(a)The Commissioner of Health shall be responsible for and have the authority to implement and enforce those statutes enacted by the General Assembly, including sections 6610a and 6612 of this title, and those rules concerning the generation, transportation, treatment, storage, and disposal of radioactive wastes mixed with hazardous wastes that are adopted by the Secretary in order to operate a hazardous waste management program that is equivalent to the federal program under Subtitle C of the Resource Conservation and Recovery Act of 1976 as subsequently amended and codified in 42 U.S.C. chapter 82, subchapter 3. Procedures and funding for the interdepartmental implementation of a mixed radioactive waste management program shall be established between the Secretary and the Commissioner o
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(a) The Commissioner of Health shall be responsible for and have the authority to implement and enforce those statutes enacted by the General Assembly, including sections 6610a and 6612 of this title, and those rules concerning the generation, transportation, treatment, storage, and disposal of radioactive wastes mixed with hazardous wastes that are adopted by the Secretary in order to operate a hazardous waste management program that is equivalent to the federal program under Subtitle C of the Resource Conservation and Recovery Act of 1976 as subsequently amended and codified in 42 U.S.C. chapter 82, subchapter 3. Procedures and funding for the interdepartmental implementation of a mixed radioactive waste management program shall be established between the Secretary and the Commissioner of Health.
(b) The Secretary shall not adopt rules concerning the management of radioactive wastes mixed with hazardous wastes that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976 without the concurrence of the Commissioner of Health.
(c) Nothing in this section is intended to interfere with the authority of the Commissioner of Health relating to general powers under 18 V.S.A. chapter 3, relating to appointing health officers for unorganized towns or gores under 18 V.S.A. chapter 11, and relating to radiation control under 18 V.S.A. chapter 32, nor shall prohibit the Secretary of Human Services from adopting rules concerning the management of radioactive wastes mixed with hazardous wastes that are more stringent than the statutory and regulatory requirements under Subtitle C of the Resource Conservation and Recovery Act of 1976. Nothing in this section is intended to interfere with the Agency of Transportation’s authority under section 6607 of this chapter.
(d) This section does not modify or otherwise affect the requirements of chapter 157 of this title, relating to storage of radioactive material. (Added 1983, No. 148 (Adj. Sess.), § 5; amended 1987, No. 282 (Adj. Sess.), § 15; 2015, No. 23, § 101; 2015, No. 97 (Adj. Sess.), § 36; 2017, No. 113 (Adj. Sess.), § 48.)