Miscellaneous

V.S.A. tit. 24 Appendix, ch. 401, subch. 6

in effect

24 App. V.S.A. ch. 401, § 51 Withdrawal of member municipality

51. Withdrawal of member municipality A member municipality may withdraw from the District upon the terms and conditions specified in this section: (1) Withdrawal during a period of 12 months from the establishment of the District. (A) The Board of Supervisors shall not enter into any long-term contract (meaning for a term of more than 12 months) or call a special meeting on incurring long-term debt for a period of 12 months from the date the District becomes a body politic and corporate. (B) A vote of withdrawal taken after the District has become a body politic and corporate but less than 12 months after that date shall be null and void. (C) After the expiration of 12 months from the date the District becomes a body politic and corporate, a member municipality may vote to withdraw in the manner set forth in this section. If a majority of the voters of a member municipality present and voting at a meeting duly warned for such purpose shall vote to withdraw from the District, the vote shall be certified by the clerk of that municipality and presented to the Board of Supervisors. Thereafter, the Board shall give notice to the remaining member municipalities of the vote to withdraw and shall hold a meeting to determine if it is in the best interests of the District to continue to exist. Representatives of the member municipalities shall be given an opportunity to be heard at such meeting, together with any other interested persons. After such a meeting, the Board of Supervisors may declare the District dissolved immediately or as soon thereafter as the financial obligations of the District and of each member municipality have been satisfied, or it may declare the District shall continue to exist despite the withdrawal of such member municipality. The membership of the withdrawing municipality shall terminate as soon after such vote to withdraw as the financial obligations of said withdrawing municipality have been paid to the District. (2) Withdrawal after District bond vote or entry into long-term contract. (A) Notwithstanding subdivision (1)(C) of this section, if a member municipality votes to withdraw after the District has voted to bond itself for construction and improvements or to enter a long-term contract, as defined in section 36 of this chapter, the Board of Supervisors shall hold a meeting to determine if it is in the best interests of the District to continue to exist only after the municipality proposing to withdraw has submitted a plan to the Board of Supervisors, which shall at a minimum provide: (i) That the withdrawing municipality shall continue to be jointly and severally liable with the other member municipalities of the District for all such bonded indebtedness and any long-term contract, as well as any temporary loans in anticipation of the sale of such bonds or receipt of grants-in-aid under 24 V.S.A. § 1773. (ii) That the withdrawing municipality shall, at least 10 days before any payment is due from the District on such bonded indebtedness, or on any such long-term contract or temporary loan, pay to the District a percentage of such District payment determined on the basis of relative quantities of solid waste disposed of by each member municipality (including the withdrawing municipality) in the calendar year immediately prior to the vote of withdrawal if in the judgment of the Board, those quantities can be adequately determined, or, on the basis of population determined as published by the Department of Health, most immediately prior to the vote of withdrawal, should the Board conclude that such relative waste quantities cannot be adequately determined. (iii) That the withdrawing municipality shall pay a share of each assessment levied under subsection 33(c) of this chapter and due under section 34 of this chapter. Such share of each assessment shall be based upon the same percentage utilized in subdivision (ii) of this subdivision (A) and shall be due and payable on the dates specified by the Board in section 34. (iv) That the withdrawing municipality shall comply with all the provisions of the plan and pay all reasonable attorney’s fees and other costs incurred by the District as a result of any default in making a payment when due, and that the full faith and credit of such municipality shall be pledged to making all payments where due. (B) The plan shall be executed by a majority of the legislative body of the withdrawing municipality, or a person duly authorized by the legislative body, and shall be accompanied by the certification of the clerk of such municipality that at the meeting when the vote of withdrawal occurred, the voters of such municipality also voted to authorize the legislative body to execute and file a plan pursuant to this subdivision (2) with the Board of Supervisors, and further certifying that the time for petitioning to rescind such vote has passed, and no petition to rescind has been filed. Execution of the plan as set forth in this section shall constitute the municipality’s agreement to comply with all the terms and conditions of the plan following withdrawal. (C) Following the filing of such plan, and the meeting required by this section, the Board shall, unless it declares the District dissolved as provided in this section, permit such municipality to withdraw upon condition that it comply with all the terms of the plan.

24 App. V.S.A. ch. 401, § 52 Admission of new member municipalities

52. Admission of new member municipalities The Board of Supervisors may authorize the inclusion of additional member municipalities in the District upon such terms and conditions as it in its sole discretion shall deem to be fair, reasonable, and in the best interests of the District. The legislative branch of any nonmember municipality that desires to be admitted to the District shall make application for admission to the Board of Supervisors of the District. The Board shall determine the effects and impacts that are likely to occur if such municipality is admitted and shall thereafter either grant or deny authority for admission of the petitioning municipality. If the Board grants such authority, it shall also specify any terms and conditions, including financial obligations, upon which such admission is predicated. The petitioning municipality shall thereafter comply with the approval procedures specified in 24 V.S.A. chapter 121. If a majority of the voters of the petitioning municipality present and voting at a meeting of such municipality duly warned for such purpose shall vote to approve the agreement and the terms and conditions for admission, the vote shall be certified by the clerk of that municipality to the Board of Supervisors. Thereafter, upon satisfactory performance of the terms and conditions of admission, said municipality shall by resolution of the Board of Supervisors become and thereafter be a member municipality of the District.

24 App. V.S.A. ch. 401, § 53 Dissolution of District

53. Dissolution of District (a) Dissolution by Board of Supervisors. If the Board of Supervisors by resolution determines that it is in the best interests of the public, the member municipalities, and the District that the District be dissolved, and if the District then 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, it shall prepare a plan of dissolution and thereafter adopt a resolution directing that the question of such dissolution and the plan of dissolution be submitted to the voters of the District at a special meeting of the District duly warned for such purpose. The vote required for passage of such resolution shall be as prescribed in section 14 of this chapter, except that the votes of the representatives of two-thirds of the member municipalities and two-thirds of the votes cast shall be required for adoption. If two-thirds of the voters of the District present and voting at such special meeting of the District duly warned for such purpose shall vote to dissolve the District and approve the plan of dissolution, the District shall cease to conduct its affairs, except insofar as may be necessary for the winding up thereof. The Board of Supervisors shall immediately cause a notice of the proposed dissolution to be mailed to each known creditor of the District and to the Secretary of State and shall proceed to collect the assets of the District and apply and distribute them in accordance with the plan of dissolution. (b) Dissolution pursuant to petition. In the event of a vote pursuant to the petition of the voters for dissolution under section 39 of this chapter, the Board of Supervisors shall proceed to prepare and adopt a plan of dissolution and upon adoption of the plan, the District shall then cease to conduct its affairs, except insofar as necessary for the winding up thereof, and the Board shall cause a notice of the proposed dissolution to be mailed to each known creditor of the District and to the Secretary of State, and shall proceed to collect the assets of the District and apply and distribute them in accordance with the plan of dissolution. (c) Plan of dissolution. The plan of dissolution shall: (1) identify and value all unencumbered assets of the District; (2) identify and value all encumbered assets of the District; (3) identify all creditors of the District and the nature or amount of all liabilities and obligations of the District; (4) identify all obligations under long-term contracts; (5) specify the means by which assets of the District shall be liquidated and all liabilities and obligations of the District shall be paid and discharged, or adequate provision shall be made for the satisfaction thereof; (6) specify the amount of monies due from each member municipality, if necessary, to extinguish the liabilities of the District; (7) specify the nature and amount of any liabilities or obligations to be assumed and paid by the member municipalities; (8) specify the means by which any assets remaining after the discharge of all liabilities shall be liquidated if necessary; (9) specify that any assets remaining after payment of all liabilities shall be apportioned and distributed among the member municipalities according to the same basic formula used in apportioning the annual assessments of the District. (d) Termination. When the plan of dissolution has been implemented, the Board of Supervisors shall adopt a resolution certifying that fact to the member municipalities, whereupon this chapter and the District created shall be terminated.

24 App. V.S.A. ch. 401, § 54 Amendment of this chapter

54. Amendment of this chapter (a) The Board of Supervisors may amend this chapter by the procedure set out in this section. Any vote of the Board required under this section shall be as prescribed in section 14 of this chapter, except that the votes of the representatives of two-thirds of the member municipalities and two-thirds of the votes cast shall be required for adoption. The Board of Supervisors at any regular or special meeting of the Board of Supervisors may pass a resolution stating their intent to amend this chapter. A written copy of the resolution, stating the wording of the amendment and the purpose of the amendment, and the date of a Board meeting scheduled to act on the amendment, shall be delivered to the legislative branches of each municipality and mailed or left at the usual place of residence of each member of the Board of Supervisors at least 30 business days prior to the meeting scheduled to adopt the amendment. The amendment shall be considered adopted by the Board of Supervisors 30 business days following approval of the Board. However, if a majority of the legislative branches of member municipalities request a special District meeting within such a 30-day period, a special District meeting shall be held on the question of approval of the proposed amendment as provided in subchapter 5 of this chapter, and the amendment shall not be adopted unless approved by the District voters. (b) Upon adoption by the Board of Supervisors or approval of the voters, the amendment shall be submitted and acted on by the General Assembly in accordance with the provisions of 17 V.S.A. § 2645. The amendment shall become effective upon affirmative enactment of the proposal, either as proposed or as amended by the General Assembly. For the purposes of this section, this chapter shall be considered a municipal charter. (c) This chapter may be amended from time to time in the manner provided in this chapter, but no such amendment shall be made that shall substantially impair the rights of the holders of any bonds or other evidence of indebtedness or substantially affect any obligations under long-term contracts of the District then outstanding or in effect, or the rights of the District to procure the means for payment, continuation, or termination thereof.

24 App. V.S.A. ch. 401, § 55 Severability

55. Severability Should any court of competent jurisdiction judge any term, phrase, clause, sentence, or provision of this chapter to be invalid, illegal, or unenforceable in any respect, such judgment shall not affect the validity, legality, or enforceability of the chapter as a whole or any other part of this chapter.

24 App. V.S.A. ch. 401, § 56 Definitions

56. Definitions In this chapter, the following definitions apply: (1) “Solid waste” means any discarded garbage, refuse, septage, sludge from a waste treatment plant, water supply plant, or pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining, or agricultural operations and from community activities but does not include animal manure and absorbent bedding used for soil enrichment or solid or dissolved materials in industrial discharges that are point sources subject to permits under 10 V.S.A. chapter 47. (2) “Hazardous waste” means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form, including those that are toxic, corrosive, ignitable, reactive, strong sensitizers, or that generate pressure through decomposition, heat, or other means, which in the judgment of the Secretary of the Agency of Natural Resources or his or her duly authorized representative may cause, or contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, taking into account the toxicity of such waste, its persistence and degradability in nature, and its potential for assimilation, or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or other living organisms, or any matter that may have an unusually destructive effect on water quality if discharged to ground or surface waters of the State. All special nuclear, source, or byproduct material, as defined by the Atomic Energy Act of 1964 and amendments thereto, codified in 42 U.S.C. § 2014, is specifically excluded from this definition. (3) “Population” shall be established for the purpose of determining the number of votes to be cast by municipal representatives, amounts of municipal assessments, and other purposes under this chapter, by reference to the official Department of Health population estimate (including group quarters or institutional population) as published most recently preceding the beginning of the District’s fiscal year in which the vote is being cast, assessment being determined, or other action is occurring that requires a determination of population. Except for purposes of determining amounts due under subdivision 51(2)(A)(ii) of this chapter, the most recent publication prior to a vote of withdrawal shall be used. In the event the Department of Health ceases to publish population estimates, the Board of Supervisors may designate another appropriate publication containing population estimates for purposes of establishing population. (4) “Solid waste facility” means all contiguous lands, structures, other appurtenances and improvements on the land, used for treating, storing, or disposing of waste. A facility may consist of several treatment, storage, or disposal operational units.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/24APPENDIX/401Fetched: 10/21/2026