Expanded Polystyrene Foam

V.S.A. tit. 10, ch. 47, subch. 2B

in effect

10 V.S.A. § 1321 Definitions

1321. Definitions As used in this subchapter: (1) “Buoy” means any float or marker that is attached to a mooring anchor and either is suitable for attachment to a boat through the use of a pennant or other device or facilitates the attachment of the boat to the mooring anchor. (2) “Dock” means an unenclosed structure secured to land, land under waters, or a mooring or a floating structure that is used for mooring boats or for recreational activities, such as a swimming, fishing, or sunbathing platform. A dock includes a structure that is partially enclosed or has two or more levels. (3) “Encapsulated” means a protective covering or physical barrier between the polystyrene device and the water. (4) “Expanded polystyrene foam” means a thermoplastic petrochemical material utilizing the styrene monomer that is processed according to multiple techniques, including fusion of polymer spheres, injection molding, form molding, and extrusion-blow molding. (5) “Floating structure” means a structure constructed on or in a water of the State that is supported by flotation and is secured in place by a piling or mooring anchor, including boathouses, fueling structures, floating homes, marinas, walkways, or boarding platforms. (6) “Mooring anchor” means any anchor or weight that is designed to: (A) rest on the land under water or be buried in the land under water; (B) be attached to a buoy or floating structure by a chain, rope, or other mechanism; and (C) be left in position permanently or on a seasonal basis. Added 2023, No. 121 (Adj. Sess.), § 26, eff. July 1, 2024.

10 V.S.A. § 1322 Installation, repair, removal, and sale of buoys, docks, or floating structures

1322. Installation, repair, removal, and sale of buoys, docks, or floating structures (a) Encapsulation required. Expanded polystyrene foam used for flotation, including buoys, docks, or floating structures, shall be encapsulated by a protective covering or shall be designed to prevent the expanded polystyrene foam from disintegrating into the water. (b) Prohibition; unencapsulated polystyrene and open-cell (beaded) polystyrene; repair. No person shall use unencapsulated polystyrene or open-cell (beaded) polystyrene for the installation of a new buoy, dock, or floating structure on the waters of the State. Unencapsulated polystyrene materials and open-cell beaded polystyrene shall not be used for the repair of buoys, docks, or floating structures on waters of the State. (c) Methods of encapsulation. (1) Encapsulation of a buoy, dock, or floating structure required under subsection (a) of this section shall completely cover or be a physical barrier between the expanded polystyrene foam and the water. Small gaps up to 0.75-inch-diameter ballast holes are permitted in the physical barrier or covering provided they are 0.1 percent or less of the square footage of the buoy, dock, or floating structure. (2) All materials and methods of encapsulation shall provide an effective physical barrier between the expanded polystyrene foam and the water for a period not less than 10 years. Any fasteners used to hold encapsulation materials together shall be effectively treated or be of a form resistant to corrosion and decay. (d) Disposal. Irreparable encapsulated polystyrene, unencapsulated polystyrene, and irreparable encapsulated open-cell (beaded) polystyrene used for flotation, including buoys, docks, or floating structures, shall be properly disposed of in an approved manner. (e) Sale or distribution. No person shall sell, offer for sale, or otherwise distribute for compensation within the State dock floats, mooring buoys, or anchor or navigation markers made, in whole or in part, from expanded polystyrene foam that is: (1) not wholly encapsulated or encased within a more durable material; or (2) open-cell (beaded) polystyrene, including materials that are encapsulated and unencapsulated. Added 2023, No. 121 (Adj. Sess.), § 26, eff. July 1, 2024.

10 V.S.A. § 1323 Nuisance

1323. Nuisance The use of unencapsulated polystyrene as a flotation device in waters of the State, including in any dock system, float, mooring system, or buoy, is declared a nuisance and public health hazard and may be prosecuted as provided in the Vermont Revised Statutes. Added 2023, No. 121 (Adj. Sess.), § 26, eff. July 1, 2024.

10 V.S.A. § 1324 Rulemaking

1324. Rulemaking The Secretary may adopt rules to implement the requirements of this subchapter. Added 2023, No. 121 (Adj. Sess.), § 26, eff. May 30, 2024.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/10/047Fetched: 10/21/2026