solid waste implementation plan for the bennington county

Solid Waste Implementation Plan For the Bennington County Solid Waste Alliance

Member Towns:

Arlington, Bennington, Dorset, Glastenbury, Manchester, Pownal, Rupert, Sandgate, Searsburg, Shaftsbury, Stamford,

Sunderland, and Woodford

Adopted November 12, 2020 Amended August 4, 2021

SWIP Year 1: Jan. 1 – Dec. 31, 2021 SWIP Year 2: Jan. 1 – Dec. 31, 2022 SWIP Year 3: Jan. 1 – Dec. 31, 2023 SWIP Year 4: Jan. 1 – Dec. 31, 2024 SWIP Year 5: Jan. 1 – Dec. 31, 2025

Contents Acknowledgements ....................................................................................................................................... 4

I. Introduction and Purpose ..................................................................................................................... 4

A. Universal Recycling Law .................................................................................................................... 4 B. Bennington County Solid Waste Alliance .......................................................................................... 6 C. Mission and Goals ............................................................................................................................. 6 D. Planning Process ............................................................................................................................... 6

II. Area Description ................................................................................................................................... 8

A. Demographic and Economic Setting ................................................................................................. 8 B. Existing Facilities and Services ........................................................................................................ 14

III. Implementation Plan ...................................................................................................................... 20

A. Performance Standards and Actions .............................................................................................. 20 General Information ............................................................................................................................... 20 Program Administration .......................................................................................................................... 21 General .................................................................................................................................................... 23 Outreach – Recycling, Organics, HHW/CEG, EPR Programs .................................................................... 26 HHW & CEG Hazardous Waste ................................................................................................................ 29 Food Donation ........................................................................................................................................ 30 Textiles .................................................................................................................................................... 31 Construction & Demolition (C&D) ........................................................................................................... 31 Residuals – Biosolids, Wood Ash, Short Paper Fiber............................................................................... 33 Additional SWIP Requirements Outlined in Overview ............................................................................ 33 B. Resource Needs .............................................................................................................................. 34 C. Organizational Structure and Governance ..................................................................................... 36 D. Facility Siting Criteria ...................................................................................................................... 37 E. Ordinances ...................................................................................................................................... 39

IV. References ...................................................................................................................................... 39

A. Literature and Reports .................................................................................................................... 39 B. Personal Communication Sources .................................................................................................. 40 C. Sources of Information for Maps .................................................................................................... 40

Appendix I. Interlocal contract establishing the Bennington County Solid Waste Alliance ....................... 41

Appendix II. Facilities within BCSWA Towns ............................................................................................... 48

Appendix II. C. Wastewater Treatment Facilities ........................................................................................ 49

Arlington School (VT0022934) .................................................................................................................... 49

Arlington ..................................................................................................................................................... 49

Battenkill Valley Supervisory Union ............................................................................................................ 49

Bennington (VT0100021) ............................................................................................................................ 49

Bennington .................................................................................................................................................. 49

Town of Bennington .................................................................................................................................... 49

Manchester (VT0100170) ........................................................................................................................... 49

Manchester ................................................................................................................................................. 49

Town of Manchester ................................................................................................................................... 49

Pownal (VT0101281) .................................................................................................................................. 49

Pownal ........................................................................................................................................................ 49

Town of Pownal .......................................................................................................................................... 49

Appendix III. Pay-As-You-Throw Ordinances Adopted by Alliance Towns ................................................. 49

List of Tables Table 1. Members of the Bennington County Solid Waste Alliance board .................................................. 7

Table 2. Planning team meetings .................................................................................................................. 7

Table 3. Population of member towns from the 2010 census and 2017 estimates. .................................... 8

Table 4. Number of employers by range of employee numbers in Bennington County: Source: Infogroup

2020. ............................................................................................................................................................. 9

Table 5. Number of businesses by categories generating food, nonfood or both. ...................................... 9

Table 6. Bennington County public schools and recent enrollment. .......................................................... 10

Table 7. Bennington private schools and recent enrollment. .................................................................... 11

Table 8. School outreach summary from 2014 to 2019 ............................................................................. 12

Table 9. Summary of 2016, 2019 and UVM VT ANR surveys. Source: surveys completed in 2016 and

2019; University of Vermont 2019 .............................................................................................................. 13

Table 10. Household hazardous waste, paint, battery, and pharmaceutical collection sites .................... 16

Table 11. Food pantries in Bennington County. ......................................................................................... 17

Table 12. Haulers serving member towns .................................................................................................. 18

Table 13. Comparison of selected materials generated from 2016 through 2019 .................................... 20

Table 14. BCSWA expenditures from fiscal year 2015-2016 to 2018-2019 ................................................ 35

Table 15. Potential contractors and partners ............................................................................................. 35

List of Maps (follow IV.C.)

Map 1. Bennington County Solid Waste Alliance Towns Map 2. Bennington County Solid Waste Alliance Facilities

Bennington County Solid Waste Alliance 2021-2025 Solid Waste Implementation Plan 4 | P a g e

Acknowledgements

This plan was developed by representatives of the Towns of Arlington, Bennington, Dorset, Glastenbury, Pownal, Rupert, Sandgate, Searsburg, Shaftsbury, Stamford, Sunderland and Woodford with assistance from the Bennington County Regional Commission, Paula Kamperman, Outreach Program Manager, and staff of the Vermont Agency of Natural Resources, Waste Management Division. Funding was provided by the thirteen towns.

I. Introduction and Purpose

A. Universal Recycling Law Vermont has several pieces of legislation governing the management of solid waste. Probably the most well know is the Universal Recycling Law or Act 148, passed by the Vermont Legislature in 2012. The primary purpose of this law is to significantly reduce the amount of material going into landfills and to increase recycling and reuse as well as other forms of diversion. The Universal Recycling Law seeks to provide more choices and convenience for Vermont residents, businesses, and institutions to make it easier for them to recycle. The law created a series of benchmarks, each taking place on July 1st of the years listed below:

2015

• Pricing of residential trash to be based on per unit charges. Towns or districts were required to adopt ordinances enforcing unit-based pricing.

• Transfer stations and bag-drop haulers were required to accept leaf and yard debris.

• Haulers were required to offer recycling at no separate charge.

• Public buildings were required to provide recycling containers alongside trash containers.

• Food scrap generators of 1 ton/week or greater must divert food waste to a certified facility if one is within 20 miles

2016

• Leaf, yard, and clean wood debris were banned from landfills.

• Food scrap generators of ½ ton/week must divert to a certified facility if within 20 miles.

2017

• Transfer stations and bag-drop haulers were to accept food scraps.

• Food scrap generators of 1/3 ton/week must divert to a certified facility if within 20 miles


2020

• Food scraps are banned from landfills.

• Haulers must offer food scraps collection to nonresidential customers and apartment buildings with four or more units.

In addition, transfer stations must accept clean wood for recycling. By July 1, 2021, solid waste management entities must offer collection of asphalt shingles for recycling. Vermont is also a leader in product stewardship or extended producer responsibility (EPR) legislation that requires manufacturers of certain materials to pay for disposal costs. These programs include:

• Battery recycling for single-use and rechargeable batteries and cell phones. These are collected at the Bennington, Northshire, Sunderland and Pownal Transfer Stations and at many retail locations.

• Mercury containing materials, particularly fluorescent bulbs, and mercury thermostats. These are collected at many retail locations.

• The costs of recycling electronics including computers, monitors, televisions, printers, and computer peripherals are covered by manufacturers. Other electronic devices are banned from landfills. Electronics are collected at the Bennington, Northshire, Sunderland and Pownal Transfer Stations and several retail locations

• Architectural latex and oil- based paint as well as other types of coatings can be recycled. Paint is collected at several retail locations.

• Pharmaceuticals are accepted at the Bennington and Manchester Police Stations and the Bennington County Sheriff office as well as Southwestern Vermont Medical Center, CVS, and the Pharmacy (Manchester and Bennington). This is a program sponsored by the Vermont Department of Health.

Other materials, banned from landfills, require other management options:

• Hazardous wastes are regulated and banned from landfills. Solid waste districts, Alliances, groups, and independent towns must offer collection options for residents and businesses for these kinds of materials.

• Where possible, construction and demolition debris, such as clean wood and asphalt shingles should be recycled.

• Single use plastic will be banned as of July 1, 2020.


B. Bennington County Solid Waste Alliance The towns of Arlington, Bennington, Dorset, Glastenbury, Manchester, Pownal, Rupert, Sandgate, Searsburg, Shaftsbury, Stamford, Sunderland, and Woodford have worked together to develop this plan (Map 1). As part of the planning process, the towns formed the Bennington County Solid Waste Alliance (BCSWA) in 2015 through an interlocal contract, pursuant to 24 V.S.A. Chapter 24, to implement the plan (Appendix I).

C. Mission and Goals

The mission of the Bennington County Solid Waste Alliance is to reduce the amount of waste disposed in landfills, by incineration or similar means by reducing the amount of waste generated, conserving resources, and promoting recycling and reuse. Following the Vermont Agency of Natural Resources Materials Management Plan (2019), the Alliance adopted the following goals:

1. Reduce the generation of all solid waste, both disposed and diverted, by 10% between 2020 and 2025

2. Decrease the amount of material disposed by 25% by 2025 from 2020 levels. 3. Achieve a diversion rate of 50% by 2025. 4. Increase food diverted to food rescue organizations by 10% by 2025

D. Planning Process In June of 2014, the Vermont Agency of Natural Resources adopted a Materials Management

Plan (MMP), as required under the Universal Recycling Law (Vermont Agency of Natural Resources 2014). As described above, the Towns of Arlington, Bennington, Dorset, Glastenbury, Manchester, Pownal, Rupert, Sandgate, Searsburg, Shaftsbury, Stamford, Sunderland, and Woodford are responsible for implementing state materials management policies and the requirements of the Universal Recycling Law. These towns cooperated to develop this Solid Waste Implementation Plan (SWIP) in conformance with the Vermont Agency of Natural Resources Materials Management Plan. That plan was adopted by the Alliance and approved by VT ANR in 2015. The actions in Section III follow the format of the template created by the Agency of Natural Resources. In 2019, ANR revised and updated their MMP (Vermont Agency of Natural Resources 2019), and that is reflected in this plan.

1. Solid Waste Implementation Plan Team The Alliance board consists of representatives of each town, listed in Table 1 below.


Table 1. Members of the Bennington County Solid Waste Alliance board

Town Representative Position

Arlington Cynthia Browning1 Select Board

Bennington Stu Hurd Town Manager

Dorset Rob Gaiotti Town Manager

Glastenbury Ricky Harrington Town Supervisor

Manchester John O’Keefe Town Manager

Pownal Tom Shuey Transfer Station Operator

Rupert Mark Lourie Delinquent Tax Collector

Sandgate Suzie dePeyster Select Board Chair

Searsburg Chris Reynolds Select Board

Shaftsbury Dave Kiernan Town Administrator

Stamford Nancy Bushika Select Board

Sunderland Dixie Zens Select Board

Woodford Vacant Vacant

The planning team was assisted by Michael Batcher of the Bennington County Regional

Commission and Paula Kamperman, Outreach Program Manager for the Alliance.

2. Public Involvement Process The planning team met on the dates shown in Table 2 below. All meetings were warned and

open to the public. The plan was posted on the BCSWA website and announced in the Bennington Banner, Manchester Journal, Berkshire Eagle, Deerfield Press, the News Guide and on Front Porch Forum. Minutes were posted on the BCSWA website.

Table 2. Planning team meetings

Meeting Date Location

April 8, 2020 Via conference call (Zoom)

June 3, 2020 Via conference call (Zoom)

October 21, 2020 Via conference call (Zoom)

November 12, 2020 Via conference call (Zoom)

BCSWA board members periodically reported to their respective Select Boards on the planning

process.

1 Matthew Bukowski, also on the Arlington Select Board, is an alternate representative. Keith Squires represented Arlington from 2015 to early 2020.


3. Conformance with the Regional Plan The Bennington County Regional Commission has completed work on an update to the regional plan and adopted the new plan on March 19, 2015 in the spring of 2015. That plan supports efficient and coordinated management of solid waste to protect the environment and reduce disposal costs. Information on the Universal Recycling Law was incorporated into the new regional plan. BCRC assisted in the development of this 2020 SWIP. In the regional plan, new solid waste facilities are considered projects that could have a substantial regional impact and would be reviewed by BCRC as part of any Act 250 review. In summary, this plan conforms to the newly adopted regional plan.

4. Vermont Agency of Natural Resources Review and Plan Adoption Drafts of the SWIP were submitted to the Vermont Agency of Natural Resources, which provided responses in letters dated July 27, 2020 and September 15, 2020. The plan was amended to address those comments, and the Agency granted pre-approval on September 20, 2020. The Alliance adopted the pre-approved SWIP on November 12, 2020 following public meetings on October 21, 2020 and November 12, 2020.

II. Area Description A. Demographic and Economic Setting 1. Population and Housing According to the 2010 U.S. Census, the total population of the 13 towns was just over 35,000, with 14,552 households. Table 3 below shows the changes since 2010 based on 2017 population estimates.

Table 3. Population of member towns from the 2010 census and 2017 estimates. Source: U.S. Census Bureau, 2013-2017; Bennington County Regional Plan 2015

Town 2010

Population Share 2017 Estimated

Population Share

2010-2017

Change

2010-2017 % Change

Arlington 2,317 6.61% 2,543 7.41% 226 9.75%

Bennington 15,764 44.96% 15,239 44.43% (525) -3.33%

Dorset 2,031 5.79% 2,079 6.06% 48 2.36%

Glastenbury 8 0.02% 7 0.02% (1) -12.50%

Manchester 4,391 12.52% 4,285 12.49% (106) -2.41%

Pownal 3,527 10.06% 3,452 10.06% (75) -2.13%

Rupert 714 2.04% 646 1.88% (68) -9.52%

Sandgate 405 1.16% 374 1.09% (31) -7.65%

Searsburg 109 0.31% 106 0.31% (3) -2.75%

Shaftsbury 3,590 10.24% 3,487 10.17% (103) -2.87%


Table 3. Population of member towns from the 2010 census and 2017 estimates. Source: U.S. Census Bureau, 2013-2017; Bennington County Regional Plan 2015

Town 2010

Population Share 2017 Estimated

Population Share

2010-2017

Change

2010-2017 % Change

Stamford 824 2.35% 866 2.52% 42 5.10%

Sunderland 956 2.73% 898 2.62% (58) -6.07%

Woodford 424 1.21% 318 0.93% (106) -25.00%

Total 35,060 100.00% 34,300 100.00% (760) -2.17%

2. Businesses and Institutions

The Bennington County Regional Commission periodically obtains data on businesses in Bennington County from Infogroup, which supplies data to the Vermont Department of Labor. The number of businesses fluctuates over time, and with the COVID-19 pandemic, there have likely been a loss of businesses in the county. The Infogroup data contains 2,237 entries, of which 2,122 are businesses with the rest schools and local, state, and federal government offices. There are at least 221 duplicate entries, leaving 1,912 business entries. Table 4 shows the number of employers by size range. Note that 82 employers were not classified by size range.

Table 4. Number of employers by range of employee numbers in Bennington County: Source: Infogroup 2020.

Number of Employees Number of Employers Examples

>1,000 1 SW VT Medical Center

500-999 0

250-499 4 Equinox Resort, NSK

100-249 16 Hannaford, Bennington College

50-99 23 Dailey Precast

20-49 149 Suburban Propane, Price Chopper

10-19 170 Petco, Walgreens

5-9 392 Several convenience stores

1-4 1,106 Building contractors, accountants, law offices, small retail, sole

proprietors

Total 1,912

Table 5. Number of businesses by categories generating food, nonfood or both.

Type Number

Food Oriented (e.g., restaurants 138

Non-food (e.g., offices, auto repair, retail sales) 1,576

Both (e.g., groceries, convenience shops) 220


Table 5. Number of businesses by categories generating food, nonfood or both.

Type Number

Total 1,934

Included in these figures are unclassified businesses which can include ATMs. Wading through all of this was very time consuming, Tables 4 and 5 provide a good overview of the numbers and types of businesses in the BCSWA service area. A large proportion of businesses, including food scrap generators, are located within the towns of Bennington and Manchester.

The Alliance has provided outreach to businesses by providing on-site technical assistance and

information via email, the Alliance web page, forums, and other means. From 2016 through 2019, 214 businesses were visited to 1) assess their current state of recycling, food scrap diversion, and methods of addressing hazardous materials, 2) to offer technical assistance in those areas and 3) to inform them of the statutory requirements and time frame for compliance with applicable Vermont solid waste statutes. These businesses were categorized as 56 food-oriented, 97 non-food oriented and 61 both food and non-food. In general, most businesses were recycling and diverting food scraps or preparing to do so.

3. Schools Tables 6 and 7 list schools in the BCSWA area that have and will be targeted for outreach efforts. In addition, there are other educational centers not listed as public or private schools which we hope to address separately.

Table 6. Bennington County public schools and recent enrollment. Sources: Bennington County Regional Plan 2015; Vermont Education Dashboard 2020.

Public Schools Town Supervisory

Union/School District 2010-11 2011-12 2012-13 2018-19

Fisher Elementary (Arlington, K-5)

Arlington Battenkill Valley SU/Arlington School District

154 144 163 219

Arlington Memorial High School (6-12)

Arlington Battenkill Valley SU/Arlington School District

172 177 200 203

Dorset School (K-8) Dorset Bennington Rutland

SU/Taconic and Green School District

162 163 173 185

Manchester Elementary / Middle School (K-8)

Manchester Bennington Rutland SU/Taconic and Green School District

399 414 393 413

Sunderland Elementary Sunderland Bennington Rutland

SU/Taconic and Green School District

62 64 62 92


Table 6. Bennington County public schools and recent enrollment. Sources: Bennington County Regional Plan 2015; Vermont Education Dashboard 2020.

Bennington Elementary

Bennington Southwest Vermont SU/Bennington Incorporated School District

293 268 256 342

Molly Stark Elementary (Bennington)


382 381 387 484

Monument Elementary (Bennington)


136 145 143 156

Pownal Elementary Pownal Southwest Vermont

SU/Pownal School District

263 264 265 260

Shaftsbury Elementary Shaftsbury Southwest Vermont

SU/Shaftsbury School District

195 214 235 252

Woodford Hollow Elementary

Woodford Southwest Vermont SU/Woodford School District

28 27 26 24

Mount Anthony Union Middle School

Bennington Southwest Vermont SU/Mt Anthony UHSD #14

619 604 572 574

Mount Anthony Union High School

Bennington Southwest Vermont/ Mt Anthony UHSD #14

1039 992 1002 864

Stamford (K-8) Stamford Windham Southwest

SU/Stamford School District

77 72 62 75

Total Public Schools 3981 3929 3939 4143

Table 7. Bennington private schools and recent enrollment. Sources: Draft Bennington County Regional Plan 2015; Vermont Agency of Education 2019.

Private Schools Town 2010-11 2011-12 2012-13 2019

Burr and Burton Academy (Manchester, 9-12)

Manchester 636 662 668 743

Forest Ward Memorial School (K-8)

Bennington 3 6 6 4

Grace Christian School (PK-12)

Bennington 159 162 173 109


Table 7. Bennington private schools and recent enrollment. Sources: Draft Bennington County Regional Plan 2015; Vermont Agency of Education 2019.

Private Schools Town 2010-11 2011-12 2012-13 2019

Green Mountain Mennonite School (Bennington, 1-9)

Bennington 0 0 13 35

Hiland Hall School (Bennington, K-8)

Bennington 31 33 36 34

Long Trail School (Dorset, 6-12)

Dorset 175 180 160 187

Manchester Village School Manchester 18

Maple Street School (Manchester, K-8)

Manchester 94 98 96 107

Red Fox Community School Dorset 19

Sacred Heart/St. Francis de Sales (Bennington, K-9)

Bennington 150 146 150 159

Southshire Community School (N. Bennington, K-8)

Bennington 40 40 40 25-35

Village School of North Bennington (K-6)

North Bennington

130 121 119 116

Total Private Schools 1418 1448 1461 1556-1566

Table 8 summarizes school outreach during the period of the 2015 to 2019 SWIP.

Table 8. School outreach summary from 2014 to 2019

School Year of Outreach Type of Outreach Follow-up Arlington Memorial High School

2014 and 2015 2019

Assisted in starting on-site composting. Provided information on proper disposal of landfill-banned materials and on conducting food waste audits

On-site composting was not successful, and school turned to hauler for food scrap disposal

Dorset School 2018 Discussed management of batteries, bulbs and paint with principal and custodian

Fisher Elementary 2014 and 2015 Completed on-site waste assessment to help improve recycling and food scrap diversion

Hiland Hall School 2019 Presented a trash on the lawn day with students and staff to sort materials and identify recyclables

Monument Elementary

2014, 2015 and 2016 Completed on-site waste assessment to help improve recycling and food scrap diversion


Table 8. School outreach summary from 2014 to 2019

School Year of Outreach Type of Outreach Follow-up Mount Anthony Union Middle School

2019 Provided basic information to Paul Dansereau

Mount Anthony Union High School

2018 Assistance provided to environmental studies class working on increasing recycling

Pownal Elementary 2016 2017

Meeting with principal and custodial staff to discuss methods of waste reduction Set up onsite composting

We continue to work with Pownal Elementary On-site composting failed as a bear destroyed the compost bins. School turned to hauler for food scrap collection

Stamford Elementary

2017 and 2018 Assistance provided on food scrap composting and recycling. Trash on the lawn conducted with students to identify ways to increase recycling.

Sunderland Elementary

2019 Met with principal and custodial staff to help develop waste reduction and recycling

Village School of North Bennington

2016 Workshop and assessment of recycling efforts completed

4. Residents

In 2016 and 2019, VT ANR required districts, alliances, and other solid waste management entities to survey residents on their solid waste practices. In 2019, the University of Vermont undertook a similar survey statewide. The results are shown in Table 9 below. A large majority of residents report that they are managing materials appropriately, though a large proportion still put food scraps in the trash.

Table 9. Summary of 2016, 2019 and UVM VT ANR surveys. Source: surveys completed in 2016 and 2019; University of Vermont 2019

Recyclables 2016 2019 UVM

Take to a drop-off 64.3 51.3 51.6

Curbside recycling 31.6 41.6 43.0

Put in trash 3.8 6.5 4.0

Other 5.0 5.8 1.4

Leaf and yard debris 2016 2019 UVM

Leave on ground 61.8 62.5 45.9

Compost 51.2 48.2 32.8


Table 9. Summary of 2016, 2019 and UVM VT ANR surveys. Source: surveys completed in 2016 and 2019; University of Vermont 2019

Take to drop-off 4.4 3.6 11.2


Other 6.8 10.8 3.6

Food Scraps

Put down garbage disposal 7.9 4.8 10.5

Compost 60.8 59.7 37.5

Take to drop off 0.3 6.1 11.1

Curbside collection 2.2

Put in trash 39.8 37.1 27.4

Other 11.2 0.7 11.9

Household Hazardous Waste

Take to event 75.5 69.5 49.2



Other 10.3 11.2 4.1

Electronic Waste

Take to event 45.0 35.7 34.1



Other 10.3 15.6 4.4

A waste composition study commissioned by VT ANR (DSM Environmental Services et al. 2018)

determined that Vermont had a recovery rate of recyclables of 73% and that the amounts of hazardous

materials and electronics in municipal solid waste was minimal. Th diversion of food scraps was

estimated at approximately 40%, most through backyard composting.

B. Existing Facilities and Services 1. Solid Waste Facilities Appendix II lists facilities in the BCSWA area (Map 2). Appendix II.A. lists transfer stations and Appendix II.B. lists closed landfills that will require recertification by the Vermont Agency of Natural Resources every five years. The Pownal, Rupert, Searsburg, Shaftsbury and Stamford stations are operated by those towns, and each station serves the residents of the respective towns. The Northshire (Dorset, VT) and Sunderland stations are operated by Casella and may be used by residents of Arlington, Dorset, Manchester, Sandgate, and Sunderland through the Integrated Solid Waste Applications Program (ISWAP). The Bennington Transfer Station, also operated by Casella, is used by residents of Bennington and Woodford. The Town of Rupert does not have a transfer station.


There are currently four wastewater treatment facilities located in Arlington, Bennington, Manchester and Pownal (see Appendix II C.)

2. Other Alliance Programs The Alliance holds two household hazardous waste events per year, one in the northern part of

the county and one in the south. Table 14 shows the number of participants from 2016 to 2018. Starting in 2021, the Alliance will hold three events to serve residents and businesses of Stamford and Searsburg which are beyond 20 miles from event locations.

The Alliance annually sells compost bins to encourage home composting and sold nearly 400

during the 2015 SWIP. In addition, the Alliance provides information to businesses, schools, institutions and the public through the Alliance web page, Facebook page, Front Porch Forum, a newsletter and other media on recycling, food scrap diversion, disposal of materials such as electronic waste, pharmaceuticals and other materials and other information for members of the public.

3. Other Programs and Services

As discussed in I.A. above there are numerous programs for managing solid waste. In addition

to those described above, other programs and services include textile recycling by One World Center and Goodwill, sites taking E-waste and fluorescent bulbs, battery recycling, the paint program of PaintCare and the many food pantries in the county that accept food donations and distribute food to those in need. Some of these are located at transfer stations and others in private institutions and businesses. Table 8 shows current sites offering textile recycling services.

Table 10. Textile collection sites

Name Services Offered Locations

One World Center Clothing and textiles Bennington, Northshire and Sunderland transfer stations, and other locations elsewhere in the county

Goodwill Clothing and textiles; furniture Bennington, VT North Adams, MA Williamstown, MA

Manchester Health Services

Clothing and small household items

Manchester, VT

While household hazardous waste is collected at events, materials such as fluorescent bulbs, computers, televisions, paint, and batteries can be collected at a variety of locations in Bennington County on a regular basis.


Table 10. Household hazardous waste, paint, battery, and pharmaceutical collection sites

E-Waste Electronic waste through the state program

Bennington, Pownal, Northshire, Sunderland transfer stations; Staples, Goodwill and Browns Computers in Bennington; Dorset School events; Stamford Fire Department annual collection event

Mercury Program CFL and fluorescent tubes Bennington, Northshire, Sunderland transfer stations; Miles True Value, Arlington; RK Miles, Shaw’s and Aubuchon in Manchester; the Lighting Place in Manchester; Other mercury items at HHW events and mercury thermostats at several locations

Paint Paint through the PaintCare program

HHW events; Miles True Value, Arlington; Sherwin Williams in Bennington and Manchester; Aubuchon Hardware and RK Miles in Manchester; W.W. Building Supply, Wilmington

Batteries Rechargeable batteries Home Depot, Brown Computer and Staples in Bennington; Manchester Town Hall and RK Miles in Manchester; Bennington, Sunderland, and Dorset Transfer Stations HHW events Several automobile parts dealers take lead acid batteries

HHW/CEG Collections

Two collection events per year for household hazardous waste and conditionally exempt generator waste

In 2020, two events, one in Dorset and one in Manchester. From 2021 on, there will be a third event serving Stamford and Searsburg.

Pharmaceuticals Collection boxes and annual pickups when funding is available

The Pharmacy in both Manchester and Bennington, the Bennington and Manchester Police Departments, Bennington County Sheriff Office, Southwestern Vermont Medical Center, CVS, annual DEA pickup days


Table 12 lists food pantries in Bennington County. These organizations accept donations of food and distribute that food to those in need. This not only provides for those in need but reduces food that might otherwise be wasted and need to be disposed.

Table 11. Food pantries in Bennington County. Source: FoodPantries.org undated. Those marked with an * are listed on Vermont Food Bank (www.vtfoodbank.org)

Name Address Town Zip Phone

Arlington Food Shelf* 165 Old Mill Rd. Arlington 05250 802-375-6328

Bible Baptist Food Basket* 1425 Harwood Hill Rd. Bennington 05201 802-447-3618

BROC-Community Action in Southwestern Vermont* 332 Orchard St. Bennington 05201 802-447-7515

Greater Bennington Interfaith Services-the Kitchen Cupboard

121 Depot St. Bennington 05201 802-447-3700

Green Mountain Christian Center* 440 Main St. Bennington 05201 802-447-7224

His Pantry* 238 West Main St. Bennington 05250 802-442-1720

Manchester Community Food Cupboard*

Manchester Town Hall Route 7 Manchester 05255 802-362-0057

North Bennington Baptist Church 15 Church St.

North Bennington 05257 802-442-2711

Pownal Food Pantry

Pownal United Methodist Church Church St. Pownal 05261

Rupert Food Pantry – United Church of Christ Rupert Town Garage Rupert 05768 802-394-7782

Sacred Heart St. Francis de Sales Food Shelf, HIS Pantry* 238 Main St. Bennington 05201 802-442-1720

Saint John the Baptist* 3 Houghton St. North Bennington 05257 802-447-7504

Shaftsbury United Methodist Church – Carpenter Shelf* 127 Church St. Shaftsbury 05262 802-681-7194


4. Haulers Table 12 lists the haulers serving the 13 towns as of February of 2020.

Table 12. Haulers serving member towns Source: Hauler registrations and web sites.

Name and Contact Information Services Offered Towns Served Ace (County Waste) 1927 Route 9 PO Box 431 Clifton Park, NY 12065

Curbside pickup Rupert

All American Waste LLC 714 Gage St. Bennington, VT 05201 John Babson, Jr.

Curbside pickup Dumpsters Roll-off service Food scrap collection Scrap metal2

Bennington

Casella Waste Management 442 Clarendon Ave., West Rutland, VT 05777 Contact: Randy Dapron 802-772-6980 [email protected] http://www.casella.com/

Manage Bennington, Northshire and Sunderland Transfer Stations Clean wood accepted at the transfer stations Organics composting at the Bennington Transfer Station Curbside pickup Dumpsters Roll-off service

Arlington, Bennington, Dorset, Manchester, Pownal, Rupert, Sandgate, Searsburg, Shaftsbury, Glastenbury, Sunderland, Woodford

City Compost www.citycompost.com 978-378-3048

Food scrap collection BCSWA service area

Delmolino and Sons 275 North St. Cheshire, MA 01225 413-743-5397 Contact: Kyle Delmolino

Residential dumpster Roll-off service

Stamford, Pownal

George Apkin and Sons, Inc. 17 Depot St. Adams, MA 01220 413-664-4936

Scrap metal Roll-offs

Bennington, Stamford, Woodford, other towns if requested

Git-R-Gone Rubbish Curbside services Food scrap collection

Bennington, Shaftsbury

Leonard Keys 5158 NYS Route 22 Salem, NY 12865

Curbside pickup Rupert

Republic Services, 485 South State St., Cheshire, MA 01225 413-347-6051

Curbside pickup Transfer station pickup Dumpsters

Bennington, Pownal, Shaftsbury, Stamford

2 This is a relatively new company and services may change.

http://www.citycompost.com/


Table 12. Haulers serving member towns Source: Hauler registrations and web sites.

Name and Contact Information Services Offered Towns Served James Reisinger-Kindle [email protected] http://www.republicservices.com/

Roll-off service

R.L. Waste 223 Protection Ave. North Adams, MA 01247 Robert Lefebve 413-652-2960

Curbside pickup Stamford

Scott Smith Trucking 901 Simonds Rd. (PO Box 616) Williamstown, MA 01267 413-458-4453

Curbside pickup

Stamford

Scott Wood Trucking PO Box 984 North Adams, MA 01247 413-652-7054

Roll-offs Construction debris

Pownal, Stamford

Tom Sweet 106 Nelson Rd. Bennington, VT 05201-2805 802-442-5536

Not available Bennington, Woodford

Triple T 437 Vernon Rd. Brattleboro VT 05301 802-254-5388 Contact: Peter Gaskill

Curbside pickup

Searsburg, Stamford

Willy’s Rubbish Removal 1212 Chunks Brook Rd. Arlington, VT 05250 802-375-1207 Contact: Willy Mattison

Curbside pickup Arlington, Sandgate, Sunderland

5. Trends in the Disposal Rate We will use ReTRAC, reporting from area haulers, surveys of organizations such as One World Center and other sources of information to develop and analyze data on MSW, recyclables and other materials disposed and recycled to arrive at estimated disposal and diversion rates.

The table below summarizes the materials collected from 2016 through 2018. Municipal solid waste (trash) has increased, thereby increasing per capita generation. However, recyclables and organics have increased as well, so the BCSWA diversion rate or the proportion of materials diverted from landfills rose dramatically.


Table 13. Comparison of selected materials generated from 2016 through 2019 Source: VT ANR ReTRAC data.

Tons from BCSWA Area

Material 2016 2017 2018 2019

Municipal Solid Waste 54,789.2 57,112.4 60,182.0 42,040.7

Recyclables 7,756.5 10,078.3 12,636.5 10,604.3

Organics 42.9 326.7 5,117,4 1,622.32

Disposal Rate (lbs./person/day 5.6 6.1 8.9

6.6

The 2015 SWIP goal was to reduce the disposal rate by 25% by 2020 or to 2.7 lbs./person/day

Estimated backyard composting3 1,446.64

Household Hazardous Waste 15.2 12.8 20.1 29.54

HHW Participants 398 410 484 446

Diversion Rate 17% 30%

The 2015 SWIP goal was a diversion rate of 50%

III. Implementation Plan

A. Performance Standards and Actions This SWIP addresses the requirements of the Vermont Agency of Natural Resources Materials Management Plan that became effective June 18, 2014. The tables below describe actions to meet the performance standards in that plan. To be successful, it will be critical for the Alliance to form partnerships with businesses, schools, institutions, and other groups working to reduce, reuse and recycle solid waste. TAM has an active program in several Bennington schools to promote composting, and both TAM and Casella provide advice and assistance on recycling options. Many businesses already actively recycle and could provide models for others to emulate. Similarly, several schools compost onsite or work with local farmers for composting and could serve as sources of technical expertise.

General Information Name of SWME Bennington County Solid Waste Alliance Year Chartered (if applicable)

No charter, Alliance formed in 2015 through an intermunicipal contract.

Mission for Sustainable

The mission of the Bennington County Solid Waste Alliance is to reduce the amount of waste disposed in landfills, by incineration or similar means, by reducing the

3 Based on DSM Environmental, MSW Consultants and Castleton Polling Institute 2018. 2018 Vermont waste characterization, prepared for the Vermont Department of Environmental Conservation, Montpelier, VT. Available via: https://dec.vermont.gov/waste-management/solid/publications-and-reports 4 Calculated based on total per capita tons of composting for Vermont proportioned to BCSWA population.


Materials Management

amount of waste generated, conserving resources, and promoting recycling and reuse. Following the Vermont Agency of Natural Resources Materials Management Plan (2019), the Alliance, the Alliance has adopted the following goals: 1. Reduce the generation of all solid waste, both disposed and diverted, by 10% between 2020 and 2025; 2) Decrease the amount of material disposed by 25% by 2025 from 2020 levels. 3. Achieve a diversion rate of 50% by 2025.Increase food diverted to food rescue organizations by 10% by 2025

Names of Member Town(s)

Arlington, Bennington, Dorset, Glastenbury, Manchester, Pownal, Rupert, Sandgate, Searsburg, Shaftsbury, Stamford, Sunderland, Woodford

Attach cover page once SWIP has been pre-approved with title and date adopted by SWME.

Program Administration

A1 Program administration and management

Description of program:

A1a. The Alliance will provide overall program management. A1b. The Alliance will respond to information requests, provide liaison with VT ANR and other solid waste management entities, communicate with towns and haulers on URL requirements and other general responsibilities. A1c. The Alliance will hold board meetings at least three times per year to develop programs and budgeting. A1d. The Alliance will maintain Alliance records, pay invoices and report on programs and funding. A1e. The Alliance will prepare, issue and review RFPs and RFQs. A1f. The Alliance will oversee Alliance contracts and develop procurement standards. A1g. The Alliance will prepare necessary materials for audits. A1h. The Alliance will maintain necessary insurance. A1i. The Alliance will apply for and manage SWIP and other grants.

Expected Timeframe:

Ongoing

A2 Sharing Services


A2a. The Alliance will assist towns in sharing services including HHW/CEG events, E-Waste and PaintCare events, compost bin sales and sharing use of transfer stations across town boundaries. A2b. The Alliance will investigate forming a solid waste district to provide enhanced capabilities to manage solid waste.

Expected Timeframe:

Alliance members have ongoing discussions on coordination and sharing of services.


A3 Training and qualifications


A3. The Alliance will maintain training and qualifications as well as professional memberships. This will include participation in conferences, webinars, and other opportunities to stay current with methods to improve recovery and diversion and overall waste and reduction.

Expected Timeframe:

Ongoing

A4 Communication and collaboration with other Vermont solid waste organizations


A4. The Alliance will participate in meetings of solid waste organizations and VT ANR throughout the year.

Expected Timeframe:

Ongoing

A5 Other Activities


A5. The Alliance will support efforts to reduce the amount of food scraps sent to landfills, and support efforts to appropriately dispose of landfill banned items.

Expected Timeframe:

A5.a. The Alliance will periodically purchase and sell compost bins and food scrap collection containers for residents and small institutions. A5b. The Alliance will support collections of electronics, paint, mercury devices and other banned items. A5c. The Alliance will post opportunities for recycling of materials as new programs are developed on the Alliance web page and Facebook page as well as periodic announcements in the newsletter and on Front Porch Forum. A5d. The Alliance will offer information to the public through the web site, Facebook page, Front Porch Forum, local access TV and public forums on recycling, food scrap reduction, pharmaceutical disposal, sharps disposal, and other aspects of appropriate materials management.

A6 SWIP Update


A5. The Alliance will prepare a new SWIP to be completed in Year 5.

Expected Timeframe:

VT ANR will likely develop guidance in Year 4 and work will be initiated and completed in Year 5.


General

G1 Disposal and Diversion Reporting. 1. DISPOSAL RATE: To track progress with state waste reduction goals, SWMEs must

report their disposal rate in SWIP years one and five. SWMEs may use the method in the ANR Data Guidance to calculate their disposal rate or another method approved by ANR. Disposal rate reports must be based on calendar year data and be submitted to ANR via ReTRAC by July 1st. DOCUMENTATION (only required in annual SWIP reports): 1. First (1st) Year SWIP Report: report year 1 annual per person per year disposal rate. 2. Fifth (5th) Year SWIP Report: report year 5 annual per person per year disposal rate.

2. DIVERSION RATE: SWMEs are not required to report diversion rates to ANR; however, it is strongly recommended that SWMEs track their diversion efforts to determine the success of their programs and services.

Plan to submit data:

G1. The Alliance will collect data via ReTRAC as well as from PaintCare, VT ANR on mercury products, textile data from Good Will and the One World Center and other sources and report on disposal rates. We will attempt to assess diversion rates as well. Table 13 on page 19 shows the trend in disposal rates for the BCSWA service area from 2016 to 2019. The Alliance will report the disposal rates in Years 1 and 5 as required.

G2 SWIP Posting & Publicity. To ensure community members are aware of and can

access the SWIP, each SWME must—within one month of their SWIP approval—post their approved SWIP on their website and submit one press release about their SWIP to local newspapers within two months of SWIP approval.

DOCUMENTATION (only required in annual SWIP reports): 1. First (1st) Year SWIP Report: supply website link of SWIP and attach press release

along with date released and list of newspapers where it was sent.

Plan for Posting and Press Release:

G2. The Alliance will post the SWIP on the Alliance website within one month of approval of the SWIP by VT ANR. The Alliance will also submit a press release following adoption to local papers serving the Alliance area within two months of approval.


G3 A-Z Waste & Recycling Guide. To ensure community members have access to local

information on state disposal bans and how to reuse, recycle, donate, compost, and safely dispose of their unwanted materials, each SWME will develop and maintain an A-Z guide on their website that lists regional management options for various materials. This guide must be updated on the SWMEs website within the first SWIP year and remain accurate throughout the SWIP term. The list must contain, at minimum, information on how to manage, recycle, or divert all state disposal banned items in addition to information on where to recycle/reuse the following materials: clothing/textiles, asphalt shingles and drywall, sharps, pharmaceuticals, and food for donation.

DOCUMENTATION (only required in annual SWIP reports): 1. Provide A-Z website link in annual SWIP report. 2. A-Z website link must be easily found from the district, alliance, or town’s

website within 2 clicks or fewer from the homepage. 3. Publicize the A-Z Waste & Recycling Guide with at least two forms of outreach

annually throughout the SWIP term.

Plan for Updating Webpage:

G3. The Alliance website currently has an A to Z guide which we update regularly. In 2020 and 2021 we will update our website to include a revised A to Z list with the items specified by VT ANR.

Plan for Publicity:

G3. We will publicize the A to Z guide through newspaper advertisements, Facebook and Front Porch Forum and update the guide at least annually.

G4 Variable Rate Pricing. SWMEs must 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.

DOCUMENTATION (only required in annual SWIP reports): 1. In annual SWIP report, explain the method used to ensure haulers and facilities

are charging residents for trash based on volume or weight.

Description of System:

G4. The 13 towns have all adopted a pay as you throw ordinance. See G5 below. The individual towns verify this by contacting haulers annually, and transfer stations within the BCSWA service area charge based on pay-as-you-throw pricing.

https://dec.vermont.gov/waste-management/solid/materials-mgmt/trash


G5 Solid Waste Hauling Services. To ensure community members have access to

information on solid waste hauling services in their region or town, SWMEs must annually update the contact information and trash, recycling, and food scrap pickup services offered by all commercial solid waste haulers operating within their region on the SWME website. SWMEs may elect to establish licensing or registration programs to accomplish this requirement.

DOCUMENTATION (only required in annual SWIP reports): 1. In annual SWIP report, provide website link to hauler contact list and services haulers provide.

Description of Updating Process:

G5. The pay as you throw ordinances adopted by the towns require haulers to register. We use that information as well as other sources to update hauler information posted on our website at least annually. Each town annually contacts haulers requesting that they register and provide information on their services and their continuing agreement to use a pay-as-you-throw pricing system.


Outreach – Recycling, Organics, HHW/CEG, EPR Programs

O1 School Outreach. To ensure all K-12 public and private school children, faculty and staff

understand state disposal bans and how to reduce waste, reuse, recycle, compost, donate, and safely manage materials responsibly, SWMEs must annually visit and work with K-12 public and private schools to implement school-wide waste reduction programs — covering, at minimum, disposal ban information, how to recycle correctly, how to separate food scraps for composting, how to reduce wasted food and donate what is appropriate, how to safely manage hazardous waste, and collection options available from Vermont’s Extended Producer Responsibility Programs for electronics, paint, batteries, mercury-containing bulbs and thermostats. SWMEs must assist schools on a continual basis to ensure the effectiveness of waste reduction programs. SWMEs must conduct in-person outreach and education assistance to at least 10% or 2 schools (whichever is greater) within their jurisdiction each year, ensuring that at least 50% of the schools are reached by the end of the SWIP term. SWMEs should prioritize outreach to schools that have not yet been visited. For SWMEs with fewer than 10 schools, assistance should be offered on an annual basis to at least 2 schools per year, with re-visits to schools if all schools in the jurisdiction are reached early in the SWIP term. SWMEs may work with ANR’s Environmental Assistance Office to obtain information and technical assistance on HHW/CEG handling, disposal, waste reduction, recycling, and finding cost effective disposal options.

DOCUMENTATION (only required in annual SWIP reports): 1. Provide a list of schools contacted, dates visited, informational materials provided

(such as VT Waste Not Guide), technical assistance or outreach offered, and status of recycling and food scrap diversion programs in annual SWIP report.

Description of Outreach Plan:

O1. The Alliance school outreach program is designed to provide outreach to three of our 26 schools5 annually so as to visit at least 13 or 50% of our schools by the end of this plan. Outreach addresses recycling of all mandated recyclables listed as banned from landfill, management of organics, and management of hazardous materials and those covered by Vermont Extended Producer Responsibility legislation. The Alliance will review data collected from previous visits and prioritize schools based on 1) whether or not they have been visited previously and 2) needs as well as interest in materials management programs. The Alliance Outreach Program Manager will visit at least three schools annually to meet with staff and teachers and provide programs for students where requested, covering recyclables, organics. Hazardous materials, electronics, paint, batteries and mercury-containing bulbs and thermostats. The Alliance will report on these activities in annual SWIP reports.

We track outreach via surveys and a spreadsheet to collect information on collection methods and areas where further improvement is needed. For the latter, we provide follow-up assistance.

5 See Tables 6 and 7 on pages 10 and 11.


O2 Direct Business Outreach. To ensure businesses and institutions (hospitals, nursing

homes, colleges, correctional facilities, and other large waste generators) understand how to meet State requirements and reduce waste, recycle, compost, donate food/goods, and safely manage materials responsibly, SWMEs must annually conduct business outreach and education either in person or via phone — covering, at minimum, disposal ban information, how to recycle correctly, how to separate food scraps for composting, how to reduce wasted food, how to safely manage hazardous waste, and collection options available from Vermont’s Extended Producer Responsibility Programs for electronics, paint, batteries, mercury containing bulbs and thermostats. SWMEs must provide business outreach and education on a continual basis to ensure the effectiveness of waste reduction programs. SWMEs must conduct business outreach and education to at least 2% or 20 businesses/institutions (whichever is greater) within their jurisdiction each year and reach at least 10% of the businesses and institutions within their region by the end of the SWIP term. For SWMEs with fewer than 20 businesses, all businesses must receive outreach at least twice during the SWIP term. SWMEs should prioritize outreach to businesses that have not yet been contacted or visited or those whose status is not yet known.

DOCUMENTATION (only required in annual SWIP reports): 1. In annual SWIP report, provide list of businesses/institutions contacted, date

contacted, outreach materials provided (such as the VT Waste Not Guide), and the status of recycling and food scrap diversion programs and whether follow up is needed.

Description of Outreach Plan:

O2. The Alliance business outreach program is designed to provide assistance to 40 or 2% of the approximately 2,000 businesses in the BCSWA service area., with the goal of reaching 10% or 200 by the end of the term of this plan. will gather existing information and contact businesses and institutions to identify key contacts and to categorize businesses and institutions by the types (food vs. non-food) and size (# employees). This information will be updated as needed. A summary of the number and types of businesses in the Alliance service area can be found in II.A. 2 on pages 9 and 10. The Alliance will use the above to prioritize both food and non-food-based businesses and institutions within the Alliance area for outreach. The Alliance will annually contact the top 100 priority businesses and institutions to 1) describe the mission, goals, and resources of the Alliance; and 2) interview them about their current source reduction, recycling, composting, public space recycling programs and volume of material generated. Based on the results of that effort, the Alliance will provide technical assistance and support in person, via email, via phone, or via means such as webinars, workshops and social media about source reduction, recycling, organics, managing hazardous materials, electronics, paint, batteries and mercury containing lamps and thermostats to 40 businesses. The Alliance will report on these activities in the annual SWIP report. We survey businesses on their current materials management and identify areas where they need improvement. The results are kept in a spreadsheet which is then used to provide follow-up where necessary.


O3 Waste Reduction at Events. To ensure community members have resources to

reduce waste, recycle, and divert food scraps from the trash at events, SWMEs must, at minimum, offer technical assistance which could include signage and coordination with local haulers and facilities accepting food scraps. Though not required, SWMEs are encouraged to host waste-sorting stations at events with SWME staff or volunteers or to loan community members basic supplies such as signage and collection bins.

DOCUMENTATION (only required in annual SWIP reports): 1. Provide information on SWME or town website of event waste reduction and

diversion resources and services and provide link in annual SWIP report. 2. In annual SWIP report, list events that have received assistance each year.

Description of Assistance:

The Alliance will annually identify major events scheduled for each SWIP year and provide materials on the Alliance web page for use by those that organize those events. The Outreach Program Manager will provide on-site, phone, email, webinar or similar assistance to organizers of ten (10) priority events annually, with priority depending on the size of the events. These activities will be reported in the annual SWIP report. Outreach information and materials along with contact information will be kept on the BCSWA website starting in 2020 or 2021.


HHW & CEG Hazardous Waste

H1 HHW Collection Events and Facilities. To ensure community members have

convenient access to safely dispose of Household Hazardous Waste (HHW) and Conditionally Exempt Generator Hazardous Waste (CEG), SWMEs must provide a minimum of two (2) HHW/CEG hazardous waste collection events per year or access to a permanent HHW collection facility defined within this MMP as a facility that is open at least one day per week and open at minimum from May through October (ANR may consider approving requests for alternative operating days and seasonal openings and closures of permanent facilities when necessary). SWMEs that provide access to a permanent HHW collection facility in their region, are exempt from the requirement to offer all towns at least one annual collection event within 20 road-miles. Minimum Requirements for SWMEs utilizing Collection Events: SWMEs must offer at least one event scheduled in the spring and one in the fall and events must operate for a minimum of 4 hours. SWMEs who only offer collection events or operate HHW facilities with operating hours similar to collection events must annually provide each of its towns with access to at least one collection event (or to a facility) within 20 road-miles; meaning a maximum distance of 20 road-miles from any point in the town. If a SWME provides additional events above the minimum requirement, waivers to the minimum duration for each event may be considered by ANR. To meet this 20 road-mile convenience requirement, certain regions may need to add collection events. SWMEs may share access to events and facilities provided a signed agreement confirming access by the SWME’s community members is obtained; and provided that an event or facility is within 20 road-miles from any point in a town that would be using that event or facility. In the event an EPR Program is established for certain HHW materials, SWMEs would be required to ensure that collection exists for all other HHW materials not covered by the HHW EPR Program and to meet and maintain the above HHW collection and convenience standards.

DOCUMENTATION (only required in annual SWIP reports): 1. In annual SWIP report, provide dates of events or link to facility hours on SWME

website, number of participants and the amount of HHW/CEG hazardous waste collected.

Description of Collection Plan:

The Alliance will hire a qualified HHW disposal company and hold three four-hour events within the Alliance area. This will include outreach and advertising. One event will serve the southern portion of the area, and a second the northern portion with one of those in the spring and one in the fall. We will hold a third event specifically for the towns of Searsburg and Stamford which are both more than 20 miles from either those event sites. These activities will be reported in ReTRAC and the annual SWIP reports. The Alliance will work to develop a permanent facility for residents, businesses, and institutions. If and when that becomes operational, events will cease to occur.


H2 Collection of Landfill-Banned and Dangerous Materials. Each SWME shall

demonstrate that year-round collection options exist in their region for the following materials: batteries, mercury containing lamps, mercury thermostats, 1- and 20-pound propane tanks, electronics, paint, tires, used oil, and white goods (including discarded refrigerators, washing machines, clothes dryers, ranges, water heaters, dishwasher, freezers). Collection locations can be privately or publicly owned, such as auto parts stores collecting used oil, or hardware stores collecting paint and fluorescent lamps. However, if the only collection location for a required material closes during the SWIP term, then the SWME must provide a collection option for its residents. All collection locations must be open at least one weekday and one weekend day per week. In addition, all outreach promoting the collection of these materials must make clear that the collection of these materials is separate from curbside, or blue-bin, recycling.

DOCUMENTATION (only required in annual SWIP reports): 1. In annual SWIP report, provide link to SWME’s A-Z Guide’s listings with name,

location, phone number, and website (if available) of the locations, by material type.

Plan for Updating Collection Locations:

The Alliance will report, in the annual SWIP report, the name, address, phone number and other relevant information on locations, including transfer stations, accepting batteries, mercury containing lamps and thermostats, 1- and 20-pound propane tanks, E-waste, paint, tires, used oil, and appliances. The Alliance will also provide for appropriate outreach material on the website, Facebook page and periodic publications in local newspapers. In our outreach, we will make clear that these materials are not to be included with blue-bin or other recyclables. A list of current locations can be found in Table 10 on pages 15 and 16.

Food Donation

F1 Food Rescue. To ensure community awareness of food donation centers, SWMEs must,

at minimum, list food donation groups on their website (this can be part of the A-Z Guide). SWMEs should contact and collaborate with local food redistribution groups to conduct outreach and education to food businesses and institutions about opportunities to donate quality food within the region to feed people. Related groups include Vermont Foodbank, hunger councils, food shelves, churches, schools, and other nonprofit and community organizations that accept and distribute donated food items.

DOCUMENTATION (only required in annual SWIP reports): 1. In annual SWIP report, provide link to SWME’s A-Z Guide’s food donation listing,

with name, location, phone number, and website (if available) of the food donation centers.

Plan for Updating Website:

The Alliance will develop materials to encourage food donations as part of management of organics and distribute those during visits to businesses, institutions, and schools as well as for the public. These materials will be developed following consultation with local food distribution organizations in the Alliance service area. We currently have a link identifying food rescue organizations and will update that at least annually. These are also listed in Table 11 on pages 16 and 16.


F1 Food Rescue. To ensure community awareness of food donation centers, SWMEs must,

at minimum, list food donation groups on their website (this can be part of the A-Z Guide). SWMEs should contact and collaborate with local food redistribution groups to conduct outreach and education to food businesses and institutions about opportunities to donate quality food within the region to feed people. Related groups include Vermont Foodbank, hunger councils, food shelves, churches, schools, and other nonprofit and community organizations that accept and distribute donated food items.

DOCUMENTATION (only required in annual SWIP reports): 1. In annual SWIP report, provide link to SWME’s A-Z Guide’s food donation listing,

with name, location, phone number, and website (if available) of the food donation centers.

Textiles

T1 Textile Reuse and Recycling. To ensure community members have access to textile

reuse and recycling centers where used clothing can be donated, SWMEs must annually ensure that at least one collection location exists within their region. Textile reuse/recycling locations can be either privately or publicly owned. However, if the only collection location closes or ceases collection during the SWIP term, then the SWME is responsible for providing a collection option for its residents or partnering with another group that may coordinate an annual drop and swap event. Collection locations can also be shared amongst SWMEs so long as the facility is within the same county or SWME region. SWMEs must list where to donate and reuse/recycle “clothing/textiles” in their A-Z Guides.

DOCUMENTATION (only required in annual SWIP reports): 1. In annual SWIP report, provide link to SWME’s A-Z Guide’s textiles reuse and

recycling listing with name, location, phone number, and website (if available) of the textile reuse and recycling center.

Plan for Ensuring Collection Exists:

The Alliance will post the locations of textile collection points on the Alliance web site and provide those in the annual SWIP report. We will update the locations on our website at least annually. Current locations are summarized in Table 10 on pages 14 and 15.

Construction & Demolition (C&D)

C1 Leaf, Yard, and Clean Wood Debris Recycling. To ensure community members

have options to recycle leaf, yard, and clean wood debris that are banned from landfill disposal, SWMEs must annually ensure that at least one leaf, yard, and clean wood recycling collection location exists within their jurisdiction. This location can be either privately or publicly owned; however, if the only collection location closes or ceases collection during the SWIP term, then the SWME must provide a collection option for its community members. SWMEs must list where to drop off clean wood in their A-Z Guides.


Recycling options can include dimensional lumber that is reused, clean wood that is burned to produce heat and/or power for buildings (including wood stoves), clean wood that is chipped to create mulch or compost feedstocks, and other options listed in the state’s Leaf, Yard, and Clean Wood Debris Guide. Collection locations should be co-located with solid waste facilities that collect C&D and trash to make clean wood recycling convenient.

DOCUMENTATION (only required in annual SWIP reports): 1. In annual SWIP report, provide link to SWME’s A-Z Guide’s clean wood recycling

listing with name, location, phone number, and website (if available) of the collection location.


Transfer stations (see Appendix II A on page 48) serving the Alliance towns accept leaf, yard, and clean wood debris. These sites will be listed on the Alliance web page, in the A to Z guide and will be provided in the annual SWIP report.

C2 Asphalt Shingles and Drywall Recycling. Asphalt Shingles Recycling: To ensure community members have options to recycle asphalt shingles, SWMEs must ensure that at least one recycling collection location exists within their region. Collection locations can be privately or publicly owned. However, if the only recycling collection location closes during the SWIP term, then the SWME must provide a collection option. Collection locations may be shared amongst SWMEs. ANR may suspend this requirement upon finding that insufficient markets exist for these materials. Clean Drywall Recycling: To promote the recycling of clean drywall, SWMEs must list where to drop off clean drywall for recycling in their A-Z Guides (even if drywall recycling collection locations are outside of the SWME region). To encourage development of options for drywall recycling collection, SWMEs must contact drywall recycling collectors once during the SWIP term to determine costs for obtaining drywall recycling collection services in their region.

DOCUMENTATION (only required in annual SWIP reports): 1. In annual SWIP report, provide link to SWME’s A-Z Guide’s asphalt shingles and

drywall recycling listing with name, location, phone number, and website (if available) of these recycling collection locations.

2. Fifth (5th) Year SWIP Report: describe contact made to drywall recyclers for costs for recycling option.


The Alliance will assure that a collection point for asphalt shingles is available within the Alliance service area by July 1, 2022 and provide information on the Alliance web site, Facebook page, periodic newspaper advertisements as well as in the annual SWIP report. The Alliance will also identify areas where clean drywall can be disposed for recycling, and locations will be listed during the SWIP term.

https://dec.vermont.gov/sites/dec/files/wmp/SolidWaste/Documents/Universal-Recycling/Leaf.Yard_.CleanWoodGuide.CURRENT.pdf

https://dec.vermont.gov/sites/dec/files/wmp/SolidWaste/Documents/Universal-Recycling/Leaf.Yard_.CleanWoodGuide.CURRENT.pdf


Residuals – Biosolids, Wood Ash, Short Paper Fiber

R1 Residuals Recycling Meetings. To promote the recycling of residual materials, each

SWME must attend and help ANR Residuals Program staff host and coordinate at least one regional public meeting on residuals recycling during the SWIP term. ANR Residuals Program staff will help SWMEs organize the meetings, give a presentation, and identify speakers and invitees. SWMEs must reserve a space to hold the meetings and send invitations to water/wastewater and public works employees, town managers, select board members, septic and biosolids service providers, citizens, industrial waste generators, and others as appropriate. ANR Residuals Program staff will collaborate with SWMEs to develop a meeting agenda that best suits the needs or issues of the region and its towns. Meeting agendas could cover the benefits and challenges of recycling biosolids and other residual materials, like stabilized septage, wood ash, and short paper fibers, as well as education campaigns for the public on residual materials and keeping non-flushables and toxics out of the wastewater stream and septic systems.

DOCUMENTATION (only required in annual SWIP reports): 1. Collaborate with Residuals staff to host/coordinate regional public meeting on

residuals recycling. 2. Report date of meeting and list of attendees in 5th year SWIP report.

Plan for Assisting with Meeting Coordination:

The Alliance will work with ANR Residuals staff to host at least one workshop on managing biosolids, septage, wood ash and paper fibers. The Alliance will reserve space, invite attendees, and help to develop an agenda and report on results in the Year 5 SWIP report. The Alliance has developed and will continue to make available information for the public on managing biosolids.

Additional SWIP Requirements Outlined in Overview Solid Waste Facility Siting Criteria

Describe siting criteria that will apply to solid waste facilities which may be proposed by any public or private entity in the SWME region. As required by 10 V.S.A. §6605(c), siting criteria shall not be less stringent than the criteria in Vermont Solid Waste Management Rules.

Description: See Section III. D.

Specify Facilities Included in SWIP & How Proposed Facilities Will Be Reviewed

Explain the process and standards to be used to determine if newly proposed solid waste facilities would be included in the SWIP. The process may reference siting criteria and existing zoning ordinances, may require a host town agreement, or may defer to requirements in the Vermont Solid Waste Management Rules for some or all types of solid waste facilities. The standard(s) for being included in the SWIP should be clear.

Facilities and Process:

See Section III. D. and Appendix II.


Public Participation in the SWIP Approval Process

Describe the process to be used to ensure public participation in the development and implementation of the SWIP. The local community should be notified of opportunities to participate in the SWIP development and implementation. In accordance with state statute, SWMEs must hold at least two public meetings on the draft SWIP.

Description of Process:

All meetings of the Alliance are open to the public, and the Alliance maintains a web site and Facebook page and provides information via the press, front porch forum and other means. See I.D. for a description of the planning process.

Ordinances Include copies of any solid waste related ordinances with the SWIP.

Copies of Ordinances:

Copies can be found in Appendix III.

Conformance with Other Plans

Demonstrate that the SWIP is in conformance with any regional plan adopted in accordance with 24 V.S.A Chapter 117. Demonstration may be in the form of a letter from the applicable regional planning commission regarding conformance of the solid waste implementation plan with the regional plan(s), copies of pertinent sections of the regional plan(s), or other documentation that proves conformance.

Letter or other Documentation:

See Section I.D.

B. Resource Needs The Alliance develops an annual budget and workplan to accomplish the tasks in the program

areas described above. The Alliance does not intend to hire staff, but to contract with a variety of vendors to provide program administration, education and outreach, web design and maintenance, HHW collections and other parts of the overall program.

Table 14 shows expenditures, income, and budgeted amounts from fiscal year 2015 through

2018. The Alliance has expended $496,961.91 and received income from grants and compost bin sales of $128,939.78. The Alliance has also been substantially under budget each year.


Table 14. BCSWA expenditures from fiscal year 2015-2016 to 2018-2019 Source: BCSWA adopted budgets

Expenses FY 2015-2016

FY 2016-2017

FY 2017-2018

FY 2018-2019

Totals

Salaries and Benefits $ 27,379.28 $ 33,873.07 $35,194.25 $ 35,487.23 $ 131,933.83

Direct Costs $ 4,034.79 $ 6,918.04 $8,481.49 $ 8,848.07 $ 28,282.39

Compost bins $ 4,180.33 $ 4,303.10 $4,184.80 $ 2,948.88 $ 15,617.11

Advertising $ 1,972.80 $ 4,203.73 $4,650.75 $ 7,105.34 $ 17,932.62

Equipment $ 2,618.52 $ 178.90

$ 2,797.42

Indirect Costs $ 18,639.81 $ 22,637.40 $22,422.25 $ 11,441.08 $ 75,140.54

Total BCRC $ 58,825.53 $ 72,114.24 $74,933.54 $ 65,830.60 $ 271,703.91

Outreach, Web and Other Contractors

$ 13,425.00 $ 23,943.43 $31,014.34 $ 30,460.73 $ 98,843.50

HHW Contractors $ 21,299.11 $ 24,505.81 $31,713.46 $ 48,896.12 $ 126,414.50

Total Contractors $ 34,724.11 $ 48,449.24 $62,727.80 $ 79,356.85 $ 225,258.00

Total Expenses $ 93,549.64 $ 120,563.48 $137,661.34 $ 145,187.45 $ 496,961.91

Income

ANR Grant, Ag and Markets, Donations

$ 12,238.55 $ 27,060.38 $15,979.96 $ 56,769.35 $ 112,048.24

Compost bin sales $ 4,235.00 $ 5,947.71 $3,710.03 $ 2,998.80 $ 16,891.54

Total Income $ 16,473.55 $ 33,008.09 $19,689.99 $ 59,768.15 $ 128,939.78

Expenses minus income

$ 77,076.09 $ 87,555.39 $117,971.35 $ 85,419.30 $ 368,022.13

Budgeted Amounts $186,655.00 $177,455.00 $159,655.00 $169,180.00 $692,945.00

The budget for 2019 to 2020 totaled $173,980.00 and for 2020-2021, $208,225.00. These

increased costs reflect increases in staff costs and in disposal of household hazardous waste, which will require three events in 2021. The Alliance towns also face the problem of rising costs for municipal solid waste disposal, recycling, and food scrap diversion. The value of many materials is significantly lower than just a few years ago and finding markets for recyclables and compost is difficult.

Table 16 below provides a partial list of potential partners with whom the Alliance will work to

implement this plan, in addition to the transfer stations (Appendix II. A.), textile collection sites (Table 9), HHW and E-Waste sites (Table 8) food pantries (Table 120) and haulers (Table 12).

Table 15. Potential contractors and partners

Organization Potential Activities

Paula Kamperman Outreach Program Manager for the Alliance from December 2018 to the present

Northeast Recycling Council (NERC) Outreach to schools and businesses; multimedia program development; web site design


Table 15. Potential contractors and partners

Organization Potential Activities

Northeast Resource Recovery Association (NRRA)

Outreach to schools and businesses; multimedia program development; web site design

Vermont Green Business Program Potential partner that aids businesses with energy efficiency and recycling

Vermont Farm to School Network Potential partner that provides advice to schools on connecting to local area farms

Vermont Agency of Agriculture and Markets Supports school organics programs and pesticide collection

Composting Association of Vermont Organization supporting composting

Vermont Master Composter and Master Gardener programs

University of Vermont program to train people in composting

Bennington County Regional Commission Actions under General (G1-8); program administration; facility siting review; plan updates; actions for sludge and C & D management; managing contracts; etc.

US Ecology, Clean Harbors Environmental Services, Heritage, Tradebe and others

Household hazardous waste disposal

The Alliance will need to work with other contractors for development of the web site and

multi-media programs. In Year 5, the SWIP would be entering the final year, so a new SWIP would need to be developed.

C. Organizational Structure and Governance The Bennington County Solid Waste Alliance is organized through an Interlocal agreement in

accordance with 24 V.S.A. Chapter 24 and includes the towns of Arlington, Bennington, Dorset, Glastenbury, Manchester, Pownal, Rupert, Sandgate, Searsburg, Shaftsbury, Stamford, Sunderland, and Woodford. Representatives are appointed for one- year terms by the Select Boards of the respective towns. The Alliance holds at least two meetings per year, including an annual meeting. Annual objectives and a workplan are based on the adopted SWIP, and funding is apportioned based on population as shown in Appendix I. That will be revised when the 2020 census data is available.

Each town gets at least one vote. Towns with a population greater than 2,000 get a vote for

each 2,000 residents rounded up as shown in Appendix I. For a meeting to be held, business transacted, and votes taken, a majority of member towns must be represented. A majority vote shall be defined as requiring both 1) a majority of the Town Representatives and 2) more than 50% of the total votes of the Towns. A two-thirds vote shall be defined as requiring 1) both two-thirds of the Town Representatives and 2) two-thirds of the total votes of the Towns (Appendix I). The Alliance elects a Chair, Vice Chair, Secretary and Treasurer and submits a budget to the 13 Select Boards for approval.


D. Facility Siting Criteria

New facilities, which are those not listed in Appendix II of this SWIP, would be required to be added to the SWIP via a plan amendment. That process would need to be completed before a facility can be certified by the Vermont Agency of Natural Resources. Application for certification and for inclusion in this plan may be done concurrently. For facilities seeking categorical certification, the Alliance finds that the proposed facility is acceptable under this plan.

A public or private entity desiring to operate a solid waste facility in the BCSWA area shall submit a letter to the Alliance requesting that its facility be included in this Solid Waste Implementation Plan. For categorical certifications, the public or private entity shall submit a letter requesting a determination of whether the proposed facility is acceptable under this plan. Along with that letter, the applicant shall submit a copy of the entity’s completed application for a Vermont Solid Waste Management Facility Certification or Categorical Certification that the applicant is submitting to the State, along with copies of local, state or federal approval applications and any additional information required to sufficiently document satisfaction of the siting criteria specified below. Applicants are advised to begin consultations with the Alliance early in the process.

Solid Waste fFacilities, such as transfer stations, shall be located to:

1. Conform to all local, regional, state, or federal rules, regulations and permitting requirements.

2. Comply with the siting requirements of the Vermont Solid Waste Management Rules. 3. Are prohibited within:

a. Class I and Class II Groundwater Areas; b. Class I and Class II wetlands and their associated buffer zones, as defined in the

Vermont Wetlands Rules, unless allowed by a Wetlands Permit or Conditional Use Determination that has been issued by the Agency;

c. Class III wetlands as and their associated buffer zones, as defined in the Vermont Wetlands Rules, unless allowed by a Wetlands Permit or Conditional Use Determination that has been issued by the Agency;

d. Class III wetlands, as defined by the Vermont Wetlands Rules, unless allowed by a Water Quality Certification that has been issued pursuant to 40 CFR Part 401, or has been waived by the Agency;

e. A National Wildlife Refuge as designated by the United States Fish and Wildlife Service;

f. A wildlife management area as designated by the Agency g. A threatened or endangered species habitat area as designated by the Agency,

except for diffuse disposal facilities h. Floodways, Special Flood Hazard Areas; This criterion does not apply to storage,

transfer or recycling facilities, certified prior to the date of either this plan or the Vermont Solid Waste Rules where there is no expansion of the facility beyond the previously certified waste management boundary;


i. River corridors, except for land application sites as provided in §6-1305; This criterion does not apply to previously certified storage, transfer, or recycling facilities where there is no expansion of the facility beyond the previously certified waste management boundary;

j. A watershed for a Class A Waters, as designated by the Agency; k. Within 500-feet of an Outstanding Resource Water; This criterion does not apply to

previously certified Subchapter 12 storage, transfer, or recycling facilities where there is no expansion of the facility beyond the previously certified waste management boundary;

l. Within Surface Water Protection Areas; m. On slopes greater than 15% grade

4. Have direct access to a state or town road with weight limits sufficient for vehicular traffic that will serve the facility.

5. Receive support from and/or incorporate any changes recommended by the Bennington County Regional Commission during review for potential substantial regional impact or through Act 250 review.

Wastewater treatment facilities shall be located so as to meet the requirements of the Vermont

Agency of Natural Resources. Any such facilities required to have a solid waste certification or a sludge management plan shall be deemed to be included if and when that plan is approved by the Vermont Agency of Natural Resources.

To be included in this plan or to receive a letter of acceptability for categorical certifications,

the facility would need to be approved by resolution of a 2/3 majority of the Alliance Board members at a duly warned meeting of the Alliance as specified in the interlocal agreement creating the Alliance. The Alliance Board may hold one or more public hearings on the proposed facility. The Alliance Board will approve, conditionally approve or deny the request for inclusion or for acceptability in the Plan by resolution within sixty (60) days of an application deemed as complete by the Alliance Board Executive Committee at a special or regularly scheduled Board meeting. The applicant may make a presentation or be available to answer questions.

If a town joins BCSWA after adoption of this SWIP, the solid waste facilities of that town are not

automatically included in this SWIP but will be approved on a case-by-case basis by the Alliance Board. The Alliance will notify the State in writing, in the manner prescribed by the State, of any facility or type of facility that is included in the Plan after completion of the process described in this section. A list of facilities included in the Plan will be maintained by the Alliance and is considered part of this Plan. A facility continues to be included in the Plan if it remains in compliance with all local, state, and federal laws, rules, regulations, and ordinances. If an amendment or renewal of the Vermont Solid Waste Management Facility Certification for a facility included in this Plan includes significant changes in the materials accepted, the process used to manage the materials or the annual tonnages allowed to be managed by the facility, the owners/operators of the facility shall follow the procedures specified in this section to be included in this plan.


The Bennington County Solid Waste Alliance will communicate these requirements with town planning commissions and development review boards so that review can be coordinated, as necessary.

E. Ordinances

Each of the thirteen towns has adopted a pay as you throw ordinance modeled from the VT ANR guidance. Copies of these can be found in Appendix III. Several of the towns have solid waste ordinances addressing other issues. Copies of these can be found in Appendix IV.

IV. References

A. Literature and Reports Bennington County Regional Plan 2015. (adopted March 19, 2015) Bennington County Regional Commission, 111 South St., Suite 203, Bennington, VT. DSM Environmental Services, MSW Consultants, Castleton Polling Institute 2018. Vermont Waste Characterization Final Report. Prepared for the Vermont Department of Environmental Conservation, Solid Waste Program. Infogroup 2020. Data for Bennington County, VT. Infogroup 1020 East 1st St., Papillion, NE University of Vermont 2019. 2019 Vermont Solid Waste Districts, Alliances, Groups, and Independent Towns Study. Produced by the Center for Rural Studies at the University of Vermont. U.S. Census Bureau, 2013-2017 American Community Survey 5-Year Estimates. Available via: https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_17_5YR_S0101&prodType=table. Accessed March 17, 2020. Vermont Agency of Education 2019. Directory of approved and recognized independent schools, approved tutorials, and distance learning schools, other educational programs, and state-operated facilities. Vermont Agency of Education. Available via; https://education.vermont.gov/sites/aoe/files/documents/edu-directory-independent-schools-112119.pdf. Accessed March 19, 2020. Vermont Education Dashboard 2020. Vermont Agency of Education. Available via: https://education.vermont.gov/data-and-reporting/vermont-education-dashboard. Accessed March 19, 2020. Vermont Agency of Natural Resources 2019. Materials Management Plan.

https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_17_5YR_S0101&prodType=table

https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_17_5YR_S0101&prodType=table

https://education.vermont.gov/sites/aoe/files/documents/edu-directory-independent-schools-112119.pdf

https://education.vermont.gov/sites/aoe/files/documents/edu-directory-independent-schools-112119.pdf

https://education.vermont.gov/data-and-reporting/vermont-education-dashboard


Vermont Agency of Natural Resources 2014. Materials Management Plan.

B. Personal Communication Sources See Table 12 for a list of waste management contacts (haulers) that provided information.

C. Sources of Information for Maps Map 1: Vermont Open Geoportal. Available via: https://geodata.vermont.gov Map 2: Vermont Open Geoportal. Available via: https://geodata.vermont.gov Buzz Surwillo, VT ANR Solid Waste Management, Montpelier, VT; BCRC field visits in 2020.

https://geodata.vermont.gov/

PERU

JAMAICA

DORSETRUPERT

POWNAL

WINHALL

DOVER

HALIFAX

STRATTON

NEWFANE

WOODFORD

SANDGATE

ARLINGTON

STAMFORD

MARLBORO

SUNDERLAND

WILMINGTON

SHAFTSBURY

BENNINGTON

MANCHESTER

GLASTENBURY

WHITINGHAM

WESTON

READSBORO

ANDOVER

TOWNSHEND

WINDHAM

SOMERSET

LONDONDERRY

DANBY

WARDSBORO

PAWLET

SEARSBURG

MOUNT TABOR

CHESTER

GUILFORD

GRAFTON

BRATTLEBORO

LANDGROVE

DUMMERSTON

LUDLOW

WINHALL

BROOKLINE

ATHENS

ROWEMONROECOLRAINHEATH

CLARKSBURGWILLIAMSTOWNLEYDEN

FLORIDA

Salem

Hebron

Hoosick

White Creek

Petersburgh

Jackson

Berlin

Hartford

Vermont Towns

Massachusetts Towns

New York Towns

0 5 10 15 202.5Miles¯

Map 1. Bennington CountySolid Waste AllianceTowns

This map was prepared bythe Bennington CountyRegional Commission in

May of 2020. This map is forplanning purposes only. SeeSection IV. C. for data

sources.

ML

ML

MLML

ML

ML

MLML

ML

ML

DORSETRUPERT

POWNAL

WOODFORD

SANDGATE

ARLINGTON

STAMFORD

SUNDERLAND

SHAFTSBURY

BENNINGTON

MANCHESTER

GLASTENBURY

SEARSBURG

7

8 9

5

2

34

6

1

10

Map 2. Bennington County Solid Waste Alliance Facilities

¯ 0 5 10 15 202.5Miles

9

6

2

3

4

5

8

7

1DORSETRUPERT

POWNAL

WOODFORD

SANDGATE

ARLINGTON

STAMFORD

SUNDERLAND

SHAFTSBURY

BENNINGTON

MANCHESTER

GLASTENBURY

SEARSBURG

Service Layer Credits: Sources: Esri, HERE,Garmin, Intermap, increment P Corp., GEBCO,USGS, FAO, NPS, NRCAN, GeoBase, IGN,

Kadaster NL, Ordnance Survey, Esri Japan,METI, Esri China (Hong Kong), (c)OpenStreetMap contributors, and the GIS User

Community

This map was prepared by the Bennington CountyRegional Commission in March of 2020. This map is forplanning purposes only. See Section IV. C. for data

sources.

Transfer Stations Landfills

Label Facility Number Transfer Station

1 BN200Casella Northshire Transfer Station & Recycling Center

2 BN771Casella Waste Management Transfer Station

3 BN980 Casella Hauling Division4 BN741 Shaftsbury Transfer Station5 BN081 and BN082 Bennington Transfer Station

6 BN070Casella Organics Compost Facility (Earthlife)

7 BN580 and BN 581 Pownal Transfer Station8 BN490 Casella Pownal Transfer Station9 BN762 Stamford Transfer Station

10 BN421 Searsburg Transfer Station

Label Facility Number Landfill1 BN670 Rupert Town Landfill2 BN780 Sunderland Waste Management, Inc.3 BN770 Wessner Landfill4 BN740 Shaftsbury Landfill5 BN080 Bennington Town Landfill6 BN030 Burgess Brothers, Inc. C&D Landfill7 BN580 Pownal Town Landfill8 BN590 Pownal Tannery Landfill9 BN420 Searsburg Landfill


Appendix I. Interlocal contract establishing the Bennington County Solid Waste Alliance

Bennington County Solid Waste Alliance Interlocal Contract

This represents an interlocal contract for the management of solid waste for the Towns of Arlington, Bennington, Dorset, Glastenbury, Manchester, Pownal, Rupert, Sandgate, Searsburg, Shaftsbury, Stamford, Sunderland and Woodford, Vermont. This contract is entered into between the Towns of Arlington, Bennington, Dorset, Glastenbury, Manchester, Pownal, Rupert, Sandgate, Searsburg, Shaftsbury, Stamford, Sunderland, and Woodford, in Bennington County, Vermont, acting by and through their respective Select Boards. Whereas, under the 24 V.S.A. § 2202a the Towns of Arlington, Bennington, Dorset, Glastenbury, Manchester, Pownal, Rupert, Sandgate, Searsburg, Shaftsbury, Stamford, Sunderland and Woodford (hereinafter “Towns”) “…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,” and Whereas, the Vermont Legislature adopted Act 148, known as the Universal Recycling Law in 2012, and Whereas, pursuant to the Universal Recycling Law, the Vermont Agency of Natural Resources developed a Materials Management Plan that became effective on November 19, 2019, and Whereas, the Universal Recycling Law requires that solid waste management entities, which include solid waste districts, alliances (including the Bennington County Solid Waste Alliance), groups or municipalities, charged with managing solid waste must develop a Solid Waste Implementation Plan (hereinafter SWIP), consistent with the Materials Management Plan, and Whereas, that plan must be submitted for review by the Vermont Agency of Natural Resources by July 1, 2020, and adopted by the Bennington County Solid Waste Alliance after revisions to address VT ANR comments and following two public hearings, and Whereas, the Towns formed a Joint Municipal Survey Committee (hereinafter the “Committee”) pursuant to 24 V.S.A. Chapter 121, and Whereas, the Committee drafted this Interlocal contract to provide for the performance of services for the management and regulation of solid waste pursuant to Title 10 Chapters 159, 164, 164A, 166, 168 and 201 and Title 24 Chapter 61, and Whereas, the Select Board of the Town of ________ has reviewed the draft Interlocal contract and agreed to enter into the contract following discussion at a warned public meeting,


Now Therefore Be It Resolved that the Town of ____________ agrees to adopt the following Interlocal Contract: Article I. Purpose

The purpose of this Interlocal Contract is to provide for the efficient implementation of the Solid Waste Implementation Plan adopted by the Towns in accordance Vermont Statutes and the Vermont Materials Management Plan prepared by the Vermont Agency of Natural Resources and effective November 19, 2019. The Towns which are parties to this contract shall be known as the Bennington County Solid Waste Alliance (BCSWA). Article II. Duration This Contract shall be in effect following approval of the Select Boards of the member towns. A town may withdraw from this Contract by vote of its Select Board. The withdrawal of one or more Towns shall not dissolve this Contract between the remaining Towns. If two-thirds of the representatives from each participating TOWN determine that it is in the best interest of the member Towns that BCSWA be dissolved, and BCSWA has no outstanding debt or obligations under long-term contracts, or will have no such debt or obligation upon completion of the Plan of Dissolution, BCSWA shall submit a Plan of Dissolution to the Select Boards of the member Towns. An affirmative vote of each of the remaining BCSWA Towns shall dissolve BCSWA according to the Plan of Dissolution. The Plan of Dissolution shall:

1. Identify and assign a value to all BCSWA assets; 2. Identify all BCSWA creditors, liabilities, and obligations; 3. Specify the means by which BCSWA's assets will be liquidated and obligations discharged; 4. Specify the amount of money due from each member Town, if necessary, to discharge the

obligations; 5. Specify the nature and amount of any liabilities or obligations to be assumed and paid by the

member Towns; 6. Specify the means by which any assets remaining after discharge of all liabilities shall be

liquidated, if necessary; 7. Specify that any assets remaining after payment of all liabilities shall be apportioned and

distributed among the member Towns according to the same formula used in apportioning annual assessments.

Article III. Membership Municipalities wishing to join BCSWA after adoption of this contract may be considered by submitting a request to the Chair of BCSWA at least 60 days in advance of a regularly scheduled meeting. The Chair shall add the request to the next meeting agenda. Such municipalities’ admission shall be subject to a two-thirds majority vote as specified in Article IV. Requesting municipalities shall be obligated to pay


the current year’s dues and any other fees determined by the membership. Withdrawal by any member municipality shall take effect at the end of the fiscal year in which it decides to withdraw. All dues must be paid to the end of the fiscal year. No refunds shall be issued for the fiscal year in which the withdrawal takes place or for shares of capital investments or grants received by BCSWA. Article IV. Administration The Bennington County Solid Waste Alliance shall be administered by a Board consisting of one representative from each Town. Each Town gets at least one vote. Towns with a population greater than 2,000 get a vote for each 2,000 residents rounded up as shown in the table below. This allocation will be updated once the 2020 census data is made available. For a meeting to be held, business transacted, and votes taken, a majority of member Towns must be represented. A majority vote shall be defined as requiring both 1) a majority of the Town Representatives and 2) more than 50% of the total votes of the Towns. A two-thirds vote shall be defined as requiring 1) both two-thirds of the Town Representatives and 2) two-thirds of the total votes of the Towns.

Table 1. Example of number of votes for each town based on the 2010 population

Town Number of Votes

2010 Population

Proportion

Arlington 2 2,317 6.61

Bennington 8 15,764 44.96

Dorset 2 2,031 5.79

Glastenbury 1 8 0.02

Manchester 3 4,391 12.52

Pownal 2 3,527 10.06

Rupert 1 714 2.04

Sandgate 1 405 1.16

Searsburg 1 109 0.31

Shaftsbury 2 3,590 10.24

Stamford 1 824 2.35

Sunderland 1 956 2.73

Woodford 1 424 1.21

Total 26 35,060 100.00

Table 2. Number of votes required for a majority and a two-thirds majority

Voting Majority Vote Two-thirds Majority Vote

Number of Towns Required 7 9

Number of Votes Required 14 18


The proportion and number of votes will be updated based on the most recent census data from the U.S. Census and any changes in membership of the Alliance. The Select Boards of each Town shall appoint a representative to serve one year beginning on April 15th of each year, and representatives shall serve at the pleasure of the respective Town Select Board. Towns may also appoint alternate representatives. BCSWA will annually elect a Chair, Vice Chair, Secretary, Treasurer, and others, as necessary. The positions of Secretary and Treasurer may be held by the same individual.

1. Chair: The Chair shall preside at all meetings of the BCSWA, shall sign and make all contracts and agreements in the name of the Bennington County Solid Waste Alliance, shall enforce this contract and perform all the duties incident to the position and office and which are required by law. The Chair shall have authority to sign checks when the Treasurer is not available or is precluded from issuing checks as described below.

2. Vice-chair: During the absence or inability of the Chair to render or perform his/her duties or exercise his/her powers the same shall be performed and exercised by the Vice-Chair who, when so acting, shall have all the powers and be subject to all the responsibilities hereby given to or imposed upon such Chair.

3. Secretary: The secretary shall record all votes and proceedings of BCSWA. 4. Treasurer: The treasurer shall have the care and custody of the funds and securities of BCSWA,

may sign, make or endorse with the consent of and in the name BCSWA all checks and orders for the payment of money and pay out and dispose of the same and receipt therefore, shall keep correct books for account of all its business and transactions and such other books of account as BCSWA may require, and shall do and perform all duties pertaining to the office of treasurer. The treasurer shall not issue checks to his/herself or to the Town he/she represents. Such checks shall be signed by the Chair. The treasurer will be responsible for sending semi-annual bills based on per capita assessments to the individual municipalities.

Election: All officers of BCSWA shall be elected annually by a majority of the Town representatives present as specified in Article IV above at its annual meeting. Removal from Office: An officer may be removed by two thirds vote as specified in Article IV above, whenever, in their judgment, the best interests of the organization will be served thereby. Vacancies: If a representative resigns or can no longer serve, the Select Board of the Town which was represented shall designate a successor within 60 days. Term: The term of office of the officers shall be for one year and until their successors are elected and qualified. Consecutive terms are permissible. Executive Committee: An Executive Committee shall be formed consisting of the duly elected officers (Chair, Vice-Chair, Secretary and Treasurer). The Executive Committee shall have responsibility and authority for making necessary decisions between the regular meetings of the representatives.


Advisory Committee(s): The Alliance Board may request advice from advisory committees consisting of representatives from businesses, schools and institutions on program development and implementation. Meetings: Meetings of BCSWA shall meet at least three times per year at a time and place which shall best serve the convenience of the greatest number of representatives. Notice and Agenda: All notices and agendas of BCSWA meetings announced in accordance with the Open Meetings Law (1 V.S.A. §§ 310-314) and sent to the Town Clerks of the member Towns for posting in town halls and on town websites at least one week in advance of regular meetings and 24 hours in advance of Special or Emergency Meetings. Meetings will also be noticed in Front Porch Forum, the News Guide, the Bennington Banner, and the Manchester Journal. Annual Meetings: Annual meetings shall be held during April or May following the appointment or reappointment of representatives and alternates. Special Meetings: Special Meetings of the members may be called at any time by the Chair and shall be called by the Chair or Vice-Chair, at the request of a majority of the representatives. Emergency meetings may be called with 24 hours’ notice. Notice must comply with the Open Meetings Law (1 V.S.A. §§ 310-314) Article V. Powers and Duties In order to accomplish the Purposes of this Interlocal contract as set forth in Article I, the powers, and duties of BCSWA shall include the following:

1. To manage the business and affairs incident to carrying out the purposes of this contract, including the authority to adopt and amend a Solid Waste Implementation Plan (SWIP), including the addition of new solid waste management facilities, by affirmative vote of a two-thirds vote as specified in Article IV.

2. To establish new programs and facilities for the management of solid waste. 3. To implement actions listed in the SWIP. 4. To enter into contracts to implement the actions in the SWIP and for the provision of solid

waste management programs and services. 5. To provide solid waste management information to member municipalities, schools,

businesses, institutions, property owners and residents. 6. To assist the Towns in matters concerning solid waste including, but not limited to, assistance

with grant applications and administration and the procurement and management of capital equipment.

7. To promote cooperative arrangements and coordinated action among its participating municipalities.

8. To enter into contracts and agreements with partner organizations.


9. To maintain accounts and receive and disperse funds to fulfill this contract and implement the SWIP.

10. To apply for and manage grants from federal and state agencies and nonprofit organizations. 11. To hire and fix compensation of staff or contractors. 12. To carry sufficient insurance to implement the programs of the SWIP. 13. Such other powers and duties that may be granted by the Select Boards of the member Towns

to manage solid waste and implement the SWIP. Article VI. Responsibilities of Member Towns It shall be the responsibility of the government of each municipality participating in BCSWA to do the following:

1. Appropriate sufficient funds to implement the actions specified in the SWIP. 2. Annually appoint a representative (and alternates, if desired) to BCSWA. 3. Participate in Alliance programs to educate and inform residents, schools, businesses,

institutions and solid waste haulers about recycling, reuse, organics management, household hazardous waste reduction and alternatives, and environmentally acceptable waste disposal options.

4. Provide information on Alliance programs, meetings and events in town halls, web sites and social media.

5. Adopt necessary ordinances for the management of solid waste including unit-based pricing and hauler registration, and to implement those ordinances.

6. Work to provide greater shared services between the member Towns. 7. Continue to provide facilities for recycling of banned materials along with organics, textiles,

batteries, and other materials for greater convenience of residents.

Article VII. Budget The budget year of this contract shall be July 1 to June 30th. Per capita assessments shall be billed semi-annually and due upon receipt based on assessments approved by the BCSWA. Per capita assessments will be determined by November 30 for the following year. Assessments shall be proportional based on the population from the most recent census data from the U.S. Census. Article VIII. Limitations of Authority

The Towns that are party to this contract do not relinquish their individual control over the following areas of municipal responsibility and BCSWA is expressly forbidden to exercise the following powers:

1. The authority to tax; 2. The authority to adopt ordinances; 3. The authority to borrow money; 4. The power of eminent domain;


Article IX. Amendments This Contract may be amended, in whole or in part, in the following manner:

1. Approval of proposed amendments shall require the affirmative vote of two thirds of the appointed representatives as described in Article IV.

2. Following that vote, any proposed amendment to this contract shall be mailed to each select board through its chair and Town Clerk, the Town Representative to BCSWA, and the alternate, at least 21 days prior to the meeting at which such amendment is to be acted upon. Notice shall include the specific language of the proposed amendment.

3. The amendment will become effective following approval of the Select Boards of all of the member Towns.

Article X. Severability This contract and its various parts, sentences, sections, and clauses are hereby declared to be severable. If any part, sentence, section, or clause is adjudged invalid, it is hereby provided that the remainder of this contract shall not be affected. Adopted this ____ day of _______________, 20___. ____________________________ Select Board Chair ______________________________ Select Board ______________________________ Select Board ______________________________ Select Board ______________________________ Select Board ______________________________

Attest, Town of _______________ Town Clerk


Appendix II. Facilities within BCSWA Towns

Appendix II.A.. Transfer stations (see Map 2). Facility Hours Services Offered

Bennington Town Recycling Area (BN082)

Hours not specified Asphalt, brick, and concrete recycling

Casella Waste Management Transfer Station (BN081)

M, W, F 8 A to 3P T, TH 8A to 3P

MSW, recyclables, E-Waste, mercury containing bulbs, appliances, clean wood, scrap metal, furniture and bulky waste, C&D, tires, lead-acid batteries, and yard waste

Casella (formerly TAM) Organics Compost Facility (Earthlife) (BN070)

Not open to public Organics facility for collection of food scraps and composting

Casella Northshire Transfer Station and Recycling Center (BN200)

M-F 8A to 2P; S 8A to 12 P MSW, recyclables, E-Waste, mercury containing bulbs, appliances, clean wood, scrap metal, furniture and bulky waste, C&D, tires, lead-acid batteries, and yard waste

Pownal Transfer Station (BN581)

W, F, S 8A to 4P MSW, furniture and bulky waste, scrap metal, E-Waste

Casella (formerly TAM) Pownal Transfer Station (BN490)

Under development – to open in spring of 2015

Recycling and construction and demolition debris

Searsburg (Town) Transfer Station

Open to residents who have paid fee through combination to lock

MSW, recyclables; two “dump days” for household/construction debris, metal, wood, E-Waste, appliances

Casella (formerly TAM) Shaftsbury Handling Facility (BN980)

Commercial facility MSW, recyclables, leaf and yard waste, construction and demolition debris commercial transfer station that will also accept large loads from residential customers

Shaftsbury Transfer Station (BN741

M 7A to 12 P; TH 11 A to 4P; S 7A to 4P

MSW, recyclables, furniture and bulky waste, C&D, appliances, scrap metal, tires

Stamford Transfer Station (BN771)

S 8A to 12P; W 3P to 6 P in Summer

MSW, recyclables, C & D, appliances, scrap metal, primary batteries, propane tanks

Casella Waste Management Transfer Station (BN771)

M, T, TH, F 7:30A to 2P; S 7:30A to 11:30 P

MSW, recyclables, E-Waste, mercury containing bulbs, appliances, clean wood, scrap metal, furniture and bulky waste, C&D, tires, lead-acid batteries, and yard waste

Appendix II.B.. Closed landfills requiring certification every five years (see Map 2).

Facility Location Ownership Bennington Landfill (BN080) Bennington Town of Bennington

Burgess Brothers Construction and Demolition Debris Landfill (BN030)

Woodford Clyde G. Burgess, Jr.


Appendix II.B.. Closed landfills requiring certification every five years (see Map 2).

Facility Location Ownership Pownal Landfill (BN580)6 Pownal Town of Pownal

Pownal Tannery Landfill (BN590) Pownal Town of Pownal

Rupert Town Landfill (BN670) Rupert Town of Rupert

Searsburg Landfill (BN420) Searsburg Town of Searsburg

Shaftsbury Landfill (BN740) Shaftsbury Town of Shaftsbury

Sunderland Landfill (BN780) Sunderland Casella, Inc.

Wessner Landfill (BN 770) Sunderland Casella, Inc.

Appendix II. C. Wastewater Treatment Facilities Arlington School (VT0022934) Arlington Battenkill Valley Supervisory Union7

Bennington (VT0100021) Bennington Town of Bennington

Manchester (VT0100170) Manchester Town of Manchester

Pownal (VT0101281) Pownal Town of Pownal

Appendix III. Pay-As-You-Throw Ordinances Adopted by Alliance Towns

6 There is also a landfill that was not officially closed next to the Pownal Transfer Station. 7 This will likely change to Southwest Vermont Supervisory Union

TOWN OF DORSET

Municipal Solid Waste Variable Rate Pricing and Hauler Registration and Reporting Ordinance Article I: PURPOSE This ordinance is enacted to implement a variable rate pricing system to decrease the disposal of solid waste, increase recycling and composting, increase the diversion and reuse of valuable materials in the solid waste stream and otherwise encourage the responsible use of resources and the protection of the environment, and to provide for equitable and fair pricing for solid waste services. Article II: Statutory Authority The authority for this ordinance is granted in 24 V.S.A. § 1971 (Title 24, Chapter 59, Section 1971), and 24 V.S.A. § 2202a (a) (Title 24, Chapter 61, Subchapter 8, Section 2202a), the power to adopt, amend, repeal, and enforce ordinances, and to manage and regulate the solid waste disposal within its boundaries. 24 V.S.A. § 2202a (d) requires municipalities implement a variable rate pricing system by no later than July 1, 2015. Article III: DEFINITIONS

a. “Collection” shall mean the gathering, pickup, acceptance, and allowance to drop off municipal solid waste by both solid waste haulers and solid waste facilities such as transfer stations where drop off of municipal solid waste is permitted.

b. “Facility” shall mean any site or structure used for treating, storing, processing,

recycling, transferring or disposal of municipal solid waste. A Facility may consist of a one or more treatment, storage, recycling, or disposal operations.

c. “Hauler” shall mean any person that collects, transports, or delivers solid waste generated within the Town of Dorset.

d. “Municipal Solid Waste” hereinafter referred to as “MSW,” means combined household, commercial, and industrial waste materials generated in a given area.

e. “Mandatory Recyclables” include those listed in the Universal Recycling Law such as paper, cardboard, glass, specified plastics and metal.

f. “Organic Materials” include food scraps, leaf and yard waste and other materials that can be diverted from landfills through composting, diverted for agricultural use or treated using anaerobic digestion.

g. “Recycling Methodology” means the method of collection used by the Hauler, i.e., single stream/dual stream, type of containers, truck type, and processing facility.

h. “Variable rate pricing” means a fee structure that charges for MSW Collection based on its weight or volume.

Article IV: VARIABLE RATE PRICING Haulers and Facilities that provide Collection and/or drop-off disposal services for MSW to residential customers shall charge these customers for this service on the basis of the volume or weight of the MSW they produce, which is a pricing system commonly referred to as Variable Rate Pricing. Each Hauler and Facility shall establish a unit-based price to be charged for the Collection/drop-off disposal of each unit of MSW from residential customers. These may be based on a price per pound or a price for each 30-gallon bag or 30-gallon container that is collected or disposed of by a resident. Each larger unit of MSW, such as a 64-gallon container or a 50-gallon bag, shall carry an increased price. The provisions of this subsection shall not be construed to prohibit any Hauler or Facility from establishing rules and regulations regarding the safe maximum weight of bags or containers of municipal solid waste materials. A Hauler or Facility may refuse to collect or allow disposal of any bag or container which is overloaded or which contains a MSW greater than the rated or specified volume or weight of such bag or container, or shall account for and bill the customer for the Collection of such excess MSW. Article V: FLAT FEE In addition to the unit-based price charged per unit of MSW, Haulers and Facilities may, but are not required to, charge a flat fee to residential customers for the purpose of covering operational costs for collecting, transporting, and disposing of MSW. In the event that a Hauler or Facility elects to establish a flat fee, all bills for services provided to residential customers shall clearly show both the flat fee and the unit-based price to maintain transparency. Nothing herein shall prevent or prohibit a Hauler or Facility from charging additional fees for the Collection of materials such as food and yard residuals or bulky items; except however, that no Hauler or Facility may charge a separate line item fee on a bill to a residential customer for the Collection of mandated recyclables after July 1, 2015, in accordance with state statutes. A Hauler or Facility may incorporate the collection cost of mandated recyclables into the cost of the collection of solid waste and may adjust the charge for the collection of solid waste.

Article VI: FILING OF PRICING SYSTEM The Hauler or Facility shall file and submit evidence of their variable rate pricing system, including a breakdown of any and all fees including any flat fees, to the Town of Dorset along with their registration. Article VII: REGISTRATION AND REPORTING Each hauler shall register with the Town annually by December 31st and that registration will be valid for the next calendar year. When registering, the hauler may be required to provide contact information, towns served, type of vehicle, vehicle identification number, license plate number for each vehicle, and the types of services offered including their Recycling Methodology and pay a registration fee as specified on the registration form. Article VIII: PENALTIES AND CIVIL ENFORCMENT a. This ordinance is a civil ordinance and enforcement shall be brought in the judicial

bureau in accordance with 24 V.S.A. §§ 1974a et seq. b. The penalties for violating this ordinance are as follows: 1st offense: Notice of Violation (written warning – demanding Variable rate pricing) Civil Penalty Waiver Fee 2nd offense: $100.00 $50.00 3rd offense: $250.00 $125.00 4th and subsequent offenses: $500.00 $300.00 The waiver fee is paid by a violator who admits or does not contest the violation. Article IX: DESIGNATION OF ENFORCEMENT PERSONNEL For the purposes of this ordinance, the Select Board hereby designates the Bennington County Sheriff’s Department, Town of Dorset First Constable and Vermont State Police with law enforcement authority for this ordinance under Vermont law. Article X: REPEAL OF INCONSISTENT PROVISIONS All ordinances or parts of ordinances, resolutions, regulations, or other documents inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. Article XI: SEVERABILITY

This ordinance and its various parts, sentences, sections, and clauses are hereby declared to be severable. If any part, sentence, section or clause is adjudged invalid, it is hereby provided that the remainder of this ordinance shall not be affected thereby. Article XII: EFFECTIVE DATE This ordinance shall become effective 60 days after the adoption date shown below. A copy of the ordinance may be obtained from Rob Gaiotti, Town Manager 112 Mad Tom Road East Dorset, VT 05253; Phone 802-362-4571 x 3 Or Michael S. Batcher, Bennington County Regional Commission, 111 South St., Suite 203, Bennington, VT 05201, (802) 442-0713 x2, email: [email protected]. Or from the Bennington County Solid Waste Alliance website at www.bcswavt.org Voters of the Town of Dorset must submit a petition for a vote disapproving the proposed amendment to Name, Position, Town of Dorset by whatever date is 44 days after adoption if they feel this amendment should not be adopted. Otherwise the ordinance will become effective on whatever date is 60 days after adoption. Adopted this 17th day of April, 2018. ______________________________ _________________________________ Select Board Chair Select Board ______________________________ _________________________________ Select Board Select Board ______________________________ Select Board ______________________________

Attest, Town of _________ Town Clerk

mailto:[email protected]

TOWN OF GLASTENBURY

Municipal Solid Waste Variable Rate Pricing and Hauler Registration and Reporting Ordinance

Article l: PURPOSE

This ordinance is enacted to implement a variable rate pricing system to decrease the disposalof solid waste, increase recycling and composting, increase the diversion and reuse of valuablematerials in the solid waste stream and otherwise encourage the responsible use of resourcesand the protection of the environment, and to provide for equitable and fair pricing for solidwaste services.

Article ll: Statutory Authority

The authority for this ordinance is granted in 24 V.S.A. 5 197L (Title 24, Chapter 59, Section19711, and 24 V.S.A. 5 22O2a (a) (Title 24, Chapter 6l-, Subchapter 8, Section 22OZa), the powerto adopt, amend, repeal, and enforce ordinances, and to manage and regulate the solid wastedisposalwithin its boundaries. 24 V.S.A. S 2202a (d) requires municipalities implement avariable rate pricing system by no later than July 1, 2015.

Article lll: DEFINITIONS

a. "Collection" shall mean the gathering, pickup, acceptance, and allowance to drop offmunicipal solid waste by both solid waste haulers and solid waste facilities such astransfer stations where drop off of municipal solid waste is permitted.

b. "Facility" shall mean any site or structure used for treating, storing, processing,recycling, transferring or disposal of municipal solid waste. A Facility may consist of aone or more treatment, storage, recycling, or disposal operations.

c. "Hauler" shall mean any person that collects, transports, or delivers solid wastegenerated within the Town of Glastenbury.

d. "Municipal Solid Waste" hereinafter referred to as "MSW," means combined household,commercial, and industrial waste materials generated in a given area.

e. "Mandatory Recyclables" include those listed in the Universal Recycling Law such aspaper, cardboard, glass, specified plastics and metal.

f. "Organic Materials" include food scraps, leaf and yard waste and other materials thatcan be diverted from landfills through composting, diverted for agricultural use ortreated using anaerobic digestion.

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g. "Recycling Methodology" means the method of collection used by the Hauler, i.e., singlestream/dual stream, type of containers, truck type, and processing facility.

h. "Variable rate pricing" means a fee structure that charges for MSW Collection based onits weight or volume.

Article lV: VARIABIE RATE PRICING

Haulers and Facilities that provide Collection and/or drop-off disposal services for MSW toresidential customers shall charge these customers for this service on the basis of thevolume or weight of the MSW they produce, which is a pricing system commonly referredto as Variable Rate Pricing.

Each Hauler and Facility shall establish a unit-based price to be charged for theCollection/drop-off disposal of each unit of MSW from residential customers. These may bebased on a price per pound or a price for each 30-gallon bag or 3O-gallon container that is

collected or disposed of by a resident. Each larger unit of MSW, such as a 64-galloncontainer or a S0-gallon bag, shall carry an increased price.

The provisions of this subsection shall not be construed to prohibit any Hauler or Facilityfrom establishing rules and regulations regarding the safe maximum weight of bags orcontainers of municipal solid waste materials. A Hauler or Facility may refuse to collect orallow disposal of any bag or container which is overloaded or which contains a MSW greaterthan the rated or specified volume or weight of such bag or container, or shall account forand bill the customer for the Collection of such excess MSW.

Article V: FLAT FEE

ln addition to the unit-based price charged per unit of MSW, Haulers and Facilities may, butare not required to, charge a flat fee to residential customers for the purpose of coveringoperational costs for collecting, transporting, and disposing of MSW.

ln the event that a Hauler or Facility elects to establish a flat fee, all bills for servicesprovided to residential customers shall clearly show both the flat fee and the unit-basedprice to maintain transparency.

Nothing herein shall prevent or prohibit a Hauler or Facility from charging additional feesfor the Collection of materials such as food and yard residuals or bulky items; excepthowever, that no Hauler or Facility may charge a separate line item fee on a billto a

residential customer for the Collection of mandated recyclables after July 1, 2015, inaccordance with state statutes. A Hauler or Facility may incorporate the collection cost ofmandated recyclables into the cost of the collection of solid waste and may adjust thecharge for the collection of solid waste.

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Article Vl: FILING OF PRICING SYSTEM

The Hauler or Facility shall file and submit evidence of their variable rate pricing system,including a breakdown of any and all fees including any flat fees, to the Town of Glastenburyalong with their registration.

ATticIe VII: REGISTRATION AND REPORTING

Each hauler shall register with the Town of Glastenbury annually by December 3L't and thatregistration will be valid for the next calendar year. When registering, the hauler may berequired to provide contact information, towns served, type of vehicle, vehicle identificationnumber, license plate number for each vehicle, and the types of services offered including theirRecycling Methodology and pay a registration fee as specified on the registration form. Haulersand Facilities shall report on the quantities of municipal solid waste, organics and mandatedrecyclables collected in the Town for each preceding quarter on April 15th, July 15th, October15th and January L5th of each year on forms to be provided by the Town.

Article VIII: PENALTIES AND CIVIL ENFORCMENT

a. This ordinance is a civil ordinance and enforcement shall be brought in the judicialbureau in accordance with 24 V.S.A. 95 1974a et seq.

b. The penalties for violating this ordinance are as follows:

l-st offense: Notice of Violation (written warning - demanding Variable rate pricing)

Civil Penaltv Waiver Fee2nd offense:3rd offense:4th and subsequent offenses:

s100.0052so.ooSsoo.oo

Sso.oos12s.ooS3oo.oo

The waiver fee is paid by a violator who admits or does not contest the violation.

Article lX: DESIGNATION OF ENFORCEMENT PERSONNET

For the purposes of this ordinance, the Town Supervisor hereby designates theh law enforcement authority for this ordinance under Vermont law.

Article X: REPEAL OF INCONSISTENT PROVISIONS

All ordinances or parts of ordinances, resolutions, regulations, or other documents inconsistentwith the provisions of this ordinance are hereby repealed to the extent of such inconsistency.

p,(. H.

Vermont State Police

Article Xl: SEVERABILITY

This ordinance and its various parts, sentences, sections, and clauses are hereby declared to beseverable. lf any part, sentence, section or clause is adjudged invalid, it is hereby provided thatthe remainder of this ordinance shall not be affected thereby.

Article Xll: EFFECTIVE DATE

This ordinance shall become effective 60 days after the adoption date shown below.

,€rckey /, r{aeRlqral

Town of Sandgate, Vermont Adoption of Pay-as-You-Throw-Ordinance

The Town of Sandgate, in Bennington County, Vermont, has amended the ordinance to implement variable rate pricing, also known as “pay-as-you-throw.” Article I states that the purpose of the ordinance is to decrease the disposal of solid waste, increase recycling and composting and increase the diversion and reuse of materials that would otherwise be sent to landfills. Article II lists the statutory authority of the ordinance as Title 24, Chapter 59, Section 1971 and Title 24, Chapter 61, Subchapter 8, Section 2202a of the Vermont Statutes. Municipalities were required to adopt variable rate pricing under Title 24, Chapter 61, Subchapter 8, Section 2202a (d). Article III provides definitions related to the management of solid waste. Article IV requires haulers and facilities to charge residential customers for managing municipal solid waste based on either weight or volume. Article V provides for haulers and facilities to charge a flat fee for operational costs for collecting, transporting and disposing of municipal solid waste as well as fees for materials such as food and yard residuals or bulky items. Haulers and facilities may not charge for mandated recyclables after July 1, 2015. Article VI requires haulers and facilities to file and submit evidence of their pricing system including a breakdown of all fees. Article VII provides for registration of haulers with the Town of Sandgate and information that may be required for registration. The requirements for and reporting on quantities of municipal solid waste, organics and mandated recyclables collected on a quarterly basis is repealed. Article VIII lists penalties and enforcement mechanisms for this ordinance. Article IX designates the Bennington County Sheriff as the law enforcement authority for this ordinance.

Article X repeals any inconsistent ordinances. Article XI provides for severability so that if a part of this ordinance is found invalid, the remainder will not be affected. Article XII states the ordinance became effective 60 days from the adoption of August 3, 2015. A copy of the ordinance may be obtained from Marge Peff, Town Clerk, 3266 Sandgate Road, Sandgate, VT 05250 Or Michael S. Batcher, Bennington County Regional Commission, 111 South St., Suite 203, Bennington, VT 05201, (802) 442-0713 x2, email: [email protected]. Or from the Bennington County Solid Waste Alliance website at www.bcswavt.org Voters of the Town of Sandgate must submit a petition for a vote disapproving the proposed amendment to: Suzanne dePeyster, Chair, Sandgate Select Board Town of Sandgate 3266 Sandgate Rd Sandgate VT 05250 by November 29, 2017 if they feel this amendment should not be adopted. Otherwise the amended ordinance will become effective on December 15, 2017.

TOWN OF STAMFORD ORDINANCE REGULATING THE

COLLECTION AND DISPOSAL OF SOLID WASTE AND VARIABLE RATE PRICING AND HAULER REGISTRATION AND REPORTING

This ordinance is designated as a civil ordinance pursuant to 24 V.S.A. 1971(b). A violation of this ordinance shall be a civil matter enforced in accordance with the provision of 24 V.S.A. 1974a et seq. and 1977 et seq.

ARTICLE I PURPOSE

This ordinance is enacted to protect the health and welfare of the citizens of Stamford, Vermont, to implement a variable rate pricing system to decrease the disposal of solid waste, increase recycling and composting, increase the diversion and reuse of valuable materials in the solid waste stream and otherwise encourage the responsible use of resources and the protection of the environment, and to provide for equitable and fair pricing for solid waste services.

ARTICLE II STATUTORY AUTHORITY

The authority for this ordinance is granted in 24 V.S.A. § 1971 (Title 24, Chapter 59, Section 1971), and 24 V.S.A. § 2202a (a) (Title 24, Chapter 61, Subchapter 8, Section 2202a), the power to adopt, amend, repeal, and enforce ordinances, and to manage and regulate the solid waste disposal within its boundaries. 24 V.S.A. § 2202a (d) requires municipalities implement a variable rate pricing system by no later than July 1, 2015.

ARTICLE Ill DEFINITIONS

"Authorization" by the Town of Stamford means authorized pursuant to a legal contract or other written authorization entered into by the Town of Stamford and a private third person as defined herein.

"Collection" shall mean the gathering, pickup, acceptance, and allowance to drop off municipal solid waste by both solid waste haulers and solid waste facilities such as transfer stations where drop off of municipal solid waste is permitted.

"Collection box" shall mean a plastic bin or garbage can issued by the Town for the purpose of collecting mandatory recyclables.

"Designated area" shall mean an area designated for storage of solid waste and mandatory recyclables readily accessible at all times by a conventional solid waste collection truck.

Page I of 10

\

"Facility" shall mean any site or structure used for treating, storing, processing, recycling, transferring or disposal of municipal solid waste. A facility may consist of a one or more treatment, storage, recycling, or disposal operations.

"Fire Warden" shall mean the person appointed to office as defined under Vermont Statute

V.S.A. 10, Section 2641.

"Food scraps" shall mean all food and plant waste.

"Hauler" shall mean any person that collects, transports, or delivers solid waste generated within

the Town of Stamford, Vermont.

"Leaf and yard debris" shall mean compostable untreated vegetative matter, including grass clippings, leaves and brush.

"Mandatory recyclables" include those listed in the Universal Recycling Law such as but not limited to paper, cardboard, glass, specified plastics and metal.

"Municipal solid waste" also referred to as "MSW," means combined household, commercial, and industrial waste materials generated in a given area.

"Open fire burning" shall mean burning of solid waste in the open where the products of combustion are emitted directly into the atmosphere without passing through a stack, chimney

or other enclosure.

"Organic materials" include food scraps, leaf and yard waste and other materials that can be diverted from landfills through composting, diverted for agricultural use or treated using

anaerobic digestion.

"Person" shall mean any person, firm, partnership, association, corporation, company or

organization of any kind.

"Recycling methodology" means the method of collection used by the hauler, i.e., single stream/dual stream, type of containers, truck type, and processing facility.

"Resident" shall mean any person whose principal place of residence is within the corporate limits of the town, including, but not limited to homeowners, tenants, business, and

corporations.

"Solid waste" shall mean any solid waste as identified in Title 10 V.S.A. Section 6602.

"Variable rate pricing" means a fee structure that charges for municipal solid waste collection

based on its weight or volume.

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"Waste container" shall mean a metal or plastic garbage can or dumpster with a lid that securely fastens, or a securely tied plastic bag.

ARTICLE IV SOLID WASTE REGULATION

The collection, removal, and disposal of all solid waste within the limits of the Town of Stamford shall be regulated by the Board of Selectmen of the Town of Stamford which have the power to establish the time, method, providers of service and such other regulation as said Board shall promulgate for the orderly provision of such service and the general health, safety, and welfare of the town inhabitants.

ARTICLE V COLLECTION

The Board of Selectmen is authorized to employ or make contracts with individual persons for the separation, recovery, collection, removal, storage, or disposition of solid waste, including mandatory recyclables. The registration fee for collection of solid waste will be set by the Board of Selectmen yearly. Contracts which are awarded pursuant to this authority shall be advertised or otherwise put to competitive bid by authority of the Board of Selectmen. Contracts may be awarded or rejected at the sole discretion of the Board of Selectmen for any reasons which they deem appropriate, including but not limited to, the efficiency of scale, past performance of a contractor, stability of operation and need for competition. The Board of Selectmen may adopt regulations regulating the preparation of solid waste and mandatory recyclables for collection and setting appropriate fees.

All collections and haulers of solid waste in the Town of Stamford shall register with the Board of Selectmen and such registration shall constitute authorization to collect solid waste but not mandatory recyclables. Authorization to collect mandatory recyclables shall be a separate authorization. The Board of Selectmen may set a registration fee.

ARTICLE VI PUBLIC SAFETY

No person having the custody or control of residential, industrial or business premises from which solid waste, including mandatory recyclables, is collected for disposal in the Town of Stamford shall permit or cause any solid waste, including mandatory recyclables, within their control to become a hazard to public travel, health, or safety or to become a nuisance of any sort. Solid waste other than yard waste may not be deposited or otherwise left out of doors unless it has been placed in a proper container as defined by regulations promulgated pursuant to this ordinance. Household hazardous waste may only be disposed of in accordance with state and federal regulations for proper management and disposal.

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Section 1.

ARTICLE VII ILLEGAL DUMPING

Every person within the Town of Stamford limits shall be responsible for proper disposal of his/her own solid waste. A person shall not throw, dump, deposit or cause to be thrown, dumped or deposited: bottles, crockery, cans, plastic, solid waste, junk, paper, garbage, tires, furniture, mattresses, box springs, unregistered and/or uninspected automobiles or parts hereof, organic and inorganic refuse of whatever nature, or any noxious thing on lands of others, public or private, or into the waters of this state, or on the shores or banks thereof, or on a public body of water or public highway. If the throwing, placing or depositing was done from a motor vehicle, except a motorbus, it shall be prima fade evidence that the throwing, placing or depositing was done by the

driver of the motor vehicle.

The disposal of waste material, including solid waste and hazardous waste, is prohibited in the Town of Stamford except at a facility approved for such disposal under the provisions of 10 VSA Chapter 159 (Waste Management) or 24 VSA Chapter 61, Subchapter 10 (Junkyards). This provision shall not prohibit the temporary storage of waste material in a container designed to prevent release of such material pending collection of such waste for disposal at an approved facility.

Nothing in Section 1 above shall apply to normal snow removal operations by the

municipality.

Section 2. It shall be unlawful for any person, business, or corporation to enter any solid waste facility of the Town of Stamford when said facility is not open; nor shall they deposit, dump, or leave solid waste or mandatory recyclables of any kind in any such facility or

adjacent thereto, whenever said facility is not open.

Section 3. It shall be unlawful for any person to deposit, dump, or leave solid waste or mandatory recyclables in any privately owned or maintained disposal container other than their own, nor any other private property, without the consent of the owner.

Section 4. It shall be unlawful to deposit in a municipally owned or maintained disposal container any solid waste or mandatory recyclables other than that created or originated in any public buildings, grounds, or highways in the Town of Stamford or on the person of anyone using said public buildings, grounds, or highways.

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ARTICLE VIII OPEN FIRES

For regulations on open fires, please see contact the Town Fire Warden for guidance.

ARTICLE IX LEAF AND YARD DEBRIS

No leaf and yard debris shall be disposed of with municipal solid waste, but shall be disposed of in one of the following alternative disposal mechanisms:

a. Resident~ are encouraged to compost yard waste in a pile, windrow, or designated container in their backyards.

b. Leaf and yard debris may be disposed of at the Stamford transfer station after July 1, 2015 in accordance with the instructions and schedule established by the Board of Selectmen.

ARTICLE X FOOD SCRAPS

The town is offering the following alternative disposal mechanism for the disposal of food scraps:

a. Residents are encouraged to compost food scraps in a pile, windrow, or designated container in their backyards.

b. Food scraps may be disposed of at the Stamford transfer station beginning July 1, 2017 in accordance with the instructions and schedule established by the Board of Selectmen. As of July 1, 2020 food scraps will be banned from the landfill.

ARTICLE XI FILING OF PRICING SYSTEM

The hauler or facility shall file and submit evidence of their variable rate pricing system, including a breakdown of any and all fees including any flat fees, to the Town of Stamford along with their registration.

ARTICLE XII SEPARATION OF MANDATORY RECYCLABLES

Section 1. Except as hereinafter provided, mandatory recyclables as defined herein, from all residences shall be kept separate from other solid waste, either delivered to a private or

Page 5 of 10

town collection facility or designated area, as defined in regulations adopted pursuant to

this ordinance.

Section 2. Apartments, condominiums, businesses, institutions, and industries located within the Town of Stamford shall separate mandatory recyclables from all other solid waste in

accordance with regulations adopted pursuant to this ordinance and have an area designated for mandatory recyclables as defined herein. The area so designated shall be

clearly marked.

Section 3. In accordanc('! with regulations adopted pursuant to this ordinance, any person within the Town of Sta~ford rnay properly dispose of mandatory recyclables at private collection

facilities or at areas maintained by the Town of Stamford or its designated agent for that purpose. Mandatory recyclables as defined herein, shall be separated according to the

standards that shall be promulgated as regulated pursuant to this ordinance by the Board

of Selectmen.

Section 4. Placement requirements may be waived for reasons of age, infirmity or handicap.

ARTICLE XIII COLLECTION BY UNAUTHORIZED PERSON

It shall be a violation of this ordinance for any person not authorized by the Town of Stamford to collect or pick up or cause to be collected or picked up any solid waste, including mandatory

recyclables. Any and each such collection shall constitute a separate and distinct offense

punishable as hereinafter provided.

Section 1.

ARTICLE XIV PLACEMENT OF MUNICIPAL SOLID WASTE

AND MANDATORY RECYCLABLES FOR COLLECTION

Municipal solid waste shall be placed for collection in the proper waste containers

at the town transfer station.

Section 2. All mandatory recyclables shall be prepared and separated into the designated containers

at the transfer station in accordance with instructions provided to the residents and posted at the transfer station by the Board of Selectmen. Said instructions or changes

thereto shall be based on existing material market conditions.

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ARTICLE XV REQUIREMENT OF AUTHORIZED HAULERS AND FACILITIES

Section 1. No person shall collect municipal solid waste or mandatory recyclables placed at the designated area unless they are authorized by the town. Licenses shall be obtained from the Board of Selectmen. Authorization and licenses to collect solid waste and mandatory recyclables may be suspended or revoked by the Board of Selectmen for failure to abide by these regulations.

Section 2. Each hauler shall register with the Town of Stamford annually by December 3151 and that registration will be valid for the next calendar year. When registering, the hauler may be required to provide contact information, towns served, type of vehicle, vehicle identification number, license plate number for each vehicle, and the types of services offered including their recycling methodology and pay a registration fee as specified on the registration form.

Section 3. Haulers and facilities that provide collection and/or drop-off disposal services for municipal solid waste to residential customers shall charge these customers for this service on the basis of the volume or weight ofthe municipal solid waste they produce, which is a pricing system commonly referred to as variable rate pricing.

Each hauler and facility shall establish a unit-based price to be charged for the collection/drop-off disposal of each unit of municipal solid waste from residential customers. These may be based on a price per pound or a price for each 30-gallon bag or 30-gallon container that is collected or disposed of by a resident. Each larger unit of municipal solid waste, such as a 64-gallon container or a SO-gallon bag, shall carry an increased price.

The provisions of this subsection shall not be construed to prohibit any hauler or facility from establishing rules and regulations regarding the safe maximum weight of bags or containers of municipal solid waste materials. A hauler or facility may refuse to collect or allow disposal of any bag or container which is overloaded or which contains a municipal solid waste greater than the rated or specified volume or weight of such bag or container, or shall account for and bill the customer for the collection of such excess municipal solid waste.

Section 4. No hauler or facility shall knowingly collect municipal solid waste which does not have mandatory recyclables and leaf and yard debris separated from it after July 1, 2015. No hauler or facility shall knowingly collect municipal solid waste which does not have food scraps separated from it after July 1, 2020.

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Section 5. In addition to the unit-based price charged per unit of municipal solid waste, haulers and facilities may, but are not required to, charge a flat fee to residential customers for the purpose of covering operational costs for collecting, transporting, and disposing of

municipal solid waste.

In the event that a hauler or facility elects to establish a flat fee, all bills for services provided to residential customers shall clearly show both the flat fee and the unitbased price to maintain transparency.

Nothing herein shall prevent or prohibit a hauler or facility from charging additional fees for the collection of materials such as food and yard residuals or bulky items; except however, that no hauler or facility may charge a separate line item fee on a bill to a residential customer for the collection of mandatory recyclables after July 1, 2015, in accordance with state statutes. A hauler or facility may incorporate the collection cost of mandatory recyclables into the cost of the collection of solid waste and may adjust the charge for the collection of solid waste.

Section 6. Haulers shall report to the Town of Stamford's Board of Selectmen any obvious violations of these regulations by a resident, hauler, or any other person.

Section 7. Any rejected municipal solid waste and/or mandatory recyclables not properly separated or placed in accordance with these regulations shall be the sole responsibility of that resident and shall be retrieved by the resident within 24 hours and properly separated for

disposal.

Section 8. Failure to abide by these regulations may cause suspension or revocation of any authorization or license or enforcement of any other penalties provided by law.

Section 1.

ARTICLE XVI PENALTIES AND ENFORCEMENT

The Traffic and Municipal Ordinance Bureau -Any individual, commercial, resident, nonresident, collector/hauler who violates any provisions of this ordinance shall be subject to a civil penalty of up to $500.00 per day for each day that such violation continues. The Board of Selectmen, Administrative Officer, Health Officer or any law enforcement officer may act as an issuing Municipal Officer and issue and pursue before the Traffic and Municipal Ordinance Bureau a municipal complaint for a violation of this ordinance.

Right to Civil Enforcement - In addition to the enforcement procedures available before the Traffic and Municipal Ordinance Bureau, the town is authorized to utilize the

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procedures set forth in 24 VSA Chapter 61, subchapter 12 (2297 et seq.) (Appendix C), commence a civil action to obtain injunctive and other appropriate relief or to pursue any other remedy authorized by law.

Section 2. The Town of Stamford, or its designated agent, reserves the right to refuse to collect solid waste orto refuse to allow disposal at any facility operated by the town or for the benefit of the town where this ordinance or the regulations promulgated hereunder are ignored or violated. The town further reserves the right to terminate the authorization of any hauler who violates this ordinance or the regulation promulgated hereunder.

Section 3. Unless otherwise provided for herein, each day that a violation shall continue or exist shall constitute a separate offense.

Section 4. The Town of Stamford may, upon the violation of any provision of this ordinance, maintain an action to enjoin the violation of these ordinances, or any regulations adopted to implement the same, but the election of the town to proceed with an application or petition for an injunction shall not prevent a criminal prosecution for the violation of this ordinance. Expenses incurred by such action shall be recovered by the person whose

legal duty it was to comply with these ordinances.

Section 5. Civil Penalty of Ordinance Violation -An issuing Municipal Officer is authorized to recover civil penalties in the following amounts, in addition to the cost of cleanup, for each violation of this ordinance. The amount and the date for acceptance of the civil penalty shall be affixed to the complaint or notice.

First Offense Second Offense Third Offense Fourth Offense Fifth and Subsequent Offenses

$100.00 $200.00 $300.00 $400.00 $500.00

Waiver fees for Municipal Complaint -A waiver fee of one-half the civil penalty to which a violator is subject shall be assessed for those who admit or do not contest the ordinance violation. The amount and the date for acceptance of the waiver fee shall be affixed to the complaint or notice.

First Offense Second Offense Third Offense Fourth Offense Fifth and Subsequent Offenses

$ SO.OD $100.00 $150.00 $200.00 $250.00

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Offenses shall be counted on a calendar year basis.

In determining whether to affirm, modify or reverse an order for a civil penalty, the environmental court shall consider the factors set forth in subsection 2297a(a) of this

title.

If the respondent does not request a hearing on a final order within ten days of receipt of

the order, the final order shall stand.

ARTICLE XVII INCONSISTENT REPEAL

All ordinances or parts of ordinances, resolutions, regulations or other documents inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.

ARTICLE XVIII SEVERABILITY

This ordinance and the various parts, sentences, sections and clauses thereof, are hereby declared to be severable. If any part, sentence, section, or clause is adjudged invalid, it is hereby provided that the remainder of this ordinance shall not be affected thereby.

ARTICLE XIX EFFECTIVE DATE


Adopted this 5th day of October , 2017.

~4J-r Board of Selectmen

Board of Selectmen

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TOWN OF WOODFORD

Municipal Solid Waste Variable Rate Pricing and Hauler Registration and Reporting Ordinance

Article I: PURPOSE

This ordinance is enacted to implement a variable rate pricing system to decrease the disposal of solid waste, increase recycling and composting, increase the diversion and reuse of valuable materials in the solid waste stream and otherwise encourage the responsible use of resources and the protection of the environment, and to provide for equitable and fair pricing for solid waste services.

Article II: Statutory Authority

The authority for this ordinance is granted in 24 V.S.A. § 1971 (Title 24, Chapter 59, Section 1971), and 24 V.S.A. § 2202a (a) (Title 24, Chapter 61, Subchapter 8, Section 2202a), the power to adopt, amend, repeal, and enforce ordinances, and to manage and regulate the solid waste disposal within its boundaries. 24 V.S.A. § 2202a (d) requires municipalities implement a variable rate pricing system by no later than July 1, 2015.

Article Ill: DEFINITIONS

a. "Collection" shall mean the gathering, pickup, acceptance, and allowance to drop off municipal solid waste by both solid waste haulers and solid waste facilities such as transfer stations where drop off of municipal solid waste is permitted.

b. "Facility" shall mean any site or structure used for treating, storing, processing, recycling, transferring or disposal of municipal solid waste. A Facility may consist of a one or more treatment, storage, recycling, or disposal operations.

c. "Hauler" shall mean any person that collects, transports, or delivers solid waste generated within the Town of Woodford.

d. "Municipal Solid Waste" hereinafter referred to as "MSW," means combined household, commercial, and industrial waste materials generated in a given area.

e. "Mandatory Recyclables" include those listed in the Universal Recycling Law such as paper, cardboard, glass, specified plastics and metal.

f. "Organic Materials" include food scraps, leaf and yard waste and other materials that can be diverted from landfills through composting, diverted for agricultural use or treated using anaerobic digestion.

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g. "Recycling Methodology" means the method of collection used by the Hauler, i.e., single stream/dual stream, type of containers, truck type, and processing facility.

h. "Variable rate pricing" means a fee structure that charges for MSW Collection based on its weight or volume.

Article IV: VARIABLE RATE PRICING

Haulers and Facilities that provide Collection and/or drop-off disposal services for MSW to residential customers shall charge these customers for this service on the basis of the volume or weight of the MSW they produce, which is a pricing system commonly referred to as Variable Rate Pricing.

Each Hauler and Facility shall establish a unit-based price to be charged for the Collection/drop-off disposal of each unit of MSW from residential customers. These may be based on a price per pound or a price for each 30-gallon bag or 30-gallon container that is collected or disposed of by a resident. Each larger unit of MSW, such as a 64-gallon container or a SO-gallon bag, shall carry an increased price.

The provisions of this subsection shall not be construed to prohibit any Hauler or Facility from establishing rules and regulations regarding the safe maximum weight of bags or containers of municipal solid waste materials. A Hauler or Facility may refuse to collect or allow disposal of any bag or container which is overloaded or which contains a MSW greater than the rated or specified volume or weight of such bag or container, or shall account for and bill the customer for the Collection of such excess MSW.

Article V: FLAT FEE

In addition to the unit-based price charged per unit of MSW, Haulers and Facilities may, but are not required to, charge a flat fee to residential customers for the purpose of covering operational costs for collecting, transporting, and disposing of MSW.

In the event that a Hauler or Facility elects to establish a flat fee, all bills for services provided to residential customers shall clearly show both the flat fee and the unit-based price to maintain transparency.

Nothing herein shall prevent or prohibit a Hauler or Facility from charging additional fees for the Collection of materials such as food and yard residuals or bulky items; except however, that no Hauler or Facility may charge a separate line item fee on a bill to a residential customer for the Collection of mandated recyclables after July 1, 2015, in accordance with state statutes. A Hauler or Facility may incorporate the collection cost of mandated recyclables into the cost of the collection of solid waste and may adjust the charge for the collection of solid waste.

[email protected] <[email protected]> To: [email protected] Thu, Jul 23, 2015 at 5:48 AM

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Article VI: FILING OF PRICING SYSTEM

The Hauler or Facility shall file and submit evidence of their variable rate pricing system,

including a breakdown of any and all fees including any flat fees, to the Town of Woodford

along with their registration.

Article VII: REGISTRATION AND REPORTING

Each hauler shall register with the Town Woodford annually by December 31st and that registration will be valid for the next calendar year. When registering, the hauler will be required to provide contact information, towns served, type of vehicle, vehicle identification number, license plate number for each vehicle, and the types of services offered including their Recycling Methodology and pay a registration fee as specified on the registration form. Haulers

and Facilities shall report on the quantities of municipal solid waste, organics and mandated recyclables collected in the Town for each preceding quarter on April 15th, July 151

h, October 15th and January 151h of each year on forms to be provided by the Town.

Article VIII: PENALTIES AND CIVIL ENFORCMENT

a. This ordinance is a civil ordinance and enforcement shall be brought in the judicial bureau in accordance with 24 V.S.A. §§ 1974a et seq.

b. The penalties for violating this ordinance are as follows:

1st offense: Notice of Violation (written warning-demanding Variable rate pricing)

2nd offense: 3rd offense: 4th and subsequent offenses:

Civil Penalty $100.00 $250.00 $500.00

Waiver Fee $50.00

$125.00 $300.00

The waiver fee is paid by a violator who admits or does not contest the violation.

Article IX: DESIGNATION OF ENFORCEMENT PERSONNEL

For the purposes of this ordinance, the Select Board hereby designates the Bennington County Solid Waste Alliance attorney, or any authorized law enforcement officer with law enforcement authority for this ordinance under Vermont law.

Article X: REPEAL OF INCONSISTENT PROVISIONS

All ordinances or parts of ordinances, resolutions, regulations, or other documents inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.

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Article XI: SEVERABILITY

This ordinance and its various parts, sentences, sections, and clauses are hereby declared to be severable. If any part, sentence, section or clause is adjudged invalid, it is hereby provided that the remainder of this ordinance shall not be affected thereby.

Article XII: EFFECTIVE DATE


July, 2015.

Sel Board Chair .,, ./ .. ,· / /

/,.c, /~;,~ / sc'lect Board

Select Board

Select Board

Select Board

Attest, Town of Woodford Town Clerk

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