Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 036 - SOLID WASTE MANAGEMENT DIVISION › Chapter 003 - SOLID WASTE MANAGEMENT › Section 12 036 003 - SOLID WASTE MANAGEMENT

Current through June, 2024
SUBCHAPTER 1 PURPOSE
6-101. Authority
These Rules are adopted by the Secretary of the Agency of
				  Natural Resources pursuant to the authority of 10 V.S.A. chapter 159, Waste
				  Management. The Secretary has the power to adopt, amend, and repeal Rules
				  pursuant to 3 V.S.A. chapter 25.
6-102. Declaration of Purpose
(a) These Rules establish procedures and
				standards to protect public health and the environment by ensuring the safe,
				proper, and sustainable management of solid waste in Vermont. These Rules amend
				the Solid Waste Management Rules as adopted on March 15, 2012.
(b) A facility in compliance with the
				requirements of these Rules is presumed to:
(1) Not results in an exceedance of
				groundwater enforcement standards at points of compliance, as defined by the
				Groundwater Protection Rule and Strategy; or
(2) Otherwise adversely affect public trust
				uses of groundwater in the State.
(c) Notwithstanding the presumption of §
				6-102(b), the Secretary may require additional demonstration of compliance with
				the Groundwater Protection Rule and Strategy.
6-103. Severability
The provisions of any section of these Rules shall be
				  severable. If any provision of these Rules is invalid or if any application of
				  these Rules to any person or circumstance is invalid, the invalidity shall not
				  affect other provisions or applications that can be given effect without the
				  invalid provision or application.
6-104. Fees
(a) Fees related to these Rules are
				established in
				3 V.S.A. §
												2822(j). Municipalities
				shall be exempt from the payment of fees in accordance with
				3 V.S.A. §
												2822(i).
(b) Facilities operated by a private entity
				are required to pay relevant fees.
(c) For activities where the role of the
				private applicant is to function solely as a contracted service provider and
				the municipality establishes and maintains the approved financial
				responsibility instrument, controls facility operations, directly utilizes the
				services of the facility, maintains an unencumbered right to possession,
				maintains access to the facility at all times, and controls the financial
				aspects of the facility (e.g. obtains the user fees and pays any fees or
				taxes), the municipal exemption of § 6-104(a) applies. Under these
				circumstances, the contractor would not be vested in the financial viability of
				the facility.
6-105.
				Incorporation by Reference
When reference is made herein to CFR titles, their parts,
				  subparts, or sections, the reference is to titles of the Code of Federal
				  Regulations as they existed on the effective date of these Rules.
6-106. Signatories to
				Certifications and Reports
(a) Applications
				and reports requested or required by the Secretary shall be signed by each
				applicant or by a duly authorized representative of the applicant.
(b) A person is a duly authorized
				representative for the purposes of subsection (a) of this section only if:
(1) The authorization is made in writing and
				is signed by the facility applicant;
(2) The authorization states that the
				applicant has delegated the legal authority for the representative to sign on
				behalf of the applicant; and
(3)
				The written authorization is submitted to the Secretary.
(c) If an authorization described in
				subsection (b) of this section no longer meets the requirements of that
				subsection, a new authorization satisfying the requirements of subsection (b)
				of this section shall be submitted to the Secretary prior to or together with
				any documents signed by the new authorized representative.
(d) Any person signing a document pursuant to
				subsection (a) of this section shall make the following certification:
I certify under penalty of law that this document and all
				  attachments were prepared under my direction or supervision. Based on my
				  inquiry of the person or persons who operate the facility, or those persons
				  directly responsible for gathering the information, the information submitted
				  is, to the best of my knowledge and belief, true, accurate and complete. I am
				  aware that there are significant penalties for submitting false information,
				  including the possibility of fine and imprisonment for knowing
				  violations.