§6605c. Solid waste categorical certifications

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

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The Vermont Statutes Online



Conservation and Development








6605c. Solid waste categorical certifications


Notwithstanding sections 6605, 6605f, and 6611 of this title, no person may

construct, substantially alter, or operate any categorical solid waste facility

without first obtaining a certificate from the Secretary. Certificates shall be

valid for a period not to exceed 10 years.

(b) The

Secretary may, by rule, list certain solid waste categories as eligible for

certification pursuant to this section:

(1) Solid waste

categories to be deposited in a disposal facility shall not be a source of

leachate harmful to human health or the environment.

(2) Solid waste

categories to be managed in a composting facility shall not present an undue

threat to human health or the environment.

(3) Recyclable

materials either recycled or prepared for recycling at a recycling facility.


Certifications for a solid waste management facility pursuant to this section

where appropriate shall:

(1) Specify the

location of the facility, including limitations on its development.

(2) Require

proper operation and development of the facility in accordance with facility

management plans approved under the certificate.

(3) Specify the

projected amount and types of waste to be managed or disposed at the facility.

(4) Contain

additional conditions, requirements, and restrictions, as the Secretary may

deem necessary to preserve and protect the public health and the air,

groundwater, and surface water quality. This may include requirements

concerning recording, reporting, and inspection of the operation of the


(d) On or before

the date of filing any certification application for a facility, the applicant

shall send notice and a copy of the application to the municipality where the

facility is proposed to be or is located and any adjacent Vermont municipality

if the facility is located on a boundary. The applicant shall furnish the

Secretary the names of those noticed of the application.

(e) This section

shall not apply to the storage, treatment, or disposal of:

(1) municipal

solid waste;

(2) sludge;

(3) septage; or

(4) mineral

processing waste. For purposes of this section, mineral processing waste means

solid waste from an industrial or manufacturing facility that processes

materials from a mining activity and where chemicals, as defined by the

Secretary by rule, are intentionally added as a part of that processing. (Added

1989, No. 61, § 3, eff. May 22, 1989; amended 1989, No. 286 (Adj. Sess.), § 7;

2005, No. 65, § 3; 2011, No. 148 (Adj. Sess.), § 5; 2013, No. 175 (Adj. Sess.),

§ 5.)