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Subchapter 001: CREATION AND POWERS
§ 1. Creation
The creation of the union municipal district known as the Windham Solid Waste Management
District under Number M-22 of the Acts of 1988 is hereby continued. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 2. Purpose
The District is created, as a body politic and corporate, and shall exist for the
purpose of providing a comprehensive system for managing solid waste, recyclable materials,
organic material, and exempt hazardous waste generated within member municipalities.
The principal elements of the management system may include the following: collection,
transportation, processing, citizen information and education, land disposal, recycling
centers, intermediate processing facilities, composting facilities, or resource recovery
facilities, or any combination thereof, within and outside the District, as well as
any other methods allowed by law. The District may accept solid waste and other materials
from outside the District. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 3. Composition
The District shall be composed of and shall include all of the lands and residents
within those municipalities that vote to approve and enter into this chapter at the
time of its creation, and any other municipalities subsequently admitted to the District,
except for those municipalities that may withdraw as provided in this chapter. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 4. Duration
The District shall continue as a body politic and corporate unless and until dissolved
according to the procedures set forth in this chapter. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 5. Powers
The District shall be a body politic and corporate with the powers incident to a municipal
corporation under the laws of the State of Vermont consistent with the purpose of
the District and in addition shall have the following powers:
(1) To operate, cause to be operated, contract for, and otherwise provide for the collection
and transportation of solid waste, and for the operation and maintenance of solid
waste facilities, programs, and services of every kind, including sanitary landfills,
recycling centers, intermediate processing facilities, composting facilities, or resource
recovery facilities, or any combination thereof, and to determine and make proper
charges for the cost of such services.
(2) To purchase, sell, lease, own, acquire, convey, mortgage, improve, and use real and
personal property in connection with the purpose of the District, and to construct,
develop, and maintain solid waste facilities in accordance with federal and State
law.
(3) To hire and fix the compensation of employees.
(4) To sue and be sued.
(5) To enter into contracts for any term or duration.
(6) To contract with architects, engineers, financial and legal consultants, and other
experts for services.
(7) To contract with individuals, corporations, associations, authorities, and agencies
for services.
(8) To provide solid waste disposal services for the member municipalities, the inhabitants
thereof, and the businesses therein, and for such others as its facilities and obligations
may allow.
(9) To contract with the State of Vermont, the United States of America, or any subdivision
or agency thereof for services.
(10) To contract with any member municipality for the services of any officers or employees
of that municipality useful to it.
(11) To promote cooperative arrangements and coordinated action among its member municipalities.
(12) To make recommendations for review and action to its member municipalities and other
public agencies that perform functions within the region in which its member municipalities
are located.
(13) To exercise any other powers that are necessary or desirable for dealing with solid
waste problems of mutual concern and that are exercised or are capable of exercise
by any of its member municipalities.
(14) To exercise the power of eminent domain within the District or within any municipality
that has withdrawn from the District, provided such property or site to be taken by
eminent domain must have been considered, by official action of the Board of Supervisors,
as a potential site or sites for a solid waste management facility during the 12-month
period immediately preceding the date of withdrawal.
(15) To borrow money and issue evidence of indebtedness as provided by 24 V.S.A. chapters
53 and 119 or other provisions of law authorizing general obligations or revenue debt,
including 10 V.S.A. chapter 12.
(16) To establish a budget and assess member municipalities in accordance therewith.
(17) To appropriate and expend monies.
(18) To establish sinking funds for the retirement of bonded or other indebtedness.
(19) To establish capital reserve funds for improvements in furtherance of its purpose.
(20) To regulate by rule, regulation, or ordinance the collection, transportation, processing,
resource recovery, recycling, and disposal of solid waste within the District, and
to require that acceptable solid wastes generated within the District and any member
municipality therein shall be disposed of only in and upon facilities owned by the
District.
(21) To enact and enforce any and all necessary or desirable regulations for the orderly
conduct of governance and for carrying out the purpose of the District.
(22) To accept and administer gifts, grants, and bequests in trust or otherwise for the
purpose of the District.
(23) To exercise all powers incident to a public corporation.
(24) To require that solid waste from commercial, agricultural, or industrial activities
be tested by an entity specified by the District, and to require that the costs of
testing be borne by the generator of the solid waste.
(25) To enter into contract services with individual nonmember municipalities or other
entities to provide services otherwise in the scope of the District’s powers and purposes.
(26) To appoint law enforcement officers or other agents for the enforcement of ordinances,
rules, and regulations of the District.
(27) To enter into siting agreements with municipalities within which a District facility
is to be located, which agreements may specify the terms, conditions, and provisions
under which a District facility shall be constructed, operated, and maintained. In
the event it is impractical or impossible to determine whether damage to the environment
is caused by the District facility or from an adjacent property, the District may
indemnify and hold harmless the municipality from any such damage, costs, and liabilities.
(28) To enter into cooperative or interlocal agreements with other municipalities or persons,
within or outside the District, providing for the management of solid waste, recyclable
materials, organic material, or a combination of solid waste, recyclable materials,
and organic material.
(29) To enact policies defining and regulating conflicts of interest of members of the
Board of Supervisors, and employees and officers of the District.
(30) To enact policies and regulations with respect to procurement of goods and services. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 6. Transportation and collection site
Each member municipality, either directly or through independent parties, shall be
responsible for providing one or more collection sites for the solid waste and recyclables
generated within such member municipality, and for the transportation of such solid
waste to the District facility, together with all costs incident thereto. In the
event that any member municipality does not wish to institute its own collection system
for delivery of the solid waste and recyclables to the facility designated by the
District, the Board of Supervisors may provide for collection and transportation as
provided in subdivision 5(1) of this chapter. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 7. Responsibility to accept solid waste
(a) The District may become responsible for providing a system for solid waste disposal,
as delineated in subsection (b) of this section when the Board of Supervisors declares
the disposal system operational.
(b) The District may provide a system for disposal or recycling of all solid waste generated
by residential and commercial activities within the member municipalities. The District
may provide for the disposal of solid waste from industrial activities within a member
municipality. The District may provide for the disposal of sludge through contract
with a member municipality, provided the sludge is disposed of at no cost to the other
member municipalities. Finally, the District may contract with a nonmember municipality
or a private entity for the disposal of solid waste generated outside the boundaries
of the District, provided the contract will not increase the cost of solid waste disposal
to the member municipalities.
(c) Each member municipality agrees to act as a host community in the event the District
decides to establish a solid waste transfer, treatment, or disposal facility within
that member municipality. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
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Subchapter 002: BOARD OF SUPERVISORS
§ 8. Authority
The legislative power and authority of the District and the administration and the
general supervision of all fiscal, prudential, and governmental affairs thereof shall
be vested in a governing body known as the Board of Supervisors, except as specifically
provided otherwise in this chapter. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 9. Composition
The Board of Supervisors shall be composed of one primary representative and one alternate
from each member municipality. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 10. Appointment
Annually, on or before the last Monday in March, the legislative branch of each member
municipality shall appoint its representative and an alternate representative to the
Board of Supervisors. Appointments shall be in writing, signed by the chair of the
legislative branch, and presented to the Clerk of the District. The legislative branch,
by majority vote, may remove their appointed representative during the one-year term
for stated reasons. The alternate representative shall represent the municipality
at all meetings of the Board of Supervisors that the regular representative is unable
to attend and shall have all the rights and privileges of a regular representative. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 11. Organization meeting
Annually, during its first meeting in April, the Board of Supervisors shall hold its
organizational meeting. At the meeting, the Board of Supervisors shall elect from
among its membership, a Chair and a Vice Chair, each of whom shall hold office for
one year and until his or her successor is duly elected and qualified. The Chair
and Vice Chair are eligible to be elected to successive terms without limit. For
this election, each member municipality’s representative shall cast one vote. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 12. Regular board meetings
A schedule of regular meetings of the Board of Supervisors shall be established at
the organizational meeting. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 13. Special Board meetings
Special meetings of the Board of Supervisors may be called at any time by the Chair
or shall be called by the Clerk upon written request of a majority of the members
of the Board of Supervisors. Except in case of emergency, each member of the Board
of Supervisors shall be given at least 24 hours’ notice of any special meeting of
the Board of Supervisors by notice in person, by telephone, or by written notice delivered
personally, mailed electronically, mailed, or left at such member’s usual place of
residence. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 14. Quorum
For the purpose of transacting business, the presence of members who represent more
than 50 percent of the member towns with an appointed representative shall constitute
a quorum. However, a smaller number may adjourn to another date. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 15. Voting
Except as otherwise provided in this chapter, each member of the Board of Supervisors
shall be entitled to cast one vote for every 3,000 population, or part thereof, in
the municipality that he or she represents. The determination of population shall
be made based upon the latest census provided by the State of Vermont. Any member
town that is the site of a major District facility shall be entitled to one additional
vote. A member or an alternate of the Board of Supervisors may not split his or her
votes. Any action supported by a minimum of three communities and adopted by a majority
of the votes cast at a meeting of the Board of Supervisors at which a quorum is present
shall be the action of the Board, except as otherwise provided in this chapter. Meetings
of the Board of Supervisors or any committee thereof may be conducted by electronic
or telephonic means, provided that all participants are able to communicate with one
another, that a record of such proceedings is prepared and circulated among all members
of the Board of Supervisors within 72 hours of such meeting, and the meeting complies
with all requirements of the Vermont Open Meeting Law. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 16. Term
All representatives to the Board of Supervisors shall hold office for one year beginning
April 1. Any representative may be reappointed to successive terms without limit. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 17. Vacancy
Any vacancy on the Board of Supervisors shall be filled within 30 days after such
vacancy occurs by appointment by the authority that appointed the representative whose
position has become vacant. An appointee to a vacancy shall serve until the expiration
of the term of the representative to whose position the appointment was made and may
thereafter be reappointed. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 18. Rules of procedures
Except as otherwise provided in this chapter, the most recent version of Robert’s
Rules of Order shall govern at all meetings. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 19. Compensation of members of Board of Supervisors
Each member municipality shall pay to its representatives to the Board of Supervisors
such reimbursement or expenses as it shall determine reasonable. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
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Subchapter 003: COMPENSATION OF MEMBERS OF BOARD OF SUPERVISORS
§ 20. Officers
The Board of Supervisors annually shall elect from among its members a Chair, Vice
Chair, Treasurer, and Clerk and those other officers as it deems appropriate for the
conduct of its business. Upon majority vote of the Board of Supervisors, the Treasurer
and Clerk may be non-Board members. No person may hold more than one office at one
time. Any officer vacancy shall be filled at the next regular or special meeting
of the Board of Supervisors. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 21. Bond
Prior to assuming their offices, the District shall secure appropriate public official
bonds in such amounts as may be determined by resolution of the Board of Supervisors.
The cost of such bond shall be borne by the District. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 22. Chair
The Chair shall preside at all meetings of the Board of Supervisors and shall sign
contracts on behalf of the District upon approval by the Board of Supervisors. The
Chair shall perform all of the duties incident to the position and office. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 23. Vice Chair
(a) During the absence of or inability of the Chair to render or perform his or her duties
or exercise his or her powers, the same shall be performed and exercised by the Vice
Chair and when so acting, the Vice Chair shall have all the powers and be subject
to all the responsibilities hereby given to or imposed upon the Chair.
(b) During the absence or inability of the Vice Chair to render or perform his or her
duties or exercise his or her powers, the Board of Supervisors shall elect from among
its membership an acting Vice Chair who shall have the powers and be subject to all
the responsibilities hereby given or imposed upon the Vice Chair. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 24. Clerk
The Clerk shall have the exclusive charge and custody of the public records of the
District and the Seal of the District. The Clerk shall record all votes and proceedings
of the District, including meetings of the District and meetings of the Board of Supervisors.
The Clerk shall prepare and warn all meetings of the District and Board of Supervisors
in accordance with Vermont law and shall cause the annual report approved by the Board
of Supervisors to be distributed to the legislative bodies of the member municipalities.
The Clerk shall prepare and distribute any other reports required by the laws of the
State of Vermont and resolutions or regulations of the Board of Supervisors. The
Clerk shall perform all of the duties and functions incident to the office of secretary
or clerk of a body corporate. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 25. Treasurer
The Treasurer shall have the custody of the funds of the District and shall be the
disbursing officer of the District. The Treasurer may perform all of the duties and
functions incident to the office of treasurer of a municipal corporation. Such duties
and functions shall be determined annually by the Board of Supervisors. During the
absence or inability of the Treasurer to render or perform his or her duties or exercise
his or her powers, the Chair shall serve as the disbursing officer of the District. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 26. Administrative personnel
The Board of Supervisors may employ an Executive Director and such other personnel
as it deems necessary for the conduct of the business of the District, and the Board
of Supervisors shall have the power to prescribe duties, set compensation, and delegate
such responsibilities as it deems appropriate. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 27. Records
The conduct of all meetings and public access thereto, and the maintaining of all
records, books, and accounts of the District shall be governed by the laws of this
State relating to open meetings and accessibility of public records. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 28. Audit
The Board of Supervisors shall cause an audit to be performed annually by an independent
professional accounting firm or a certified public accountant. A copy of the completed
audit shall be distributed to each member municipality. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 29. Executive Board
The Board of Supervisors shall have the authority to establish an Executive Board.
The Board of Supervisors shall annually grant such powers as it may deem necessary.
Additionally, the Board of Supervisors may grant to or remove from the Executive Board
such powers as it deems necessary. The members of the Executive Board shall consist
of the Chair, Vice Chair, and other members as appointed by the Board of Supervisors. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 30. Committees
The Board of Supervisors shall have the authority to establish any and all committees
as it may deem necessary. Each committee shall elect a chair by majority vote, at
a minimum of annually. The Board of Supervisors may appoint non-Board members to
serve on a committee but such non-Board members may not serve as chair of the committee. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 31. Compensation of officers
Officers of the District shall be paid such compensation or reimbursement, or both,
of expenses as shall be determined by the Board of Supervisors. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 32. Recall of officers
An officer may be removed by a two-thirds vote of the Board of Supervisors whenever,
in its judgment, the best interest of the District will be served. For this action,
each member of the Board of Supervisors shall cast one vote. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
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Subchapter 004: FISCAL AFFAIRS
§ 33. Fiscal year
The fiscal year of the District shall commence on July 1 and end on June 30 of each
year. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 34. Preparation of budget
Annually, on or before December 15th, the Board of Supervisors shall approve and cause
to be distributed to the legislative branch of each member municipality for review
and comment a proposed budget of the District for the next fiscal year. Included with
the proposed budget sent to each member municipality shall be the previous fiscal
year’s financial statement. This proposed budget shall include:
(1) deficits or surpluses, or both, from prior fiscal years;
(2) anticipated expenditures for the administration of the District;
(3) anticipated expenditures for the operation and maintenance of any District facilities;
(4) costs of debt service;
(5) payments due on long-term contracts;
(6) payments due to any sinking funds for the retirement of debts;
(7) payments due to any capital reserve funds;
(8) anticipated revenues from tipping fees and other sources, not including assessments
levied on the member municipalities;
(9) the necessary appropriations to operate and carry out the District’s functions for
the next fiscal year;
(10) the proposed assessment, if any, to each member municipality;
(11) such other estimates as the Board of Supervisors shall deem necessary to propose. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 35. Budget hearing
The Board of Supervisors shall hold a public hearing on or before January 7 of each
year to receive comments from the legislative bodies of member municipalities and
hear all other interested persons regarding the proposed budget. Notice of the hearing
shall be the same as that specified under section 46 of this chapter (public hearings).
The Board of Supervisors shall give consideration to all comments received and make
such changes to the proposed budget as it deems advisable. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012; 2013, No. 34, § 17.)
§ 36. Budget adoption, tipping fees, and appropriations
Annually, on or before January 15, the Board of Supervisors shall adopt the budget,
appropriate the sums that it deems necessary to operate and carry out the District’s
functions for the next ensuing fiscal year, and assess each member municipality for
its proportionate share of the sums so appropriated, and adopt a schedule designating
when such assessments are due and payable by the member municipalities. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 37. Apportionment of assessments
Assessments may be apportioned among the member municipalities on the basis of population,
trash generation (relative to the tonnage or volume of solid waste generated by or
within each of the member municipalities), or other basis voted by the Board of Supervisors.
If, after the first year of operation of any District facility, Board of Supervisors
determines that prior assessments were substantially inequitable, it may retroactively
adjust prior year assessments such that municipalities overcharged are given a proportionate
credit against future assessments and municipalities undercharged are assessed a proportionate
surcharge payable over such period as the Board of Supervisors determines will be
reasonable. Thereafter, the Board of Supervisors may by a vote of members present
and representing two-thirds of all the votes entitled to be cast at a regular meeting,
or a special meeting called for that purpose, change the basis of the assessment.
The Board may adjust the assessments accordingly, but no retroactive adjustments shall
be made. Similar estimates and adjustments shall be made for new member municipalities
and for the first time use of a new or different disposal facility. In the event
of a proposed change in the method of assessment, the Board of Supervisors shall hold
a public hearing on or before December 7th of each year to receive comments from the
legislative bodies of member municipalities and hear all other interested persons
regarding the proposed method of assessment. Notice of such hearing shall be the
same as that specified under section 46 of this chapter, public hearings. The Board
of Supervisors shall give consideration to all comments received and make such changes
to the proposed method of assessment as it deems advisable. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 38. Collection
Annually, on or before January 20, the Treasurer of the District shall issue and present
a warrant to the legislative body of each member municipality requiring that the amount
of such assessment, if any, be paid to him or her in accordance with the schedule
of payments adopted by the Board of Supervisors. The legislative body of each member
municipality shall draw an order on the municipal treasury for the amount of such
assessment, and the municipal treasurer shall pay to the District Treasurer the amount
of such order in accordance with the schedule for payments adopted by the Board of
Supervisors. If any member municipality shall fail to pay when due any assessment
against it by the District, it may incur the maximum penalty allowed by law plus interest
at the maximum rate allowed by law. Such penalty and interest, together with the
amount due, court costs, and reasonable attorney’s fees of the District may be recovered
by the District in a civil action under this section, notwithstanding the availability
of any other remedy available to the District. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 39. Limitations of appropriations
Actions or resolutions of the Board of Supervisors for the annual appropriations of
any year shall not cease to be operative at the end of the fiscal year for which they
were adopted, except as otherwise provided by the laws of the State of Vermont. Appropriations
made by the Board of Supervisors for the various estimates for the budget, as defined
in section 34 of this chapter, shall be expended only for such estimates, but by majority
vote of the Board of Supervisors, the budget may be amended to transfer funds between
or among such estimates, except as otherwise limited in this chapter. At the end of
the fiscal year, should actual revenues exceed actual expenditures, the Board of Supervisors
may, by a vote of members present and representing two-thirds of all the votes entitled
to be cast at a regular meeting or a special meeting called for that purpose, choose
to reimburse member communities, add to a reserve fund, make capital purchases, make
any improvements needed at that time, or refund members in the manner provided by
law. At the end of a fiscal year, should actual expenditures exceed actual revenues,
the Board of Supervisors, by a vote of members present and representing two-thirds
of all the votes entitled to be cast at a regular meeting or a special meeting called
for that purpose, will determine how to pay the deficit in future fiscal years. The
amount of any deficit at the end of the fiscal year may be paid out of a reserve fund
or may be included in and paid out of the operating budget and appropriations in the
next fiscal year or may be resolved in any other manner by a two-thirds vote of the
Board of Supervisors present and voting at a regular or special meeting thereof.
For these actions, each member of the Board of Supervisors shall cast one vote. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 40. Indebtedness
(a) Short-term borrowing. The Board of Supervisors may borrow money through the issuance of notes of the District
for the purpose of paying current expenses of the District. Such notes must mature
within one year. The Board of Supervisors may also borrow money in anticipation of
grants-in-aid from any source and any revenues other than assessments through the
issuance of notes of the District. Such notes must mature within one year, but may
be renewed as provided by general law. The Board of Supervisors may also borrow money
in anticipation of assessments in an amount not to exceed 90 percent of the amount
assessed for each year, and may issue notes of the District that must mature within
one year. The Board of Supervisors may also borrow money in anticipation of bond
proceeds that have been authorized as provided in this chapter. The Board of Supervisors
may engage in capital asset financing by any other means allowed by law.
(b) Long-term indebtedness; long-term contracts.
(1) Submission to voters. On a petition signed by at least 10 percent of the voters of the District, the proposition
of incurring a bonded debt or other indebtedness to pay for public improvements or
of authorizing a long-term contract shall be submitted by the Board of Supervisors
to the qualified voters thereof at a special meeting to be held for that purpose.
In the alternative, when the Board of Supervisors, at a regular or special meeting
of the Board of Supervisors called for such purpose, shall determine by resolution
passed by a vote of a majority of members present and voting that the public interest
or necessity demands improvements or a long-term contract, it shall order the submission
of the proposition of incurring bonded debt or other indebtedness or of authorizing
a long-term contract to the qualified voters of the District at a meeting to be held
for that purpose. A “long-term contract” means a contract in which the District incurs
obligations for which the costs are too great to be paid out of the ordinary annual
income and revenues of the District, in the judgment of the Board of Supervisors.
The terms “long-term contract” and “debt” or “indebtedness” shall not include any
contract that is subject to annual renewal or extension at the election of the District
or any contract pursuant to which payment by the District shall be subject to annual
appropriations in accordance with the annual budget or any contract for services or
the purchase or lease of equipment, materials, or supplies needed in the ordinary
course of business of the District. The term “public improvements” shall include improvements
that may be used for the benefit of the public, whether or not publicly owned or operated.
Bonded debt or other indebtedness may be authorized for any purpose permitted by 24
V.S.A. chapter 53, or any other applicable statutes for any purpose for which the
District is organized. The Board of Supervisors may not submit to the voters more
than twice in the same calendar year the proposition of incurring bonded or other
indebtedness to pay for the same or similar public improvement or of entering the
same or similar long-term contract.
(2) Sale of evidence of indebtedness. Any bonds, notes, or other evidence of indebtedness of the District may be sold at
par, premium, or discount at public or private sale or to the Vermont Municipal Bond
bank as the District, by a two-thirds vote of the Board of Supervisors, shall determine.
For this action, each member of the Board of Supervisors shall cast one vote. Such
indebtedness shall constitute a joint and several general obligation of the District
and its members.
(3) Warnings of meeting. The warning calling the special meeting of the District to incur bonded debt or other
indebtedness or to authorize a long-term contract shall state the object and purpose
for which the indebtedness or long-term contract is proposed to be incurred or authorized,
the estimated cost of the improvements or service, the amount of bonds or other evidence
of indebtedness proposed to be authorized, a summary of the terms of any contract
proposed to be authorized, and means of raising or apportioning costs entailed thereby
for debt service or payments under a long-term contract. The warning shall fix the
places where and the date on which the meeting shall be held and the hours of opening
and closing the polls. The Board of Supervisors, in cooperation with the board of
civil authority of each member municipality, shall determine the number and location
of polling places; provided, however, there shall be at least one polling place in
each member municipality.
(4) Notice of meeting. The Clerk of the District shall cause notice of such special meeting to be published
in a newspaper of known circulation in the District once a week for three consecutive
weeks on the same day of the week, the last publication to be not less than five nor
more than 10 days before such meeting. Notice of the meeting shall also be posted
in at least two public places within each member municipality at least 30 and not
more than 40 days before the meeting and be filed with the clerk of each member municipality
and the clerk of the District prior to posting.
(5) Informational hearing. The Board of Supervisors shall call, notice, and conduct at least one public informational
hearing preceding the date of the special meeting in the manner provided in section
46 of this chapter.
(6) Authorization. When a majority of all the voters present and voting on the question from all the
member municipalities at such special meeting vote to authorize the issuance of bonds
or other evidence of indebtedness or to authorize a long-term contract, the District
shall be authorized to issue the bonds or other evidence of indebtedness as provided
in 24 V.S.A. chapter 53 or other applicable statutes or to enter into the long-term
contract. The ballots cast in each member municipality shall be counted by the election
officials of each member municipality, preserved and secured with the checklist, and
thereafter the results shall be certified to the District Clerk within 48 hours, who
shall then certify the aggregate votes in favor and opposed to the proposition. Subchapter
5, sections 50 (Australian ballot), 51 (Qualifications and registration of voters),
52 (Conduct of meetings), 53 (Reconsideration or recession of vote), and 54 (Validation
of District meetings) of this chapter shall apply to any District meeting called to
incur long-term debt or to authorize a long-term contract.
(7) Assessment. The cost of debt service or of payments under a long-term contract shall be included
in the annual budget of the District, and shall be allocated among the member municipalities
as provided in sections 36 and 37 of this chapter unless otherwise provided by applicable
law and in the vote authorizing the same. The applicable provisions of 24 V.S.A.
chapter 53, or other enabling law under which debt is incurred, or long-term contracts
authorized, shall apply to the issuance of bonds or other evidence of indebtedness
by the District, and for that purpose, the District shall be deemed a “municipal corporation”
the Board of Supervisors shall be deemed a “legislative branch,” and the District
Treasurer shall be deemed a “municipal treasurer” within the purview of that chapter.
Bonds or other evidence of indebtedness and long-term contracts shall be signed by
the Treasurer and Chair of the Board of Supervisors of the District. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 41. Sinking fund
The Board of Supervisors may establish and provide for a sinking fund, however denominated,
for the retirement of bond issue or other debt, or to provide security for the payment
thereof. When so established, it shall be kept intact and separate from other monies
at the disposal of the District, and shall be accounted for as a pledged asset for
the purpose of retiring or securing such obligations. The cost of payments to any
sinking fund shall be included in the annual budget of the District. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 42. Capital reserve fund
The Board of Supervisors shall establish and provide for a capital reserve fund to
pay for public improvements, replacement of worn-out buildings and equipment, and
planned and unplanned major repairs of a facility, in furtherance of the purpose for
which the District was created. Any such capital reserve fund shall be kept in a
separate account and invested as are other public funds, and shall be expended for
such purposes for which established. The cost of payments to any capital reserve
fund shall be included in the annual budget of the District. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 43. Disposal fees and service charges
The Board of Supervisors shall establish and periodically adjust disposal fees and
service charges for the District’s own facility or facilities for the purpose of generating
revenues for the District’s services in the management of solid waste from sources
other than assessments to member municipalities. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
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Subchapter 005: SPECIAL DISTRICT MEETING
§ 44. Special District meetings
The Board of Supervisors may call a special meeting of the District when it deems
it necessary or prudent to do so, and shall call a special meeting of the District
when action by the voters of the District is necessary under this chapter or under
any applicable law. In addition, the Board of Supervisors shall call a special meeting
of the District if petitioned to do so by not less than five percent of the legal
voters of the District. The Board of Supervisors may rescind the call of a special
meeting called by it but not a special meeting called on application of five percent
of the legal voters of the District. The Board of Supervisors shall endeavor to have
the time of such special meetings coincide with the time of annual municipal meetings,
primary elections, general elections, or similar meetings when the electorate within
the member municipalities will be voting on other matters. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 45. Places of meetings
At any special meeting of the District, voters of each member municipality shall cast
their ballots at such polling places within the municipality of their residence as
shall be determined by the Board of Supervisors of the District in cooperation within
the board of civil authority of each member municipality. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 46. Public hearings
Not less than three nor more than 14 days prior to any special meeting called by the
Board of Supervisors, at least one public hearing shall be held by the Board of Supervisors
at which time the issues under consideration shall be presented and comments received.
Notice of such public hearing shall include the publication of a warning in a newspaper
of general circulation in the District at least once a week, on the same day of the
week, for three consecutive weeks, the last publication not less than five nor more
than 10 days before the public hearing. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 47. Warnings required
The Board of Supervisors of the District shall warn a special meeting of the District
by filing a notice with the town clerk of each member municipality and by posting
a notice in at least two public places in each municipality in the District not less
than 30 nor more than 40 days before the meeting. In addition, the warning shall
be published in a newspaper of general circulation in the District once a week on
the same day of the week for three consecutive weeks before the meeting, the last
publication to be not less than five nor more than 10 days before the meeting. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 48. Signing of warning
The original warning of any special meeting of the District shall be signed by the
Chair of the Board of Supervisors and shall be filed with the District Clerk before
being posted. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 49. Warning contents
The posted notification shall include the date, time, place, and nature of the meeting.
It shall, by separate articles, specifically indicate the business to be transacted
and the questions to be voted upon.
§ 50. Australian ballots
The Australian ballot system shall be used at all special meetings of the District
when voting is to take place. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 51. Qualifications and registration of voters
All legal voters of the member municipalities shall be legal voters of the District.
The member municipalities shall post and revise checklists in the same manner as for
municipal meetings prior to any District meeting at which there will be voting. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 52. Conduct of meetings
At all special meetings of the District, the provisions of 17 V.S.A. chapter 51 regarding
election officials (subchapter 1), voting machines (subchapter 3), polling places
(subchapter 4), absent voters (subchapter 6), process of voting (subchapter 7) count
and return of votes (subchapter 8), recounts and contest of elections (subchapter
9), and jurisdiction of courts (subchapter 10) shall apply except where clearly inapplicable.
The District Clerk shall perform the functions assigned to the Secretary of State
under that chapter. The Windham Superior Court shall have jurisdiction over petitions
for recounts. Election expenses shall be borne by the District. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 53. Reconsideration or rescission of vote
(a) A question voted on at any special meeting of the District shall not be submitted
to the voters for reconsideration or rescission, except at a subsequent special meeting
duly warned for that purpose, and called by the Board of Supervisors on its own motion
or pursuant to a petition requesting such reconsideration or rescission signed and
submitted in accordance with subsection (b) of this section.
(b) Where a petition signed by not less than five percent of the qualified voters of the
District requesting reconsideration or rescission of a question considered or voted
on at a previous special meeting (except with respect to action taken under section
40 of this chapter, for which a petition shall be signed by 10 percent of the qualified
voters) is submitted to the Board of Supervisors of the District within 30 days following
the date of that meeting, the Board of Supervisors shall provide for a vote by the
District in accordance with the petition within 60 days of the submission at a special
meeting duly warned for that purpose.
(c) A vote taken at a special meeting shall remain in effect unless rescinded at a special
meeting called and warned in accordance with this section.
(d) A question voted on shall not be presented for reconsideration or rescission at more
than one subsequent meeting within the succeeding 12 months except with the approval
of the Board of Supervisors. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 54. Validation of District meetings
When any of the requirements as to notice or warning of a special District meeting
have been omitted or not complied with, the omission or noncompliance, if the meeting
and the business transacted at it is otherwise legal and within the scope of the District
powers, may be corrected and legalized by vote at a special meeting of the District
called and duly warned for that purpose. The question to be voted upon shall substantially
be, “Shall the action taken at the meeting of this District held on (state date) in
spite of the fact that (state the error or omission), and any act or action of the
District officers of agents pursuant thereto be readopted, ratified, or confirmed.”
Error or omissions in the conduct of an original meeting that are not the result of
an unlawful notice or warning or noncompliance within the scope of the warning may
be cured by a resolution of the Board of Supervisors of the District by a vote of
two-thirds of all the votes entitled to be cast at a regular meeting or a special
meeting called for that purpose, stating the defect was the result of an oversight,
inadvertence, or mistake. When an error or omission of this nature has been thus
corrected by resolution, all business within the terms of the action of the qualified
voters shall be as valid as if the requirements had been initially complied with upon
condition, however, that the original action thereby corrected by the Board of Supervisors
was in compliance with the legal exercise of its corporate powers. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 55. Priority
When a special meeting of the District is called to act upon a proposition to incur
bonded or other indebtedness, the special meeting procedures outlined in subsection
40(b) of this chapter shall control over the meeting procedures outlined in this subchapter
in the event of conflict. (Amended 2011, No. M-11 (Adj. Sess.), § 2, eff. July 12, 2012.)
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Subchapter 006: MISCELLANEOUS
§ 56. Indemnification
(a) The District agrees it shall protect, indemnify, and hold harmless each member municipality
(except a member municipality found by a court of competent jurisdiction to be at
fault) and its respective officials, officers, members, employees, and agents from
and against all liabilities, damages, claims, demands, judgments, losses, costs, expenses,
suits, actions, or proceedings, and attorney’s fees and further agrees to defend the
indemnified party in any suit, action, or proceeding with respect to any act by or
default of the District arising out of the location and operation of a District waste
disposal facility or the negligent conduct arising from any District activities.
(b) Any member municipality that operates or maintains or has operated or maintained a
facility or facilities for the disposal of solid or hazardous waste (except a facility
the operation or maintenance of which is, pursuant to express written authorization
of the Board of Supervisors, conducted for the District) agrees that it shall protect,
indemnify, and hold harmless the District and each other member municipality (except
a member municipality found to be at fault) and their respective officials, officers,
members, employees, and agents from and against all liabilities, damages, claims,
demands, judgments, losses, costs, expenses, suits, actions, or proceedings, and attorney’s
fees and further agrees to defend the indemnified parties in any suit, action, or
other proceeding with respect to any act by or default of such municipality arising
out of its operation or maintenance, or both, of such facility.
(c) It is expressly agreed and understood by the District and the member municipalities
that neither the District nor any member municipality has accepted or assumed any
responsibility or liability for the past, present, or future operation or maintenance
of any solid or hazardous waste disposal facility located within the District or operated
by any member municipality, except a facility the operation or maintenance of which
is, pursuant to express written authorization of the Board of Supervisors, conducted
for or on behalf of the District.
(d) In the event the District is unable to meet any obligation with regard to which the
member municipalities are jointly liable, each member municipality shall contribute
its proportionate share of such obligations as computed under section 37 of this chapter
that are paid by the District to insure that all member municipalities share financial
responsibility for these obligations. (Amended 2011, No. M-17 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 57. Withdrawal of member municipality
A member municipality may terminate its membership in the District by a majority vote
of its voters present and voting at a duly warned annual or special meeting voting
for such a termination. At such annual or special meeting, a majority of the municipality’s
voters present and voting must also approve the terms and conditions of this chapter
for withdrawal required pursuant to subdivision (1) of this section. Such duly warned
meeting must be held no less than 30 days after notice of intent to withdraw has been
given to the Board of Supervisors. Said notice shall be in writing and delivered
to the Board by certified mail, return receipt requested. The termination shall take
effect upon a certification of the termination vote by the clerk of the terminating
municipality that must be delivered by certified mail, return receipt requested, to
the Secretary of the District between July 1 and October 31 to become effective the
following July 1. Requests for withdrawal received after October 31 shall result
in the District requiring full payment of the withdrawing municipality’s assessment
for the next fiscal year.
(1) The terminating municipality must sign a written agreement with the District to pay,
as applicable:
(A) Its share of any financial obligations incurred by the District up to the point of
termination, including its share of obligations subject to annual appropriation up
to the effective date of withdrawal;
(B) Its share of all existing indebtedness incurred by the District and obligations under
long-term contracts, at the time its termination becomes effective, including its
share of the debt or obligations incurred by the District for the remaining bonding
term or contract term; and
(C) Any direct, incidental, and consequential costs resulting from its withdrawal, including
fixed operational costs and costs of redesigning, relocating, or rebuilding a facility.
(2) [Repealed.] (Amended 2011, No. M-17 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 58. Admission of new member municipalities
The Board of Supervisors may authorize the inclusion of additional member municipalities
in the District upon such terms and conditions as it in its sole discretion shall
deem to be fair, reasonable, and in the best interest of the District. The legislative
branch of any nonmember municipality that desires to be admitted to the District shall
make application for admission to the Board of Supervisors of the District. The Board
shall determine the effects and impacts that are likely to occur if such municipality
is admitted and shall thereafter either grant or deny authority for admission of the
petitioning municipality. If the Board grants such authority, it shall also specify
any terms and conditions, including financial obligations upon which such admission
is predicated. If a majority of the voters of the petitioning municipality present
and voting at a meeting of such municipality duly warned for such purpose shall vote
to approve this chapter and the terms and conditions for admission, the vote shall
be certified by the clerk of that municipality to the Board of Supervisors. Thereafter,
upon satisfactory performance of the terms and conditions of admission, said municipality
shall, by resolution of the Board of Supervisors, become and thereafter be a member
municipality of the District. (Amended 2011, No. M-17 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 59. Dissolution of District
(a) Procedure. If the Board of Supervisors receives a dissolution petition from no less than five
percent of voters in each member municipality in which votes are verified by the town
clerk in each municipality, or if the Board by Supervisors, by resolution approved
by two-thirds of all the votes entitled to be cast, determines that it is in the best
interests of the public, the member municipalities, and the District that the District
be dissolved, and if the District then has no outstanding debt or obligations under
long-term contracts, or will have no such debt or obligation upon completion of the
plan of dissolution, it shall prepare a plan of dissolution and thereafter adopt a
resolution directing that the question of such dissolution and the plan of dissolution
be submitted to the voters of the District at a special meeting of the District duly
warned for such purpose. If two-thirds of the voters of the District present and
voting at such special meeting of the District duly warned for such purpose shall
vote to dissolve the District and approve the plan of dissolution, the District shall
cease to conduct its affairs except insofar as may be necessary for the winding up
thereof. The Board of Supervisors shall cause a notice of the proposed dissolution
to be mailed to each known creditor of the District and to the Vermont Secretary of
State, and shall proceed to collect the assets of the District and apply and distribute
them in accordance with the plan of dissolution.
(b) Plan of dissolution. The plan of dissolution shall:
(1) identify and value all unencumbered assets of the District;
(2) identify and value all encumbered assets of the District;
(3) identify all creditors of the District and the nature or amount of all liabilities
and obligations of the District;
(4) identify all obligations under long-term contracts;
(5) specify the means by which assets of the District shall be liquidated and all liabilities
and obligations of the District shall be paid and discharged, or adequate provision
shall be made for the satisfaction thereof;
(6) specify the amount of monies due from each member municipality, if necessary, to extinguish
the liabilities of the District;
(7) specify the nature and amount of any liabilities or obligations to be assumed and
paid by the member municipalities;
(8) specify the means by which any assets remaining after discharge of all liabilities
shall be liquidated, if necessary;
(9) specify that any assets remaining after payment of all liabilities shall be apportioned
and distributed among the member municipalities according to the same basic formula
used in apportioning the annual assessments of the District.
(c) Termination. When the plan of dissolution has been implemented, the Board of Supervisors shall
adopt a resolution certifying that fact to the member municipalities. Then, this chapter
and the District created hereby shall be terminated. (Amended 2011, No. M-17 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 60. Amendment of charter
(a) This chapter may be amended by petition of five percent of the voters (certified by
each Town Clerk) of the District under subchapter 5 of this chapter or by the Board
of Supervisors under this section. The Board of Supervisors at any regular or special
meeting of the Board of Supervisors may, by a majority vote, adopt a resolution stating
its intent to amend the chapter. A written copy of the resolution, stating the wording
and purpose of the amendment and the date of the meeting scheduled to act on the amendment,
shall be delivered to the legislative branches of each member municipality and mailed
or left at the usual place of residence of each member of the Board of Supervisors,
by the Clerk of the District at least ten business days prior to the meeting scheduled
to adopt the amendment. The amendment may be adopted by a vote of members present
and representing two-thirds of all the votes entitled to be cast at a regular meeting
or a special meeting called for that purpose of the Board of Supervisors, unless two-thirds
of legal voters of the legislative branches of the member municipalities request,
in writing, the Board of Supervisors hold a special District meeting to vote on the
amendment.
(b) If the amendment is adopted by the Board of Supervisors or by the voters of the District,
the Clerk of the District, within 10 business days after the vote of adoption, shall
certify to the Secretary of State each proposal of amendment showing the facts as
to its origin and the procedure followed. The Secretary of State shall then proceed
as with municipal charter amendments under 17 V.S.A. § 2645. The amendment shall become effective upon affirmative enactment of the proposal,
either as proposed or as amended by the General Assembly. Section 53 of this chapter,
relating to reconsideration and rescission of vote, shall apply to an amendment adopted
by a vote of the Board or the voters under this section.
(c) This chapter may be amended in the manner provided in this chapter, but no such amendment
shall be made that shall substantially impair the rights of the holders of any bonds
or other notes or other evidence of indebtedness or substantially affect any obligations
under long-term contracts of the District then outstanding or in effect, or the rights
of the District to procure the means for payment, continuation, or termination thereof. (Amended 2011, No. M-17 (Adj. Sess.), § 2, eff. July 12, 2012.)
§ 61. Severability
Should any court of competent jurisdiction judge any term, phrase, clause, sentence,
or provision of this chapter to be invalid, illegal, or unenforceable in any respect,
such judgment shall not affect the validity, legality, or enforceability of the chapter
as a whole, or any part of this chapter.
§ 62. Definitions
As used in this chapter, all terms below shall have the following meanings:
(1) “Composting” means the controlled biological decomposition of organic matter through
active management to produce a stable humus-rich material.
(2) “Conditionally exempt generator” (CEG) means a generator of hazardous waste that is
conditionally exempted from certain provisions of the Vermont Hazardous Waste Management
Regulations.
(3) “Discrete disposal facilities” means all facilities other than diffuse disposal facilities
that are used for the disposal of solid wastes. A discrete disposal facility may
include one or more landfill units.
(4) “Hazardous waste” means any waste or combination of wastes of a solid, liquid, contained
gaseous, or semisolid 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 of Natural Resources 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, 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. All special nuclear, source, or byproduct material,
as defined by the Atomic Energy Act of 1954, is specifically excluded from this definition.
(5) “Recyclable materials” means solid waste that may be reclaimed or processed so that
it may be used in the production of materials or products.
(6) “Recycle” means the process of utilizing solid waste for the production of materials
or products, but shall not include processing solid waste to produce energy or fuel
products.
(7) “Recycling facility” means a facility that accepts, aggregates, stores, or processes
recyclable materials.
(8) “Resource recovery facility” means a waste-to-energy facility.
(9) “Sludge” means any solid, semisolid, or liquid generated from a municipal, commercial,
or industrial wastewater treatment plant or process, water supply treatment plant,
air pollution control facility, or any other such waste having similar characteristics
and effects.
(10) “Solid waste” means any discarded garbage, refuse, septage, or sludge from a waste
treatment plant, water supply plant, or pollution control facility, and other discarded
material including solid, liquid, semisolid, 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 or solid or dissolved materials in industrial discharges that are point
sources subject to permits under the Water Pollution Control Act, 10 V.S.A. chapter
47. For the purposes of this chapter, solid waste that is also hazardous waste is
subject to further regulation under the Vermont Hazardous Waste Management Regulations.
(11) “Solid waste management” means the activities that result in the storage, transportation,
transfer, or treatment of solid waste or recyclable materials or in the disposal of
solid waste.
(12) “Transfer station” means a solid waste management facility where solid waste is collected,
aggregated, sorted, stored, or processed for the purpose of subsequent transfer to
another solid waste management facility for further processing, treatment, transfer,
or disposal.
(13) “Treatment” means any method, technique, or process, including neutralization, designed
to change the physical, chemical, or biological character or composition of any hazardous
or solid waste so as to neutralize such waste or so as to recover energy or material
resources from the waste or so as to render such waste safer for transport, amenable
for recovery, amenable for storage, or reduced in volume or, for hazardous wastes,
so as to render such waste nonhazardous. (Amended 2011, No. M-17 (Adj. Sess.), § 2, eff. July 12, 2012.)