The Vermont Statutes Online

Title 24: Municipal and County Government

Chapter 61: REGULATORY PROVISIONS; POLICE POWER OF MUNICIPALITIES

 

Sub-Chapter 1: Definitions For Chapter

§ 2001. Definition

The term "legislative body" of a municipality, as used in this chapter, shall mean the mayor and board of aldermen of a city, the board of selectmen of a town, and the president and trustees of an incorporated village. The term "selectmen," as used in this chapter, shall include the mayor and board of aldermen of a city and the president and trustees of an incorporated village. The term "town" shall mean village or city.

 

Sub-Chapter 2: Jitneys And Taxis

§ 2031. Jitneys; regulations; powers

The legislative branch of a municipality shall have the power to make, establish, alter, amend or repeal regulations for the operation, parking, soliciting, delivery or fares in the jitney and taxi business in general within the municipality and to establish penalties for the breach thereof, not to exceed $100.00 for each violation thereof. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 80, eff. April 9, 1974.)

§ 2032. Referendum

The right of a legislative branch of a municipality to make such regulations shall not take effect until they have been approved and accepted by a majority of the voters of the municipality attending a duly warned regular or special meeting called for that purpose, nor shall such regulations take effect until they are published once a week on the same day for two consecutive weeks in a newspaper published in such municipality or, in the absence thereof, in a newspaper circulating within the county.

 

Sub-Chapter 3: Junkyards

§§ 2061-2066. Repealed. 1961, No. 261, § 17, eff. July 31, 1961.

§§ 2067-2081. Repealed. 1969, No. 98, § 2.

 

Sub-Chapter 4: Radio-television Interference

§ 2091. Complaint

Upon complaint to the legislative body that some person, firm or corporation, having authority to transact business in this state, is unreasonably and unnecessarily disturbing or interfering with the reception of radio or television waves used for radio or television transmission, the legislative body, after notice to such person, firm or corporation, may investigate or cause to be investigated such complaint under such rules and regulations as the legislative body may prescribe as to service of such notice and as to the date of hearing thereon.

§ 2092. Investigation, notice

If, upon such investigation, the source and cause of such alleged disturbance or interference is determined, after due notice as provided in section 2091 of this title, the legislative body shall give due notice in writing to the person, firm or corporation found by such legislative body to be responsible therefor to correct or eliminate the cause of such unnecessary or unreasonable disturbance or interference, within a reasonable time thereafter to be stated in such notice. Such notice may be sent to the person, firm or corporation affected, by registered mail addressed to the residence or place of business in this state.

§ 2093. Penalty

Within the time fixed in the notice, a person who refuses and neglects to correct or eliminate the cause of the unreasonable disturbance, provided the same is reasonably subject to correction at a cost not to exceed $50.00, and who, after such time, knowingly, wilfully or maliciously continues unreasonably or unnecessarily to disturb the reception of such radio or television waves, shall be fined not more than $50.00. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 81, eff. April 9, 1974.)

 

Sub-Chapter 5: Nuisances

§ 2121. Injunctions

The selectmen of a town in the name and behalf of such town or the town school district therein, as the case may be, and the trustees of an incorporated village, in the name and behalf of such village, may prefer complaint for relief by injunction for the abatement of public nuisances. The superior court shall have jurisdiction of such actions.

 

Sub-Chapter 6: Curfew

§ 2151. Child welfare

A municipality may make regulations respecting children under sixteen years of age who are allowed to loiter in the streets or other public places. Such regulations shall be conducive to their welfare and to the public good. Such municipality may fix a penalty of not more than $5.00 for each violation of such regulations to be recovered against the person having the custody of such child in a civil action on this statute.

 

Sub-Chapter 7: Sale Of Produce

§ 2181. License not required

Owners and renters of land shall have the right to vend or sell all products of such land at wholesale or retail, in person or by agent, in towns without obtaining licenses therefor from such towns.

 

Sub-Chapter 8: Rubbish And Garbage

§ 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 4 V.S.A. chapter 29 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 salvage yard 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. The Bureau shall immediately notify the Commissioner 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.

(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. chapter 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. (Amended 1961, No. 164, eff. June 14, 1961; 1965, No. 62, eff. May 19, 1965; 1967, No. 90, § 1, eff. July 1, 1969; 1969, No. 287 (Adj. Sess.), § 1, eff. Sept. 1, 1970; 1971, No. 245 (Adj. Sess.), §§ 1, 2, eff. April 6, 1972; 1989, No. 286 (Adj. Sess.), § 4; 1999, No. 63, § 3; 1999, No. 160 (Adj. Sess.), § 29; 2005, No. 23, § 1; 2009, No. 56, § 3.)

§ 2201a. Depositing household and commercial trash in roadside and park litter barrels

(a) A person shall not use trash containers which are provided for travel trash at state parks, public picnic and rest areas and roadside turnouts as dumping places for household garbage, household trash, farm waste or commercial waste materials or deposit such garbage, trash or waste material on or near any spot commonly used for picnic purposes.

(b) A person who violates a provision of this section shall be fined not more than $200.00 or may work a total of not more than 40 hours collecting trash or litter from roadsides or other public property under such supervision as the court may direct. (Added 1983, No. 210 (Adj. Sess.).)

§ 2202. Repealed. 1977, No. 106, § 4.

§ 2202a. Municipalities-Responsibilities for solid waste

(a) Municipalities are responsible for the management and regulation of the storage, collection, processing, and disposal of solid wastes within their jurisdiction in conformance with the State Solid Waste Management Plan authorized under 10 V.S.A. chapter 159. Municipalities may issue exclusive local franchises and may make, amend, or repeal rules necessary to manage the storage, collection, processing, and disposal of solid waste materials within their limits and impose penalties for violations thereof, provided that the rules are consistent with the State Plan and rules adopted by the Secretary of Natural Resources under 10 V.S.A. chapter 159. A fine may not exceed $1,000.00 for each violation. This section shall not be construed to permit the existence of a nuisance.

(b) Municipalities may satisfy the requirements of the State Solid Waste Management Plan and the rules of the Secretary of Natural Resources through agreement between any other unit of government or any operator having a permit from the Secretary, as the case may be.

(c)(1) No later than July 1, 1988 each municipality, as defined in subdivision 4303(12) of this title, shall join or participate in a solid waste management district organized pursuant to chapter 121 of this title no later than January 1, 1988 or participate in a regional planning commission's planning effort for purposes of solid waste implementation planning, as implementation planning is defined in 10 V.S.A. § 6602.

(2) No later than July 1, 1990 each regional planning commission shall work on a cooperative basis with municipalities within the region to prepare a solid waste implementation plan for adoption by all of the municipalities within the region which are not members of a solid waste district, that conforms to the State Waste Management Plan and describes in detail how the region will achieve the priorities established by 10 V.S.A. § 6604(a)(1). A solid waste implementation plan adopted by a municipality that is not a member of a district shall not in any way require the approval of a district. No later than July 1, 1990 each solid waste district shall adopt a solid waste implementation plan that conforms to the State Waste Management Plan, describes in detail how the district will achieve the priorities established by 10 V.S.A. § 6604(a), and is in conformance with any regional plan adopted pursuant to chapter 117 of this title. Municipalities or solid waste management districts that have contracts in existence as of January 1, 1987, which contracts are inconsistent with the State Solid Waste Plan and the priorities established in 10 V.S.A. § 6604(a), shall not be required to breach those contracts, provided they make good faith efforts to renegotiate those contracts in order to comply. The Secretary may extend the deadline for completion of a plan upon finding that despite good faith efforts to comply, a regional planning commission or solid waste management district has been unable to comply, due to the unavailability of planning assistance funds under 10 V.S.A. § 6603b(a) or delays in completion of a landfill evaluation under 10 V.S.A. § 6605a.

(3) A municipality that does not join or participate as provided in this subsection shall not be eligible for State funds to plan and construct solid waste facilities, nor can it use facilities certified for use by the region or by the solid waste management district.

(4) A regional plan or a solid waste implementation plan shall include a component for the management of nonregulated hazardous wastes.

(A) At the outset of the planning process for the management of nonregulated hazardous wastes and throughout the process, solid waste management districts or regional planning commissions, with respect to areas not served by solid waste management districts, shall solicit the participation of owners of solid waste management facilities that receive mixed solid wastes, local citizens, businesses, and organizations by holding informal working sessions that suit the needs of local people. At a minimum, an advisory committee composed of citizens and business persons shall be established to provide guidance on both the development and implementation of the nonregulated hazardous waste management plan component.

(B) The regional planning commission or solid waste management district shall hold at least two public hearings within the region or district after public notice on the proposed plan component or amendment.

(C) The plan component shall be based upon the following priorities, in descending order:

(i) The elimination or reduction, whenever feasible, in the use of hazardous, particularly toxic, substances.

(ii) Reduction in the generation of hazardous waste.

(iii) Proper management of household and exempt small quantity generator hazardous waste.

(iv) Reduction in the toxicity of the solid waste stream, to the maximum extent feasible in accordance with the priorities of 10 V.S.A. § 6604(a)(1).

(D) At a minimum, this plan component shall include the following:

(i) An analysis of preferred management strategies that identifies advantages and disadvantages of each option.

(ii) An ongoing educational program for schools and households, promoting the priorities of this subsection.

(iii) An educational and technical assistance program for exempt small quantity generators that provides information on the following: use and waste reduction; preferred management strategies for specific waste streams; and collection, management, and disposal options currently or potentially available.

(iv) A management program for household hazardous waste.

(v) A priority management program for unregulated hazardous waste streams that present the greatest risks.

(vi) A waste diversion program element, that is coordinated with any owners of solid waste management facilities and is designed to remove unregulated hazardous waste from the waste stream entering solid waste facilities and otherwise to properly manage unregulated hazardous waste.

(vii) A waste management system established for all the waste streams banned from landfills under 10 V.S.A. § 6621a.

(E) For the purposes of this subsection, nonregulated hazardous wastes include hazardous wastes generated by households and exempt small quantity generators as defined in the hazardous waste management regulations adopted under 10 V.S.A. chapter 159.

(d) By no later than July 1, 2015, a municipality shall implement a variable rate pricing system that charges for the collection of municipal solid waste from a residential customer for disposal based on the volume or weight of the waste collected.

(e) The education and outreach requirements of this section need not be met through direct mailings, but may be met through other methods such as television and radio advertising; use of the Internet, social media, or electronic mail; or the publication of informational pamphlets or materials. (Added 1977, No. 106, § 3; amended 1987, No. 76, § 18; 1987, No. 78, § 3; 1989, No. 281 (Adj. Sess.), § 6, eff. June 22, 1990; 1989, No. 282 (Adj. Sess.), § 5, eff. June 22, 1990; 1989, No. 286 (Adj. Sess.), § 12, eff. June 22, 1990; 1991, No. 100, § 12; 1993, No. 81, § 5; 2011, No. 148 (Adj. Sess.), § 11.)

§ 2203. Repealed. 1977, No. 106, § 4.

§ 2203a. Municipal disposal

Each town and city shall provide for the operation and maintenance of any of the following: sanitary landfills, incinerators, recycling centers, intermediate processing facilities, composting plants or resource recovery facilities or a combination thereof as the exclusive means for disposal of solid waste, as defined in 10 V.S.A. § 6602, subject to the rules and guidelines promulgated by the secretary of the agency of natural resources. (Added 1977, No. 106, § 3; amended 1985, No. 231 (Adj. Sess.), § 1; 1987, No. 76, § 18.)

§ 2203b. Recycling centers

(a) 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 establish requirements for the management of such a center or facility.

(b) [Deleted.]

(c) For the purposes of Titles 10, 24, and 32, recycling means the process of utilizing 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. (Added 1985, No. 231 (Adj. Sess.), § 2; 1999, No. 63, § 6.)

§ 2204. Repealed. 1979, No. 47, § 1(1), eff. April 25, 1979.

§ 2205. Repealed. 1979, No. 47, § 1(2), eff. April 25, 1979.

§ 2206. Recycling centers

(a) The secretary of natural resources shall develop a state plan for the establishment and operation of solid waste recycling centers sufficient to meet the need for solid waste recycling throughout the state. In developing a state plan the secretary may establish pilot or demonstration projects for the purpose of determining equitable regions or methods for solid waste recycling. Pursuant to such plan the secretary shall establish and operate or contract for the establishment and operation of a solid waste recycling center within each town, or within each administrative district created pursuant to section 4001 of Title 3, or within such other regions as he deems reasonable to efficiently utilize solid waste recycling facilities at locations determined by him with the approval of the legislative body of the town in which the facility is to be located. Each recycling center shall be used for the storage, processing and sale or disposal of solid waste. The secretary may purchase, lease or rent land or designate land owned by the state or any agency or department thereof for use as recycling centers.

(b) The secretary is authorized to contract in the name of the state for the service of independent contractors under bond or with an agency or department of the state or a town to operate the recycling centers or to collect solid waste and deliver it to a recycling center.

(c) The secretary shall promulgate rules pursuant to chapter 25 of Title 3 to implement the provisions of this section.

(d) [Omitted.]  (Added 1971, No. 252 (Adj. Sess.), § 2.)

 

Sub-Chapter 9: Trailer Parks

§§ 2231-2233. Repealed. 2007, No. 120 (Adj. Sess.), § 1(a).

 

Sub-Chapter 10: Salvage Yards

§ 2241. Definitions

For the purposes of this subchapter:

(1) "Abandoned" means a motor vehicle as defined in 23 V.S.A. § 2151.

(2) "Board" means the State Transportation Board, or its duly delegated representative.

(3) "Highway" means any highway as defined in 19 V.S.A. § 1.

(4) "Interstate or primary highway" means any highway, including access roads, ramps, and connecting links, which have been designated by the State with the approval of the Federal Highway Administration, Department of Transportation, as part of the National System of Interstate and Defense Highways, or as a part of the National System of Primary Highways.

(5) "Junk" means old or scrap copper, brass, iron, steel, and other old or scrap or nonferrous material, including rope, rags, batteries, glass, rubber debris, waste, trash, or any discarded, dismantled, wrecked, scrapped, or ruined motor vehicles or parts thereof.

(6) "Junk motor vehicle" means a discarded, dismantled, wrecked, scrapped, or ruined motor vehicle or parts thereof, or a motor vehicle, other than an on-premise utility vehicle, which is allowed to remain unregistered or uninspected for a period of 90 days from the date of discovery.

(7) "Salvage yard" means any place of outdoor storage or deposit for storing, keeping, processing, buying, or selling junk or as a scrap metal processing facility. "Salvage yard" also means any outdoor area used for operation of an automobile graveyard. It does not mean a garage where wrecked or disabled motor vehicles are stored for less than 90 days for inspection or repairs.

(8) "Legislative body" means the city council of a city, the board of selectmen of a town, or the board of trustees of a village.

(9) "Main traveled way" means the portion of a highway designed for the movement of motor vehicles, shoulders, auxiliary lanes, and roadside picnic, parking, rest, and observation areas and other areas immediately adjacent and contiguous to the traveled portion of the highway and designated by the transportation board as a roadside area for the use of highway users and generally but not necessarily located within the highway right-of-way.

(10) "Motor vehicle" means any vehicle propelled or drawn by power other than muscular power, including trailers.

(11) "Notice" means by certified mail with return receipt requested.

(12) "Scrap metal processing facility" means a manufacturing business which purchases sundry types of scrap metal from various sources including the following: industrial plants, fabricators, manufacturing companies, railroads, junkyards, auto wreckers, salvage dealers, building wreckers, and plant dismantlers and sells the scrap metal in wholesale shipments directly to foundries, ductile foundries, and steel foundries where the scrap metal is melted down and utilized in their manufacturing process.

(13) "Secretary" means the Secretary of Natural Resources or the Secretary's designee.

(14) "Automobile hobbyist" means a person who is not primarily engaged in the business of:

(A) selling motor vehicles or motor vehicle parts; or

(B) accepting, storing, or dismantling junk motor vehicles.

(15) "Automobile graveyard" means a yard, field, or other outdoor area on a property owned or controlled by a person and used or maintained for storing or depositing four or more junk motor vehicles. "Automobile graveyard" does not include:

(A) an area used by an automobile hobbyist to store, organize, restore, or display motor vehicles or parts of such vehicles, provided that the hobbyist's activities comply with all applicable federal, State, and municipal law;

(B) an area used for the storage of motor vehicles exempt from registration under 23 V.S.A. chapter 7;

(C) an area owned or used by a dealer registered under 23 V.S.A. § 453 for the storage of motor vehicles; or

(D) an area used or maintained for the parking or storage of operational commercial motor vehicles, as that term is defined in 23 V.S.A. § 4103(4), that are temporarily out of service and unregistered but are expected to be used in the future by the vehicle operator or owner. (Added 1969, No. 98, § 1; amended 1971, No. 36, § 1, eff. April 1, 1971; 1973, No. 164 (Adj. Sess.), § 2, eff. July 1, 1974; 1983, No. 185 (Adj. Sess.), § 1; 2003, No. 101 (Adj. Sess.), § 2; 2009, No. 56, § 4; 2009, No. 93 (Adj. Sess.), § 2.)

§ 2242. Requirement for operation or maintenance

(a) A person shall not operate, establish, or maintain a salvage yard unless he or she:

(1) Holds a certificate of approval for the location of the salvage yard; and

(2) Holds a certificate of registration issued by the Secretary to operate, establish, or maintain a salvage yard.

(b) The issuance of a certificate of registration under subsection (a) of this section shall not relieve a salvage yard from the obligation to comply with existing state and federal environmental laws and to obtain all permits required under State or federal environmental law.

(c) The Secretary may require a person to obtain a salvage yard certificate of registration under this section upon a determination, based on available information, that the person has taken action to circumvent the requirements of this subchapter. (Added 1969, No. 98, § 1; amended 1983, No. 185 (Adj. Sess.), § 2; 2009, No. 56, § 5; 2009, No. 93 (Adj. Sess.), § 3.)

§ 2243. Administration; duties and authority

The Agency of Transportation and the Secretary of Natural Resources are designated as responsible for carrying out the provisions of this subchapter and shall have the following additional responsibilities and powers:

(1) The Agency of Transportation or the Secretary of Natural Resources may make such reasonable rules and regulations as he or she deems necessary, provided such rules and regulations do not conflict with any federal laws, rules, and regulations, or the provisions of this subchapter.

(2) The Agency of Transportation shall enter into agreements with the United States Secretary of Transportation or his or her representatives in order to designate those areas of the State which are properly zoned or used for industrial activities, and to arrange for federal cost participation.

(3) The Secretary shall adopt and enforce requirements for adequate fencing and screening of salvage yards.

(4) The Agency of Transportation may seek an injunction against a salvage yard which is in violation of the relevant provisions of this subchapter. The Secretary may enforce the relevant provisions of this chapter under 10 V.S.A. chapter 201.

(5) The Agency of Transportation or the Secretary may issue necessary orders, findings, and directives, and do all other things reasonably necessary and proper to carry out the purpose of this subchapter. (Added 1969, No. 98, § 1; amended 1983, No. 185 (Adj. Sess.), § 3; 1993, No. 172 (Adj. Sess.), § 31; 2009, No. 56, § 6.)

§ 2244. Repealed. 1993, No. 172 (Adj. Sess.), § 67(5).

§ 2245. Incinerators, sanitary landfills, etc., excepted

The provisions of this subchapter shall not be construed to apply to solid waste management facilities regulated under 10 V.S.A. chapter 159. (Added 1969, No. 98, § 1; amended 1971, No. 36, § 2, eff. April 1, 1971; 2009, No. 56, § 7.)

§ 2246. Effect of local ordinances

This subchapter shall not be construed to be in derogation of zoning ordinances or ordinances for the control of salvage yards now or hereafter established within the proper exercise of the police power granted to municipalities, if those ordinances impose stricter limitations upon salvage yards. If the limitations imposed by this subchapter are stricter, this subchapter shall control. (Added 1969, No. 98, § 1; amended 2009, No. 56, § 8.)

§ 2247. Salvage yard certificate of registration

The provisions of this subchapter shall not be construed to repeal or abrogate any other provisions of law authorizing or requiring a certificate of registration to own, establish, operate, or maintain a salvage yard, but no certificate of registration shall be issued in contravention of this subchapter, or continue in force after the date on which the salvage yard for which it is issued becomes illegal under this subchapter regardless of the term for which the certificate of registration is initially issued if the salvage yard is not satisfactorily screened. (Added 1969, No. 98, § 1; amended 2009, No. 56, § 9.)

§ 2248. Salvage yard operational standards

(a) Beginning July 1, 2010, a salvage yard shall meet the following operational standards:

(1) The salvage yard shall comply with the screening and fencing requirements of section 2257 of this title.

(2) Motor vehicles shall be drained of all fluids prior to crushing and within 365 days of receipt by the salvage yard, except that a vehicle with visible signs of leaking fluids shall be drained immediately. Fluids shall be drained, collected, and stored according to standards established by the Secretary in order to prevent release to the environment. The fluids that shall be drained, collected, and stored under this subdivision include antifreeze, oil, brake fluid, fuel, refrigerants, and transmission fluid.

(3) Vehicles shall be drained and crushed:

(A) on or over a surface that is designed to retain seepage or draining fluids and that is designed to prevent releases to groundwater, discharges to surface waters, or other releases to the environment; or

(B) by a crusher with an onboard fluid-recovery and storage system that prevents releases to groundwater, discharges to surface waters, or other releases to the environment.

(4) A salvage yard issued a certificate of registration under section 2242 of this title after July 1, 2010, shall not be sited or operated within 100 feet of a Class I or Class II wetland as those terms are defined in 10 V.S.A. § 902. This subdivision shall not apply to the renewal of a valid certificate of registration under this subchapter.

(5)(A) A salvage yard issued a certificate of registration under section 2242 of this title after July 1, 2010, shall not be sited or operated within 300 feet of a potable water supply, as that term is defined in 10 V.S.A. § 1972, unless:

(i) the water supply provides water to the salvage yard; or

(ii) the Agency of Natural Resources approves management practices or remedial measures to prevent contamination of the potable water supply.

(B) This subdivision shall not apply to the renewal of a valid certificate of registration under this subchapter.

(b) On or before March 31, 2011, the Secretary shall adopt by rule requirements for the siting, operation, and closure of salvage yards. The rules shall establish requirements for:

(1) the siting of salvage yards, including setbacks from surface waters, wetlands, and potable water supplies. Siting requirements under this subdivision may include site-specific conditions for salvage yards operating under a valid certificate of registration under section 2242 of this title, provided that such site-specific conditions are designed to prevent releases to groundwater, discharges to surface waters, or other risks to public health and the environment. A site-specific condition under this subdivision may include the requirement that the owner or operator of a salvage yard obtain an individual certificate of registration under section 2242 of this title instead of operating under a general permit adopted by the Secretary under subsection (c) of this section;

(2) exemptions from the requirement to obtain a certificate of registration under section 2242 of this title;

(3) when an instrument of financial responsibility may be required by the Secretary in amounts necessary to:

(A) remediate potential or existing environmental contamination caused by the salvage yard; or

(B) assure proper management of salvage materials upon closure of the salvage yard;

(4) removal of solid waste or tires from the salvage yard for proper disposal;

(5) establishment and maintenance of screening or fencing of salvage yards from public view;

(6) assuring proper closure of a salvage yard facility;

(7) postclosure environmental monitoring of a salvage yard;

(8) classes or categories of salvage yards, including those handling total loss vehicles from insurance; and

(9) additional measures that the Secretary determines necessary for the protection of public health, safety, and the environment.

(c)(1) The Secretary may issue a general permit for a certificate of registration issued to salvage yards under section 2242 of this title. The general permit may include a provision allowing a holder of a valid certificate of registration issued under this subchapter to self-certify compliance with the applicable standards of this subchapter and rules adopted under this subchapter. A general permit issued under this section shall be adopted by rule and may be incorporated into the rule required under subsection (b) of this section.

(2) If the Secretary adopts a general permit for the regulation of salvage yards under subdivision (1) of this subsection, the Secretary may require an owner or operator of a salvage yard that is operating under the general permit or that is applying for coverage under the general permit to obtain an individual certificate of registration under section 2242 of this title if any one of the following applies:

(A) the salvage yard does not qualify for the general permit;

(B) a salvage yard operating under the general permit is in violation of the terms and conditions of the general permit;

(C) the size, scope, or nature of the activity of the salvage yard exceeds the parameters of the general permit;

(D) the owner or operator of the salvage yard has a history of noncompliance; or

(E) the salvage yard presents a potential risk to public health or the environment.

(d) No person may deliver salvage vehicles to or operate a mobile salvage vehicle crusher at a salvage yard that does not hold a certificate of registration under this subchapter. A salvage yard holding a certificate of registration under this subchapter shall post a copy of its current certificate in a clearly visible location in the proximity of each entrance to the salvage yard.

(e) The requirement under subdivision (a)(2) of this section or rules adopted under this section to drain a vehicle within 365 days of receipt shall not apply to a salvage yard holding a certificate of registration under this subchapter that, as of January 1, 2010, is conducting business, the primary activity of which is the handling of total loss vehicles from insurance companies. (Added 2009, No. 93 (Adj. Sess.), § 1; amended 2011, No. 36, § 5, eff. May 19, 2011.)

§ 2249. Salvage yard operator training

At least annually, the owner or operator of a salvage yard shall attend a training workshop conducted by or approved by the Agency of Natural Resources regarding the requirements of this subchapter, best management practices, existing and proposed environmental standards, and other applicable federal, State, or municipal requirements. (Added 2009, No. 93 (Adj. Sess.), § 1.)

§ 2251. Application for certificate of approved location

Application for a certificate of approved location shall be made in writing to the legislative body of the municipality where the salvage yard is located or where it is proposed to be located, and, in municipalities having a zoning bylaw, subdivision regulations established under sections 4301-4498 of this title, or a municipal ordinance or rule established under sections 1971-1984 of this title, the application shall be accompanied by a certificate from the legislative body or a public body designated by the legislative body. The legislative body or its designee shall find the proposed salvage yard location is not within an established district restricted against such uses or otherwise contrary to the requirements or prohibitions of such zoning bylaw or other municipal ordinance. The application shall contain a description of the land to be included within the salvage yard, which description shall be by reference to so-called permanent boundary markers. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 3; 2009, No. 56, § 10.)

§ 2252. Time of hearing

A hearing on the application shall be held within the municipality not less than two or more than four weeks from the date of the receipt of the application by the legislative body. Notice of the hearing shall be given to the applicant by mail, postage prepaid, to the address given in the application and shall be published once in a newspaper having a circulation within the municipality, which publication shall be not less than seven days before the date of the hearing. (Added 1969, No. 98, § 1.)

§ 2253. Location requirements

(a) At the time and place set for hearing, the legislative body shall hear the applicant, the owners of land abutting the facility, and all other persons wishing to be heard on the application for certificate of approval for the location of the salvage yard. The legislative body shall consider the following in determining whether to grant or deny the certificate:

(1) proof of legal ownership or the right to such use of the property by the applicant;

(2) the nature and development of surrounding property, such as the proximity of highways and State and town roads and the feasibility of screening the proposed salvage yard from such highways and State and town roads; the proximity of places of worship; schools; hospitals; existing, planned, or zoned residential areas; public buildings; or other places of public gathering; and

(3) whether or not the proposed location can be reasonably protected from affecting the public health, safety, environment, or from a nuisance condition.

(b)(1) A person shall not establish, operate, or maintain a salvage yard which is within 1,000 feet of the nearest edge of the right-of-way of the interstate or primary highway systems and visible from the main traveled way thereof at any season of the year.

(2) On or after July 1, 2009, no person shall establish or initiate operation of a new salvage yard within 100 feet of the nearest edge of the right-of-way of a State or town road or within 100 feet of a navigable water, as that term is defined in 10 V.S.A. § 1422.

(c) Notwithstanding subsection (b) of this section, salvage yards and scrap metal processing facilities may be operated within 1,000 feet of the nearest edge of the right-of-way of the interstate and primary highway system or within 100 feet of the nearest edge of the right-of-way of a State or town road, provided that the area in which the salvage yard is located is zoned industrial under authority of State law, or if not zoned industrial under authority of State law, is used for industrial activities as determined by the Board with the approval of the United States Secretary of Transportation. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 4; 2009, No. 56, § 11.)

§ 2254. Aesthetic, environmental, and community welfare considerations

At the hearing regarding location of the salvage yard, the legislative body may also take into account the clean, wholesome, and attractive environment which has been declared to be of vital importance to the continued stability and development of the tourist and recreational industry of the state and the general welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this regard the legislative body may consider collectively the type of road servicing the salvage yard or from which the salvage yard may be seen, the natural or artificial barriers protecting the salvage yard from view, the proximity of the proposed salvage yard to established tourist and recreational areas or main access routes, thereto, proximity to neighboring residences, groundwater resources, surface waters, wetlands, drinking water supplies, consistency with an adopted town plan, as well as the reasonable availability of other suitable sites for the salvage yard. (Added 1969, No. 98, § 1; amended 2009, No. 56, § 12.)

§ 2255. Grant or denial of application; appeal

(a) After the hearing the legislative body shall, within 30 days, make a finding as to whether or not the application should be granted, giving notice of their finding to the applicant by mail, postage prepaid, to the address given on the application.

(b) If approved, the certificate of approved location shall be issued for a period not to exceed five years and shall contain at a minimum the following conditions:

(1) Conditions requiring compliance with the screening and fencing requirements of section 2257 of this title;

(2) Approval shall be personal to the applicant and not assignable;

(3) Conditions that the legislative body deems appropriate to ensure that considerations of section 2254 of this title have been met;

(4) Any other condition that the legislative body deems appropriate to ensure the protection of public health, the environment, or safety or to ensure protection from nuisance conditions; and

(5) A condition requiring a salvage yard established or initiated prior to July 1, 2009 to be setback 100-feet from the nearest edge of a right-of-way of a State or town road or from a navigable water as that term is defined in 10 V.S.A. § 1422, provided that if a salvage yard cannot demonstrate during the application process that it meets the 100-feet setback requirement of this subdivision, a municipality may regulate the salvage yard as a nonconforming use, nonconforming structure, or nonconforming lot under a municipal nonconformity bylaw adopted under section 4412 of this title, provided that no enlargement or further encroachment within a setback required under this subdivision shall be allowed.

(c) Certificates of approval shall be renewed thereafter for successive periods of not more than five years upon payment of the renewal fee without hearing, provided all provisions of this subchapter are complied with during the preceding period, and the salvage yard does not become a public nuisance under the common law.

(d) Any person may appeal the issuance or denial of a certificate of approved location to the Environmental Division within 30 days of the decision. No costs shall be taxed against either party upon such appeal. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 5; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 56, § 13; 2009, No. 154 (Adj. Sess.), § 236.)

§ 2256. Certificate fees

The initial or renewal application fee is $25.00 to be paid at the time application is made. If the application is not granted, the fee shall be returned to the applicant. A municipality, in addition to the application fee, may assess the applicant with the costs of advertising such application and such other reasonable costs incident to the hearing as are clearly attributable thereto and may make the certificate of approval conditional upon payment of same. (Added 1969, No. 98, § 1.)

§ 2257. Screening requirements; fencing

(a) A salvage yard shall be screened by a fence or vegetation which effectively screens it from public view and which complies with the rules of the Secretary relative to the screening and fencing of salvage yards, and shall have a gate which shall be closed after business hours.

(b) Fences and artificial means used for screening purposes as hereafter provided shall be maintained neatly and in good repair. They shall not be used for advertising signs or other displays which are visible from the main traveled way of a highway or State or town road.

(c) All junk stored or deposited in a salvage yard shall be kept within the enclosure, except while being transported to or from the salvage yard. All wrecking or other work on the junk shall be accomplished within the enclosure.

(d) Where the topography, natural growth of timber, or other natural barrier screens the salvage yard from view in part, the legislative body shall upon granting the certificate of approved location require the applicant to screen only those parts of the salvage yard not screened. A legislative body may inspect a salvage yard in order to determine compliance with the requirements of this chapter and a certificate of approved location issued under this chapter. A municipality may request that the Secretary initiate an enforcement action against a salvage yard for violation of the requirements of this subchapter or statute or regulation within the authority of the Secretary. (Added 1969, No. 98, § 1; amended 1983, No. 185 (Adj. Sess.), § 4; 1993, No. 172 (Adj. Sess.), § 32; 2009, No. 56, § 14.)

§ 2261. Application

Application for a certificate of registration for a salvage yard shall be made in writing to the Secretary upon a form prescribed by the Secretary. (Added 1969, No. 98, § 1; amended 1993, No. 172 (Adj. Sess.), § 33; 2009, No. 56, § 15.)

§ 2262. Eligibility

The Secretary shall issue a certificate of registration upon finding:

(1) The applicant is able to comply with the provisions of this subchapter.

(2) The applicant has filed a currently valid certificate of approval of location with the Secretary.

(3) The applicant has complied with any regulations of the Secretary issued under section 2243 of this title and with screening or fencing requirements which, under limitations of the surrounding terrain, are capable of feasibly and effectively screening the salvage yard from view of the main traveled way of all highways. (Added 1969, No. 98, § 1; amended 1973, No. 164 (Adj. Sess.), § 6; 1973, No. 185 (Adj. Sess.), § 5; 1993, No. 172 (Adj. Sess.), § 34; 2009, No. 56, § 16.)

§ 2263. Repealed. 2009, No. 134 (Adj. Sess.), § 32(c).

§ 2264. Repealed. 2009, No. 56, § 17.