Solid Waste Management Rules
STATE OF VERMONT
AGENCY OF NATURAL RESOURCES
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
SOLID WASTE MANAGEMENT RULES
Effective Date: June 24, 2002
Waste Management Division
West Office Building
103 South Main Street
Waterbury, Vermont 05671-0407
(802) 241-3444
Rule Number: 02P-002
Effective Date: June 24, 2002
Adopted: Signature
Date: May 31, 2002
Scott Johnstone, Secretary
Agency of Natural Resources
Solid Waste Management Rules
Original: February 1, 1989
Revised: February 7, 1994
Revised: July 1, 1998
Revised: January 15, 1999
Revised: June 24, 2002
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
SOLID WASTE MANAGEMENT RULES
TABLE OF CONTENTS
Subchapter 1 -- PURPOSE
6-101 Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 1
6-102 Declaration of Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 1
Subchapter 2 -- DEFINITIONS
6-201 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 - 1
Subchapter 3 -- APPLICABILITY AND ADMINISTRATION
6-301 General Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 1
6-302 Prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 3
6-303 Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 4
6-304 Application for Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 5
6-305 Review of Applications for Certification and Public Participation;
Minor Applications for Certifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 9
6-306 Interim Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 13
6-307 Modification or Revocation of Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 14
6-308 Recertification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 16
6-309 Categorical Disposal Certifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 16
6-310 Sludge from Domestic Wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 19
6-311 Environmental Impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 20
6-312 Appeals of Secretary’s Determinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 20
Subchapter 4 -- PLANNING
6-401 State Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 - 1
6-402 Solid Waste Implementation Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 - 1
6-403 State Approval of Solid Waste Implementation Plans . . . . . . . . . . . . . . . . . . . . . . 4 - 1
Subchapter 5 -- SITING
6-501 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 - 1
6-502 Prohibited Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 - 1
6-503 Siting Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 - 2
Subchapter 6 -- DESIGN STANDARDS
6-601 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 1
6-602 Submittals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 1
6-603 Site Characterization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 1
6-604 Treatment Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 2
6-605 Sludge and Septage Storage Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 5
6-606 Disposal Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 - 6
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
Subchapter 7 -- OPERATION STANDARDS
6-701
General Standards Applicable to All Facilities . . . . . . . . . . . . . . . . . . . . . . 7 - 1
6-702
Standards for Disposal Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 2
6-703
Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 6
6-704
Record Keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7
Subchapter 8 -- SPECIAL WASTES
6-801
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 1
6-802
Standards for Particular Special Wastes . . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 1
6-803
Mercury-Added Consumer Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 - 3
Subchapter 9 -- FINANCIAL RESPONSIBILITY AND CAPABILITY
6-901
Financial Responsibility-Private Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 1
6-902
Financial Capability - Public Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 3
Subchapter 10 -- CLOSURE AND POST-CLOSURE
6-1001
Closure Performance Standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 - 1
6-1002
Closure Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 - 1
6-1003
Post-Closure Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 - 3
6-1004
Closure Cost Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 - 4
6-1005
Post-Closure Cost Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 - 6
6-1006
Biennial Revision to Closure and Post-Closure Cost Estimates . . . . . . . . 10 - 6
Subchapter 11 - COMPOSTING FACILITIES AND ACTIVITIES
6-1101
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 - 1
6-1102
Composting Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 - 1
6-1103
Composting Certification Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 - 2
6-1104
Composting Categorical Certifications . . . . . . . . . . . . . . . . . . . . . . . . . . 11 - 3
6-1105
Composting Activities Eligible for Categorical Certification . . . . . . . . . . . 11 - 6
Subchapter 12 - STORAGE, TRANSFER AND RECYCLING FACILITIES
6-1201
General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 1
6-1202
Facility Management Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 1
6-1203
General Performance Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 1
6-1204
Design Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 1
6-1205
Operation Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 2
6-1206
Standards For Specific Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 3
6-1207
Recycling Facilities Collecting and Handling Between 50 and
400 Tons Per Year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 6
6-1208
Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 7
6-1209
Record Keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 8
APPENDIX A
Specific Requirements for Financial Responsibility Instruments
APPENDIX B
Processes to Significantly Reduce and Further Reduce Pathogens
PAINT FILTER TEST (METHOD 9095A)
6-101
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
Subchapter 1 -- PURPOSE
6-101 Authority
This rule is adopted under the authority of 10 V.S.A. Chapter 159, Waste Management. The
Secretary has the power to adopt, amend and repeal rules pursuant to 3 V.S.A. Chapter 25.
Related statutes include: 3 V.S.A. §2822(j) regarding fees; 24 V.S.A. Chapter 61, Subchapter 8
regarding the police powers of municipalities as related to rubbish and garbage; 32 V.S.A. Chapter 151,
Subchapter 13 regarding franchise tax on waste facilities.
6-102 Declaration of Purpose
These rules establish procedures and standards to protect public health and the environment by
ensuring the safe, proper, and sustainable management of solid waste in Vermont. They replace the February
7, 1994 Solid Waste Management Rules.
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6-201
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
Subchapter 2 -- DEFINITIONS
6-201 Definitions
As used in this chapter all terms not defined herein shall have the meaning given them in 10 V.S.A.
6602, unless a different meaning clearly appears from the context.
“Airport” means a public-use airport open to the public without prior permission and without
restrictions within the physical capacities of available facilities.
“Agency” means Agency of Natural Resources.
“Asbestos” means the fibrous varieties of primarily the amphibole and serpentine mineral groups
which include the minerals chrysotile, riebeckite (crocidolite), cummingtonite- grunerite (amosite),
anthophyllite, actinolite, and tremolite.
“Asbestos Waste” means a waste that contains any type of asbestos in an amount greater than one
percent by weight, either alone or mixed with other fibrous or non-fibrous materials.
“Bird Hazard” means an increase in the likelihood of collision between birds and aircraft that may
cause damage to the aircraft or injury to its occupants.
“Clean Fill” means naturally occurring earth materials which will not emit or discharge harmful
contaminants into the environment.
“Closure” means the set of activities and requirements that a facility must complete, as prescribed
by the facility's certification or the Secretary, when a portion of the facility or the entire facility is no
longer serving to process or dispose of solid waste. The timing of closure is either set forth in the
facility certification or will be determined by the Secretary.
“Cocomposting” means composting two or more wastes together.
“Commercial hauler” means: (a) any person that transports regulated quantities of hazardous waste;
and (b) any person that transports solid waste for compensation in a vehicle having a rated capacity
of more than one ton.
“Composting” means the controlled biological decomposition of organic matter to produce a stable
humus-rich material.
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“Conditionally Exempt Generator” (CEG) means a generator of hazardous waste which is
conditionally exempted from certain provisions of the Vermont Hazardous Waste Management
Regulations.
“Construction and Demolition Waste” means, for the purpose of these rules, waste derived from the
construction or demolition of buildings, roadways or structures including but not limited to clean
wood, treated or painted wood, plaster, sheetrock, roofing paper and shingles, insulation, glass,
stone, soil, flooring materials, brick, masonry, mortar, incidental metal, furniture and mattresses.
This waste does not include asbestos waste, regulated hazardous waste, hazardous waste generated
by households, hazardous waste from conditionally exempt generators, or any material banned from
landfill disposal under 10 V.S.A. §6621a.
“Contact person” means a person, designated by the Permittee(s), who has the authority to make
and implement decisions regarding operating conditions at the solid waste management facility.
“Container” means a portable device in which a material or waste is stored, transported, treated,
disposed or otherwise handled.
“Cover Material” means earthen material, or other material approved by the Secretary, that is used
to cover compacted solid wastes in a discrete disposal facility in order to control fire, disease
vectors and odors, to prevent blowing litter, to discourage scavenging by animals, and to assure an
aesthetic appearance.
“Diffuse Disposal Facilities” means surface or subsurface disposal areas where agronomically
beneficial wastes are disposed at a controlled application rate, usually based on crop nutrient
requirements, not tolerance.
“Discarded”, for the purpose of these rules, means when the original generator of material has
released his or her direct control. This will be assumed to have occurred when the original generator
of the material has delivered the material to a treatment, storage, recycling or disposal facility, or
placed in or near the public right of way for collection.
“Discharge” means the placing, depositing or emission of a waste directly or indirectly into or on any
land or water or into the air.
“Discrete Disposal Facilities” means all facilities other than diffuse disposal facilities that are used
for the disposal of solid wastes.
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6-201
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“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid
waste into or on any land or water so that such solid waste or any constituent thereof may enter the
environment or be emitted into the air or discharged into any ground or surface waters.
“Domestic Wastes” means wastes originating from bathrooms, kitchens, showers, toilets, or other
sanitary facilities, public or private, regardless of the degree of treatment.
“Facility” means all contiguous land, structures, other appurtenances, and improvements on the land,
used for treating, storing or disposing of solid waste. A facility may consist of several treatment,
storage, or disposal operational units.
“Floodplain” means the land area adjacent to a surface water body that is below the one hundred
(100) year flood elevation.
“Floodway” means the area of land and water necessary to convey the one hundred (100) year
flood without cumulatively increasing the water surface elevation more than one (1) foot.
“Groundwater” means water below the land surface, but does not include surface waters within the
meaning of 10 V.S.A. § 1251(13).
“Guidelines” means recommended considerations, technical criteria, specifications, and engineering
practices for location, design, operation and maintenance of solid waste management facilities.
“HHW/CEG Hazardous Waste Collection Facility” means a facility used for the collection and
storage of household hazardous wastes (HHW) and/or hazardous waste from conditionally exempt
generators (CEG).
“Hazardous waste” means any waste or combination of wastes of a solid, liquid, contained gaseous,
or semi-solid form, including but not limited to those which are toxic, corrosive, ignitable, reactive,
strong sensitizers, or which generate pressure through decomposition, heat or other means, which
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 which may have an unusually
destructive effect on water quality if discharged to ground or surface waters of the state. All special
nuclear, source, or by-product material, as defined by the Atomic Energy Act of 1954, is
specifically excluded from this definition.
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6-201
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“Household Hazardous Waste” (HHW) means any waste from households (including single and
multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds,
picnic grounds and day-use recreation areas) that would be subject to regulation as hazardous
wastes if it were not from households.
“Incinerator” means any structure or furnace in which combustion takes place, the primary purpose
of which is the reduction in volume and weight of an unwanted material.
“Infectious waste” means a waste capable of producing an infectious disease. For a waste to be
infectious, it must contain pathogens with sufficient virulence and quantity so that exposure to the
waste by a susceptible host could result in an infectious disease. For the purposes of these rules,
infectious wastes shall not include domestic sludge and septage or household waste. The following
types of wastes shall be managed as infectious wastes when the presence of an infectious disease
is known or when exposure to or contamination by pathogens is known to have occurred:
(1) Isolation wastes;
(2) Cultures and stocks of infectious agents;
(3) Human blood, blood products and body fluids;
(4) Pathological wastes;
(5) Sharps;
(6) Chemotherapy waste;
(7) Experimental animal carcasses, body parts, bedding and other animal room
wastes;
(8) Contaminated food and other products;
(9) Contaminated equipment; and
(10) Contaminated laboratory wastes.
“Leachate” means liquid containing dissolved, suspended, or miscible materials that passes through
or emerges from solid waste.
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6-201
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
“Liquid waste” means any waste material that is determined to contain "free liquids" as defined by
Method 9095A (Paint Filter Test), contained in "Test Methods for Evaluating Solid Wastes,
Physical/Chemical Methods" (EPA Pub. No. SW-846).
Mercury-Added Consumer Product” means a device or material into which elemental mercury or
mercury compounds are intentionally added during its formulation or manufacture and in which the
continued presence of mercury is desired to provide a specific characteristic, appearance, or quality,
or to perform a specific function. For the purposes of this Chapter “mercury-added consumer
products” shall be those mercury containing products required to be labeled by 10 V.S.A. §6621d
(a), namely:
(1) A thermostat or thermometer.
(2) A switch, individually or as part of another product.
(3) A medical or scientific instrument.
(4) An electric relay or other electrical device.
(5) A lamp.
(6) A battery, sold to the public, other than a button battery.
“Mobile HHW/CEG Hazardous Waste Collection Unit” means a vehicle or trailer used to collect
household hazardous waste (HHW) and/or hazardous waste from conditionally exempt generators
(CEG), at more than one location.
“Mobile Solid Waste Collection Operation” means the operation of a vehicle or trailer, or a
container on or attached to such vehicle or trailer, used for or dedicated to the purpose of collecting
solid waste.
“Municipal Solid Waste” means combined household, commercial, and industrial waste materials
generated in a given area.
“Operational Unit” means a discrete area of land or excavation that receives solid waste.
"Open Burning" means the burning of solid wastes in the open where the products of combustion
are emitted directly into the atmosphere without passing through a stack, chimney, or other
enclosure.
“Permitted Hazardous Waste Transporter” means a commercial hauler or transporter permitted to
transport hazardous waste, pursuant to the Vermont Hazardous Waste Management Regulations.
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“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.
“Post closure” means the time period following closure.
“Processed Recyclable” means the product resulting from recyclable materials which have been
treated by any method, technique or process.
“Recyclable Materials” means solid waste which may be reclaimed and/or processed so that they
may be used in the production of raw materials or products.
“Recycle” means the process of utilizing solid waste for the production of raw materials or products,
but shall not include processing solid waste to produce energy or fuel products.
“Recycling Facility” means a facility that accepts, aggregates, stores or processes recyclable
materials.
“Reuse” means the use of a material or product more than once before it is recycled or discarded
as solid waste.
“Saturated zone” means the zone in which the voids in the rock or soil are filled with water.
“Semi-permanent HHW/CEG Hazardous Waste Collection Unit” means either structures or
equipment used for the collection and storage of household hazardous waste (HHW) and/or
hazardous waste from conditionally exempt generators (CEG), which are transported between sites
certified or approved by the Secretary and which may remain temporarily at that location.
“Septage” means the liquid and solid materials pumped from a septic tank or cesspool during
cleaning.
“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.
“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
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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
which are point sources subject to permits under the Water Pollution Control Act, 10 V.S.A., ch.
47. For the purposes of these rules, solid waste that is also hazardous waste is subject to further
regulation under the Vermont Hazardous Waste Management Regulations.
“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.
“Stabilized” refers to the condition of waste in which it no longer undergoes physical, chemical, or
biological changes spontaneously.
“Storage” means the actual or intended containment of wastes, either on a temporary basis or for
a period of years; in such a manner as not to constitute disposal of such wastes.
“Transfer” means to carry, remove, transport, or shift solid waste from one place, facility, vehicle,
trailer, or container to another.
“Transfer Station” means a solid waste management facility where solid waste is collected,
aggregated, sorted, stored and/or processed for the purpose of subsequent transfer to another solid
waste management facility for further processing, treatment, transfer or disposal.
“Transport” or “transportation” means the movement of wastes by air, rail, road, highway, or water.
“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 non-hazardous.
“Untreated Wood” means wood which has not been treated with any chemical, stain, preservative,
paint, oil, or adhesive.
“Used Oil” means any petroleum product that has been refined from crude oil (in whole or in part),
or any synthetic oil that has been used and as a result of such use is contaminated by physical or
chemical impurities. Used oil is a free-flowing liquid at standard temperature and pressure and has
a flash point of greater than 140 degrees (Fahrenheit).
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“Vectors” means organisms or media (air, water, soil, etc.) that serve to transmit disease organisms.
“Waste” means a material that is discarded or is being accumulated, stored, or physically, chemically
or biologically treated prior to being discarded or that has served its originally intended use and is
normally discarded or that is a manufacturing or mining by-product and is normally discarded.
“Waste Management Boundary” means the outer perimeter of the area within which solid waste is
stored, treated or disposed.
“Water Table” means the upper surface of the zone of saturation.
“Working Face” means that portion of the discrete disposal facility where solid wastes are
discharged and are spread and compacted prior to the placement of cover material.
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6-301(a)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
Subchapter 3 -- APPLICABILITY AND ADMINISTRATION
6-301 General Applicability
(a)
These rules apply to persons storing, transporting, treating, disposing, recycling, or otherwise
managing any solid waste facility, except as provided in Section 6-301(b). Such solid waste
management facilities, include, but are not limited to: storage, including transfer stations;
transportation, incineration, recycling, composting or other processing or treatment; and discrete
disposal facilities, land application or other solid waste disposal. These rules also apply to persons
involved with solid waste planning activities pursuant to 24 V.S.A. § 2202a(c) (see Subchapter 4
- Planning).
(b)
The following are exempt from the provisions of these rules:
(1)
The disposal of trees, stumps, yard waste, and wood chips generated from these materials,
when the origin and disposal of such waste occurs on property under the same ownership
or control.
(2)
Earth materials resulting from mining, extraction, or processing operations except where the
Secretary determines that these materials may pose a threat to public health and safety, the
environment, or cause a nuisance.
(3)
Small volumes of less than one cubic yard of wastes that exhibit all of the following
characteristics:
(A)
are stabilized, treated, or composted;
(B)
are distributed in association with some other primary product (e.g., nursery stock,
top soil);
(C)
do not contain pathogenic or chemical contaminants above applicable standards (as
specified in Section 6-702(a)(10) and;
(D)
pass the prequalifying tests specified in Section 6-702(a)(10).
(4)
Recycling facilities which accept, aggregate, store and/or process less than fifty (50) tons
of recyclable materials per year.
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6-301(b)(5)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(5)
Waste material that has been treated or processed in a facility certified under these
regulations, and which after treatment or processing is determined by the Secretary to pose
no threat to the environment, public health and safety or creation of a nuisance.
(6)
Storage and compaction operations or activities managed by a solid waste generator or a
consortium of generators, provided that the original generator(s) of the material(s) have not
released the solid waste from their direct control, unless the Secretary has determined that
the operation or activity poses a threat to public health and safety or the environment, or
causes a nuisance. The release of direct control is considered to have occurred when the
original generator(s) of the material has delivered or transferred the material to a treatment,
storage, recycling or disposal facility, or has conveyed the material to a transporter.
(7)
Mobile Solid Waste Collection Operations, provided that:
(A)
the vehicles, trailers, or containers used to collect solid wastes in other than
contained or bagged form, must be fully capable of retaining and preventing the
release of all solid wastes and related liquids; and
(B)
wastes collected pursuant to such an operation shall be delivered to a certified
waste management facility by the end of the next business day, or within 48 hours
of collection, whichever is later.
(8)
The transfer of solid waste by a commercial hauler from a vehicle or trailer used for the
collection or storage of solid waste to another vehicle or trailer provided the transfer meets
the requirements of Section 6-301(b)(7) above and the receiving vehicle or trailer collects
no more than 10 tons of solid waste or 10,000 gallons of liquid sludge or septage at any
location.
(9)
Sludge management facilities located at wastewater treatment plants that are essential to the
wastewater treatment process and are not used solely for the storage or treatment of sludge.
Examples of exempt units include, but are not limited to, wastewater treatment lagoons and
digesters.
(10)
Septage, portable toilet, and holding tank wastes when disposed of at a municipal
wastewater treatment facility or other non-diffuse disposal facility, as determined to be
appropriate by the Secretary. This exemption does not, however, relieve operators of
wastewater treatment facilities from complying with the reporting requirements set forth in
Section 6-703.
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(11)
Collection of used oil and used oil filters provided that the collection is in compliance with
all applicable used oil provisions of the Vermont Hazardous Waste Management
Regulations, as may be amended, adopted pursuant to 10 V.S.A. Chapter 159.
(c)
Insignificant Waste Management Event Approvals
Upon submittal of a written request and receipt of written approval from the Secretary, a person
may engage in a waste disposal, storage, treatment or processing event of limited duration that will
not result in a threat to the public health and safety or to the environment, and will not create a
nuisance, without having received a Solid Waste Certification.
(d)
The Secretary may waive technical and siting requirements of these rules provided the following
conditions are met:
(1)
The President of the United States intends to perform a response action, as defined in 42
U.S.C. §9601(25), or the Secretary intends to perform a removal or remedial action,
pursuant to 10 V.S.A. Chapter 159, in response to a release or threatened release of
hazardous substances or materials; and
(2)
The Secretary makes a prior written finding that:
(A)
the proposed response action will not adversely affect public health, safety or the
environment; and
(B)
the technical and siting requirements will be complied with to the extent practical
in light of the overall objectives of the response.
6-302 Prohibitions
The following are prohibited:
(a)
Open burning of solid waste except as may be allowed in accordance with the Air Pollution Control
Regulations. The Secretary may require any person seeking to conduct the following types of open
burning to obtain additional approval for such burning pursuant to Section 6-301(c) of these rules:
(1)
Burning of structures for the purpose of training firefighters; and
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(2)
Fires to thwart a hazard which cannot properly be managed by any other means or fires
that are necessary for the protection of public health.
(b)
Combustion of solid waste in an incinerator unless the incinerator meets all requirements of the Air
Pollution Control Regulations and these Rules.
(c)
Construction, substantial alteration, or operation of any solid waste management facility to which
these rules apply without first obtaining certification or a modification of a certification from the
Secretary in accordance with these rules.
(d)
Treatment, storage or disposal of solid waste outside of a certified facility except for the limited
exemptions set forth in 6-301(b) and (c) of these rules.
(e)
Disposal of portable toilet and holding tank wastes at a diffuse disposal facility.
(f)
Disposal of hazardous waste in solid waste discrete disposal facilities, with the exception of
household hazardous waste.
(g)
Disposal of wastes listed in 10 V.S.A. § 6621a in a discrete disposal facility.
(h)
Disposal of infectious wastes in a discrete disposal facility which have not been treated by
disinfection, sterilization, or incineration.
6-303 Certification
(a)
Any person wishing to store, treat or dispose of solid waste or otherwise construct, substantially
alter or operate a solid waste facility as identified in Section 6-301 of these rules shall file for
certification in the manner set forth in Section 6-304 or Section 6-305 below. Facilities that qualify
for categorical certification under Section 6-309, categorical composting certification under Section
6-1104, or categorical recycling certification under Section 6-1207, shall file an application for
categorical certification as required by those Sections.
(b)
Treatment or storage facilities for sludge or septage that are located within the fenced area of a
domestic wastewater treatment plant permitted under 10 V.S.A. Chapter 47 are exempt from
obtaining certification provided that:
(1)
the treatment facility does not utilize a process to further reduce pathogens in order for the
waste to qualify for distribution and marketing;
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(2)
the facility is not a sludge or septage drying bed, lagoon, or non-concrete bunker; and
(3)
a sludge and septage management plan for the facility, as specified in Section 6-310(a), has
been submitted to the Secretary and the Secretary has approved the plan.
(c)
Certification shall be for a period not to exceed five (5) years.
(d)
Except for facilities that qualify for a categorical certification under Section 6-309, the Secretary
may not certify a discrete disposal facility unless it is in compliance with the Groundwater Protection
Rule and Strategy, as may be amended, adopted pursuant to 10 V.S.A. Chapter 48, Groundwater
Protection; Vermont Water Quality Standards, as may be amended, adopted pursuant to 10 V.S.A.
Chapter 47; and the laws of Vermont.
6-304 Application for Certification
(a)
Any person required to obtain certification under Section 6-303 shall fully complete, sign and submit
an application along with the appropriate fee, to the Secretary.
(b)
An application submitted by a corporation shall be signed by a principal executive officer of at least
the level of vice-president or a duly authorized representative who is responsible for the operation
of the facility. An application submitted by a partnership or a sole proprietorship shall be signed by
a general partner or proprietor. An application submitted by a municipality, state, or other public
entity shall be signed by a principal executive officer, ranking elected official or other duly authorized
employee.
(c)
The Secretary shall not begin the processing of a certification until the applicant has fully complied
with the application requirements, as identified by the Secretary, for the specific type of facility
involved, including submittal of appropriate fees.
(d)
The completion of the application shall be accomplished under the direction of a professional
engineer licensed in the State of Vermont, unless this requirement is specifically waived by the
Secretary for that application. The engineer shall make appropriate use of other disciplines to assure
compliance with all applicable standards contained or referenced in these rules. The engineer shall
certify that to the best of his or her information, knowledge and belief the application is in
compliance with such standards. If the Secretary waives the requirement that the completion of the
application is accomplished under the direction of an engineer, then the applicant is required to
certify that the application is in compliance with such standards.
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(e)
Each application for certification shall be made on a form provided for this purpose by the Secretary
and shall include, at a minimum, the following information:
(1)
siting, design and operations information sufficient to show compliance with Subchapters 5,
6 and 7 of these rules, or, in the case of Storage, Transfer and Recycling Facilities, with
Subchapters 5 and 12;
(2)
the name, mailing address, and phone number of the facility, and the name, signature, mailing
address, and phone number of the owner of the facility, the operator of the facility, and the
owner of the land on which the facility is located. If the operator is a different person than
the owner of the land on which the facility is to be located, or is otherwise unable to
demonstrate an unencumbered right to possession of the land, the owner of the land must
sign the application for certification as a co-applicant and agree to be bound by the terms
of the certification, except that this is not required for diffuse disposal facilities;
(3)
the name, mailing address, and phone number(s) of the primary and any secondary contact
persons;
(4)
the name, signature, mailing address and phone number of the person preparing the
application;
(5)
the type of solid waste management facility including all operational units;
(6)
the location of the facility, using the Vermont plane coordination system on the appropriate
Vermont orthophoto tax map or through the use of a ground position system. The
application shall also include a description of the limits on its horizontal and vertical
development of the facility;
(7)
a description of the proposed operation and future development of the facility in accordance
with the engineering plans;
(8)
the amounts and types of materials to be managed at the facility;
(9)
information sufficient, as defined by the Secretary pursuant to 10 V.S.A. Chapter 48, to
show that the property on which the facility is located is classified as a Class III or Class IV
groundwater area;
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(10)
evidence of compliance with the financial responsibility and capability requirements of
Subchapter 9 of these rules, or a plan for achieving compliance with these requirements
prior to the issuance of a draft certification;
(11)
unless otherwise exempt under Subchapter 10 of these rules, a closure and post-closure
plan along with cost estimates, as defined in Subchapter 10;
(12)
evidence of fee simple title in or an unencumbered right to possession of the property to be
used for the facility, except this is not required for diffuse disposal facilities;
(13)
evidence that the application complies with the planning requirements of 10 V.S.A. §
6605(c). Such evidence may consist of a written supporting statement from the appropriate
municipality, solid waste management district, solid waste alliance or regional planning
commission that identifies the relevant part(s) of the plan(s). This evidence is not required
in the case of a sludge or septage land application project;
(14)
evidence of compliance with the disclosure requirements of the waste management
personnel background review, pursuant to 10 V.S.A. 6605f;
(15)
in the case where a municipal solid waste discrete disposal facility is proposed to be located
within a 5 mile radius of an airport runway serving piston-driven or turbojet aircraft,
evidence that the applicant has notified the Federal Aviation Administration (FAA) and the
affected airport; and
(16)
a list of the names and mailing addresses of persons and entities that have received notice
and a copy of the certification application in accordance with 10 V.S.A. § 6605(f).
(f)
When a solid waste management facility includes more than one operational unit, such as multiple
sites used for the land application of septage or sludge, the information required for the certification
application shall be provided for all involved units.
(g)
Applicants shall keep records of all data used to complete applications and supplemental information
submitted to the Secretary for a period of at least six (6) years from the date on which the
application is signed, unless otherwise authorized by the Secretary.
(h)
(1)
Except as provided in Section 6-306(c), each application shall include a plan for effective
public notice of the application. Such plan shall include provisions for a notice of the
application to the general public by advertisement in at least two newspapers of general
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circulation in the area of the proposed facility, one of which shall be a regional weekly
newspaper if one is available. The applicant shall provide the Secretary with a list of the
names and mailing addresses of persons and entities that are to receive the public notice
prior to distribution. The plan shall include provisions for sending notices of the application
to:
(A)
the legislative body of the municipality in which the facility is proposed to be or is
located, to any adjacent Vermont municipality if the facility is proposed to be or is
located on a boundary, to the appropriate solid waste management district, and to
the legislative bodies of all municipalities that will be served by the facility; for
diffuse disposal facilities, public notice need only be sent to the municipality in which
the facility is proposed to be or is located, and to any adjacent Vermont
municipality if the facility is proposed to be or is located on a boundary;
(B)
(i)
For all facilities except those specified in Subsections (ii), (iii) and (iv)
below, all residences and landowners within a one-half mile radius of the
property boundary of the facility or the nearest one hundred (100)
residences and landowners, whichever is the lesser number;
(ii)
For diffuse disposal facilities, all residences and landowners within five
hundred (500) feet of the proposed diffuse disposal area, and to all
adjoining residences and landowners;
(iii)
For sludge and septage storage and treatment facilities which are located
at a wastewater treatment plant, except for those facilities treating the
material to achieve PFRP (process to further reduce pathogens), all
adjoining residences and landowners within one thousand (1000) feet of the
facility; and
(iv)
For all facilities, except diffuse disposal facilities, whose applications are
determined to be minor by the Secretary, all adjoining residences and
landowners.
(C)
any other state agency or subdivision thereof that has issued or may be required to
issue a permit for the facility; and
(D)
the regional planning commission and the solid waste district or municipal alliance
serving the town where the facility is located.
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(2)
Except in the case of public notices of minor applications, the Secretary may reduce, for
good cause shown, the requirements of subsection (h)(1)(B) of this Section if he or she finds
that fewer notifications will still provide an effective notice of the application.
(3)
The public notice shall give general background information on the application (e.g. facility
type, location, materials to be managed) and set forth the process for review of the
application including opportunities for public participation. The notice shall be prepared and
distributed by the applicant, but shall be approved by the Secretary prior to distribution.
(4)
The notice must also include the Agency's address.
(5)
For the purposes of this section, the term “adjoining residences and landowners” shall
include those residences and landowners residing on land adjacent to the facility applied for,
notwithstanding the presence of a road, railroad, other right of way or a watercourse
located on the boundary of the parcel of land on which the facility is located.
6-305 Review of Applications for Certification and Public Participation; Minor Applications for
Certifications
(a)
The following procedure applies to the review of applications for certification, except as provided
in subsection (b) below:
(1)
Within fifteen (15) days of the receipt of a certification application, the Secretary shall
review the application for administrative completeness, and shall notify the applicant in
writing that the application is either administratively complete or incomplete. If the
Secretary determines that the application is administratively incomplete, the Secretary shall
specify what information is missing or lacking and state that the Secretary's technical review
of the application will begin only when it is determined to be complete.
(2)
Upon the Secretary's determination that an application, including the plan for public notice
required by Section 6-304(h) is complete, the applicant shall provide public notice of the
application in accordance with the plan and shall ensure that at the time public notice is
provided a complete application is on file with the municipality where the facility is to be
located.
(3)
After an application is determined to be complete, the Secretary shall make draft findings
of fact concerning the facility's location, design, operation, and other pertinent information.
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(4)
The Secretary shall send draft findings of fact for review and comment to the applicant,
municipalities, solid waste districts, regional planning commissions, and any other state
agencies or subdivisions thereof that received a notice of application under Section
6-304(h) and any persons who, in writing, request the document. The Secretary shall
actively solicit comment on the draft findings of fact and shall provide a general public
notice, by advertisement in at least two newspapers of general circulation in the area of the
proposed facility, one of which shall be a regional weekly newspaper if one is available, of
the issuance of draft findings of fact and of the opportunity for public comment. The period
for the receipt of public comment on the draft findings of fact shall be specified in the notice
and shall end no sooner than fifteen (15) days after the date of public notice, except in
instances of public necessity determined by the Secretary.
(5)
After the completion of the draft finding of fact comment period, the Secretary shall review
the application for conformance with these rules as well as other applicable statutory and
regulatory requirements, taking into consideration the comments received. Upon receiving
written notification from the Secretary that the application conforms or does not conform
with these rules and all other applicable statutory and regulatory requirements, the applicant
shall ensure that a complete copy of the conforming application is on file in the municipality
where the facility is to be located. If the application conforms with the rules, a draft
certification shall be issued. If the application does not conform to these rules and all other
applicable statutory and regulatory requirements, a written denial shall be sent to the
applicant along with the reasons for the denial.
(6)
A fact sheet shall be compiled for every draft certification. The fact sheet shall briefly set
forth the basis of the draft certification and a summary of comments and responses derived
from the draft findings of fact.
(7)
Copies of the fact sheet and draft certification shall be sent to the applicant, to the
municipalities, solid waste districts, regional planning commissions, and any other state
agencies or subdivision thereof who received the notice of application under Section
6-304(h) or the draft findings of fact under Section 6-305(a)(4) and to any other person
who, in writing, requests the document.
(8)
The Secretary shall provide notice, by advertisement in at least two newspapers of general
circulation in the area of the proposed facility, one of which shall be a regional weekly
newspaper if one is available, of the issuance of each draft certification, and of the
opportunity for public comment. The period for receipt of public comments shall be
specified in the notice and shall end no sooner than twenty-two (22) days following the
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notice or fourteen (14) days following a public informational meeting, if one is held pursuant
to Subsection 9 of this section, whichever date is later. This notice must include information
on how and where the public may obtain copies of pertinent documents. Such documents
must be available at reasonable times and expense.
(9)
The Secretary shall hold a public information meeting to receive comment on the draft
certification if it is requested within the public comment period specified in subsection (8)
through petition by the selectmen of any town, the trustees of an incorporated village, a city
council, the appropriate officials of affected Agencies or subdivision thereof, or twenty-five
(25) or more citizens from within the municipality or adjacent municipalities where the facility
is located. The Secretary may also hold a public informational meeting on his or her own
motion. The Secretary shall provide public notice of the date and purpose of any such
informational meeting by advertisement in at least two newspapers of general circulation in
the area of the proposed facility, one of which shall be a regional weekly newspaper if one
is available. Any public informational meeting shall be held no sooner than fourteen (14)
days after the date of the public notice required by this subsection.
(10)
Prior to the issuance of a final certification, the Secretary shall prepare a summary of the
comments with responses noting all changes to the draft certificate with reasons stated for
those changes. If the issuance of a final certification is denied, the Secretary shall send a
written denial to the applicant, which shall explain the reason(s) for the denial.
(11)
When issuing draft or final certifications, the Secretary may impose any conditions,
requirements or restrictions as deemed necessary to assure compliance with statutes, rules
or to protect public health and safety and the environment.
(b)
The following procedure applies to applications which the Secretary determines to be minor:
(1)
For the purposes of this Subsection, an application may be deemed to be minor if the
Secretary determines that, given the nature of the facility, scale of the operation, and kinds
of activities, the facility for which certification application is made will not pose a significant
threat to public health and safety or the environment or cause a nuisance. Applications for
certification of solid waste management facilities not previously certified may not be deemed
minor by the Secretary. Applications for recertification which the Secretary may determine
to be minor include, but are not limited to, the following:
(A)
minor expansions of, or changes to, currently certified facilities;
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(B)
amendments to diffuse disposal facility certifications where not more than 25% of
the acreage used for diffuse disposal is changed;
(C)
recertification of facilities, or amendments to current certifications, for facilities
regulated under Subchapter 12 of these rules;
(D)
recertification of facilities, or amendments to current certifications, for food and yard
waste composting facilities not otherwise regulated under Subchapter 11 of these
rules;
(E)
recertification of facilities, or amendments to current certifications, for construction
and demolition debris treatment and processing facilities; or
(F)
recertification of facilities, or amendments to current certifications, for facilities
previously certified under the minor application process.
(2)
Within fifteen (15) days of the receipt of a certification application, the Secretary shall
review the application for administrative completeness, and shall notify the applicant in
writing that the application is either administratively complete or incomplete and whether the
application will be reviewed according to the procedures set forth in this section. If the
Secretary determines that the application is administratively incomplete, the Secretary shall
specify what information is missing or lacking and state that the Secretary's technical review
of the application will begin only when it is determined to be administratively complete.
(3)
Upon the Secretary’s written determination that an application for a minor certification
conforms with the rules, the applicant shall provide notice, pursuant to Section 6-304(h)(1)
above, that:
(A)
the Secretary has reviewed the application in accordance with the provisions of
Section 6-305(b) and has determined that the application complies with the rules;
(B)
a draft certification based on the application has been developed; and
(C)
a final certification is intended to be issued at the expiration of fourteen (14) days
from the date of the latest newspaper publication without convening a public
informational meeting unless a written request for a public informational meeting and
extension of the public comment period, signed by at least twenty five (25) residents
of the municipality wherein the facility is proposed to be located, by the legislative
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body or planning commission of the municipality wherein the facility is proposed,
by a governing solid waste management district, municipal alliance, or regional
planning commission, or by an adjoining landowner or resident, is received by the
Secretary no later than fourteen (14) days after the date of the latest newspaper
publication.
The applicant shall ensure that a complete copy of the application is on file with the
municipality where the facility is located, at the time public notice is provided.
(4)
If a written request for a public meeting and extension of the public comment period is
received by the Secretary within fourteen days from the date of latest newspaper
publication, or upon the Secretary’s own motion, the Secretary shall:
(A)
schedule and convene a public informational meeting to be held no less than
fourteen days after completion of the public comment period;
(B)
extend the public comment period for a period not less than seven days and not
more than fourteen days from the date of the public informational meeting; and
(C)
publish notification of the meeting, together with notification of an extension of the
public comment period in the same newspapers in which the prior notification of the
application was provided.
(5)
A responsiveness summary summarizing relevant public comment and the Secretary's
response to relevant comment, together with any changes to the draft certification, shall be
developed and made available to any interested public along with the final decision.
(6)
Notwithstanding any other provision of this subsection, the Secretary may require that any
application be processed according to the full procedures of subsection (a) above.
6-306 Interim Certification
(a)
A person who does not qualify for a solid waste management certification under the statutory or
regulatory requirements may be issued an interim certification. Such interim certifications cannot be
issued unless the Secretary makes findings, as set forth in 10 V.S.A. § 6605b.
(b)
The applicant for an interim certification must submit all of the information required in Section 6-304.
In addition, the applicant shall submit:
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(1)
evidence of the necessity of facility operation and public benefits derived from operation;
(2)
an assessment of currently available methods to manage the wastes stored, treated, or
disposed at the facility;
(3)
a schedule to complete activities resulting in proper closure or full certification of the facility;
(4)
monitoring plans for groundwater, surface water and air quality including summaries of
existing available data;
(5)
evidence that the construction, alteration, continued operation of the facility or continuation
of the activity is consistent with regional solid waste plans, if any, and the state waste
management plan; and
(6)
any other information the Secretary may require.
(c)
Interim certification procedures shall be identical to the procedures set forth in Section 6-305 for
full certification except that the following do not apply:
(1)
requirements for notice of application in Section 6-305(a)(2); and
(2)
requirements of draft findings of fact in Section 305(a)(4).
6-307 Modification or Revocation of Certification
Any certification or interim certification issued pursuant to these rules may be modified, amended,
suspended or revoked, in whole or in part, during its term for cause, including but not limited to the causes
set forth in subsection (a) of this section.
(a)
The Secretary may modify or amend any certification or interim certification upon his or her own
motion or upon a written request by the certification holder containing facts and reasons supporting
the request. If the Secretary determines that modification or amendment is appropriate, only the
conditions subject to the modification or amendment shall be reopened. All modifications and
amendments under this section shall be performed in accordance with the procedures and
requirements of Section 6-305 of these rules. Until modification or amendments are granted or
denied in whole or in part, all terms and conditions of the original certification shall remain in full
force and effect. Modifications or amendments to a certification may be made for cause, including:
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Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(1)
material and substantial additions or alterations to the facility or the facility's activities that
occurred after certification which justify the application of conditions different or absent
from the existing certification;
(2)
the receipt of information that was not available when the certification was issued which
justify the application of conditions different or absent from the existing certification;
(3)
the revision of statutes, standards or regulations, on which the certification was based, by
promulgation or judicial decision after the certification was issued which justify the
application of conditions different or absent from the existing certification;
(4)
the determination by the Secretary that other good cause exists for amendment or
modification, necessary to protect the public health and safety and the environment;
(5)
violations of any terms or conditions of the certificate;
(6)
a change in any condition that requires or justifies the application of terms or conditions
different from those originally included in the certificate; or
(7)
any other good cause which justifies or requires modification or amendment.
(b)
A certification or interim certification may be suspended or revoked, in whole or in part, during its
term for cause upon a motion by the Secretary or upon a written request containing facts and
reasons supporting the request. The certification holder shall be given written notice at least fourteen
(14) days before suspension or revocation takes effect. Written notice shall include a statement of
the reasons for suspension or revocation and notice of the certification holder's right to request a
hearing or otherwise present information on the suspension or revocation issues. If the certification
holder submits a written request for a hearing within fourteen (14) days of the date such notice is
issued, the Secretary shall provide an opportunity to be heard. If the Secretary determines that only
immediate suspension or revocation of a certification or interim certification can alleviate an
immediate and substantial hazard to public health and safety or the environment, suspension or
revocation shall become effective upon receipt of the written notice by the applicant. In such cases,
the certification holder may still request a hearing, although the suspension or revocation will be in
effect until the hearing has been completed and a decision has issued. The Secretary shall hear the
matter at the earliest possible time. Cause for suspension or revocation includes:
(1)
non-compliance with the requirements of 10 V.S.A. Chapter 159, these rules, or any
condition of certification;
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(2)
failure to disclose all relevant facts during the certification process that were known or
should have been known, at that time;
(3)
misrepresentation of any relevant fact at any time; or
(4)
a determination by the Secretary that only the suspension or revocation of a certification or
interim certification can alleviate an actual or potential hazard to public health or the
environment.
(c)
The Secretary may make de minimis modifications to a certification without following the
procedures set forth in Section 3-304 where the Secretary finds that the modifications pose no
threat to public health and safety or to the environment and will not create a nuisance, as determined
by the Secretary.
6-308 Recertification
(a)
A facility may be recertified upon following all application requirements according to the provisions
of the latest certification and these rules.
(b)
Notwithstanding subsection (a) above, a person may apply for recertification of a facility in
accordance with the following:
(1)
Upon review of the information currently on file with the Agency, the person shall identify
in writing what information required under Section 6-304 of these rules is on file in the
Agency and will not be resubmitted because there has been no change since the last
certification application; and
(2)
The person submits all documentation reflecting a change in the design, management or
operation of the facility, including but not limited to information that must be updated
according to Sections 6-304(e)(6), (10), (11), and (14) of these rules.
6-309 Categorical Disposal Certifications
(a)
General
The disposal of certain solid wastes, limited to those specified in subsection (b), may qualify for a
categorical disposal certification provided that the requirements of subsection (c) are satisfied. In
such cases, an application which addresses the requirements of subsection (c) must be submitted.
3 - 16
6-309(a)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
If the facility qualifies, a categorical certification will be issued for up to five years. The holder of
a categorical certification must comply with the standards and operating and reporting requirements
of subsections (c) and (d).
No later than January 1, 2002, any person operating a facility which was granted categorical
certification prior to the effective date of these rules shall re-apply for and receive categorical
disposal certification or shall cease operation of the facility.
If the Secretary determines that a disposal facility has posed or may pose a threat to the public
health and safety, the environment, or constitute a nuisance, the Secretary may determine that the
disposal facility does not qualify for categorical certification and is subject to the certification
requirements of 6-304 of these rules.
(b)
Waste Categories
Persons that dispose of one or more of the following categories of wastes are eligible for categorical
disposal certifications provided that the requirements of subsection (c) of Section 6-309 are
satisfied:
(1)
stumps, brush, or untreated wood;
(2)
road, bridge or highway construction debris exclusive of paints, cleaners, solvents,
emulsifiers and their containers, or other substances that can become a leachate or do
contain harmful leachable substances;
(3)
rinsed non-recycled glass;
(4)
concrete, masonry, mortar, or other inert minerals; or
(5)
other categories of inert wastes, as may be approved by the Secretary, that typically are not
the source of fires, habitat for vermin, discharge of leachate, or other threats to public health
and safety, environment, or the creation of a nuisance.
(c)
Application Requirements
In order to qualify for a categorical disposal certification, an applicant shall submit to the Secretary
an application which provides the information in (1) through (5) and which demonstrates compliance
with the siting limitations in (6):
3 - 17
6-309(c)(1)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(1)
Site location map and sketch showing the facility size and location;
(2)
Names of the owner of the land, the operator of the facility, along with business addresses
and telephone numbers;
(3)
Hours of operation;
(4)
An estimate of the type and quantity of materials to be received;
(5)
A letter from the municipality, municipal alliance or solid waste district serving the town
where the facility is located that indicates the disposal facility is acceptable under the solid
waste implementation plan, if any; and
(6)
Information which addresses the following siting limitations:
(A)
The facility is not located in a Class I or Class II Groundwater Area; in a watershed
for Class A Waters; in Class I or Class II wetlands or their associated buffer zones,
as defined in the Vermont Wetlands Rules, unless a Conditional Use Determination
has been issued by the Agency; or in Class III wetlands, as defined by the Vermont
Wetlands Rules, unless a Water Quality Certification, pursuant to 40 CFR Part
401, has been issued or waived by the Agency;
(B)
Disposal shall not occur less than three (3) feet above seasonal high groundwater
nor less than six (6) feet above bedrock;
(C)
Disposal shall not occur within the floodway or within the one hundred (100) year
floodplain;
(D)
Disposal shall not occur within three hundred (300) feet of a public highway or the
property line(s) of lands owned by others; and
(E)
Disposal shall not occur within one hundred (100) feet of a Class B Waters, as
designated by the Water Resources Board in the Vermont Water Quality
Standards.
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6-309(d)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(d)
Operational and Reporting Requirements
(1)
The waste shall be covered and the disposal area shall be graded at least once a year and
when closing the facility. A minimum cover shall consist of a one foot thickness of a silty fine
sand or other material capable of sustaining vegetation. The Secretary reserves the
authority to require more frequent cover requirements;
(2)
Access to the disposal facility shall be controlled at all times by a fence or barrier and a
lockable gate. An attendant shall be present to assure that only the waste allowed by the
categorical disposal certification is disposed of at the facility, to perform record keeping and
to observe disposal during the hours of operation;
(3)
The siting limitations, set forth in Section 6-309(c)(6) above are complied with;
(4)
The disposal facility shall maintain records of waste source, waste type, waste quantity and
date of receipt. The data shall be reported to the Secretary within twenty (20) days of the
end of each calendar year quarter, on forms provided by the Secretary; and
(5)
An annual report which includes a review of the disposal facility operation and development,
submitted within twenty (20) days of the end of each calendar year;
6-310 Sludge From Domestic Wastes
(a)
All owners of wastewater treatment plants that generate sludge as a result of the treatment of any
domestic waste shall submit sludge management plans to the Secretary for review and approval. The
plans shall identify the owners and operators of the plants and shall include a contingency plan, a spill
response plan, a reporting plan, information demonstrating conformance with an approved Solid
Waste Implementation plan, and information regarding methods of sampling and disposal.
(b)
All owners of wastewater treatment plants that generate sludge as a result of the treatment of
domestic waste shall report to the Secretary on a quarterly basis. The reports shall include the
quantity of sludge removed, sludge quality (when required), and the location where the sludge was
delivered for management or disposal.
3 - 19
6-311(a)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
6-311 Environmental Impairment
(a)
If the operation of a facility, which is otherwise in compliance with its certification, interim
certification, or categorical certification results in an emission or discharge that poses a threat to
public health and safety or the environment, the Secretary may, under the authority of 10 V.S.A.
§6610a, require the operator to perform certain activities including, but not limited to:
(1)
Additional monitoring of the surface water, groundwater, soils, or air;
(2)
Other investigations of the site necessary to determine the nature and extent of the emission
or discharge and any contamination resulting from the emission or discharge; or
(3)
Removal and remedial actions necessary to prevent further contamination, to address the
existing contamination, and to meet applicable environmental quality and public health
standards.
(b)
In situations where the Secretary determines that only the cessation of operations can alleviate the
hazard posed by a facility, certification suspension or revocation proceedings under Section
6-307(b) may be initiated. The Secretary may also pursue such other and/or additional remedies
authorized under Vermont law.
6-312 Appeals of Secretary’s Determinations
Determinations of the Secretary with respect to a permit, certification, classification action, or
endangered species variance for a solid waste management facility are appealable to the Waste Facility
Panel of the Vermont Environmental Board within 30 days of the Secretary’s determination, in accordance
with 10 V.S.A. §6101, et seq.
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6-401(a)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
Subchapter 4 -- PLANNING
6-401 State Plan
(a)
Pursuant to 10 V.S.A. § 6604, the Secretary shall publish and adopt a waste management plan that
sets forth a comprehensive state-wide strategy for the management of waste.
6-402 Solid Waste Implementation Plans
(a)
Pursuant to 24 V.S.A. §2202a(c)(2), each regional planning commission is required to work
cooperatively with municipalities within the region to prepare a solid waste implementation plan for
adoption by all the municipalities within the region which are not members of a solid waste district.
The plan must conform to the state solid waste management plan and describe in detail how the
region will achieve the priorities established by 10 V.S.A. §6604(a)(1). Each solid waste district
is required to adopt a solid waste implementation plan that conforms to the state waste management
plan, describes in detail how the district will achieve the priorities established in 10 V.S.A.
§6604(a)(1), and is in conformance with any regional plan adopted pursuant to 24 V.S.A., chapter
117.
6-403 State Approval of Solid Waste Implementation Plans
(a)
The Secretary shall review the solid waste implementation plan of a regional planning commission,
municipality, solid waste alliance or solid waste management district and evaluate the plan for
conformance with the state solid waste management plan in the following situations:
(1)
upon the request of the regional planning commission, municipality, solid waste alliance or
district responsible for preparing the plan; or
(2)
whenever there is good cause, including significant changes or amendments to municipal
solid waste implementation plans or to the state waste management plan.
(b)
The Secretary shall approve the solid waste implementation plan of a municipality, solid waste
alliance, or solid waste management district upon a determination that the plan conforms to the state
solid waste management plan. In determining conformance of a solid waste implementation plan
with the state plan, the Secretary must find that all planning activities and items required by the state
solid waste management plan have been adequately addressed or considered in the plan.
4 - 1
6-403(c)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(c)
Prior to approving the solid waste implementation plan of a municipality, solid waste alliance, or
solid waste district, the Secretary must also find that the public has had an appropriate opportunity
to participate in the plan's development. This finding shall be based on a demonstration of early and
continual efforts by the municipality or district to notify and involve interested and potentially affected
members of the public in the decisions being contemplated through the planning process.
(d)
Approval of the solid waste implementation plan by the Secretary establishes acceptance of siting
decisions identified within the plan, unless the approval is expressly qualified or conditioned by the
Secretary.
4 - 2
6-501
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
Subchapter 5 -- SITING
6-501 General
The requirements of this Subchapter apply to solid waste management facilities certified under
Sections 6-303 through 6-305, and under Subchapter 12 of these rules. Facilities which qualify for
categorical certification under Section 6-309, Subchapter 11 or Subchapter 12 are exempted from the
provisions of subsections 6-502 and 6-503, but have siting restrictions applicable to those facilities contained
within the provisions of those sections.
6-502 Prohibited Areas
(a)
Facilities are prohibited from being sited in the following designated areas:
(1)
In the case of discrete disposal facilities, in the Green Mountain National Forest except for
a one half (0.5) mile corridor drawn from the center line of the right of way of each Federal
and secondary highway or as approved by the National Forest Service. This prohibition
does not apply to diffuse disposal facilities;
(2)
Class I and Class II Groundwater Areas;
(3)
Class I and Class II wetlands and their associated buffer zones, as defined in the Vermont
Wetlands Rules, unless a Conditional Use Determination has been issued by the Agency;
(4)
Class III wetlands, as defined by the Vermont Wetlands Rules, unless a Water Quality
Certification has been issued pursuant to 40 CFR Part 401, or has been waived by the
Agency;
(5)
A National Wildlife Refuge as designated by the United States Fish and Wildlife Service;
(6)
A wildlife management area as designated by the Agency;
(7)
A threatened or endangered species habitat area as designated by the Agency, except for
diffuse disposal facilities;
(8)
A watershed for a Class A Waters, as designated by the Vermont Water Resources Board;
5 - 1
6-502(a)(9)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(9)
In the case of discrete disposal facilities, within the floodway or within the one hundred
(100) year flood plain;
(10)
In the case of diffuse disposal facilities, within the floodway;
(11)
Within five hundred (500) feet of an Outstanding Natural Resource Waters as provided for
in Vermont Water Quality Standards and as designated by the Vermont Water Resources
Board; or
(12)
In the case of discrete or diffuse disposal facilities, within an approved Public Water Supply
Source Protection Area, except that the Secretary may, on a case by case basis, make a
determination that a diffuse disposal facility may be sited in a Public Water Supply Source
Protection Area that is delineated by an arbitrary fixed radius method.
6-503 Siting Standards
(a)
General Performance Standard
Facilities shall be located such that an emission or discharge from the facility will not unduly harm
the public health and will have the least possible reasonable impact on the environment, regardless
of the technology used to minimize an emission or discharge.
(b)
In order to meet the general performance standard of subsection (a) of Section 6-503, the operator
must satisfactorily demonstrate the following:
(1)
that the isolation distances to seasonal high groundwater, bedrock and surface waters are
sufficient to assure that an emission or discharge from the facility will meet all applicable
environmental quality and public health standards and rules;
(2)
that the isolation distance to public and private drinking water supplies is sufficient to assure
that an emission or discharge from the facility will not adversely affect drinking water;
(3)
that the isolation distances to property lines, will be no less than fifty (50) feet or as
determined by the Secretary, and that isolation distances to homes, public buildings
(including schools, hospitals, and nursing homes), or places of public assembly are sufficient
to assure that the facility will not:
(A)
result in objectionable odors off site of the facility;
5 - 2
6-503(b)(3)(B)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(B)
result in an unreasonable visual impact for anyone off site of the facility;
(C)
unreasonably increase the level of noise detectable by persons off site of the facility;
or
(D)
otherwise adversely affect public health.
5 - 3
6-503(b)(4)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(4)
That any facilities or activities meet the minimum numerical criteria in the following table:
CATEGORY
FACILITY1 TYPE
Diffuse Disposal
Discrete Disposal
Subchapter 12
Injection Other
facilities
Minimum Vertical
3'
3'
6'
n/a
Separation from High
Seasonal Water
Table2
Minimum vertical
3'
3'
10'
n/a
separation to bedrock
Minimum distance to
50'
100'
300'
100' 3
waters of the State,
including intermittent
streams and all larger
water bodies
Distance to drinking
300'
300'
1000'
100' 3
water source from
waste management
boundary
Distance to property
25'
50'
50'
50' 4
line
Diffuse disposal, or land application, applies to sludge and septage distributed over an area
of land at a controlled rate to make efficient use of its nutrient and/or soil amendment value.
1These siting requirements do not apply to facilities that are exempt under Section 6-301(b) or that are
operating under categorical certification under Section 6-309, Section 6-1104 or Section 6-1207(a).
2For diffuse disposal the three (3) foot minimum vertical separation shall be measured from the ground
surface, or bottom of the zone of incorporation, to the saturated zone existing at the time of disposal. For discrete
disposal the vertical separation shall be measured from the bottom of the discrete disposal facility liner system to the
seasonal high groundwater table.
3These criteria apply only to facilities constructed after July 1, 1998 or to modifications after July 1, 1998 of
existing facilities.
4This criterion applies only to facilities constructed after July 1, 1998.
5 - 4
6-503(b)(4)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
Minimum criteria for discrete disposal (landfills) are based on underlying soils with a
maximum permeability of 1 x 10-4 cm/sec. Discrete disposal sites with more permeable
soils will be evaluated on a case by case basis, but are generally not acceptable. Discrete
disposal sites with less permeable soils are acceptable and the minimum distances may be
adjusted on a case by case basis, to reflect the lower permeability.
(5)
that the facility is not located in areas that have serious development limitations, such as
highly erodible soils, steep slopes, or do not have the physical capability to support the
facility;
(6)
that the facility is accessible from a state or federal highway or a Class III or better town
highway; and
(7)
Discrete disposal facilities which may attract birds located within 10,000 feet of a runway
used by turbojet aircraft, or 5,000 feet of a runway used only by piston-type aircraft, shall
not pose a bird hazard to aircraft.
(c)
The Secretary may request any additional information necessary to determine if a proposed facility
meets the standards contained in this section.
(d)
Facilities in existence as of February 1, 1989 which are used for the storage and treatment of sludge
and septage and located at a Wastewater Treatment Plant are exempt from the requirements of this
section.
5 - 5
6-601
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
Subchapter 6 -- DESIGN STANDARDS
6-601 General
Design of all solid waste management facilities, except for those facilities which qualify for categorical
certification under Section 6-309 or under Subchapter 11 or Subchapter 12, shall be addressed in a facility
management plan document. Except for those facilities regulated under Subchapter 12 of these rules, the
management plan document shall contain a basis of design and an operating plan for all components of the
solid waste management facility. The plan shall contain sufficient information to allow the Secretary to
determine conformance with these regulations. Sections 6-604 through 6-606 provide the criteria which
must be specifically addressed for each component of a solid waste management facility.
6-602 Submittals
(a)
The management plan documentation shall be prepared under the direction of an engineer, licensed
in the State of Vermont, unless the Secretary specifically waives the requirement that an engineer
be involved.
(b)
The engineer shall make appropriate use of available expertise for evaluating geology and
hydrogeology, soils science, air pollution control and impacts, and other areas of specialized
knowledge which may be required to assemble a management plan.
6-603 Site Characterization
A facility management plan document must be developed by the applicant. Except for facility
management plan documents prepared for facilities regulated under Subchapter 12 of these rules, this
document shall include information necessary to fully characterize the site and the facility operation. Such
site characterization shall be adequate to determine all mechanisms of emission or discharge to the
environment and to allow modeling of contaminant transport with a level of resolution sufficient to determine
compliance with applicable environmental quality standards (e.g., drinking water, surface water or
groundwater quality, or air quality standards). At a minimum, the site characterization must address, unless
deemed nonapplicable by the Secretary:
(a)
soils and surficial geology;
(b)
bedrock geology;
(c)
integrated groundwater geology and geochemistry;
6 - 1
6-603(d)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(d)
topography;
(e)
surface water;
(f)
groundwater location and flow direction;
(g)
air quality; and
(h)
airshed characteristics such as prevailing wind speed and direction, meteorology, and climatology.
6-604 Treatment Facilities
(a)
General Performance Standards
(1)
All treatment facilities shall result in a chemical, biological, or physical improvement in the
wastes being treated such that there is a reduction in the threat to public health and the
environment from the wastes.
(2)
All treatment facilities shall contain adequate means to allow the operator to exercise control
over the variable parameters of the treatment process which could result in the treatment
facility failing to meet permit conditions. The treatment facility should be flexible and its
controls should allow the operator to optimize the treatment process.
(3)
Facility management plans shall provide for reliable means to control vectors, emissions, or
discharges including odor and dust, so as to preclude hazards to public health and safety,
reduce impacts on the environment and reduce the likelihood of nuisance conditions.
(4)
Facilities shall be designed to protect surface and groundwater and the air, and to detect,
through appropriate monitoring, the emission or discharge of contaminants from the facility
to surface water, groundwater, or the air.
(5)
All treatment facilities designs must contain provisions for disposing of bypass, sidestream
and residual wastes. The facility receiving the bypass, sidestream, or residual wastes must
possess a certification or an interim certification. Suitable written agreements, between the
applicant and any facility proposed to receive such bypass, sidestream or residual waste,
must be submitted to demonstrate that a disposal facility will accept bypass, sidestream, or
residual wastes for the duration of the treatment facility certification.
6 - 2
6-604(a)(6)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(6)
Facility management plans shall include provisions for contingencies for the proper
management of waste during both planned and unplanned events when the facility is not in
operation.
(7)
Facility management plans shall include operator training plans that assure that all facility
personnel involved in the handling of waste receive organized instruction that teaches them
to perform their duties in a way that ensures the facility's compliance with these rules and
conditions of certification.
(8)
The applicants shall report to the Secretary all significant changes in the design plans at least
five (5) working days prior to construction unless approved by the Secretary.
(b)
Standards for Specific Treatment Processes
(1)
Compost and Co-Compost
(A)
To meet the requirements for distribution and/or marketing, sludge or septage or
other pathogen containing waste to be composted must undergo a process to
further reduce pathogens as defined in Appendix B or other treatment processes
deemed appropriate for other pathogen containing waste. Design documentation
must demonstrate the capability to meet this standard.
(B)
The design shall provide adequate storage at the treatment facility for curing the
compost, and for periods of time when compost is not in demand.
(C)
Evidence of ability to pass the prequalification test specified in Sections
6-702(a)(10)(B) of these rules shall be submitted to the Secretary with design
documentation.
(D)
A feasible marketing and development plan discussing how, where, and under what
conditions the compost or co-compost will be marketed or disposed of is required
for certification.
(2)
Land Application. Prior to the land application of solid wastes derived from domestic
waste, the waste must be treated, by lime stabilization, pyrolysis, or by other chemical,
biological or physical processes, to:
6 - 3
6-604(b)(2)(A)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(A)
meet the requirements of a process to significantly reduce or further reduce
pathogens as included in Appendix B; and to
(B)
assure that the final product is homogeneous and not otherwise deleterious in
character.
(3)
Waste Incineration
(A)
The facility management plan document shall:
(i)
identify the amounts and types of waste to be treated;
(ii)
identify the air and water pollution control devices to be used;
(iii)
include plans for the proper storage and handling of incoming wastes and
of residues;
(iv)
include plans for the disposal of incinerator ash and of solid wastes not
processed by the incinerator;
(v)
include testing requirements for waste generated by an incineration unit,
using a federally accepted test procedure with frequency of testing
determined on a case by case basis, but not less than annually; and
(vi)
insure that all ash residue is properly wetted or contained to prevent dust
emissions or discharges during on-site storage, loading, transport, and
unloading. Stored ash must be kept in watertight containers approved by
the Secretary. Containers used for the transport of ash must be watertight,
leach resistant, have covers, and be approved by the Secretary. Containers
should be prominently marked with an identification coding system so that
it is possible to maintain records of what containers are used for ash
transport.
(B)
Facilities shall be designed to assure that there is complete combustion as evidenced
by the greatest practical reduction in content of carbon compounds in the waste of
all wastes to be incinerated.
6 - 4
6-604(b)(2)(C)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(C)
Facility operations shall include methods to separate from the incinerator those
wastes that should not or cannot be burned.
6-605 Sludge and Septage Storage Facilities
(a)
General Performance Standards
(1)
Facilities shall be designed to provide adequate storage to assure the protection of public
health and safety and the environment and to assure that the disposal of stored wastes
occurs at proper times and under environmentally sound conditions.
(2)
Facilities shall be designed to prevent, to the greatest extent feasible, the reduction of the
quality of the waste, such as the rotting or contamination of stored wastes.
(3)
Facilities shall be designed to protect surface water and groundwater and the air, and to
detect, through monitoring where appropriate, the emission or discharge of contaminants
from the facility to surface water, groundwater, or the air.
(4)
Facility management plans shall identify means to control vectors, emissions, or discharges
including odor and dust, so as to preclude undue threats to public health and safety, the
environment or the creation of nuisance conditions.
(5)
Facility management plans shall include provisions for contingencies for the proper
management of wastes during both planned and unplanned events when the facility is not in
operation.
(6)
Facility management plans shall include operator training plans that assure that all facility
personnel involved in the handling of waste receive organized instruction that teaches them
to perform their duties in a way that ensures the facility's compliance with these rules and
conditions of certification.
(7)
Facility management plans must include estimates of amounts and types of solid wastes
brought to storage facilities, and a schedule for transport and disposal of these materials.
6 - 5
6-605(b)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(b)
Standards for Specific Facilities
(1)
Waste Piles Intended for Diffuse Disposal
(A)
Waste pile storage areas must be of adequate volume to contain the waste in
accordance with the generation, transport and disposal schedule contained in the
facility management plan.
(B)
Waste piles shall be covered if the contents are subject to leaching to groundwater.
(2)
Lagoons
The liner composition shall be compatible with the solid waste to be stored in a lagoon.
6-606 Disposal Facilities
(a)
General Performance Standards
(1)
Facilities shall be designed to minimize the possibility of an emission or discharge of
contaminants from the facility and, should an emission or discharge occur, the threats from
the emission or discharge to public health and the environment.
(2)
Facilities shall be designed to identify a means to control odor, vectors, and dust so as to
preclude hazards to public health and safety or the creation of nuisance conditions.
(3)
Facilities shall be designed to protect surface water, groundwater and the air, and to detect,
through monitoring where appropriate, the emission or discharge of contaminants from the
facility to surface water, groundwater, or the air.
(4)
Facility management plans shall include provisions for contingencies for the proper
management of wastes during both planned and unplanned events when the facility is not in
operation.
(5)
Facility management plans shall include operator training plans that assure that all facility
personnel involved in the handling of waste receive organized instruction that teaches them
to perform their duties in a way that ensures the facility's compliance with these rules and
conditions of certification.
6 - 6
6-606(a)(6)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(6)
Final cover systems for discrete disposal facilities shall be designed, constructed and
maintained to minimize erosion and infiltration from precipitation.
(b)
Standards for Specific Facilities
(1)
Diffuse Disposal Facilities
(A)
Facilities shall be designed to provide for an aggregate storage volume for five (5)
months of the waste generated to account for storage during winter months,
inclement weather and normal agricultural and silvicultural practices. Alternatives
which provide the equivalent of storage are acceptable if adequately documented.
(B)
Design documentation shall detail each disposal site with respect to soil character,
cropping practices, usable area, floodplain and seasonal restrictions, application
area and rates, and site life, as these affect the management of the facilities.
(C)
Land application rates shall be based on agronomic rates unless otherwise limited
by the Secretary. Waste quality must be fully documented as required in Section
6-702(a)(10).
(D)
Design shall show obvious points of public access and provide for any appropriate
measures to control public access.
(2)
Discrete Disposal Facilities
(A)
New discrete disposal facilities or new operational units at an existing facility,
placed in operation after July 1, 1987, shall have liner and leachate collection
systems and appropriate provisions for leachate treatment, except as otherwise
provided in Section 6-309(b) or in Section 6-606(b)(2)(B) of these rules. The
Secretary may further waive the liner requirement for discrete disposal facilities or
portions of discrete disposal facilities that are designated solely to receive particular
waste components that are not the source of leachate harmful to public health and
safety or the environment or the creation of nuisance conditions.
(B)
Discrete disposal facilities in operation prior to July 1, 1987, that are certified to
receive or actually receive less than one thousand (1,000) tons of municipal waste
per year may be exempted from liner and leachate requirements if the Secretary
finds that they will not create a significant risk to public health and that they will not
6 - 7
6-606(b)(2)(B)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
cause irreparable harm to the environment. This exemption only applies to discrete
disposal facility operations within the waste management boundary of the facility as
that boundary existed on November 3, 1995.
(C)
Not withstanding any other provisions of these rules, facilities used for the disposal
of ash from waste incinerators must have liner and leachate collection systems and
appropriate provisions for leachate treatment. Waste incinerator ash shall not be
disposed with other waste within the lined cell.
(D)
All new municipal solid waste discrete disposal facilities and lateral expansions
located in seismic impact zones must have containment structures designed to resist
the maximum horizontal acceleration in lithified earth material for the site.
(E)
All liner systems installed after February 7, 1989 shall be of double liner
construction. The primary liner shall be a synthetic material, or a composite of
synthetic and natural material. The secondary liner may consist of a natural material,
a synthetic material, or a composite of synthetic and natural materials. All natural
material liners, and natural material components of liners, must consist of an
appropriate thickness of soils or materials having an in-place permeability of 1 x
10-7 cm/sec or less. All liner systems must be approved by the Secretary on a
case-by-case basis. All such facilities shall be equipped with leak detection and
leachate collection systems capable of detecting and collecting leaks from the
primary liner system. Liners shall not be placed over buried solid waste.
(F)
Leachate collection systems shall be placed and sized to minimize ponding on the
liner. The components of leachate collection systems that feed to leachate storage
facilities shall be designed to insure that the depth of leachate does not exceed 12
inches over the liner with a maximum drainage length of two hundred (200) feet.
(G)
Discrete disposal facility designs shall provide a sequential capping plan for closing
operational units of the disposal facility during its life. Such operational units shall be
designed for a life not to exceed five (5) years unless otherwise approved by the
Secretary.
(H)
Facilities shall assure the control and treatment, if determined necessary by the
Secretary, of gases resulting from the decomposition of wastes to prevent hazards
to public health and safety, the environment, or the creation of a nuisance.
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6-606(b)(2)(I)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(I)
Discrete disposal facility designs shall provide for the appropriate control of surface
water run-on and run-off, as determined by the Secretary.
(J)
The engineering design and plan for lift development shall insure proper drainage
on the discrete disposal facility site and prevent ponding of water on the facility
surface. This requirement applies both during the working life of the facility and after
the final cover system has been installed and vegetation established.
(K)
The final cover system design for lined discrete disposal facilities shall include a gas
collection layer, an infiltration layer consisting of a minimum 18 inch thick layer of
earthen material with a permeability less than 1 x 10-5 cm/sec, a flexible membrane
liner with a minimum thickness of 40-mil, a drainage layer and an erosion layer
consisting of a minimum six-inch thick earthen material layer capable of sustaining
native plant growth. The Secretary may approve an alternative final cover design
and materials that includes an infiltration layer and/or an erosion layer of different
specifications or materials which are demonstrated to achieve equivalent
performance.
(L)
The final cover system design for unlined discrete disposal facilities shall include a
minimum two-foot thick layer of earthen material with a permeability of less than 1
x 10-5 cm/sec and less than the permeability of the facility base soils, and a minimum
six-inch thick earthen material layer capable of sustaining native plant growth.
Alternatively, a final cover system as described in subparagraph (K) above for lined
discrete disposal facilities will be utilized for unlined discrete disposal facilities if
required by the Secretary. The Secretary may approve alternative materials to the
earthen material which are demonstrated to achieve equivalent performance.
(M)
The final cover system design for either lined or unlined discrete disposal facilities
shall provide for a minimum slope of five (5) percent and a maximum slope of thirty-
three and one third (33 1/3) percent.
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6-701
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
Subchapter 7 -- OPERATION STANDARDS
6-701 General Standards Applicable to All Facilities
Operational requirements are provided below for all solid waste management facilities. Facilities
which qualify for categorical certification under Section 6-309 or Subchapter 11 and all facilities regulated
under Subchapter 12 are exempt from the provisions of this Subchapter, but have operational requirements
applicable to those facilities contained within the provisions of those sections.
(a)
Adequate and qualified personnel must be retained to operate solid waste management facilities.
(b)
Before a solid waste management facility may commence operations, a professional engineer
licensed in the State of Vermont must certify it was built in accordance with requirements of the
certification and furnish a complete set of as-built drawings to the Secretary. Upon written request
of the applicant, the Secretary may waive the requirement that the certification referred to above be
furnished by a professional engineer.
(c)
Owners and operators of a solid waste management facility shall adhere to all conditions of the
facility certification and these rules.
(d)
At least one contact person identified in the certification application shall be on site during all hours
of operation, unless specifically waived by the Secretary, in which case a contact person must
nevertheless be able to be contacted at all times.
(e)
All sampling must be performed by properly trained and qualified personnel. Qualified personnel
must have a minimum three (3) months training and (6) six months experience in sampling or
analysis.
(f)
The owner and operator shall take all steps necessary to prevent and/or control spills, nuisance dust,
vectors, wind blown debris, and odors.
(g)
The owner and operator shall take all practicable steps to prevent the inclusion of hazardous wastes,
as defined and regulated by Vermont's Hazardous Waste Management Regulations, into the waste
stream being managed by the facility.
(h)
Access to the facility shall be controlled, as appropriate, in a manner approved by the Secretary.
7 - 1
6-702(a)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
6-702 Standards for Disposal Facilities
(a)
Diffuse Disposal Facilities
(1)
Application of solid wastes on frozen ground or on top of snow covered ground is
prohibited.
(2)
Application rate shall be determined on the basis of representative sampling and analysis of
the wastes applied, the crop nutrient requirements, other sources of nutrient used, and
limited by other factors such as metals.
(3)
Cadmium application shall be limited to 0.45 pounds per acre annually, and 4.5 pounds per
acre cumulatively.
(4)
The pH of the soil in the zone of incorporation for all sites used for application of solid
wastes shall be maintained between 6.5 and 8.0 during the time of application.
(5)
Application of waste is prohibited on the one hundred (100) year floodplain unless
incorporated within forty-eight (48) hours of application.
(6)
Application of waste is prohibited at times when groundwater is within three (3) feet of the
zone of incorporation.
(7)
Application of waste is prohibited in Class I and Class II Groundwater areas.
(8)
Application is prohibited in a watershed for a Class A stream or stream segment.
(9)
Where solid waste is a domestic waste unless otherwise directed by the Secretary, the
following restrictions shall apply:
(A)
Provisions for controlling public access shall be established and maintained for the
duration of disposal, and for twelve (12) months beyond the last disposal episode.
(B)
Domestic food source animals shall be prohibited from grazing on disposal facilities
for the duration of the project and six (6) months beyond the last disposal episode.
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6-702(a)(9)(C)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(C)
Sites amended by waste application shall not be used for the production of crops
for direct human consumption, for the duration of the project and thirty six (36)
months beyond the last disposal episode.
(D)
Feed crops grown on waste amended disposal facilities shall not be harvested for
a period of five (5) weeks beyond the last disposal episode.
(E)
Silage to be used as a feed crop, from waste amended sites shall not be fed to
domestic food source animals for a period of four (4) months after the last
application of waste.
(10)
The following requirements for sampling, analysis, and standards shall be met:
(A)
All wastes intended for diffuse disposal shall be sampled and analyzed for the
following parameters. The frequency will be established in each certification.
(i)
The waste must pass the Extraction Procedure (EP) Toxicity Test Method
(or other EPA approved extraction procedure). This can be done one of
two ways; through sampling and analysis or calculation.
(aa)
Sampling and Analysis. Perform the EP Toxicity Test Method on
the sample; or
(bb)
Calculation. For a superior quality waste material it may be
possible to show mathematically that the waste cannot fail the
extraction procedure. If this method is chosen, the calculations
must be based on an assumption that all metals are extracted from
the sample.
(ii)
The waste must be tested for total metals concentration for the following
metals.
Cadmium
(Cd)
Chromium
(Cr)
Copper
(Cu)
Nickel
(Ni)
Lead
(Pb)
Zinc
(Zn)
Mercury
(Hg)
7 - 3
6-702(a)(10)(A)(ii) - Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
Note that Arsenic (As), Silver (Ag), Barium (Ba), and Selenium (Se) must
be analyzed if the calculation method, Subsection (10) above is chosen.
(iii)
The waste must be tested for total polychlorinated biphenyls (PCB).
(iv)
The waste shall be tested for the following nutrients, if land application is
the chosen disposal method.
Percent solids; pH; Total Kjeldahl Nitrogen (TKN); Ammonia-Nitrogen
(NH4-N); Nitrate-Nitrogen (NO3-N); Total Phosphorous (TP); and Total
Potassium (TK).
(B)
All wastes intended for diffuse disposal, or for processing at a composting or
co-composting facility, must meet the following standards. At the Secretary's
discretion, these standards may be made more or less stringent.
(i)
EP Toxicity Test Method limits (or other EPA approved extraction
procedure), or demonstrate mathematically that based on the total metals
concentrations in the waste, it will not fail EP Toxicity Test Method limits.
(ii)
Total metals concentrations of the wastes must be less than or equal to:
Metal
mg./kg., dry wt.
Cadmium (Cd)
25
Copper (Cu)
1,000
Lead (Pb)
1,000
Nickel (Ni)
200
Zinc (Zn)
2,500
Chromium (Cr)
1,000
Mercury (Hg)
10
(iii)
Total PCB = 10 mg/kg or less
(iv)
Pathogen reduction standards, as applicable in subsection (a) or (b) below.
(aa)
Compost or Co-Compost. To be considered compost or
co-compost, and eligible for disposal by general distribution, the
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6-702(a)(10)(B)(iv)(aa)
- Vermont Solid Waste Management Rules - June 24, 2002
waste must undergo a process to further reduce pathogens as
defined in Appendix B.
(bb)
Diffuse disposal by land application. Prior to land application of
solid waste derived from domestic waste, the waste must undergo
a process to significantly reduce pathogens or a process to further
reduce pathogens, as defined in Appendix B.
(11)
Testing frequency of solid waste, soil, groundwater, and surface water and plant tissue shall
be performed as specified in the solid waste management facility certification.
(12)
Only those marketing and distribution methods authorized in the solid waste management
facility certification are allowed.
(b)
reserved
(c)
reserved
(d)
Discrete Disposal Facilities
(1)
A qualified operator familiar with procedures and the facility management plan shall be on
site during all hours of operation.
(2)
Properly maintained and calibrated scales should be used to measure the weight of solid
waste received and disposed at the facility.
(3)
Adequate horizontal and vertical benchmarks shall be established prior to depositing any
waste, and maintained throughout the life of the facility.
(4)
The owner and/or operator shall make provisions for standby equipment to be operational
within twenty four (24) hours of breakdown of the primary equipment.
(5)
Cover material shall be in place at the end of each operating day, or at more frequent
intervals if necessary, to control disease vectors, fires and odors, to prevent blowing litter,
and to discourage scavenging by animals, without presenting a threat to human health and
the environment. Grading shall be accomplished to prevent ponding. A six inch thickness
is required when earthen material is used as cover material. In all areas other than the
working face which have not received waste material in any given operating day, the owner
7 - 5
6-702(d)(5)
- Vermont Solid Waste Management Rules - June 24, 2002
or operator shall take all steps necessary to ensure that the cover material remains functional
and stable until such time as the final cover system is installed.
(6)
Lift development shall be carried out in accordance with the engineering plans, to ensure
proper drainage and to prevent ponding.
(7)
The final cover system shall be in place within ninety (90) days of attaining the approved
final elevation or of the last date of receipt of waste for disposal. Grass or ground cover
shall be established within four (4) months of final cover or as soon as weather permits,
whichever is later.
(8)
Industrial and commercial solid waste, sludge, septage or other materials which may
combine to form hazardous substances shall only be deposited as specified in the
certification.
6-703 Reporting
(a)
The operator, including operators of wastewater treatment plants, shall make quarterly reports to
the Secretary on forms developed for this purpose by the Secretary. Such reports shall include, but
are not limited to, information on:
(1)
the quantity and quality of wastes, by type, managed by the facility at each site;
(2)
the sources of all solid wastes (by municipality) managed by the facility; and
(3)
the destination of all solid wastes managed by the facility.
(b)
The operator shall submit a report to the Secretary within five (5) working days of the receipt of any
information indicating non-compliance with any term or condition of certification or other operating
authority.
(c)
Any discharge or emission from a facility which poses a threat to public health and safety, a threat
to the environment or the creation of a nuisance must be reported within twenty four (24) hours to
the State of Vermont Department of Environmental Conservation, the local health officer, and the
selectpersons of the affected municipalities. A written report shall be submitted to the parties to
whom the event was reported within seven (7) days of the discharge or emission. The report shall
identify the discharge or emission that occurred, the type, quantity, and quality of waste, and the
actions taken to correct the problem.
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6-703(d)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(d)
The operator shall make any other reports that may be reasonably required by the Secretary in the
facility certification.
(e)
Commercial haulers subject to the permit requirements of 10 V.S.A. 6607a as a result of hauling
septage or sludge, must report to the Secretary in accordance with the following schedule:
(1)
Annually (by April 30 of each year) - for the coming year, submit letter of intent from all
facilities with conditions; and
(2)
Quarterly - record of the facilities and the quantities of septage or sludge delivered.
6-704 Record Keeping
(a)
The following records must be kept in a dry and secure location by the owner and/or operator of
the facility:
(1)
All information that demonstrates compliance with Subchapters 5 through 11;
(2)
Copies of the quarterly report forms that have been submitted to the Secretary as a
requirement of certification; and
(3)
Copies of any reports, records, data or other information required to be submitted to the
Secretary as a requirement of certification.
(b)
All records must be kept for the time period specified below:
(1)
For discrete disposal facilities, from the date on which the application for initial certification
is signed through the end of the post-closure period. The record keeping requirements shall
cease upon written notification by the Secretary of the completion of post-closure care, in
accordance with Section 6-1003(i);
(2)
For diffuse disposal facilities, from the date on which the application for initial certification
is signed through the date of closure of the facility; and
(3)
For sludge or septage storage and treatment facilities located at wastewater treatment
facilities, for five years.
7 - 7
6-801(a)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
Subchapter 8 -- SPECIAL WASTES
6-801 General
(a)
The Secretary may designate that certain types or categories of solid wastes are special solid wastes
if he or she determines that the wastes pose special environmental or public health and safety
concerns or have other characteristics (e.g., size, composition) that cause problems in handling or
management.
(b)
Subsequent to a special waste designation, the Secretary may require, as part of a certification or
other operating authority, any special handling or management techniques for the wastes involved
as may be necessary to assure the protection of public health and safety and the environment.
6-802 Standards for Particular Special Wastes
In addition to the standards otherwise enumerated in these rules, the following general standards
apply to the following special solid wastes:
(a)
Asbestos Waste
(1)
Any amount of asbestos waste exceeding ten (10) cubic yards from a single source must
be disposed of in a disposal facility certified to receive asbestos waste only, unless
otherwise approved by the Secretary. The operator of such a facility shall:
(A)
take appropriate measures to ensure the protection of all persons present during the
disposal of any asbestos waste and who perform duties within the disposal facility;
(B)
maintain records on the generator, source, and type asbestos waste, volume
disposed, and dates of disposal;
(C)
mist the daily disposal cell prior to disposal;
(D)
inspect vehicle contents to determine whether all asbestos waste has been properly
contained and labeled in accordance with Department of Health Regulations for
Asbestos Control;
(E)
verify the content of contained asbestos waste from each generator;
8 - 1
6-802(a)(1)(F)
-Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(F)
mist the contained asbestos waste as it is removed from the vehicle;
(G)
perform disposal in such a way as to ensure no airborne emissions;
(H)
cover immediately after placement with at least six (6) inches of appropriate cover
material, ensuring no breakage of contained asbestos waste;
(I)
provide training of employees in the asbestos waste disposal procedures;
(J)
ensure that the properly contained asbestos waste is transported in closed transport
vehicle containers and that the containers have not been mechanically compacted
prior to receipt at the disposal facility; and
(K)
use a three-dimensional grid system to identify where the waste is disposed.
(2)
Amounts of asbestos waste less than ten (10) cubic yards from a single source may be
disposed of at a certified municipal solid waste discrete disposal facility if the operator:
(A)
disposes of waste in an area of the certified facility away from the working face, but
not along a final slope; and
(B)
meets the requirements of subsections 6-802(a)(1)(A), (B), (D), (E), (G), (H), and
(J).
(b)
Infectious Waste
(1)
Infectious waste which is treated by disinfection, sterilization, or incineration may be
disposed of at a certified municipal solid waste discrete disposal facility, if the operator:
(A)
disposes of the waste in an isolated area within the working face except as
precluded in Section 6-606(b)(2)(C) of these rules;
(B)
takes appropriate measures to ensure the protection of all persons present during
the disposal of any treated infectious waste and who perform duties within the
disposal facility; and
8 - 2
6-802(b)(1)(C)
-Vermont Solid Waste Management Rules-Effective Date: June 24, 2002
(C)
covers immediately after placement with at least six (6) inches of
appropriate cover material, ensuring no breakage of contained infectious waste
while exposed to an open air environment.
(c)
Hazardous waste from conditionally exempt generators:
CEG hazardous waste may only be accepted for handling and transfer by solid waste facilities
certified or approved by the Secretary to manage these wastes according to the provisions of
Subchapter 12 of these rules.
(d)
Liquid Containers
(1)
Liquid containers with a capacity of greater than thirty (30) gallons shall be cleaned prior
to disposal.
(e)
Liquid wastes including septage and sludge
(1)
Prior to the disposal of these wastes in any discrete solid waste facility, written approval
from the Secretary is required.
6-803 Mercury-Added Consumer Products
(a)
To facilitate the source reduction of mercury from solid waste and to help ensure proper handling,
recycling and disposal of waste mercury-added consumer products, certain mercury-added items
must be labeled prior sale.
(1)
After July 1, 1999, a manufacturer or wholesaler may not sell at retail in this state, to a
retailer in this state, or for use in this state, and a retailer may not knowingly sell, any of the
items listed in 10 V.S.A. §6621d(a) at retail if they contain added mercury, unless the item
is labeled in accordance with Subsections 6-803(b) or (c).
(2)
Items to be labeled are:
(A) A thermostat or thermometer.
(B) A switch, individually or as part of another product.
(C) A medical or scientific instrument.
8 - 3
6-803(a)(2)(D)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(D) An electric relay or other electrical device.
(E) A lamp.
(F) A battery, sold to the public, other than a button battery.
(b)
The following labeling standards shall apply to all mercury-added consumer products listed in
Subsection 6-803(a)(2) above:
(1)
The label must clearly inform the purchaser or consumer that mercury is present in the item
and that the item may not be disposed of or placed in a waste stream destined for disposal
until the mercury is removed and reused, recycled, or otherwise managed to ensure that
mercury does not become part of solid waste or wastewater.
(2)
A label must be clearly visible and legible to consumers prior to purchase of the product.
The label must be located on a surface of the product that is visible during installation and
removal.
(3)
For labels affixed to products, the required words or symbols must be printed, mounted,
molded, or engraved on the surface of the product using materials sufficiently durable to
remain legible for the useful life of the product.
(4)
For products with enclosed mercury-added switches, both the enclosed device and the
larger product must be labeled.
(5)
A listed mercury-added consumer product must be labeled if manufactured after July 1,
1999.
(6)
Primary responsibility for affixing the required labels shall be on the manufacturer, and not
on the wholesaler or retailer.
(c)
The Secretary may administratively authorize alternative labeling, including package labeling, for
mercury-added consumer products listed in Subsection 6-803(a)(2) above under the following
conditions:
8 - 4
6-803(c)(1)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(1)
A manufacturer must submit a written request for alternative labeling documenting that a
product or class of products cannot reasonably be labeled to comply with specific
requirements of Subsections 6-803(a) and/or (b) above.
(2)
All authorizations for alternative labeling granted under this Subsection will be limited in
duration and may be renewed.
8 - 5
6-901(a)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
Subchapter 9 -- FINANCIAL RESPONSIBILITY AND CAPABILITY
6-901 Financial Responsibility-Private Facilities
(a)
The requirements for financial responsibility for solid waste management facilities as contained in this
section shall apply to all existing and future private facilities except those facilities that qualify for
categorical certification under section 6-309. State and local governments or other public entities
are required to comply with the provisions on financial capability in Section 6-902.
(b)
This section establishes requirements and procedures for applicants for solid waste management
facility certifications to show evidence of financial responsibility for closure and, as appropriate,
post-closure care. Financial responsibility is provided so that upon abandonment, cessation, or
interruption of the operation of a facility, all appropriate measures can be taken to prevent present
and future damage to the public health and safety and to the environment.
(c)
Evidence of financial responsibility shall be in one or a combination of the following forms:
(1)
a trust fund maintained by the applicant for the benefit of the Agency with a surety bond
guaranteeing full payment into the fund;
(2)
a surety bond guaranteeing performance of closure or post-closure care;
(3)
an irrevocable standby letter of credit;
(4)
a deposit of acceptable collateral, as determined by the Secretary;
(5)
a financial test and corporate guarantee, as determined appropriate by the Secretary; or
(6)
other financial responsibility instruments that the Secretary may deem appropriate.
(d)
The content of any particular financial responsibility instrument must meet the standards and
requirements specified in Appendix A.
(e)
Financial responsibility instruments shall be submitted on a form prepared for this purpose by the
Secretary.
(f)
Financial responsibility instruments shall be in the amount of the cost estimate for closure and
post-closure care, as calculated using the procedures set forth in Subchapter 10.
9 - 1
6-901(g)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(g)
The certification holder must maintain financial responsibility equal to or greater than the required
cost estimates at all times except as provided in this subsection. The certification holder has ninety
(90) days to increase the total amount of financial responsibility so as to equal the required cost
estimates after any of the following:
(1)
an increase in the required cost estimates;
(2)
a decrease in the value of a trust fund;
(3)
a determination by the Secretary that the certification holder no longer meets the gross
revenue or financial test; or
(4)
notification by the certification holder that he or she intends to substitute alternative financial
responsibility for self-insurance.
(h)
Use of Financial Responsibility Instruments
(1)
An applicant may satisfy the requirements of this section by establishing more than one
financial responsibility instrument per facility. These instruments are limited to trust funds,
surety bonds, letters of credit, and deposits of acceptable collateral. The instruments must
be as specified in Appendix A, except that it is the combination of instruments, rather than
the single instrument, that must provide financial responsibility for an amount at least equal
to the closure or post-closure care cost estimate.
(2)
The Secretary may draw on any or all of the instruments to provide for closure or
post-closure care at the facility.
(i)
Use of a Financial Responsibility Instrument for Multiple Facilities
(1)
An applicant may satisfy the requirements of this section by using a single financial
responsibility instrument for more than one facility. Evidence for financial responsibility
submitted to the Agency must include a list showing, for each facility, the name, address,
and the amount of funds assured by the instrument must be no less than the sum of funds that
would be available if a separate instrument had been established and maintained for each
facility.
(2)
In directing funds available through the instrument for closure or post-closure care for any
of the facilities covered by the instrument, the Secretary may direct only the amount of funds
9 - 2
6-901(i)(2)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
designated for that facility, unless the applicant agrees to the use of additional funds available
under the instrument.
(j)
Use of a Financial Responsibility Instrument for Both Closure and Post-Closure Care
An applicant may satisfy the requirements of this section for both closure and post-closure care for
one or more facilities by using one of the instruments specified in this section The amount of funds
available through the instrument must be no less than the sum of the funds that would be available
if a separate instrument had been established and maintained for closure and post-closure care.
(k)
Release from Financial Responsibility Requirements
Upon satisfactory demonstration by the certification holder to the Secretary that the requirements
of a closure or post-closure care plan have been satisfied, the Secretary will notify the certification
holder in writing, within sixty (60) days, that he or she is no longer required to maintain financial
responsibility for closure or post-closure care.
6-902 Financial Capability - Public Facilities
(a)
The requirements for financial capability for solid waste management facilities apply to facilities
operated by the State of Vermont, or by municipal entities created under 24 V.S.A., including
facilities operated by Union Municipal Districts formed under 24 V.S.A. Chapter 121, or by other
public entities.
(b)
Documentation of Financial Capability
(1)
The auditor of the entity responsible for operating the facility or an independent certified
public accountant shall annually submit a report to the Secretary on the financial condition
of the entity. For municipal entities, this shall be the auditor's annual report required by 24
V.S.A. §§ 1681 through 1683. For other public entities, the annual report shall contain at
least the information required of municipalities in 24 V.S.A. §§ 1681 through 1683, unless
otherwise required by the Secretary.
(2)
The following documents must be submitted to the Secretary biennially:
(A)
A letter from the entity's chief financial officer outlining current and anticipated
income and expenses for the entity's waste management facilities, and certifying that
the entity will be financially capable to meet the cost estimates made for closure and
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6-902(b)(2)(A)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
post-closure care required in these rules. The letter must be in a form prescribed
by the Secretary and must include, at a minimum, total debt for the facility, closure
and post-closure estimates, other anticipated expenses, income from user charges,
transferred funds, and other income.
(B)
The opinion of the entity's auditor or an independent certified public accountant as
to the entity's financial capability to meet closure and post-closure costs.
(3)
The documents required by this section must be submitted with the application for
certification. Documentation for a Union Municipal District need not include an annual
report for each member town, but must include the district's annual report as required by
24 V.S.A. § 4868.
(c)
Closure and Post-Closure Fund
(1)
Annual contributions to a fund established to meet closure and post-closure care obligations
must be made by the entity responsible for operating the facility. The expense must be
included as a line item in the facility's budget.
(2)
The amount of the annual payment to the fund shall be determined by the following equation:
CE(1+a)n x i
(i+1)n -1
Where CE = Closure Cost Estimate Plus Post-closure Cost Estimate
a = Forecasted Average Rate of Inflation
i = Anticipated Rate of Interest Income
n = Number of Years to Fund Maturity
The number of years to fund maturity shall be no longer than the life of the facility.
(3)
The annual payment to the fund shall be calculated each year using the most recent closure
and post-closure cost estimates.
9 - 4
6-1001(a)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
Subchapter 10 -- CLOSURE AND POST-CLOSURE
6-1001 Closure Performance Standard
All facilities subject to closure requirements must be closed in a manner that:
(a)
Minimizes the need for further maintenance related to the waste facility; and
(b)
Controls, minimizes, or eliminates, to the extent necessary to prevent threats to public health and
safety and the environment, including post-closure emission or discharge of waste, waste
constituents, leachate, contaminated runoff, and/or waste decomposition products to the
groundwater or surface waters or the atmosphere.
6-1002 Closure Plan
(a)
A closure plan is required for all facilities operating on the effective date of these rules and all new
facilities required to obtain certification under these rules, except the following:
(1)
facilities that qualify for categorical certifications under section 6-309, Subchapter 11 or
Subchapter 12;
(2)
land used for the diffuse land application of septage, sludge or other appropriate wastes;
and
(3)
Septage or sludge facilities located at domestic wastewater treatment plants.
(b)
The closure plan must identify steps necessary to completely close the facility at any point during its
intended life. The closure plan must include, at least:
(1)
A description of the steps necessary to close the facility;
(2)
A listing of labor, materials, and testing necessary to close the facility;
(3)
An estimate of the expected year of closure;
(4)
A schedule for final closure including, at a minimum, the total time required to close the
facility and the time required for the various steps or phases in the closure process;
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6-1002(b)(5)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(5)
A cost estimate for facility closure that satisfies the requirements of Section 6-1004;
(6)
A description of the methods for compliance with the closure requirements; and
(7)
Any remedial action necessary prior to closure, if required by the Secretary pursuant to
Section 6-311.
(c)
The approved closure plan will become a condition of any certification or other operating authority
issued by the Secretary.
(d)
An approved closure plan may be amended, subject to the approval of the Secretary, at any time
during the active life of the facility, except that an amended closure plan may not be submitted for
approval less than ninety (90) days before receipt of the final volume of waste.
(e)
An amended closure plan must be submitted for approval to the Secretary whenever:
(1)
Changes in the operating plan or facility design affect the closure plan; or
(2)
There is a change in the expected year of closure.
(f)
When a certification modification is requested to authorize a change in the operating plans or facility
design, a closure plan amendment must be requested at the same time. If a certification modification
is not needed to authorize the change in operating plans or facility design, the request for a closure
plan amendment must be made within sixty (60) days after the change in plans or design occurs.
(g)
Notice of Closure
A certification holder shall send to the Secretary a notice of closure within thirty (30) days after the
date the final volume of waste is received at the facility.
(h)
Partial Closure
A facility may be partially closed prior to final closure. Any partial closure shall be performed in
accordance with an approved closure plan and shall be subject to all of the requirements of this
section.
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6-1002(i)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(i)
Certification of Closure
As part of the final closure of a facility, the following must be submitted to the Agency:
(1)
Certification by the certification holder of the facility and by a professional engineer licensed
in the State of Vermont that the facility has been closed in accordance with the
specifications of the approved closure plan; and
(2)
Verification that the owner of the property on which the facility is located has recorded a
notation on the deed to the facility property, or on some other instrument that is normally
examined during title search, that will in perpetuity notify any potential purchaser of the
property that the land has been used as a solid waste management facility.
6-1003 Post-Closure Plan
(a)
Except as provided in subsection (b) of Section 6-1003, a post-closure plan is required for all
facilities where waste or waste constituents remain at or in the facility after closure, and that are
operating on the effective date of these rules, or are otherwise required to obtain certification under
these rules.
(b)
Facilities that qualify for categorical certifications under section 6-309 or Subchapter 11, land used
for the diffuse land application of septage, sludge, or other appropriate solid wastes, and facilities
subject to the requirements of Subchapter 12, are not required to prepare a post-closure plan.
(c)
The post-closure plan must identify the activities that will be carried out after closure, the frequency
of these activities, and include at least:
(1)
a description of the appropriate air, surface water, groundwater monitoring activities;
(2)
a description of the planned maintenance activities;
(3)
the name, address, and phone number of the person or office to contact about the facility
during the post-closure period; and
(4)
a post-closure cost estimate that satisfied the requirements of Section 6-1005.
(d)
The approved post-closure plan will become a condition of any certification or other operating
authority issued by the Secretary.
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6-1003(e)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(e)
A post-closure plan may be amended, subject to the approval of the Secretary, at any time during
the active life of the facility or during the post-closure period.
(f)
An amended post-closure plan must be submitted for approval to the Secretary whenever:
(1)
changes in the operating plan, facility design or closure plan, or events that occur during the
active life of the facility or during the post-closure period, affect the post-closure plan; or
(2)
there is a change in the expected year of closure.
(g)
When a certification modification is requested to authorize a change in the operating plans or facility
design, a post-closure plan amendment must be requested at the same time. In all other cases, the
request for a post-closure plan amendment must be made within sixty (60) days after the change in
operating plans or facility design or the events that affect the post-closure plan occur.
(h)
Upon the satisfactory demonstration by the certification holder that the post-closure care
requirements have been completed in accordance with the approved post-closure plan, the
Secretary shall, at the request of the certification holder provide a written notification of the
completion of post-closure care.
(i)
A notification provided under this section by the Secretary shall in no way preclude the liability
provisions of 10 V.S.A. §6615.
6-1004 Closure Cost Estimates
(a)
All facilities required under section 6-1002 to prepare a closure plan must have a written estimate
of the cost of closing the facility in accordance with the closure plan.
(b)
The closure cost estimate shall be based on the work required for a third party contractor to effect
proper closure at the point in the life of the facility when closure would be most expensive. Those
factors to be considered in estimating the closure cost shall include at least:
(1)
the size and topography of the facility;
(2)
the daily and weekly tonnage to be received at the facility;
(3)
the availability of cover and fill material needed for facility grading;
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6-1004(b)(4)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(4)
expected amounts of leachate production and requirements for treatment and disposal;
(5)
the disposal method and plans;
(6)
the location of the facility and the character of the surrounding area;
(7)
requirements for surface drainage;
(8)
leachate and gas collection and treatment systems, as required;
(9)
environmental quality monitoring systems, as required;
(10)
structures and other improvements to be dismantled and removed;
(11)
facility storage capacity for the types of wastes being received;
(12)
off-site disposal requirements;
(13)
an appropriate forecasted average rate of inflation over the active life of the facility; and
(14)
vector control requirements.
(c)
The certification holder may revise the closure cost estimate at any time during the active life of the
facility if:
(1)
a certified partial closure has been completed; or
(2)
a change in the closure plan decreases the closure cost estimate.
(d)
The certification holder must revise the closure cost estimate whenever a change in the closure plan
increases the closure cost estimate.
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6-1005(a)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
6-1005 Post-Closure Cost Estimates
(a)
Facilities that are required under Section 6-1003 to prepare a post-closure plan must have a written
estimate of the cost of post-closure monitoring and maintenance of the facility in accordance with
the post-closure plan.
(b)
The post-closure cost estimate shall be based on the work required for a third party contractor to
implement the post-closure plan. The factors to be considered in estimating post-closure monitoring
and maintenance cost shall include at least:
(1)
the size and topography of the facility;
(2)
the type and quantity of waste received;
(3)
the disposal method and plan;
(4)
the potential for significant leachate production and the possibility of contaminating
groundwater or surface waters;
(5)
environmental quality monitoring systems;
(6)
soil conditions;
(7)
an appropriate forecasted average rate of inflation over the active life of the facility and the
post-closure care period;
(8)
the location of the site and the character of the surrounding area; and
(9)
leachate and gas collection and treatment systems.
(c)
The certification holder must revise the post-closure cost estimate whenever a change in the
post-closure plan increases the cost of post-closure monitoring and maintenance.
6-1006 Biennial Revision to Closure and Post-Closure Cost Estimates
(a)
The certification holder must revise the closure and post-closure care cost estimates at least once
every two (2) years. The revised cost estimates must be filed on or before the second anniversary
of the filing or last revision of the current cost estimates.
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6-1006(b)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(b)
The certification holder must review the closure and post-closure care plans prior to filing revised
cost estimates in order to determine whether they are consistent with current operations and
regulations. The certification holder must either certify that the plans are consistent, or must file an
application for certification modification reflecting new plans.
(c)
The certification holder must prepare new closure and post-closure care cost estimates reflecting
current prices for the items included in the estimates. The certification holder must submit a report
to the Secretary showing the necessary calculations and indicating either what the new cost estimates
are or that there are no changes.
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6-1101
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
Subchapter 11 - COMPOSTING FACILITIES AND ACTIVITIES
6-1101 General
This Subchapter applies to persons engaged in composting activities. Unless the activity meets the
criteria to qualify for an exemption or categorical certification all composting activities and facilities are
required to meet the certification requirements set forth in Subchapters 3-10 of these rules.
6-1102 Composting Definitions
As used in this Subchapter the following definitions apply:
(a)
"Agricultural Waste" means discarded organic materials produced from the raising of plants and
animals as part of agronomic, horticultural or silvicultural operations, including but not limited to
animal manure, bedding materials, plant stalks, leaves, other vegetative matter and discarded by-
products from the on-farm processing of fruits and vegetables. It does not include animal carcasses.
(b)
"Compost" means the product of composting; consisting of a group of organic residues or a mixture
of organic residues and soil that have been piled, moistened, and allowed to undergo aerobic
biological decomposition.
(c)
"Compostable" means a product, package or material that will safely decompose, in a composting
system, into a humus-rich material, containing no persistent synthetic residues, that can be safely
used as a beneficial soil amendment.
(d)
"Composting" means the controlled biological decomposition of organic matter to produce a stable
humus-rich material.
(e)
"Contaminant" means any non-biodegradable material which lends impurity to compost, including
but not limited to, glass, metal, plastics, and ceramics.
(f)
"Curing" means the last stage of composting that occurs after much of the readily metabolized
material has decomposed. It provides for additional stabilization.
(g)
"Farm" means a place devoted to agricultural, horticultural or silvicultural use and/or cultivation or
management of land for orchard crops or food, fiber, Christmas trees, maple sap and maple syrup
products, animal husbandry, fish or bees or a greenhouse operation, on-site storage of agriculture
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6-1102(g)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
products produced on the farm or the on-site production of fuel or power from agriculture products
or waste produced on the farm.
(h)
"Wood Waste" means wood pieces or particles generated as a byproduct or waste from the
manufacturing, handling, or storage of wood and wood products, including but not limited to, saw
dust, chips, shavings, bark, and log sort waste. It does not include treated wood, painted or glued
wood, or wood containing chemical preservatives such as creosote, pentachlorophenol, or copper-
chrome-arsenate.
(i)
"Yard Waste" means untreated vegetative matter, including but not limited to grass clippings, leaves,
and brush, which are free from contaminants. It does not include such materials as food waste, food
processing waste or soiled paper.
6-1103
Composting Certification Exemptions
(a)
The following activities are exempt from the provisions of the solid waste management rules:
(1)
Composting of less than 10 tons (dry weight) per year of yard waste;
(2)
Composting of less than 5 tons (dry weight) per year of site generated source separated
organic waste;
(3)
Composting of any amount of the following farm generated materials: agricultural waste,
newspaper used for animal bedding, and yard waste;
(4)
Composting of wood waste; and
(5)
Composting of any other material authorized by the Secretary and predicated by adequate
demonstration by the applicant.
(b)
Composting of any amount of septage and/or sludge does not qualify for an exemption.
(c)
If the Secretary determines that a composting activity has or may pose a threat to the public health
and safety, the environment, or constitutes a nuisance, the activity will not be exempt from the
provisions of the solid waste management rules.
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6-1104(a)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
6-1104
Composting Categorical Certifications
(a)
General
The composting of certain solid wastes, limited to those specified in 6-1105, may qualify for a
categorical composting certification provided that the requirements of subsections (b), (c), and (d)
of this section are satisfied. An application which addresses these requirements must be submitted.
If the facility qualifies, a categorical composting certification will be issued for up to 5 years.
If the Secretary determines that a composting facility has or may pose a threat to the public health
and safety, the environment, or constitute a nuisance, the Secretary may determine that the
composting facility does not qualify for categorical certification and is subject to the certification
requirements of 6-304 of these rules.
No later than January 1, 2002, any person operating a facility which was granted categorical
certification prior to the effective date of these rules shall either reapply for and receive categorical
certification or cease operation of the facility.
(b)
Siting Limitations
A composting facility may only qualify for categorical certification if the activity is not situated in the
following prohibited areas:
(1)
Within three (3) feet above seasonal high groundwater, or within six (6) feet above
bedrock;
(2)
Within one hundred (100) feet of Class B Waters, as designated by the Water Resources
Board;
(3)
Within a Class I Groundwater Area; a Class I or Class II wetland or their associated buffer
zones, as defined in the Vermont Wetlands Rules, unless a Conditional Use Determination
has been issued by the Agency; a Class III wetland, as defined by the Vermont Wetlands
Rules, unless a Water Quality Certification has been issued pursuant to 40 CFR Part 401,
or has been waived by the Agency; or in a watershed for Class A Waters;
(4)
Within an approved public water supply Source Protection Area for a groundwater source
serving a public water system. The Water Supply Division may grant an exception to this
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6-1104(b)(4)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
requirement on a case by case basis provided the applicant can show no adverse effect on
the public water system source; or
(5)
Within 150 feet of a public highway or the property line(s) of adjacent properties, or as
otherwise determined by the Secretary.
(c)
Application Requirements
In order to qualify for a categorical composting certification, the applicant shall submit an application
which provides the information in (1), (2), and (3) below and which demonstrates that the facility
is not sited in any area prohibited in subsection(b):
(1)
Site plan detailing:
(A)
location of barriers to unauthorized entry;
(B)
access roads;
(C)
location of active compost piles;
(D)
location of storage for incoming waste waiting to be processed, non-permitted
wastes delivered to or generated by the facility, and finished compost;
(E)
location of scales, if any; and
(F)
facility size.
(2)
Management plan detailing:
(A)
expected volume and type of incoming materials;
(B)
methods for achieving odor control;
(C)
methods for achieving noise control;
(D)
methods for controlling vectors, dusts, and litter;
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6-1104(c)(2)(E)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(E)
prevention and management methods to control storm water, ponding, and leachate
in order to protect groundwater quality;
(F)
methods to properly screen for potential contaminants in incoming waste;
(G)
fire prevention and control measures; and
(H)
list of equipment to be used.
(3)
A certificate of service which demonstrates that the applicant has notified all adjoining
residences and landowners, as defined in Section 6-304(h)(5), by mail about the planned
composting operation at least 14 days prior to the submittal of the application.
(4)
A letter from the municipality, municipal alliance or solid waste district serving the town
where the facility is located that indicates the disposal facility is acceptable under the solid
waste implementation plan, if any.
(d)
Reporting Requirements
Data in the form of an annual report shall be forwarded to the Secretary by January 20 of each year,
on forms provided by the Secretary. The annual report shall include the following information:
(1)
quarterly totals of quantity, and type of incoming waste;
(2)
quantity of compost produced;
(3)
quantity of residual requiring disposal;
(4)
summary of leachate management;
(5)
weekly summary of temperature monitoring for those operators incorporating food waste
into the composting operation; and
(6)
results of compost analysis and name(s) of certified laboratory(ies) used, if compost is to
be marketed or distributed.
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6-1104(e)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(e)
Operational Requirements
The finished compost must be cured and sufficiently stable so that it may be stored or used without
producing a nuisance. The finished compost shall contain no persistent synthetic residues. If compost
is to be marketed or distributed the final product must meet the following standards:
(1)
Parameter
Total Concentration (mg/kg dry wgt)
mercury
10
cadmium
10
nickel
200
lead
250
chromium
1000
copper
1000
zinc
2500
PCB, total
1
6-1105
Composting Activities Eligible For Categorical Certification
(a)
The following composting activities are eligible for categorical certifications:
(1)
Composting of more than ten (10) tons (dry weight) of yard waste per year;
(2)
Composting of up to five (5) tons (dry weight) of compostable materials per year; and
(3)
Composting that occurs on a farm, or other composting operations specifically approved
by the Secretary in writing, that incorporate in addition to any amount of site-generated
compostable materials, the following:
(A)
wood waste; or
(B)
less than one (1) ton (dry weight) per day, weekly average, of other compostable
materials, in addition to any amount of yard waste.
(b)
Composting of any amount of septage and/or sludge does not qualify for a categorical certification.
11 - 6
6-1201
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
Subchapter 12 - STORAGE, TRANSFER AND RECYCLING FACILITIES
6-1201 General
All solid waste recycling, storage and transfer facilities are subject to the requirements of this
Subchapter and the requirements of Subchapters 3,5,9 and 10, except for those facilities which manage
sludge or septage, facilities used in conjunction with diffuse disposal, and those facilities covered under
Section 6-1207.
6-1202 Facility Management Plan
Design and operation of storage, transfer and recycling facilities shall be addressed in a facility
management plan, which shall describe how the facility will meet the requirements of Sections 6-1203, 6-
1204, 6-1205 and all applicable requirements of 6-1206. The management plan shall be prepared under
the direction of a professional engineer, licensed to practice in the State of Vermont, unless the requirement
that an engineer be involved is specifically waived by the Secretary. The management plan shall be submitted
with the application for certification.
6-1203 General Performance Standards
(a)
Facilities shall be designed and operated to control vectors, and to control emissions or discharges
to the environment, including odor and dust, so as to preclude the creation of nuisance conditions
and undue threats to public health and safety or to the environment.
(b)
Facilities shall be designed and operated to prevent, to the greatest extent feasible, the reduction of
the quality of the waste, such as the rotting or contamination of stored wastes or recyclable
materials.
(c)
Facilities shall be designed to assure the effective collection, storage and/or processing of waste or
recyclable materials.
6-1204 Design Standards
(a)
All designs for storage, transfer and recycling facilities shall consider the following aspects of the site
and the applicable requirements of Subchapter 5 in the design of the facility in order to comply with
the General Performance Standards set forth in Section 6-1203 above:
(1)
soils and surficial geology;
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6-1204(a)(2)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(2)
topography; and
(3)
surface water.
(b)
Facilities shall be designed to provide for all weather access, with access controlled and limited to
hours of operation identified in the facility management plan.
(c)
All new facilities designed with tipping floors where municipal solid waste is temporarily deposited
pending transport shall be designed and constructed so that the tipping floor is either enclosed within
a building or covered by a roof to prevent exposure of waste to weather. The tipping floor shall
incorporate a collection system designed to collect liquids that may be associated with incoming
waste materials. Liquid storage tanks shall be double walled, and shall be sized appropriately for
the particular facility.
(d)
Existing facilities which currently have a tipping floor for municipal solid waste shall comply with the
requirements of section (c) above within one year from the effective date of these Rules.
(e)
Recycling facilities shall be designed to have storage capacity for all recyclable materials and any
process residuals.
6-1205 Operation Standards
(a)
A contingency plan must be developed which addresses the proper management of wastes or
recyclable materials during both planned and unplanned events when the facility is and is not in
operation. The contingency plan must be submitted with the application for certification.
(b)
An operator training plan must be developed which provides for all facility personnel involved in the
handling of waste to receive organized instruction that teaches them to perform their duties in a way
that ensures the facility's compliance with all applicable statutes, rules and conditions of certification.
The operator training plan must be submitted with the application for certification.
(c)
A qualified operator shall be on site during all hours of operation, unless specifically waived by the
Secretary in writing, in which case a contact person must nevertheless be able to be contacted at
all times.
(d)
Personal protection materials and equipment appropriate to the materials being handled shall be
available at all times for material handling and spill control.
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6-1205(e)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(e)
The operator shall take all practicable steps to prevent the inclusion into the waste stream destined
for disposal at a discrete disposal facility of hazardous wastes subject to regulation under the
Vermont Hazardous Waste Management Regulations and all waste identified in 10 V.S.A. § 6621a.
(f)
All collected wastewater from transfer stations with tipping floors shall be disposed of in a
wastewater treatment facility.
(g)
Hours of operation shall be specified in the facility management plan.
6-1206 Standards For Specific Materials
(a)
Solid Waste
(1)
Except as specifically provided below or in Subsections (b) through (g), all solid waste shall
be stored in containers. The facility shall be managed to minimize the possibility of an
emission or discharge of contaminants from the containers.
(2)
All solid waste shall be transported to a treatment or disposal facility on a schedule adjusted
as necessary to minimize odors from the waste.
(3)
Solid waste deposited on a tipping floor shall be removed from the tipping floor as soon as
is practical, but in no event later than the end of the operating day as defined in the facility
management plan. The facility management plan shall identify any unique circumstances
when solid waste might remain on the tipping floor beyond the end of the operating day and
the practices that will be implemented at the facility so that the facility complies with the
provisions of 6-1203 during this unique circumstance.
(b)
Recyclable Materials
(1)
Materials to be recycled, contaminated recyclable materials, and process residuals which
may be dispersed by wind shall be stored inside buildings or other roofed structures, in box
trailers, or in other closed containers which are covered except when the facility is
operating.
(c)
Lead-acid batteries
(1)
All lead-acid batteries shall be stored under cover on an impervious surface.
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6-1206(c)(2)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(2)
The facility must maintain a supply of absorbent materials and acid neutralizers sufficient to
clean up a spill of up to one (1) gallon of battery acid solution.
(3)
All batteries shall be transported off-site in accordance with all applicable federal and state
hazardous materials transport regulations.
(d)
Household Hazardous Waste (HHW) and Conditionally Exempt Generator (CEG) Hazardous
Waste
(1)
Collection Events
(A)
Collection events may only take place at certified solid waste facilities or at other
locations specifically approved by the Secretary pursuant to Section 6-301(c). The
facility management plan must address the wastes to be managed and the activities
to be conducted during the event.
(B)
If the event is held at a site which does not have appropriate safety, accident and
contingency provisions in its existing facility management plan, the collection event
organizer must submit a safety, accident and contingency plan to the Secretary for
the specific site or sites where the collection event will take place.
(C)
All wastes must be handled by personnel appropriately trained in accordance with
all applicable federal and state statutes and regulations.
(D)
At the end of an event, all CEG hazardous waste collected during the event must
be packaged, labeled, and transported off-site by a permitted hazardous waste
transporter in accordance with Vermont Hazardous Waste Management
Regulations.
(E)
At the end of an event, all HHW collected during the event must be removed from
the site. The waste may be managed as a regulated hazardous waste as provided
in Subsection (D) above or may be transported to a certified HHW/CEG
Hazardous Waste Collection Facility or a Semi-Permanent HHW/CEG Hazardous
Waste Collection Unit.
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6-1206(d)(2)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(2)
Mobile HHW/CEG Hazardous Waste Collection Units
Mobile HHW/CEG Hazardous Waste Collection Units must meet the requirements of
Section 6-1206(d)(1) and the following requirements:
(A)
The operator of the mobile collection unit must be a permitted hazardous waste
transporter when CEG hazardous wastes are collected;
(B)
The mobile collection unit must return to a solid waste facility certified to support
it upon completion of each collection event; and
(C)
Collected HHW and CEG hazardous wastes may remain in the mobile unit while
at the vehicles’s support facility for no more than 10 days before it must be
transferred to another permitted hazardous waste transporter, a certified hazardous
waste treatment, storage or disposal facility, or to a HHW/CEG hazardous waste
collection facility or a semi-permanent HHW/CEG hazardous waste collection unit.
All transfers of collected HHW and CEG hazardous wastes to another permitted
hazardous waste transporter must occur at a certified facility or a certified collection
site.
(3)
HHW/CEG Hazardous Waste Collection Facilities or Semi-Permanent HHW/CEG
Hazardous Waste Collection Units
These facilities or units must meet the requirements of Section 6-1206(d)(1) and the
following requirements:
(A)
All wastes collected must be properly stored at the end of each operating day in
accordance with the facility management plan; and
(B)
Facilities must comply with the generator short-term storage requirements of the
Vermont Hazardous Waste Management Regulations.
(e)
Tires
(1)
No more than 3000 tires may be stored uncovered at the facility site at any time, unless the
facility processes tires on-site, in which case, the maximum amount and the storage design
shall be dictated by the facility management plan.
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6-1206(f)(1)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(f)
Construction & Demolition Waste (C&D)
(1)
C&D collected at a facility that treats the material on-site, either by pulverizing or sorting,
may be stored uncovered for a period not to exceed one hundred twenty (120) days from
the date of receipt. The maximum on-site volume shall not exceed 800 cubic yards at any
time.
(2)
C&D collected at a facility that does not treat the material on-site must be stored in
containers or in an enclosed or covered area.
(g)
Other Materials
(1)
Untreated wood, concrete, bricks, mortar or asphalt, scrap metals, appliances and furniture
may be stored uncovered at the facility.
(2)
Refrigerants from appliances shall be drained and collected by a qualified person prior to
any further treatment of the appliances.
(3)
All materials listed above in subsection (g)(1) must be removed from the ground, and either
taken off-site or stored under cover in accordance with a schedule that is included in the
approved facility management plan but in no event more than two years of the date of
receipt. The maximum on-site volume shall not exceed 2,000 cubic yards at any time.
6-1207 Recycling Facilities Collecting and Handling Between 50 and 400 Tons Per Year
(a)
Recycling facilities which anticipate collecting and managing between fifty (50) and four hundred
(400) tons of recyclable materials per year may qualify for categorical certification provided that an
applicant submits an application which contains the information in subsection (b) of this section. If
the facility qualifies, a categorical certification will be issued for a period up to five years.
If the Secretary determines that a recycling facility has posed or may pose a threat to the public
health and safety, the environment, or constitute a nuisance, the Secretary may determine that the
recycling facility does not qualify for categorical certification and is subject to the certification
requirements of Section 6-304 of these rules.
No later than January 1, 2002, any person operating a facility which was granted categorical
certification prior to the effective date of these rules shall reapply for and receive either categorical
certification or certification under Section 6-304 of these rules or shall cease operation of the facility.
12 - 6
6-1207(b)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(b)
Application Requirements
In order to qualify for a categorical recycling facility certification, an application which provides the
information in subsections (1) through (5) below must be submitted.
(1)
Site location map and sketch showing the facility size and location;
(2)
Names of the owner of the land, the operator of the facility, along with business addresses
and telephone numbers;
(3)
Hours of operation;
(4)
An estimate of the type and quantity of materials to be received; and
(5)
A letter from the municipality, municipal alliance or solid waste district serving the town
where the facility is located that indicates the disposal facility is acceptable under the solid
waste implementation plan, if any.
(c)
Reporting Requirements
(1)
The facility shall maintain records of waste source, waste type, waste quantity and date of
receipt. The data shall be reported to the Secretary within twenty (20) days of the end of
each calendar year, on forms provided by the Secretary; and
(2)
An annual report which includes a review of the facility operation and development,
submitted within twenty (20) days of the end of each calendar year.
6-1208 Reporting
(a)
Except for categorical recycling facilities, the owner and/or operator of a solid waste management
facility certified pursuant to this Subchapter shall make quarterly reports to the Secretary on forms
developed for this purpose by the Secretary and at dates specified in the facility certification. Such
reports shall include, but are not limited to, information on:
(1)
the quantity and quality of wastes, by type, managed by the facility at each site;
(2)
the sources of all solid wastes (by municipality) managed by the facility; and
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6-1208(a)(3)
- Vermont Solid Waste Management Rules - Effective Date: June 24, 2002
(3)
the destination of all solid wastes managed by the facility.
(b)
The operator shall submit a report to the Secretary within five (5) working days of the receipt of any
information indicating non-compliance with any term or condition of certification or other operating
authority.
(c)
Any discharge or emission from a facility which poses a threat to public health and safety, a danger
to the environment or the creation of a nuisance must be reported within twenty four (24) hours to
the State of Vermont Waste Management Division, the local health officer, and the selectpersons
of the affected municipalities. Within seven (7) days of the event, a written report shall be submitted
to the parties to whom the event was reported. The report shall identify the discharge or spill that
occurred, the type, quantity, and quality of waste discharged or spilled, and the actions taken to
correct the problem.
(d)
The operator shall make any other reports that may be reasonably required by the Secretary in the
facility certification.
6-1209
Record Keeping
(a)
The following records must be kept by the owner and/or the operator of the facility in a dry and
secure location at the facility or the primary location of business for the facility:
(1)
All information that demonstrates compliance with Subchapters 5, 9, 10 and 12;
(2)
Copies of the quarterly report forms submitted to the Secretary as a requirement of
certification; and
(3)
Copies of any reports, records, data or other information required to be submitted to the
Secretary as a requirement of certification.
(b)
All records must be kept from the date on which the application for initial certification is signed
through the date of closure of the facility.
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