§6605a. Review of existing landfills

Link to law: http://legislature.vermont.gov/statutes/section/10/159/06605a
Published: 2015

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Title

10

:
Conservation and Development






Chapter

159

:
WASTE MANAGEMENT






Subchapter

001
:
GENERAL PROVISIONS










 

§

6605a. Review of existing landfills

(a) By July 1,

1990 the secretary of natural resources shall complete a review of each

landfill that is operating or certified as of July 1, 1987, to determine

whether it should be closed or continue to operate and whether remedial action

is necessary. The review shall assess:

(1) The impact

of the landfill on groundwater, surface water and air quality.

(2) The

operating history and compliance status of the landfill.

(3) The

potential of the landfill to affect the public health taking into account:

(A) the

proximity of drinking water supplies or buildings in regular use;

(B) the nature

and extent of actual or expected air and water contamination;

(C) the

ownership and use of surrounding land; and

(D) the size,

age, capacity and use of the landfill.

(b) Within 120

days after the review is completed, the secretary shall propose to certify the

landfill or to grant an interim certification pursuant to section 6605b of this

title to close or upgrade the landfill. A landfill shall be closed or remedial

action shall be required if the secretary finds that it has caused or is likely

to cause a significant risk to public health or the environment.

(c) No later

than July 1, 1991 the operating portion of each landfill shall be lined, if

required under the provisions of subsection 6605(d) of this title, except that

those in operation as of July 1, 1987 that are certified to receive or actually

receive less than 1,000 tons of municipal waste per year may be exempted from

this requirement according to the provisions of subsection (d) of this section,

or if, considering the factors established in subdivision (a)(3) of this

section, the secretary finds that they will not create a significant risk to

public health and that they will not cause irreparable harm to the environment.

Violations of secondary safe drinking water standards, standing alone, will not

be construed under this subsection or under subsection 6605(b) of this title to

constitute significant risks to public health or to cause irreparable harm to

the environment. Where the secretary has determined, by clear and convincing

evidence, that the operation of a solid waste landfill, or the existence of a

solid waste landfill closed after July 1, 1987, has increased the level of any

secondary drinking water quality contaminant, in the downgradient groundwater,

so that the resulting water quality exceeds the secondary drinking water

standards, the secretary shall require the operator of the landfill facility to

institute remedial activities. These remedial activities may include the

installation of water treatment systems to remove secondary contaminants from

the affected drinking water supplies, or the replacement of the contaminated

drinking water source or sources.

(d) The secretary

may authorize continued operation of a municipally owned unlined landfill which

is in operation on July 1, 1992 and which will receive less than 1,000 tons per

year of waste for disposal, if the legislative body of the municipality has

voted to continue to operate the landfill and if the secretary has approved a

plan submitted by the municipality which shall be implemented by October 1,

1992, which demonstrates how approximately 90 percent of yard waste and

hazardous waste from households and small quantity generators, along with a

substantial portion of marketable recyclables, will be removed from the waste

stream before disposal. Approval under this section shall exempt the landfill

from compliance with those provisions of the solid waste rules that require a

minimum vertical separation to bedrock of ten feet, that require a minimum of

six feet vertical separation from the high seasonal water table, and that

require a minimum distance of 300 feet to the waters of the state. Violations

of secondary safe drinking water standards, standing alone, will not be

construed under this subsection or under subsection 6605(b) of this title to

allow or require the secretary to deny approval of landfills regulated under

this subsection. Where the secretary has determined, by clear and convincing

evidence, that the operation of a solid waste landfill, or the existence of a

solid waste landfill closed after July 1, 1987, has increased the level of any

secondary drinking water quality contaminant, in the downgradient groundwater,

so that the resulting water quality exceeds the secondary drinking water

standards, the secretary shall require the operator of the landfill facility to

institute remedial activities. These remedial activities may include the

installation of water treatment systems to remove secondary contaminants from

the affected drinking water supplies, or the replacement of the contaminated

drinking water source or sources. (Added 1987, No. 78, § 9; amended 1991, No.

202 (Adj. Sess.), § 11, eff. May 27, 1992; 1993, No. 232 (Adj. Sess.), § 43,

eff. March 15, 1995.)
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