2011 Vermont Code
Title 10 Conservation and Development
Chapter 201 ADMINISTRATIVE ENVIRONMENTAL LAW ENFORCEMENT
§ 8008a Landfill closure extension orders

§ 8008a. Landfill closure extension orders

(a)(1) The secretary may issue a landfill closure extension order when the secretary finds that the landfill meets the criteria of section 6605e of this title. That order shall be served upon the landfill owner and operator in person or by certified mail, return receipt requested. A copy of the order also shall be delivered to the attorney general. An order shall be effective on receipt.

(2) If any proposed landfill closure extension order would extend the service area or change a permit condition, including a specified closure date, then before issuing the order, the secretary shall provide notice of the opportunity for public comment on the proposal and on any proposed findings with respect to the order. This notice shall be provided to the persons specified in 10 V.S.A. { 6605d(e)(2)(A) through (D) and to any other persons that, in advance, have requested notice in writing. Upon receipt of a written request for a public informational meeting, signed by no less than 15 persons, the secretary shall warn and hold a public informational meeting on the issuance of the order. An order may be issued no sooner than 14 days after providing notice under this subsection, or if a public informational meeting is held, no sooner than seven days after the date of the meeting.

(b) A landfill closure extension order shall include:

(1) a statement of the facts which provide the basis for the secretary's determination of compliance with the provisions of section 6605e of this title;

(2) a statement that the owner and operator have a right to a hearing under section 8018 of this title and a description of the procedures for requesting a hearing;

(3) a schedule for cessation of operations, closure, and commencement of post-closure care;

(4) implementation schedules and conditions regarding the operation and closure of the landfill; and

(5) a requirement that by November 15, 1992, the owner and operator will submit, to the secretary, a revised closure plan that addresses the additional waste that will be accepted. This plan shall be in conformance with the solid waste management rules. (Added 1991, No. 202 (Adj. Sess.), { 4, eff. May 27, 1992.)