§ 6606. Hazardous waste certification
(a) No person shall store, treat, or dispose of any hazardous waste without first obtaining
certification from the Secretary for such facility, site or activity. Certification
shall be valid for a period not to exceed 10 years.
(b) Certification of all hazardous waste facilities shall include:
(1) Identification of all hazardous waste to be handled at the facility, including the
expected amounts of each type of waste and the form in which it will be accepted.
(2) Detailed descriptions of all processes and technologies to be utilized by the facility
and provisions to ensure that the operation of the facility is carried out in accordance
with approved design and operation plans.
(3) [Repealed.]
(4) Evidence of liability insurance in amounts as the Secretary may determine to be necessary
for the protection of human health and safety and the environment.
(5) Evidence of financial responsibility in such form and amount as the Secretary may
determine to be necessary to ensure that, upon abandonment, cessation, or interruption
of the facility or site, all appropriate measures are taken to prevent present and
future damage to public health and safety and the environment, including full and
proper closure of the facility and, in the case of land treatment or disposal facilities,
post-closure care of the facility for a period of time to be determined by the Secretary.
(6) Evidence that the personnel employed at the hazardous waste treatment or disposal
facility or site have met such qualifications as to education and training as the
Secretary may determine to be necessary to ensure the safe and adequate operation
of the facility or site.
(7) A description of the location, design, and construction of such hazardous waste treatment,
disposal, or storage facility.
(8) Contingency plans for effective action to minimize unanticipated damage from any treatment,
storage, or disposal of any such hazardous waste.
(9) Such additional conditions, requirements, and restrictions as the Secretary may deem
necessary to preserve and protect the ground and surface water. This may include
requirements concerning reporting, recording, and inspections of the operation of
the facility. Guidelines for the establishment of conditions, requirements, and restrictions
shall be adopted by the Secretary according to procedures established in 3 V.S.A. chapter 25, the Vermont Administrative Procedure Act.
(c) The Secretary shall not issue a certification to a new nonmunicipal facility, or recertify
an existing nonmunicipal facility, without first ascertaining that the applicant meets
the requirements established in subdivisions 6605f(a)(1) and (2) of this title. (Added 1977, No. 106, § 1; amended 1981, No. 102, § 3; 1983, No. 148 (Adj. Sess.), § 3; 1993, No. 157 (Adj. Sess.), § 4; 1995, No. 141 (Adj. Sess.), § 6, eff. April 30, 1996; 2009, No. 146 (Adj. Sess.), § F12; 2019, No. 131 (Adj. Sess.), § 30.)