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 solely manage
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) original and renewal $200.00 plus $0.41 per applications for facilities, certified cubic yard of certified
pursuant to 10 V.S.A §§ 6605 and 6605b, operational capacity above
that treat, store, or dispose of waste 15,000 cubic yards
generated solely from mining, extraction, or prorated and paid on an
mineral processing annual basis over the term
of the certification.
(F) 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 of this title, 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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(6) waste delivered to a transfer station for transfer to a disposal facility located inside the state and waste delivered to a facility for storage as defined in 10 V.S.A. § 6602(7);
(7) solid waste resulting from mining, extraction, or mineral processing operations delivered to a facility certified solely for the treatment, storage, recycling, or disposal of such waste.
Sec. 5. STUDY OF CALCIUM CARBONATE
In order to review and consider fully the need to retain the tax exemption under 32 V.S.A. § 5953(7), the secretary of natural resources shall require Omya as part of its certification under 10 V.S.A. §§ 6605 or 6605b to finance and complete a study of the human health and environmental effects of Omya’s mineral processing of calcium carbonate in Vermont. The secretary of natural resources shall require Omya to submit a report of the results of the study on or before January 15, 2008 to the house and senate committees on natural resources and energy, the house committee on ways and means, and the senate committee on finance. The secretary of natural resources shall require the independent, third-party research study to be conducted by one or more qualified laboratories certified by the National Environmental Laboratory Accreditation Program (NELAP). In completing the study, the secretary of natural resources may authorize Omya to utilize previously compiled data subject to verification and validation of that data by an independent, third-party university or laboratory. The study shall include:
(1) Appropriate site-specific bedrock, aquifer, and groundwater mapping of Omya’s mineral processing facilities, waste disposal facilities, and surrounding area, such as three dimensional groundwater mapping;
(2) Results from and laboratory testing of groundwater sampling from monitoring wells currently in use at Omya’s mineral processing facilities, waste disposal facilities and surrounding area and any new wells identified as needed by subdivision (1) of this section;
(3) A complete data packet of the laboratory testing, including methodologies, of the tailings or other waste produced from mineral processing of calcium carbonate at Omya’s mineral processing facilities, waste disposal facilities, and surrounding area in Vermont;
(4) A toxicological analysis of the tailings or other waste produced from the mineral processing of calcium carbonate at Omya’s facilities in Vermont, including a specific toxicological analysis of tall oil hydroxyethyl imidazoline, other flotation reagents, their constituent compounds, and acetone present in the waste and an analysis of all chemicals present in the waste in accordance with U.S. Food and Drug Administration guidelines;
(5) Study of dust to determine if Omya is the source of the dust in the area and if so to determine possible health and environmental effects;
(6) Proof of compliance with any and all applicable quality control and quality assurance measures and protocols including those relating to data validation; and
(7) Other research or data relevant to the human health and environmental effects of mineral processing of calcium carbonate.
Sec. 6. SUNSET
32 V.S.A. § 5953(7) (tax exemption for solid waste from mining, extraction, or mineral processing) is repealed on June 30, 2008.
The Vermont General Assembly
115 State Street