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BILL AS INTRODUCED 2007-2008

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H.631

Introduced by   Representatives McAllister of Highgate, Ainsworth of Royalton, Baker of West Rutland, Brennan of Colchester, Howrigan of Fairfield, Keogh of Burlington, Larocque of Barnet, Larrabee of Danville, LaVoie of Swanton and Winters of Williamstown

Referred to Committee on

Date:

Subject:  Municipal government; police power of municipalities; burning refuse

Statement of purpose:  This bill proposes that a person who incinerates refuse in a container, furnace, or other device without a permit would not be subject to the penalty of a suspended driver’s license or loss of a hunting or fishing license.

AN ACT RELATING TO PENALTIES FOR THE INCINERATION OF REFUSE

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


Sec. 1.  24 V.S.A. § 2201 is amended to read:

§ 2201.  THROWING, DEPOSITING, BURNING, AND DUMPING

               REFUSE; PENALTY; SUMMONS AND COMPLAINT

(a)(1)  Prohibition.  Every person shall be responsible for proper disposal of his or her own solid waste.  A person shall not throw, dump, deposit, cause, or permit to be thrown, dumped, or deposited any solid waste as defined in 10 V.S.A. § 6602, refuse of whatever nature, or any noxious thing outside a solid waste management facility certified by the agency of natural resources.  It shall be prima facie evidence that a person who is identifiable from an examination of illegally disposed solid waste is the person who violated a provision of this section.

(2)  No person shall burn or cause to be burned in the open or incinerate in any container, furnace, or other device any solid waste without:

(A)  first having obtained all necessary permits from the agency of natural resources, the district environmental commission, and the municipality where the burning is to take place; and

(B)  complying with all relevant state and local regulations and ordinances.

(b)  Prosecution of violations.  A person who violates a provision of this section commits a civil violation and shall be subject to a civil penalty of not more than $500.00.  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, environmental enforcement officer employed by the agency of natural resources, 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.

(c)  Roadside cleanup.  A person 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 found in violation of this section for a period of ten days if the 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.  This provision shall not apply to a person found in violation of subdivision (a)(2) of this section for the incineration of refuse in a container, furnace, or other device.  The bureau shall immediately notify the commissioner of the department of motor vehicles of the entry of judgment.

(e)  The commissioner of fish and wildlife shall revoke the privilege of a person 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 person fails to pay the penalty set forth in subsection (b) of this section.  The bureau shall immediately notify the commissioner of fish and wildlife of the entry of judgment.  This provision shall not apply to a person found in violation of subdivision (a)(2) of this section for the incineration of refuse in a container, furnace, or other device.

(f)  [Deleted.]

(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)  [Deleted.]

(i)  Enforcement actions taken under this section shall in no way preclude the agency of natural resources, the attorney general, or an appropriate state prosecutor from initiating other or further enforcement actions under the civil, administrative, or criminal enforcement provisions of 10 V.S.A. chapters 23, 47, 159, 201, or 211.  To the extent that enforcement under this section is by an environmental enforcement officer employed by the agency of natural resources, enforcement under this section shall preclude other enforcement by the agency for the same offence.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us