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NO. 63. AN ACT RELATING TO LITTER ENFORCEMENT AND MUNICIPAL RECYCLING SERVICES.

(H.158)

It is hereby enacted by the General Assembly of the State of Vermont:

* * * Judicial Bureau * * *

Sec. 1. 4 V.S.A. § 1101 is amended to read:

§ 1101. DEFINITIONS

As used in this chapter:

(1) "Bureau" means the judicial bureau.

(2) "Complaint" means a fish and wildlife complaint as provided in 10 V.S.A. § 4573, a littering or illegal dumping complaint as provided in

24 V.S.A. § 2201, a traffic complaint as provided in 23 V.S.A. § 2303, and a municipal complaint as provided in 24 V.S.A. § 1977.

(3) "Violation" means a minor fish and wildlife violation as defined in 10 V.S.A. § 4572, a littering or illegal dumping violation as provided in

24 V.S.A. § 2201, a traffic violation as defined in 23 V.S.A. § 2302, and a civil ordinance violation as provided in 24 V.S.A. § 1974a.

Sec. 2. 4 V.S.A. § 1102(b)(6) is added to read:

(b) The bureau shall have jurisdiction of the following matters:

* * *

(6) violations of 24 V.S.A. § 2201, relating to littering and illegal dumping.

* * * Littering Prohibition * * *

Sec. 3. 24 V.S.A. § 2201 is amended to read:

§ 2201. THROWING, DEPOSITING, AND DUMPING REFUSE*[,]*;

PENALTY; SUMMONS AND COMPLAINT

(a) Prohibition. Every person shall be responsible for proper disposal of his or her own solid waste. A person shall not throw, dump, deposit *[or]*, cause, or permit to be thrown, dumped, or deposited, bottles, glass, crockery, cans, scrap metal, plastic, solid waste as defined in 10 V.S.A. § 6602, junk, paper, garbage, old automobiles, or parts thereof, refuse of whatever nature, or any noxious thing on lands of others or within 300 feet of the lands of others, public or private, or into the waters of this state, or on the shores or banks thereof or on or within view of a public highway. It shall be prima facie evidence that a person who is identifiable from an examination of the refuse, that is illegally dumped, is the person who violated a provision of this section.

(b) Prosecution of violations. A person who violates a provision of this section *[shall be fined]* commits a civil violation and shall be subject to a civil penalty of not more than $500.00 *[or imprisoned not more than ten days, or both]*. This violation shall be enforceable in the judicial bureau pursuant to the provisions of chapter 29 of Title 4 in an action that may be brought by a municipal attorney, solid waste management district attorney, grand juror, or designee of the legislative body of the municipality, or by any duly authorized law enforcement officer. If the throwing, placing, or depositing was done from a motor vehicle, except a motor bus, it shall be prima facie evidence that the throwing, placing, or depositing was done by the driver of such motor vehicle. Nothing in this section shall be construed as affecting the operation of an automobile graveyard or junkyard as defined in section 2241 of this title, nor shall anything in this section be construed as prohibiting the installation and use of appropriate receptacles for solid waste provided by the state or towns. Sanitary land fills, recycling centers, and incinerators maintained pursuant to section 2202 of this title; and solid waste from mining, quarrying, farming operations, or logging and sawmill operations are exempt from the restrictions set forth above concerning the distance of 300 feet and visibility from a public highway.

(c) Roadside cleanup. A person *[convicted of a]* found in violation of this section may be assigned to spend up to 80 hours collecting trash or litter from a specified segment of roadside or from a specified area of public property.

(d) The commissioner of motor vehicles shall suspend the motor vehicle operator's license or operating privilege of a person *[convicted under]* found in violation of this section for a period of ten days if the *[court finds that the person convicted was the operator of a motor vehicle at the time of the violation]* person fails to pay the penalty set forth in subsection (b) of this section. This provision shall not apply if the only evidence of violation is the presumption set forth in subsection (b) of this section. The *[court]* bureau shall immediately notify the commissioner of the department of motor vehicles of the *[conviction]* entry of judgment.

(e) The commissioner of fish and wildlife shall revoke the privilege of a person *[convicted under]* found in violation of this section from holding a hunting or fishing license, or both, for a period of one year from the date of the conviction, if the *[court finds that the person convicted was engaged in hunting or fishing at the time of the offense]* person fails to pay the penalty set forth in subsection (b) of this section. The *[court]* bureau shall immediately notify the commissioner of fish and wildlife of the *[conviction]* entry of judgment.

(f) Summons and complaint.

(1) Upon a determination that a person has violated this section, a person authorized to enforce this section shall file a complaint against the person with the judicial bureau.

(2) In all littering and illegal dumping cases, the summons and complaint shall be in a form prescribed by the supreme court and known as the "littering and illegal dumping complaint."

(3) The complaint shall be signed by the issuing person. The original shall be filed with the judicial bureau, a copy shall be retained by the issuing person, and two copies shall be given to the defendant.

(4) The complaint shall contain a description of the provision of this section allegedly violated, the allegations, the amount of the waiver penalty and the full penalty, and an explanation of rights and instructions on answering the allegations. The complaint shall also contain, in boldface print, the following:

(A) IF YOU ADMIT TO A VIOLATION OF THE LITTERING AND ILLEGAL DUMPING PROHIBITIONS OR IF YOU DO NOT CONTEST THE ALLEGATIONS, SIGN THE COMPLAINT ADMITTING THE VIOLATION OR STATING THAT THE ALLEGATIONS ARE NOT CONTESTED AND SEND IT TO THE JUDICIAL BUREAU WITHIN 20 DAYS WITH PAYMENT IN THE AMOUNT OF THE WAIVER PENALTY.

(B) IF YOU WANT TO DENY THE ALLEGATIONS IN THIS COMPLAINT, YOU MUST SEND A SIGNED DENIAL TO THE JUDICIAL BUREAU WITHIN 20 DAYS. IF YOU SEND IN A DENIAL, YOU WILL RECEIVE A DATE FOR YOUR TRIAL FROM THE JUDICIAL BUREAU. IF YOU LOSE THE CASE AFTER A TRIAL, YOU WILL BE ORDERED TO PAY A PENALTY IN AN AMOUNT NOT LESS THAN THE WAIVER PENALTY AND NOT MORE THAN THE FULL PENALTY.

(C) IF YOU DO NOT ANSWER THIS COMPLAINT WITHIN 20 DAYS, OR IF YOU DENY THE ALLEGATIONS IN THE COMPLAINT AND FAIL TO APPEAR FOR THE HEARING, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU IN THE AMOUNT OF THE FULL PENALTY. THE FAILURE TO PAY THE PENALTY ASSESSED WILL RESULT IN FURTHER LEGAL ACTION AGAINST YOU.

(D) IF YOU ADMIT OR DO NOT CONTEST OR DO NOT ANSWER, YOU WILL BE LIABLE TO THE STATE OF VERMONT FOR THE AMOUNT INDICATED IN THE COMPLAINT.

(g) Amendment of complaint. A person authorized to enforce this section may amend or dismiss a complaint issued by that person by marking the complaint and returning it to the judicial bureau. At the hearing, a person authorized to enforce this section may amend or dismiss a complaint issued by that person, subject to the approval of the hearing judge.

(h) Waiver penalty. The administrative judge shall appoint a panel of judicial bureau hearing officers to establish a waiver penalty for a violation of this section.

* * * Bottled Water * * *

Sec. 4. 10 V.S.A. § 1673(f) is amended to read:

(f) A person shall not sell imported or domestic containerized, bottled or packaged drinking water in the state of Vermont unless:

(1) the water and the source and system of the imported water is regulated by drinking water standards or requirements substantially equivalent to or more stringent than standards or requirements established by the secretary pursuant to subsection 1672(b) of this title and the importer of the water has presented certification of such standards;

(2) the water and the source and system of the domestic drinking water meet the standards or requirements established by the secretary pursuant to subsection 1672(b) of this title; and

(3) *[the water is labeled to show the amounts of arsenic, lead, sodium, and nitrates it contains, together with the amounts of any other chemicals, minerals or contaminants as required by the secretary. The label shall also indicate that further information about the water is available from the agency; and]*

*[(4)]* the name, source, and the location of the bottler of spring *[or]*, artesian, or municipal water are identified.

* * * Waste Mercury * * *

Sec. 5. 10 V.S.A. § 6621d(a) is amended to read:

(a) Labeling. *[A]* Effective March 1, 2000, a manufacturer or wholesaler may not sell at retail in this state, to a retailer in this state, or for use in this state, and a retailer may not knowingly sell, any of the following items at retail if they contain mercury added during manufacture, unless the item is labeled. The label must clearly inform the purchaser or consumer that mercury is present in the item and that the item may not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled, or otherwise managed to ensure that it does not become part of solid waste or wastewater. Primary responsibility for affixing labels required under this section shall be on the manufacturer, and not on the wholesaler or retailer. By October 1, 1999, each manufacturer required to label by this section shall certify to the agency of natural resources that it has developed a labeling plan for its mercury-added products that complies with this section and any administrative labeling rule adopted by the agency of natural resources and that this labeling shall be implemented for products manufactured after March 1, 2000. The labeling plan shall include detailed descriptions of the products involved and the label size, material, content, location, and attachment method for each product and for the product packaging, where necessary under the rules, so a label is clearly visible at time of purchase. The plan must be submitted to the agency with the certification. Items to be labeled are:

(1) A thermostat or thermometer.

(2) A switch, individually or as part of another product.

(3) A medical or scientific instrument.

(4) An electric relay or other electrical device.

(5) A lamp.

(6) A battery, sold to the public, other than a button battery.

* * * Recycling Centers * * *

Sec. 6. 24 V.S.A. § 2203b is amended to read:

§ 2203b. *[FLOW CONTROL]* RECYCLING CENTERS

(a) *[When]* Whether or not a municipality provides for the operation and maintenance of a recycling center or intermediate processing facility pursuant to section 2203a of this title, the municipality may *[exercise control over the solid wastes to be recycled, if such control does not adversely affect a private recycling center or intermediate processing facility that pre-existed the municipal operation]* establish requirements for the management of such a center or facility.

(b) *[When a municipality does not provide for the operation and maintenance of a recycling center or intermediate processing facility pursuant to section 2203a of this title, but a private recycling center or intermediate processing facility exists, the municipality shall not exercise control over solid waste beyond the extent that control adversely affects an existing private recycling center or intermediate processing facility. If a municipality had, prior to the effective date of this section, a contract for the delivery of solid waste, it may exercise control over such portion of solid waste as may be necessary to meet its contractual commitment.]*

(c) For the purposes of *[this section]* Titles 10, 24, and 32, recycling means the process of utilizing *[solid]* waste for the production of raw materials or products, but shall not include processing solid waste to produce energy or fuel products.

(d) The provisions of this section shall not apply to hazardous waste.

Approved: June 1, 1999