§ 6605c. Solid waste categorical certifications

(a) 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 10 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) Recyclable materials either recycled or prepared for recycling at a recycling facility.

(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, and 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) When an application for a certification is filed under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

(e) This section shall not apply to the storage, treatment, or disposal of:

(1) Municipal solid waste.

(2) Sludge.

(3) Septage.

(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. (Added 1989, No. 61, § 3, eff. May 22, 1989; amended 1989, No. 286 (Adj. Sess.), § 7; 2005, No. 65, § 3; 2011, No. 148 (Adj. Sess.), § 5; 2013, No. 175 (Adj. Sess.), § 5; 2015, No. 150 (Adj. Sess.), § 26, eff. Jan. 1, 2018.)