§ 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 use a process to reduce pathogens further 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 10 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)(A) 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:
(i) 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;
(ii) except as provided in subdivision (B) of this subdivision (3), if the waste is being
delivered from a municipality that does not have an approved implementation plan,
leaf and yard residuals shall be removed from the waste stream, and 100 percent of
each of the following shall be removed from the waste stream: mandated recyclables,
hazardous waste from households, and hazardous waste from small quantity generators.
(B) If waste delivered to the facility is process residuals from a material recovery facility,
the facility receiving the waste shall not be required to remove 100 percent of mandated
recyclables from the process residuals if the facility receiving the waste has a plan
approved by the Secretary to remove mandated recyclables from the process residuals
to the maximum extent practicable.
(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 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 requirements concerning reporting, recording,
and inspections of the operation of the site.
(c) The Secretary shall not issue a certification for a new facility or renewal for an
existing 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.
(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) When an application for a certification is filed under this section, the Secretary
shall proceed in accordance with chapter 170 of this title.
(g)(1) Notwithstanding any contrary 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; and
(iv) beginning January 1, 2013, any sludge or septage applied to land shall be applied
according to a nutrient management plan approved by the Secretary.
(2) Issuance of an approval under this subsection shall comply with section 7716 of this title.
(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.
(i) In lieu of obtaining a certification for the long-term maintenance and postclosure
care of the facility, the Secretary shall adopt rules to ensure the proper maintenance
and postclosure care of facilities that disposed of municipal solid waste and any
other waste stream designated by the Secretary. These rules shall require that the
facility owner and operator maintain financial responsibility as required under section 6611 of this title for the period of time determined necessary to protect public health and the environment.
These rules may include requirements for monitoring at a facility, monitoring requirements
for surface water or groundwater in the vicinity of the facility, monitoring of leachate
and gas control, physical maintenance of the facility, and corrective action for any
release of a solid waste from the facility.
(j) A facility certified under this section that offers the collection of municipal solid
waste shall:
(1) Beginning on July 1, 2014, collect mandated recyclables separate from other solid
waste and deliver mandated recyclables to a facility maintained and operated for the
management and recycling of mandated recyclables. A facility shall not be required
to accept mandated recyclables from a commercial hauler.
(2) Beginning on July 1, 2015, collect leaf and yard residuals between April 1 and December
15 separate from other solid waste and deliver leaf and yard residuals to a location
that manages leaf and yard residuals in a manner consistent with the priority uses
established under subdivisions 6605k(a)(3)-(5) of this title.
(3) Beginning on July 1, 2017, collect food residuals separate from other solid waste
and deliver food residuals to a location that manages food residuals in a manner consistent
with the priority uses established under subdivisions 6605k(a)(2)-(5) of this title.
(k) The Secretary may, by rule, adopt exemptions to the requirements of subsection (j)
of this section, provided that the exemption is consistent with the purposes of this
chapter and the objective of the State plan.
(l) A facility certified under this section may incorporate the cost of the collection
of mandated recyclables into the cost of the collection of municipal solid waste and
may adjust the charge for the collection of municipal solid waste. A facility certified
under this section may charge a separate fee for the collection of mandated recyclables,
leaf and yard residuals, or food residuals.
(m) Mandated recyclables, leaf and yard residuals, or food residuals collected as part
of a litter collection event operated or administered by a nonprofit organization
or municipality shall be exempt from the requirements of subdivision (b)(3)(B) and
subsection (j) of this section.
(n) A farm producing compost under subdivision 6001(22)(H) of this title is exempt from the requirements of this section. (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; 1991, No. 202 (Adj. Sess.), § 1, eff. May 27, 1992; 1993, No. 81, § 2; 1993, No. 157 (Adj. Sess.), § 2, eff. June 7, 1994; 1993, No. 233 (Adj. Sess.), § 61, eff. June 21, 1994; 1997, No. 51, § 3; 2001, No. 149 (Adj. Sess.), § 87, eff. June 27, 2002; 2009, No. 146 (Adj. Sess.), § F11; 2011, No. 138 (Adj. Sess.), § 31, eff. May 14, 2012; 2011, No. 148 (Adj. Sess.), § 4; 2013, No. 175 (Adj. Sess.), § 4; 2015, No. 95 (Adj. Sess.), § 1, eff. May 10, 2016; 2015, No. 150 (Adj. Sess.), § 25, eff. Jan. 1, 2018; 2017, No. 208 (Adj. Sess.), § 1, eff. May 30, 2018; 2021, No. 41, § 4, eff. May 20, 2021.)