Vermont Statutes Title 10 Sec. 6605b
Terms Used In Vermont Statutes Title 10 Sec. 6605b
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any ground or surface waters. See
- Facility: means all contiguous land, structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of waste. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Hazardous waste: means any waste or combination of wastes of a solid, liquid, contained gaseous, or semi-solid form, including those that are toxic, corrosive, ignitable, reactive, strong sensitizers, or that generate pressure through decomposition, heat, or other means, that in the judgment of the Secretary may cause or contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, taking into account the toxicity of such waste, its persistence and degradability in nature, and its potential for assimilation, or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or other living organisms, or any matter that may have an unusually destructive effect on water quality if discharged to ground or surface waters of the State. See
- Implementation plan: means that plan that is adopted to be consistent with the State solid waste management plan. See
- Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
- Person: means any individual; partnership; company; corporation; association; unincorporated association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; federal agency; or any other legal or commercial entity. See
- Secretary: means the Secretary of Natural Resources or his or her duly authorized representative. See
- Solid waste: means any discarded garbage; refuse; septage; sludge from a waste treatment plant, water supply plant, or pollution control facility; and other discarded material, including solid, liquid, semi-solid, or contained gaseous materials resulting from industrial, commercial, mining, or agricultural operations and from community activities but does not include animal manure and absorbent bedding used for soil enrichment; high carbon bulking agents used in composting; or solid or dissolved materials in industrial discharges that are point sources subject to permits under the Water Pollution Control Act, chapter 47 of this title. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Waste: means a material that is discarded or is being accumulated, stored, or physically, chemically, or biologically treated prior to being discarded or has served its original intended use and is normally discarded or is a manufacturing or mining by-product and is normally discarded. See
§ 6605b. Interim certification
(a) A person who does not qualify for a solid waste management facility certification under section 6605 of this title may be issued an interim certification. The Secretary may require the applicant to submit any additional information that the Secretary considers necessary, and may refuse to grant the interim certification until the information is furnished and evaluated.
(b) The Secretary shall not issue an interim certification without affirmatively finding:
(1) that the operation of the solid waste management facility is necessary and will result in some public benefit;
(2) that there is no present, reasonable, alternative means for waste disposal;
(3) that the applicant needs to operate the facility for a period of time necessary to complete research, planning, construction, installation, or operation of an approved facility or to close the existing facility;
(4) that the operation of the facility will not create an unreasonable risk to the public health nor be unreasonably destructive to the environment;
(5) that the operation of the facility is consistent with an approved plan, for the area in which the facility is located, or the State Solid Waste Management Plan; and
(6) that the applicant, if other than a municipality, meets the requirements established in subdivisions 6605f(a)(1) and (2) of this title.
(c) Any interim certificate issued shall:
(1) specify the location of the facility, including limits on its development;
(2) require proper operation of the facility;
(3) specify the amounts 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;
(6) specify a schedule by which an applicant shall meet all requirements for full certification or proper closure;
(7) be valid only for the period of time, not to exceed two years, necessary for an applicant to meet the requirements of full certification or closure, and shall not be renewed more than once; and
(8) contain such additional conditions, requirements, and restrictions as the Secretary may deem necessary to preserve and protect the public health and the environment. (Added 1987, No. 78, § 10; amended 1991, No. 202 (Adj. Sess.), § 2, eff. May 27, 1992; 1993, No. 81, § 3; 1993, No. 157 (Adj. Sess.), § 3.)