§ 6606. Hazardous waste certification

(a) No person shall store, treat, or dispose of any hazardous waste without first obtaining certification from the Secretary for such facility, site or activity. Certification shall be valid for a period not to exceed 10 years.

(b) Certification of all hazardous waste facilities shall include:

(1) Identification of all hazardous waste to be handled at the facility including the expected amounts of each type of waste and the form in which it will be accepted.

(2) Detailed descriptions of all processes and technologies to be utilized by the facility and provisions to insure that the operation of the facility is carried out in accordance with approved design and operation plans.

(3) [Repealed.]

(4) Evidence of liability insurance in amounts as the Secretary may determine to be necessary for the protection of human health and safety and the environment.

(5) Evidence of financial responsibility in such form and amount as the Secretary may determine to be necessary to insure that, upon abandonment, cessation, or interruption of the facility or site, all appropriate measures are taken to prevent present and future damage to public health and safety and the environment including full and proper closure of the facility and, in the case of land treatment or disposal facilities, post closure care of the facility for a period of time to be determined by the Secretary.

(6) Evidence that the personnel employed at the hazardous waste treatment or disposal facility or site have met such qualifications as to education and training as the Secretary may determine to be necessary to assure the safe and adequate operation of the facility or site.

(7) A description of the location, design, and construction of such hazardous waste treatment, disposal, or storage facility.

(8) Contingency plans for effective action to minimize unanticipated damage from any treatment, storage, or disposal of any such hazardous waste.

(9) Such additional conditions, requirements, and restrictions as the Secretary may deem necessary to preserve and protect the ground and surface water. This may include requirements concerning reporting, recording, and inspections of the operation of the facility. Guidelines for the establishment of conditions, requirements and restrictions shall be adopted by the Secretary according to procedures established in 3 V.S.A. chapter 25, the Vermont Administrative Procedure Act.

(c) The Secretary shall not issue a certification to a new nonmunicipal facility, or recertify an existing nonmunicipal facility, without first ascertaining that the applicant meets the requirements established in subdivisions 6605f(a)(1) and (2) of this title. (Added 1977, No. 106, § 1; amended 1981, No. 102, § 3; 1983, No. 148 (Adj. Sess.), § 3; 1993, No. 157 (Adj. Sess.), § 4; 1995, No. 141 (Adj. Sess.), § 6, eff. April 30, 1996; 2009, No. 146 (Adj. Sess.), § F12.)