§ 6606a. Certificate of need

(a) No person may begin site preparation for or construction of a hazardous waste management facility for the purpose of treatment or disposal of hazardous waste within the State, unless the Secretary first issues a certificate of need for the facility under this section. This section shall not apply to:

(1) The replacement of existing facility with an equivalent facility in the usual course of business.

(2) A hazardous waste management facility that is operated only by or on behalf of the owner of the facility for the treatment or disposal of hazardous waste materials generated in Vermont by the owner of the facility. Such facility shall be located on a site of generation.

(b) Petition for certificate of need.

(1) A person shall submit a completed petition for a certificate of need in accordance with the rules adopted by the Secretary and a copy of any agreement reached in negotiations between the proposed host municipality and the applicant.

(2) At least 30 days prior to the date of filing the petition with the Secretary, the person shall file a notice of intent to construct a hazardous waste management facility with the proposed host municipality, abutting municipalities, and the Secretary. The notice of intent shall include:

(A) a detailed description of the proposed facility and location, including architectural drawings;

(B) a description of the treatment or disposal processes to be employed;

(C) the amount and types of hazardous wastes to be handled;

(D) alternative sites and technologies that were considered;

(E) reasons for choosing the proposed location and technologies, including planned negotiations with the proposed host municipality; and

(F) the conformance of the proposed facility with any applicable provisions of the hazardous waste management plan adopted by the Secretary of Natural Resources.

(c) The Secretary shall make all practical efforts to process petitions in a prompt manner, including the establishment of time limits for petition processing and procedures and time periods within which to notify petitioners whether a petition is complete. After determining that a petition is complete, the Secretary shall promptly hold one or more public hearings on the petition for a certificate of need in the proposed host municipality.

(1) Not less than 30 days before the hearing, notice shall be given to the Department of Health, Historic Preservation Division, State Planning Office, and Agency of Transportation. Similar notice shall also be given by certified mail to adjoining landowners, the legislative body of the proposed host municipality, and the chairs or directors of the municipal and regional planning commissions.

(2) Notice of the public hearing shall be published in a newspaper of general circulation in the county in which the proposed facility will be located two weeks successively, the last publication to be at least 12 days before the day appointed for the hearing.

(d) The Secretary shall, with approval of the Governor, only issue a certificate of need if the Secretary concludes the proposed facility is needed for the general good of the State, upon written findings that:

(1) The proposed facility use is consistent with any applicable provisions of the hazardous waste management plan adopted by the Secretary.

(2) The proposed facility location:

(A) is suitable for the type and amount of hazardous waste intended for treatment or disposal at the facility;

(B) is accessible by transportation routes that minimize the threat to the public health and safety and to the environment;

(C) reasonably accommodates the plans and preferences of the proposed host municipality, as expressed by local government entities.

(3) The need for the facility is demonstrated by the need to assure the environmentally sound treatment or disposal of hazardous waste generated within Vermont, recognizing the effects of any state hazardous materials management plan, and:

(A) the further need to meet Vermont's obligations under an interstate agreement or regional compact; or

(B) the lack of adequate current or projected treatment or disposal capacity within the region to handle the hazardous waste generated by Vermont businesses which is proposed for the facility.

(e) The Secretary shall establish conditions in the certificate of need:

(1) limiting the capacity of the hazardous waste facility to the reasonably anticipated needs and interstate commitments of the State for hazardous waste management. However, upon application of the holder of the certificate, the conditions may later be adjusted by the Secretary if the limits on capacity are found to prevent profitable operation of the facility;

(2) restricting the facility from accepting hazardous wastes from generators who have not demonstrated an effective hazardous waste source reduction program.

(f), (g) [Repealed.]

(h) Neither local plans nor solid waste district plans nor regional plans shall exclude hazardous waste facilities for which a certificate of need has been obtained.

(i), (j) [Repealed.]  (Added 1989, No. 282 (Adj. Sess.), § 13, eff. June 22, 1990; amended 1995, No. 189 (Adj. Sess.), §§ 6, 8; 1997, No. 155 (Adj. Sess.), § 37; 2003, No. 115 (Adj. Sess.), § 61, eff. Jan. 31, 2005.)