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The Vermont Statutes Online
Title
10
:
Conservation and Development
Chapter
159
:
WASTE MANAGEMENT
Subchapter
001
:
GENERAL PROVISIONS
§
6605c. Solid waste categorical certifications
(a)
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.
(c)
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
facility.
(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.)