Section 1 Authority
This Rule is adopted pursuant to the authority of
10 V.S.A. §
2681, 10 V.S.A. § 2661, 2662, 2663 and 2664.
Pursuant to
10 V.S.A. §
2681, the Commissioner of the Department of
Forests, Parks, and Recreation is required to adopt rules regulating the
importation of untreated firewood into the State of Vermont. The Commissioner
is authorized to conduct surveys and investigations of public and private lands
and to require control measures and take other actions to prevent or control
the infestation of forest pests pursuant to 10 V.S.A. §§ 2661-2664.
Section 2 Policy and Purpose
The purpose of this Rule is to protect forest health by
preventing the long-distance movement of wood-borne invasive forest pests into
the State of Vermont through the transportation of untreated firewood into the
State.
Section 3
Definitions
The following definitions shall apply in the interpretation
and enforcement of this Rule.
1.
"Commissioner" means the Commissioner of the Department of Forests, Parks and
Recreation or the Commissioner's designated representative.
2. "Firewood" means untreated or treated wood
processed for residential, recreational, or commercial use in any wood-burning
appliance or fireplace, either indoor or outdoor, that is cut to a length less
than 48 inches, either split or unsplit. "Firewood" shall not mean wood chips,
wood pellets, pulpwood, logs 48 inches or more in length, or other wood sold or
transported for manufacturing purposes.
3. "Invasive species" means
(A) nonnative plant pests that are capable of
spreading into the State and that threaten forest health; and
(B) native plant pests, designated by the
Commissioner, that are present in the State, that are capable of spreading to
new areas of the State, and that threaten forest health.
4. "Origin" means the location where the
tree, from which the firewood was cut, was grown, and any other location where
the firewood was cut, processed, or stored.
5. "Person" means any individual or
combination of individuals, partnership, corporation, company, society,
association, governmental organization, university, or other entity and each
officer, agent, or employee.
6.
"Plant pests" shall be defined as in
6 V.S.A. §
1030(12).
7. "Quarantine" means a legal declaration or
rule adopted by the Commissioner to prevent the spread of highly injurious
plant pests which specifies the plant pest, plants, parts of plants, plant
products or the regulated articles, conditions governing movement, the area or
areas quarantined, and any exemptions.
8. "Regulatory agency" means the United
States Department of Agriculture or other agency that regulates plant pests in
any state of the United States, Canadian province, or country where firewood is
treated or is under a compliance agreement regarding treatment.
9. "Treated firewood" means firewood that has
been processed and treated in a manner sufficient to prevent invasive species
from surviving, as set forth in section 4.3 of this Rule.
10. "Untreated firewood" means firewood that
is not "treated firewood."
11.
"Wood sold or transported for manufacturing purposes" includes wood sawn into
boards, planks, or structural members such as beams.
Section 4 Firewood Quarantine
4.1 No person shall transport untreated
firewood into the State of Vermont from an origin outside the State of
Vermont.
4.2 "Treated firewood" may
be transported into the State of Vermont from an origin outside the State of
Vermont, unless prohibited by any other state or federal rule or
quarantine.
4.3 Firewood Treatment
Requirements
Firewood shall be considered "treated firewood" when it has
been heat treated in accordance with the following requirements:
(a) Treated Firewood must be heat treated to
reach and maintain a minimum core temperature of 1600 F (71.10 C) for at least
75 minutes.
(b) The heat treatment
must be conducted at a facility that is certified by a regulatory agency to be
capable of achieving the standard in 4.3(a). Heat treatment may employ methods
approved by the regulatory agency to achieve this standard, including
kiln-drying, steam, hot water, dry heat, or other methods. The heat treatment
facility shall maintain records documenting the treatment method employed, the
volume of firewood treated, the duration of treatment and the date of
treatment. Such documentation shall be maintained by the treatment facility for
at least three years and shall be made available for inspection by the
Commissioner upon request.
(c)
Treated firewood must be accompanied by certification of treatment stating that
the firewood has been heat treated to reach and maintain a minimum core
temperature of 1600F for at least 75 minutes. The certification may be included
in a phytosanitary certificate, invoice, bill of lading, label or other
documentation which includes the name and physical address of the heat
treatment facility and the name of the regulatory agency that certified the
facility.
4.4 Untreated
firewood from an origin inside the State of Vermont may be transported through
an adjacent state to reach a final destination within Vermont provided that it
is not prohibited by any other state or federal rule or quarantine, and there
are no stops in the adjacent state except for dropping off loads, refueling, or
traffic conditions such as traffic lights or stop signs.
Section 5 Investigations and Controls
5.1 The Commissioner may inspect at
reasonable times any public or private lands to determine the threat or
presence of infestations and control of forest pests.
5.2 The Commissioner may inspect at
reasonable times any firewood transported into the State of Vermont from an
origin outside the State of Vermont and all documentation of any treatment of
any firewood.
5.3 The Commissioner
may require any person that possesses firewood from an origin outside the State
of Vermont that is infested with an invasive species to:
(a) Immediately treat the firewood in
compliance with the firewood treatment standards in Section 4.3 of this
Rule;
(b) Immediately destroy the
firewood as directed by the Commissioner; or
(c) Comply with any other control required by
the Commissioner.
Section
6 Waiver of Quarantine Requirements
6.1 Upon written request, the Commissioner
may waive some or all of the requirements or prohibitions of this Rule if the
Commissioner determines that the requested waiver is in the public interest and
poses minimal threat to forest health.
6.2 A request for a waiver shall include the
following information:
(a) The origin(s) of
the firewood;
(b) When the firewood
will be transported into Vermont;
(c) The intended destination(s) and use(s) of
the firewood in Vermont;
(d) The
amount of firewood subject to the waiver request;
(e) The identification of the person(s)
transporting the firewood;
(f) If
the firewood has been or will be treated: the type of treatment and the name(s)
and location(s) of the treatment facility or a copy of a compliance agreement
issued by a regulatory agency; and
(g) Any additional information that would
assist the Commissioner.
6.3 The Commissioner may deny a waiver, or
grant a waiver in whole or in part. The Commissioner may impose any condition
which, in the opinion of the Commissioner, will ensure that the importation of
firewood poses minimal threat to forest health in the State of
Vermont.
6.4 The Commissioner may
at any time for any reason modify or revoke a waiver previously
issued.
Section 7
Enforcement
7.1 Confiscation and Disposal
The Commissioner may confiscate and destroy any firewood
from an origin outside of the State of Vermont that is transported into Vermont
in violation of the requirements of this Rule. The Commissioner shall not be
required to compensate any person for confiscation and destruction of firewood
under this Rule.
7.2
Penalties
Pursuant to
10 V.S.A §
2681, any person or employee or agent of that
person who violates any provision of this Rule shall be subject to:
(a) An enforcement action pursuant to 10
V.S.A. chapter 201; or
(b) a civil
citation under
10 V.S.A §
8019
Section 8 Effective Date
This rule shall take effect May 1,
2016.
