AN ACT RELATING TO SOLID WASTE FACILITY FEES, TAXES, AND CERTIFICATION
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 3 V.S.A. § 2822(j) is amended to read:
(j) In accordance with subsection (i) of this section, the following fees are established for permits, licenses, certifications, approvals, registrations, orders, and other actions taken by the agency of natural resources.
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(6) For solid waste treatment, storage, transfer, or disposal facility certifications issued under 10 V.S.A. chapter 159:
(A) original and renewal $0.75 per ton certified
applications, excluding recycling and operational capacity
composting facilities and categorical pro-rated and paid on an
solid waste facilities annual basis over the term
(B) original and renewal $100.00
applications for recycling and composting
excluding categorical solid
waste facilities that manage solely
recycling or composting solid waste
(C) original and renewal applications $0.00
for categorical solid waste facilities managing
solely recycling or composting solid waste
(D) original and renewal $0.00
applications for categorical disposal facilities
(E) increase in tonnage, excluding $0.75 per ton of certified
recycling and composting facilities and operational capacity
categorical solid waste facilities pro-rated and paid on an
annual basis over the term
Sec. 2. 10 V.S.A. § 6602(24) is added to read:
(24) “Municipal solid waste” means combined household, commercial, and industrial waste materials generated in a given area.
Sec. 3. 10 V.S.A. § 6605c is amended to read:
LANDFILL CLOSURE DEADLINES SOLID
WASTE CATEGORICAL CERTIFICATIONS
that are not intended to remain open beyond July 1, 1992 may
qualify under this section for an extension of certain statutory deadlines. (b)
Notwithstanding the limitation of subdivision 6605b(c)(7), and subsection
6605a(c) of this title, the secretary shall extend to July 1, 1992 the period
for operating and closing an unlined landfill that has capacity available
through July 1, 1992, provided the applicant: (1) provides
a closure plan for the landfill, acceptable to the secretary, (2) demonstrates
that there is in place, or will be in place at the earliest feasible date, a
rate structure and escrow account, or other form of financial security deemed
adequate by the secretary, either of which jointly controlled by the secretary,
that will accumulate receipts by July 1, 1992 in an amount equal to the
projected costs of closure, and (3) demonstrates
compliance with section 6611 of this title. (c) Applications
for extensions under this section shall be submitted by August 1, 1989. By February
1, 1990, the secretary shall approve, conditionally approve, or disapprove
applications duly submitted under this section. (d) The
secretary shall not have joint control of any rate structure, escrow account or
other form of financial security that is maintained by a municipality under
subsection (b) of this section. For purposes of subdivision (b)(2) of this
section, a municipality shall take official action in a timely manner to meet
its closure financial responsibilities by annual budget appropriations, the
incurring of debt under 24 V.S.A. chapter 53, the use of a reserve fund created
under 24 V.S.A. § 2804, the imposition of rates or surcharges, or by
funding post closure monitoring costs as part of the annual operating budget
for each applicable year following the landfill closure, or any combination of
the above. The secretary may require a town or solid waste management district
that has selected these alternatives to report annually, on a form designated
by the secretary, on the status of landfill closure funds and plans. A
violation of an approved closure plan shall be a violation of the provisions of
this chapter. Notwithstanding sections 6605, 6605f, and
6611, no person may construct, substantially alter, or operate any categorical
solid waste facility without first obtaining a certificate from the secretary.
Certificates shall be valid for a period not to exceed five years.
(b) The secretary may, by rule, list certain solid waste categories as eligible for certification pursuant to this section:
(1) Solid waste categories to be deposited in a disposal facility shall not be a source of leachate harmful to human health or the environment.
(2) Solid waste categories to be managed in a composting facility shall not present an undue threat to human health or the environment.
(3) Solid waste managed at a recycling facility shall be restricted to facilities that manage 400 tons per year or less of recyclable solid waste.
(c) Certifications for a solid waste management facility pursuant to this section where appropriate shall:
(1) Specify the location of the facility, including limitations on its development.
(2) Require proper operation and development of the facility in accordance with facility management plans approved under the certificate.
(3) Specify the projected amount and types of waste to be managed or disposed at the facility.
(4) Contain additional conditions, requirements, restrictions, as the secretary may deem necessary to preserve and protect the public health and the air, groundwater, and surface water quality. This may include requirements concerning recording, reporting, and inspection of the operation of the facility.
(d) On or before the date of filing any certification application for a facility, the applicant shall send notice and a copy of the application to the municipality where the facility is proposed to be or is located and any adjacent Vermont municipality if the facility is located on a boundary. The applicant shall furnish the secretary the names of those noticed of the application.
(e) This section shall not apply to the storage, treatment, or disposal of:
(1) municipal solid waste;
(3) septage; or
(4) mineral processing waste. For purposes of this section, mineral processing waste means solid waste from an industrial or manufacturing facility that processes materials from a mining activity and where chemicals, as defined by the secretary by rule, are intentionally added as a part of that processing.
Sec. 4. 32 V.S.A. § 5953 is amended to read:
§ 5953. EXEMPTIONS
The following shall not be subject to the tax imposed by section 5952 of this title:
wastes delivered to a recycling or composting facility and accepted by
recycling facility for recycling or composting but not wastes
generated by that facility;
and or sludge except that septage or sludge
delivered to a facility other than a landfill shall be subject to
that tax or incinerator;
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logs, stumps, leaves, and roots but not other wood wastes or products,
deposited into a stump dump solid waste delivered to a facility
certified pursuant to section 6605c of Title 10;
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The Vermont General Assembly
115 State Street