State Codes and Statutes

Statutes > Vermont > Title-10 > Chapter-159 > 6605

§ 6605. Solid waste management facility certification

(a)(1) No person shall construct, substantially alter, or operate any solid waste management facility without first obtaining certification from the secretary for such facility, site or activity, except for sludge or septage treatment or storage facilities located within the fenced area of a domestic wastewater treatment plant permitted under chapter 47 of this title. This exemption for sludge or septage treatment or storage facilities shall exist only if:

(A) the treatment facility does not utilize a process to further reduce pathogens in order to qualify for marketing and distribution; and

(B) the facility is not a drying bed, lagoon, or nonconcrete bunker; and

(C) the owner of the facility has submitted a sludge and septage management plan to the secretary and the secretary has approved the plan. Noncompliance with an approved sludge and septage management plan shall constitute a violation of the terms of this chapter, as well as a violation under chapters 201 and 211 of this title.

(2) Certification shall be valid for a period not to exceed five years.

(b) Certification for a solid waste management facility, where appropriate, shall:

(1) Specify the location of the facility, including limits on its development;

(2) Require proper operation and development of the facility in accordance with the engineering plans approved under the certificate;

(3) Specify the projected amount and types of waste material to be disposed of at the facility, which, in case of landfills and incinerators, shall include the following:

(A) if the waste is being delivered from a municipality that has an approved implementation plan, hazardous materials and recyclables shall be removed from the waste according to the terms of that implementation plan;

(B) if the waste is being delivered from a municipality that does not have an approved implementation plan, yard waste shall be removed from the waste stream, as shall a minimum of approximately 75 percent of each of the following: marketable recyclables, hazardous waste from households, and hazardous waste from small quantity generators;

(4) Specify the type and numbers of suitable pieces of equipment that will operate the facility properly;

(5) Contain provisions for air, groundwater and surface water monitoring throughout the life of the facility and for a reasonable time after closure of the facility, and provisions for erosion control, capping, landscaping, drainage systems, and monitoring systems for leachate and gas control;

(6) Contain such 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, but is not limited to, requirements concerning reporting, recording, and inspections of the operation of the site.

(c) The secretary shall not issue a certification for a new facility, except for a sludge or septage land application project unless it is included in an implementation plan adopted pursuant to 24 V.S.A. § 2202a, for the area in which the facility is located. The implementation plan must be consistent with the state plan and in conformance with any municipal or regional plan adopted in accordance with 24 V.S.A. chapter 117. After July 1, 1990, the secretary shall not recertify a facility except for a sludge or septage land application project unless it is included in an implementation plan adopted pursuant to 24 V.S.A. § 2202a, for the area in which the facility is located. The implementation plan must be consistent with the state plan, unless the secretary determines that recertification promotes the public interest, considering the policies and priorities established in this chapter. After July 1, 1990, the secretary shall not recertify a facility, unless it is in conformance with any municipal or regional plan adopted in accordance with 24 V.S.A. chapter 117.

(d) New landfills placed in operation after July, 1987 shall be lined and shall collect and treat leachate. Except as provided in section 6614 of this title, or if, pursuant to information obtained through the pilot projects completed under subsection 6604(b) of this title or from other sources, the secretary identifies particular waste components that will not be the source of leachate harmful to health or the environment, the secretary may waive the requirements for liners in landfills or portions of landfills designated solely to receive these wastes. Solid waste shall be included among these waste components that will not be the source of harmful leachate, in situations where all of the following apply:

(1) material to be landfilled has been subjected to a hazardous waste collection, diversion and inspection program that removes at least 90 percent of the hazardous and toxic waste, including that classified as hazardous household waste and including that generated by small quantity generators;

(2) material to be landfilled has had at least 90 percent of the compostable material and marketable recyclables removed by source separation or by a combination of source separation and mechanical separation;

(3) the municipality in which the landfill or any portion of the landfill exists has permission of the facility operator to monitor landfill operations during operating hours, by means of a person appointed or hired by town officials or elected by the voters of the municipality.

(e) Ash from waste incineration facilities shall be disposed of only in lined facilities, unless recycled in a manner approved by the secretary.

(f) On or before the date of filing any certification or permit 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 land is located on a boundary. The applicant shall furnish to the certifying or permitting authority the names of those furnished notice of application. Notwithstanding the provisions of subsection (c) of this section, the secretary shall not issue a certification for a new facility or a recertification for an existing facility unless the town, city, or village in which the facility is located has been notified.

(g)(1) Emergency sludge and septage disposal approval. Notwithstanding any other provision of this section, the secretary may authorize the land disposal or management of sludge or septage by an applicant at any certified site or facility with available capacity, provided the secretary finds:

(A) that the applicant needs to dispose of accumulated sludge or septage promptly, and that delay would likely cause public health, or environmental damage, or nuisance conditions, or would result in excessive and unnecessary cost to the public, and that the applicant has lost authority to use previously certified sites through no act or omission of the applicant; and

(B) that at the certified site or facility to be used:

(i) the certificate holder agrees in writing to allow use of the site or facility by the applicant;

(ii) management of the applicant's sludge or septage is compatible with the site or facility certificate;

(iii) all terms and conditions of the original certification will continue to be met with addition of the applicant's sludge or septage.

(2) The secretary shall, following his or her issuance of approval of emergency sludge or septage disposal under this subsection, provide public notice of that action.

(h) The secretary shall not issue a certification to a new nonmunicipal facility, or recertify an existing nonmunicipal facility, without first determining that the applicant meets the requirements established in subdivisions 6605f(a)(1) and (2) of this title. (Added 1977, No. 106, § 1; amended 1979, No. 195 (Adj. Sess.), § 6, eff. May 6, 1980; 1987, No. 78, § 8; 1989, No. 281 (Adj. Sess.), § 4, eff. June 22, 1990; 1991, No. 157 (Adj. Sess.), § 2, eff. May 5, 1992, No. 202 (Adj. Sess.), § 1, eff. May 27, 1992; 1993, No. 81, § 2; 1993, No. 157 (Adj. Sess.), § 2, eff. June 7, 1994; No. 233 (Adj. Sess.), § 61, eff. June 21, 1994; 1997, No. 51, § 3; 2001, No. 149 (Adj. Sess.), § 87, eff. June 27, 2002.)

State Codes and Statutes

Statutes > Vermont > Title-10 > Chapter-159 > 6605

§ 6605. Solid waste management facility certification

(a)(1) No person shall construct, substantially alter, or operate any solid waste management facility without first obtaining certification from the secretary for such facility, site or activity, except for sludge or septage treatment or storage facilities located within the fenced area of a domestic wastewater treatment plant permitted under chapter 47 of this title. This exemption for sludge or septage treatment or storage facilities shall exist only if:

(A) the treatment facility does not utilize a process to further reduce pathogens in order to qualify for marketing and distribution; and

(B) the facility is not a drying bed, lagoon, or nonconcrete bunker; and

(C) the owner of the facility has submitted a sludge and septage management plan to the secretary and the secretary has approved the plan. Noncompliance with an approved sludge and septage management plan shall constitute a violation of the terms of this chapter, as well as a violation under chapters 201 and 211 of this title.

(2) Certification shall be valid for a period not to exceed five years.

(b) Certification for a solid waste management facility, where appropriate, shall:

(1) Specify the location of the facility, including limits on its development;

(2) Require proper operation and development of the facility in accordance with the engineering plans approved under the certificate;

(3) Specify the projected amount and types of waste material to be disposed of at the facility, which, in case of landfills and incinerators, shall include the following:

(A) if the waste is being delivered from a municipality that has an approved implementation plan, hazardous materials and recyclables shall be removed from the waste according to the terms of that implementation plan;

(B) if the waste is being delivered from a municipality that does not have an approved implementation plan, yard waste shall be removed from the waste stream, as shall a minimum of approximately 75 percent of each of the following: marketable recyclables, hazardous waste from households, and hazardous waste from small quantity generators;

(4) Specify the type and numbers of suitable pieces of equipment that will operate the facility properly;

(5) Contain provisions for air, groundwater and surface water monitoring throughout the life of the facility and for a reasonable time after closure of the facility, and provisions for erosion control, capping, landscaping, drainage systems, and monitoring systems for leachate and gas control;

(6) Contain such 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, but is not limited to, requirements concerning reporting, recording, and inspections of the operation of the site.

(c) The secretary shall not issue a certification for a new facility, except for a sludge or septage land application project unless it is included in an implementation plan adopted pursuant to 24 V.S.A. § 2202a, for the area in which the facility is located. The implementation plan must be consistent with the state plan and in conformance with any municipal or regional plan adopted in accordance with 24 V.S.A. chapter 117. After July 1, 1990, the secretary shall not recertify a facility except for a sludge or septage land application project unless it is included in an implementation plan adopted pursuant to 24 V.S.A. § 2202a, for the area in which the facility is located. The implementation plan must be consistent with the state plan, unless the secretary determines that recertification promotes the public interest, considering the policies and priorities established in this chapter. After July 1, 1990, the secretary shall not recertify a facility, unless it is in conformance with any municipal or regional plan adopted in accordance with 24 V.S.A. chapter 117.

(d) New landfills placed in operation after July, 1987 shall be lined and shall collect and treat leachate. Except as provided in section 6614 of this title, or if, pursuant to information obtained through the pilot projects completed under subsection 6604(b) of this title or from other sources, the secretary identifies particular waste components that will not be the source of leachate harmful to health or the environment, the secretary may waive the requirements for liners in landfills or portions of landfills designated solely to receive these wastes. Solid waste shall be included among these waste components that will not be the source of harmful leachate, in situations where all of the following apply:

(1) material to be landfilled has been subjected to a hazardous waste collection, diversion and inspection program that removes at least 90 percent of the hazardous and toxic waste, including that classified as hazardous household waste and including that generated by small quantity generators;

(2) material to be landfilled has had at least 90 percent of the compostable material and marketable recyclables removed by source separation or by a combination of source separation and mechanical separation;

(3) the municipality in which the landfill or any portion of the landfill exists has permission of the facility operator to monitor landfill operations during operating hours, by means of a person appointed or hired by town officials or elected by the voters of the municipality.

(e) Ash from waste incineration facilities shall be disposed of only in lined facilities, unless recycled in a manner approved by the secretary.

(f) On or before the date of filing any certification or permit 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 land is located on a boundary. The applicant shall furnish to the certifying or permitting authority the names of those furnished notice of application. Notwithstanding the provisions of subsection (c) of this section, the secretary shall not issue a certification for a new facility or a recertification for an existing facility unless the town, city, or village in which the facility is located has been notified.

(g)(1) Emergency sludge and septage disposal approval. Notwithstanding any other provision of this section, the secretary may authorize the land disposal or management of sludge or septage by an applicant at any certified site or facility with available capacity, provided the secretary finds:

(A) that the applicant needs to dispose of accumulated sludge or septage promptly, and that delay would likely cause public health, or environmental damage, or nuisance conditions, or would result in excessive and unnecessary cost to the public, and that the applicant has lost authority to use previously certified sites through no act or omission of the applicant; and

(B) that at the certified site or facility to be used:

(i) the certificate holder agrees in writing to allow use of the site or facility by the applicant;

(ii) management of the applicant's sludge or septage is compatible with the site or facility certificate;

(iii) all terms and conditions of the original certification will continue to be met with addition of the applicant's sludge or septage.

(2) The secretary shall, following his or her issuance of approval of emergency sludge or septage disposal under this subsection, provide public notice of that action.

(h) The secretary shall not issue a certification to a new nonmunicipal facility, or recertify an existing nonmunicipal facility, without first determining that the applicant meets the requirements established in subdivisions 6605f(a)(1) and (2) of this title. (Added 1977, No. 106, § 1; amended 1979, No. 195 (Adj. Sess.), § 6, eff. May 6, 1980; 1987, No. 78, § 8; 1989, No. 281 (Adj. Sess.), § 4, eff. June 22, 1990; 1991, No. 157 (Adj. Sess.), § 2, eff. May 5, 1992, No. 202 (Adj. Sess.), § 1, eff. May 27, 1992; 1993, No. 81, § 2; 1993, No. 157 (Adj. Sess.), § 2, eff. June 7, 1994; No. 233 (Adj. Sess.), § 61, eff. June 21, 1994; 1997, No. 51, § 3; 2001, No. 149 (Adj. Sess.), § 87, eff. June 27, 2002.)


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State Codes and Statutes

Statutes > Vermont > Title-10 > Chapter-159 > 6605

§ 6605. Solid waste management facility certification

(a)(1) No person shall construct, substantially alter, or operate any solid waste management facility without first obtaining certification from the secretary for such facility, site or activity, except for sludge or septage treatment or storage facilities located within the fenced area of a domestic wastewater treatment plant permitted under chapter 47 of this title. This exemption for sludge or septage treatment or storage facilities shall exist only if:

(A) the treatment facility does not utilize a process to further reduce pathogens in order to qualify for marketing and distribution; and

(B) the facility is not a drying bed, lagoon, or nonconcrete bunker; and

(C) the owner of the facility has submitted a sludge and septage management plan to the secretary and the secretary has approved the plan. Noncompliance with an approved sludge and septage management plan shall constitute a violation of the terms of this chapter, as well as a violation under chapters 201 and 211 of this title.

(2) Certification shall be valid for a period not to exceed five years.

(b) Certification for a solid waste management facility, where appropriate, shall:

(1) Specify the location of the facility, including limits on its development;

(2) Require proper operation and development of the facility in accordance with the engineering plans approved under the certificate;

(3) Specify the projected amount and types of waste material to be disposed of at the facility, which, in case of landfills and incinerators, shall include the following:

(A) if the waste is being delivered from a municipality that has an approved implementation plan, hazardous materials and recyclables shall be removed from the waste according to the terms of that implementation plan;

(B) if the waste is being delivered from a municipality that does not have an approved implementation plan, yard waste shall be removed from the waste stream, as shall a minimum of approximately 75 percent of each of the following: marketable recyclables, hazardous waste from households, and hazardous waste from small quantity generators;

(4) Specify the type and numbers of suitable pieces of equipment that will operate the facility properly;

(5) Contain provisions for air, groundwater and surface water monitoring throughout the life of the facility and for a reasonable time after closure of the facility, and provisions for erosion control, capping, landscaping, drainage systems, and monitoring systems for leachate and gas control;

(6) Contain such 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, but is not limited to, requirements concerning reporting, recording, and inspections of the operation of the site.

(c) The secretary shall not issue a certification for a new facility, except for a sludge or septage land application project unless it is included in an implementation plan adopted pursuant to 24 V.S.A. § 2202a, for the area in which the facility is located. The implementation plan must be consistent with the state plan and in conformance with any municipal or regional plan adopted in accordance with 24 V.S.A. chapter 117. After July 1, 1990, the secretary shall not recertify a facility except for a sludge or septage land application project unless it is included in an implementation plan adopted pursuant to 24 V.S.A. § 2202a, for the area in which the facility is located. The implementation plan must be consistent with the state plan, unless the secretary determines that recertification promotes the public interest, considering the policies and priorities established in this chapter. After July 1, 1990, the secretary shall not recertify a facility, unless it is in conformance with any municipal or regional plan adopted in accordance with 24 V.S.A. chapter 117.

(d) New landfills placed in operation after July, 1987 shall be lined and shall collect and treat leachate. Except as provided in section 6614 of this title, or if, pursuant to information obtained through the pilot projects completed under subsection 6604(b) of this title or from other sources, the secretary identifies particular waste components that will not be the source of leachate harmful to health or the environment, the secretary may waive the requirements for liners in landfills or portions of landfills designated solely to receive these wastes. Solid waste shall be included among these waste components that will not be the source of harmful leachate, in situations where all of the following apply:

(1) material to be landfilled has been subjected to a hazardous waste collection, diversion and inspection program that removes at least 90 percent of the hazardous and toxic waste, including that classified as hazardous household waste and including that generated by small quantity generators;

(2) material to be landfilled has had at least 90 percent of the compostable material and marketable recyclables removed by source separation or by a combination of source separation and mechanical separation;

(3) the municipality in which the landfill or any portion of the landfill exists has permission of the facility operator to monitor landfill operations during operating hours, by means of a person appointed or hired by town officials or elected by the voters of the municipality.

(e) Ash from waste incineration facilities shall be disposed of only in lined facilities, unless recycled in a manner approved by the secretary.

(f) On or before the date of filing any certification or permit 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 land is located on a boundary. The applicant shall furnish to the certifying or permitting authority the names of those furnished notice of application. Notwithstanding the provisions of subsection (c) of this section, the secretary shall not issue a certification for a new facility or a recertification for an existing facility unless the town, city, or village in which the facility is located has been notified.

(g)(1) Emergency sludge and septage disposal approval. Notwithstanding any other provision of this section, the secretary may authorize the land disposal or management of sludge or septage by an applicant at any certified site or facility with available capacity, provided the secretary finds:

(A) that the applicant needs to dispose of accumulated sludge or septage promptly, and that delay would likely cause public health, or environmental damage, or nuisance conditions, or would result in excessive and unnecessary cost to the public, and that the applicant has lost authority to use previously certified sites through no act or omission of the applicant; and

(B) that at the certified site or facility to be used:

(i) the certificate holder agrees in writing to allow use of the site or facility by the applicant;

(ii) management of the applicant's sludge or septage is compatible with the site or facility certificate;

(iii) all terms and conditions of the original certification will continue to be met with addition of the applicant's sludge or septage.

(2) The secretary shall, following his or her issuance of approval of emergency sludge or septage disposal under this subsection, provide public notice of that action.

(h) The secretary shall not issue a certification to a new nonmunicipal facility, or recertify an existing nonmunicipal facility, without first determining that the applicant meets the requirements established in subdivisions 6605f(a)(1) and (2) of this title. (Added 1977, No. 106, § 1; amended 1979, No. 195 (Adj. Sess.), § 6, eff. May 6, 1980; 1987, No. 78, § 8; 1989, No. 281 (Adj. Sess.), § 4, eff. June 22, 1990; 1991, No. 157 (Adj. Sess.), § 2, eff. May 5, 1992, No. 202 (Adj. Sess.), § 1, eff. May 27, 1992; 1993, No. 81, § 2; 1993, No. 157 (Adj. Sess.), § 2, eff. June 7, 1994; No. 233 (Adj. Sess.), § 61, eff. June 21, 1994; 1997, No. 51, § 3; 2001, No. 149 (Adj. Sess.), § 87, eff. June 27, 2002.)


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