§ 6605b. Interim certification

(a) A person who does not qualify for a solid waste management facility certification under section 6605 of this title may be issued an interim certification. The Secretary may require the applicant to submit any additional information which the Secretary considers necessary, and may refuse to grant the interim certification until the information is furnished and evaluated.

(b) The Secretary shall not issue an interim certification without affirmatively finding:

(1) that the operation of the solid waste management facility is necessary and will result in some public benefit;

(2) that there is no present, reasonable, alternative means for waste disposal;

(3) that the applicant needs to operate the facility for a period of time necessary to complete research, planning, construction, installation, or operation of an approved facility or to close the existing facility;

(4) that the operation of the facility will not create an unreasonable risk to the public health nor be unreasonably destructive to the environment;

(5) that the operation of the facility is consistent with an approved plan, for the area in which the facility is located, or the State Solid Waste Management Plan; and

(6) that the applicant, if other than a municipality, meets the requirements established in subdivisions 6605f(a)(1) and (2) of this title.

(c) Any interim certificate issued shall:

(1) specify the location of the facility, including limits on its development;

(2) require proper operation of the facility;

(3) specify the amounts and types of waste material to be disposed of at the facility, which, in case of landfills and incinerators, shall include the following;

(A) if the waste is being delivered from a municipality that has an approved implementation plan, hazardous materials and recyclables shall be removed from the waste according to the terms of that implementation plan,

(B) if the waste is being delivered from a municipality that does not have an approved implementation plan, yard waste shall be removed from the waste stream, as shall a minimum of approximately 75 percent of each of the following: marketable recyclables, hazardous waste from households, and hazardous waste from small quantity generators;

(4) specify the type and numbers of suitable pieces of equipment that will operate the facility properly;

(5) contain provisions for air, groundwater, and surface water monitoring;

(6) specify a schedule by which an applicant shall meet all requirements for full certification or proper closure;

(7) be valid only for the period of time, not to exceed two years, necessary for an applicant to meet the requirements of full certification or closure, and shall not be renewed more than once; and

(8) contain such additional conditions, requirements, and restrictions as the Secretary may deem necessary to preserve and protect the public health and the environment. (Added 1987, No. 78, § 10; amended 1991, No. 202 (Adj. Sess.), § 2, eff. May 27, 1992; 1993, No. 81, § 3; 1993, No. 157 (Adj. Sess.), § 3.)