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ACT NO. 65


Conservation; solid waste; categorical waste facility certification; mining; taxes; fees

This act authorizes the agency of natural resources to certify the construction and operation of categorical solid waste disposal facilities. The agency of natural resources is authorized to list by rule certain solid waste categories eligible for certification. Categorical certification shall not apply to the storage, treatment, or disposal of municipal solid waste, sludge, septage, or mineral processing waste. For the purposes of categorical certification, mineral processing waste means solid waste resulting from an industrial or manufacturing facility that processes materials from a mining activity and where chemicals, as defined by the secretary of natural resources by rules, are intentionally added as a part of that processing. Categorical solid waste disposal facilities are exempt from the franchise tax on waste facilities and are not required to pay an application fee for original or renewal applications for certification.

The act also assesses fees on original and renewal applications for certified solid waste facilities that treat, store, or dispose of waste from mining operations. The fee for such facilities would be $200.00 plus $0.41 per cubic yard of certified operational capacity above 15,000 cubic yards, prorated and paid on an annual basis over the term of the certification. The maximum annual fee would be capped at $35,000. In addition, a facility certified solely for the treatment, storage, recycling, or disposal of solid waste resulting from mining extraction of mineral processing is exempt from the franchise tax on waste facilities for all solid waste from mining, extraction, or mineral processing delivered to the facility. The exemption for such facilities would sunset on June 30, 2008. In order for the General Assembly to fully consider the need to retain the tax exemption, the agency of natural resources shall require the mining company Omya as part of its certification under 10 V.S.A. § 6605 or 6605b to complete a study of the human health and environmental effects of the mineral processing of calcium carbonate in Vermont and report to the General Assembly with the results of that study by January 15, 2008.

Effective Date: July 1, 2005

Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont