer and tent sites as provided in subsection (c) of this section.

(b) The department shall perform design and construction supervision services for major maintenance and capital construction projects for the agency and all of its components.

(c) [Repealed.]

(d) Nothing in this section shall prevent the commissioner of labor from exercising his or her authority to regulate public buildings.

(e) There is created within the department of environmental conservation a division of pollution prevention, which shall carry out nonregulatory functions of the department under 10 V.S.A. chapter 159, subchapter 2, in providing technical assistance and coordinating state efforts to bring about a decrease, within the state, in the use of toxics and the generation of hazardous wastes. The office shall:

(1) Review toxics use reduction and hazardous waste reduction plans submitted by generators of hazardous wastes and by large users of toxic materials, as defined in 10 V.S.A. chapter 159, subchapter 2.

(2) Provide technical assistance to industry in its plan development, plan revisions, and plan improvement under 10 V.S.A. chapter 159, subchapter 2.

(3) Provide, direct, and manage on-site technical assistance under that chapter.

(4) Provide staff support to the toxics technical advisory board, and implement authorized and recommended programs.

(5) Sponsor, in conjunction with the toxics technical advisory board, industry-specific conferences, workshops and seminars on toxics use reduction and hazardous waste reduction, in order to enhance information exchange and technology transfer.

(6) Develop and maintain a technical library and information clearinghouse, and promote information dissemination to businesses that generate hazardous wastes or use toxic substances.

(7) Develop and distribute a newsletter and other information materials for business and industry, to assist in planning for toxics use reduction and reduction in the generation of hazardous waste.

(8) Maintain data and information systems on toxics use and hazardous waste reduction as specified in 10 V.S.A. chapter 159, subchapter 2, and use these systems to develop methods to measure the success of programs to reduce toxics use and the generation of hazardous waste.

(9) Coordinate ongoing technical assistance on these matters, within the agency and throughout state government.

(10) Work with other state agencies to evaluate, develop and promote pollution prevention strategies.

(11) Work with other state agencies to improve data and reporting systems with respect to toxics releases.

(12) Work with other state agencies to develop pilot programs that encourage toxics use reduction, multimedia source reduction, and reductions in the generation of hazardous waste.

(13) Review and comment on environmental regulatory programs and proposed rules, to assure that these programs provide incentives, rather than disincentives, to pollution prevention.

(f) There is created a toxics technical advisory board, that is attached to the division of pollution prevention.

(1) The board shall consist of at least five members appointed by the governor, representing the various geographic areas of the state and with expertise in professional disciplines such as occupational health and safety, industrial hygiene, engineering, chemistry, manufacturing, business, ecology and environmental protection. Members shall be selected from business and industry groups that are to be served by technical assistance.

(2) The board shall advise the office of pollution prevention on the creation and administration of a technical assistance program designed to provide guidance, advice, and technical assistance to generators of hazardous waste and users of toxics.

(3) The board shall serve as liaison with industry, business, trade associations and educational institutions, and shall assemble volunteer teams to perform on-site technical assistance and other forms of assistance to complement programs of the office of pollution prevention.

(4) The board shall establish and administer an award program for excellence in toxics use reduction and the reduction in the generation of hazardous waste.

(g) There is created within the department of environmental conservation a small business technical and environmental compliance assistance program. This program shall include each element specified in section 507(a) of the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and shall also be authorized to assist small businesses in similar fashion with regard to their obligations under all other environmental legislation administered by the department.

(h)(1) There is created a compliance advisory panel, that is attached to the department of environmental conservation. This panel shall:

(A) Advise the department on the effectiveness of the small business technical and environmental compliance assistance program.

(B) Review the information to be issued by the program for small businesses to assure that the information is understandable by the layperson.

(2) The panel shall consist of:

(A) Two members appointed by the governor, who are not owners, or representatives of owners, of small businesses, to represent the general public.

(B) Four members who are owners, or who represent owners, of small businesses as follows:

(i) Two members appointed by the senate committee on committees;

(ii) Two members appointed by the speaker of the house.

(C) One member appointed by the commissioner of environmental conservation. (1969, No. 246 (Adj. Sess.), § 11, eff. June 1, 1970; amended 1979, No. 159 (Adj. Sess.), § 8; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; No. 193 (Adj. Sess.), § 2, eff. April 27, 1984; 1987, No. 76, §§ 15, 16; 1987, No. 268 (Adj. Sess.), § 2, eff. June 21, 1988; 1991, No. 100, § 10; 1993, No. 92, § 9; 2001, No. 94 (Adj. Sess.), § 1, eff. May 2, 2002; No. 133 (Adj. Sess.), § 14, eff. June 13, 2002; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)