§6606a. Certificate of need

Link to law: http://legislature.vermont.gov/statutes/section/10/159/06606a
Published: 2015

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The Vermont Statutes Online



Conservation and Development








6606a. Certificate of need

(a) No person

may begin site preparation for or construction of a hazardous waste management

facility for the purpose of treatment or disposal of hazardous waste within the

state, unless the secretary first issues a certificate of need for the facility

under this section. This section shall not apply to:

(1) The

replacement of existing facility with an equivalent facility in the usual

course of business; or

(2) A hazardous

waste management facility that is operated only by or on behalf of the owner of

the facility for the treatment or disposal of hazardous waste materials

generated in Vermont by the owner of the facility. Such facility shall be

located on a site of generation.

(b) Petition for

certificate of need.

(1) A person

shall submit a completed petition for a certificate of need in accordance with

the rules adopted by the secretary and a copy of any agreement reached in

negotiations between the proposed host municipality and the applicant.

(2) At least 30

days prior to the date of filing the petition with the secretary, the person

shall file a notice of intent to construct a hazardous waste management

facility with the proposed host municipality, abutting municipalities, and the

secretary. The notice of intent shall include:

(A) a detailed

description of the proposed facility and location, including architectural


(B) a

description of the treatment or disposal processes to be employed;

(C) the amount

and types of hazardous wastes to be handled;

(D) alternative sites

and technologies that were considered;

(E) reasons for

choosing the proposed location and technologies, including planned negotiations

with the proposed host municipality; and

(F) the

conformance of the proposed facility with any applicable provisions of the

hazardous waste management plan adopted by the secretary of the agency of

natural resources.

(c) The

secretary shall make all practical efforts to process petitions in a prompt

manner, including the establishment of time limits for petition processing and

procedures and time periods within which to notify petitioners whether a

petition is complete. After determining that a petition is complete, the

secretary shall promptly hold one or more public hearings on the petition for a

certificate of need in the proposed host municipality.

(1) Not less

than 30 days before the hearing, notice shall be given to the department of

health, historic preservation division, state planning office, and agency of

transportation. Similar notice shall also be given by certified mail to

adjoining landowners, the legislative body of the proposed host municipality

and the chairs or directors of the municipal and regional planning commissions.

(2) Notice of

the public hearing shall be published in a newspaper of general circulation in

the county in which the proposed facility will be located two weeks

successively, the last publication to be at least 12 days before the day

appointed for the hearing.

(d) The

secretary shall, with approval of the governor, only issue a certificate of

need if the secretary concludes the proposed facility is needed for the general

good of the state, upon written findings that:

(1) The proposed

facility use is consistent with any applicable provisions of the hazardous

waste management plan adopted by the secretary.

(2) The proposed

facility location:

(A) is suitable

for the type and amount of hazardous waste intended for treatment or disposal

at the facility;

(B) is

accessible by transportation routes that minimize the threat to the public

health and safety and to the environment;

(C) reasonably

accommodates the plans and preferences of the proposed host municipality, as

expressed by local government entities.

(3) The need for

the facility is demonstrated by the need to assure the environmentally sound

treatment or disposal of hazardous waste generated within Vermont, recognizing

the effects of any state hazardous materials management plan, and:

(A) the further

need to meet Vermont's obligations under an interstate agreement or regional

compact; or

(B) the lack of

adequate current or projected treatment or disposal capacity within the region

to handle the hazardous waste generated by Vermont businesses which is proposed

for the facility.

(e) The

secretary shall establish conditions in the certificate of need:

(1) limiting the

capacity of the hazardous waste facility to the reasonably anticipated needs

and interstate commitments of the state for hazardous waste management.

However, upon application of the holder of the certificate, the conditions may

later be adjusted by the secretary if the limits on capacity are found to

prevent profitable operation of the facility;

(2) restricting

the facility from accepting hazardous wastes from generators who have not

demonstrated an effective hazardous waste source reduction program.

(f) Deleted.]

(g) Repealed.]

(h) Neither

local plans nor solid waste district plans nor regional plans shall exclude

hazardous waste facilities for which a certificate of need has been obtained.

(i), (j)

Repealed.]  (Added 1989, No. 282 (Adj.

Sess.), § 13, eff. June 22, 1990; amended 1995, No. 189 (Adj. Sess.), §§ 6, 8;

1997, No. 155 (Adj. Sess.), § 37; 2003, No. 115 (Adj. Sess.), § 61, eff. Jan.

31, 2005.)