CHAPTER 445a
HAZARDOUS WASTE MANAGEMENT SERVICE

Sec. 22a-134aa. Definitions. (a) As used in this chapter, the following terms shall have the same meaning as in section 22a-115: Hazardous waste, hazardous waste facility, disposal, treatment, municipality, person, closure period and postclosure period.
(b) As used in this chapter:
(1) "Management" means the storage, treatment, transportation and disposal of hazardous waste; and
(2) "Service" means the Connecticut Hazardous Waste Management Service.
(P.A. 83-572, S. 1, 9.)

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Sec. 22a-134bb. Connecticut Hazardous Waste Management Service established. Board membership. (a) There is hereby established and created a body politic and corporate, constituting a public instrumentality and political subdivision of the state of Connecticut established and created for the performance of an essential public and governmental function, to be known as the Connecticut Hazardous Waste Management Service. The service shall not be construed to be a department, institution or agency of the state.
(b) The powers of the service shall be vested in and exercised by a board of directors. The membership of the board shall consist of four ex-officio nonvoting members which shall include the Secretary of the Office of Policy and Management or his designee, the Commissioners of Public Health, Transportation and Environmental Protection or their designees, six members appointed by the Governor, each of whom shall be from a different congressional district and one member appointed by the Governor who shall be the chairman of the board. Two of such members shall be representatives of the scientific community; two shall be representatives of the general public with no financial interest in the hazardous waste disposal industry and two shall be members of the business community. No elected official shall be eligible for appointment to the board during the term of his elected office. After the date upon which the board has selected a site for the location of a low-level radioactive waste facility, the Secretary of the Office of Policy and Management or his designee, and the Commissioners of Public Health, Transportation and Environmental Protection or their designees shall become voting members of the board, provided if the Nuclear Regulatory Commission fails to approve the licensure of the facility such members of the board shall again become nonvoting members until such time as the board selects another site for the location of the facility.
(c) The terms of two of the initial appointments shall expire on the last day of January, 1984; the terms of two shall expire on the last day of January, 1985, and the terms of two shall expire on the last day of January, 1986. On or before the first day of January, 1984, and annually thereafter, the Governor shall appoint members to succeed the members whose term expires. Said members shall serve a term of four years. At the end of a term a member may continue to serve until a successor is appointed and qualified. A member shall be eligible for reappointment. Any vacancy occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term.
(d) Directors may engage in private employment, or in a profession or business, subject to any applicable laws, rules and regulations of the state or federal government regarding official ethics or conflict of interest. Notwithstanding the provisions of any other law to the contrary, it shall not constitute a conflict of interest for a trustee, director, partner or officer of any person, firm or corporation, or any individual having a financial interest in a person, firm or corporation, to serve as a member of the board of directors of the service other than as one of the two members who are representatives of the general public with no financial interest in the hazardous waste disposal industry, provided such trustee, director, partner, officer or individual shall abstain from deliberation, action or vote by the service in specific respect to such person, firm or corporation.
(e) A majority of the voting directors of the service shall constitute a quorum. For the transaction of any business or the exercise of any power of the service, the service shall have power to act by a majority of the directors present at any meeting at which a quorum is in attendance.
(f) The service may delegate to four or more of its directors such board powers and duties as it may deem necessary and proper in conformity with the provisions of this chapter and its bylaws. At least one of such directors shall not be a state employee.
(g) The chairman of the board of directors shall be appointed by the Governor, with the consent of both houses of the General Assembly. He shall serve at the pleasure of the Governor. The chairman shall be the executive officer of the service and shall preside at all meetings, employ and supervise the staff of the service subject to the approval of the board, implement policy decisions of the board and perform any other duty or function assigned to him by the board or by law. The chairman shall be a voting member of the board and, in case of a tie vote, the side on which the chairman votes shall be deemed to prevail.
(h) The chairman shall be entitled to compensation, within available resources, in such amount as the board of directors determines. The other directors shall be entitled to reimbursement for necessary traveling expenses incurred during the performance of official duties and shall receive compensation at a rate of one hundred dollars for each day they are engaged in the duties of the board.
(i) The Governor may remove any director for inefficiency, neglect of duty or misconduct in office after giving him a copy of the charges against him and an opportunity to be heard, in person or by counsel, in his defense, upon not less than ten days' notice. If any director shall be so removed, the Governor shall file in the office of the Secretary of the State a complete statement of charges made against such director and his findings thereon, together with a complete record of the proceedings.
(j) The service shall continue until its existence shall be terminated by law. Upon the termination of the existence of the service, all its rights and properties shall pass to and be vested in the state of Connecticut.
(k) No director of the board, officer or employee of the service shall be personally liable for damage or injury, not wanton, reckless or malicious, caused in the performance of his duties and or within the scope of his employment or appointment as such director, officer or employee.
(P.A. 83-572, S. 2, 9; P.A. 86-343, S. 1, 4; P.A. 87-233, S. 1, 2, 8; P.A. 88-225, S. 11, 14; 88-266, S. 33, 46; 88-361, S. 24, 29; P.A. 91-337, S. 1, 15; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 96-32.)
History: P.A. 86-343 repealed former Subdiv. (d) re reimbursement and compensation of director, relettering Subsecs. as necessary, added provision in Subsec. (g) re duties of the chairman and inserted new Subsec. (h) authorizing the board of directors to determine the compensation of the chairman and increasing the per diem compensation for members of the board of directors from fifty to one hundred dollars; P.A. 87-233 amended Subsec. (c) to make membership discretionary after completion of a term rather than mandatory and made a technical correction in Subsec. (g) by deleting "board" and inserting "service" in lieu thereof; P.A. 88-225 added provision in Subsec. (d) specifying when a financial interest and membership on board of directors of the service do not constitute a conflict of interest; P.A. 88-266 amended Subsec. (a) to provide that the service shall not be construed to be a department, institution or agency of the state, amended Subsec. (b) to require that powers of the service be vested in and exercised by a board of directors, amended Subsec. (f) to allow service to delegate powers and duties to three or more of its directors, at least one of whom shall not be a state employee, instead of to one or more of its directors, officers, agents and employees, amended Subsec. (g) to require appointment of chairman of the board to be made with consent of the general assembly and inserted references to the board in Subsecs. (g) and (k); P.A. 88-361 amended Subsec. (k) by applying provision to employees and added language regarding reckless or malicious damage or activity; P.A. 91-337 in Subsec. (b) added four nonvoting members to the board of directors who become voting after the selection of the facility site, in Subsec. (e) changed the quorum requirement from four members to a majority of the voting directors and in Subsec. (f) changed the number of directors to whom powers may be delegated from three to four; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-32 amended Subsec. (b) to add a member of the board appointed by the Governor to serve as chairman of the board (Revisor's note: In Subsec. (b) the Revisors editorially added a comma after the word "facility" and an "and" before "the Commissioners" in the sentence "After the date upon which the board has selected a site for the location of a low-level radioactive waste facility, the Secretary of the Office of Policy and Management or his designee, and the Commissioners of Public Health, ...").

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Sec. 22a-134cc. Duties of service. The purposes of the service are to implement sections 22a-163b to 22a-163e, inclusive, and to promote and encourage the appropriate management of hazardous waste in the state, with particular attention to the investigation of the management of metal hydroxide sludge. The service shall encourage the use of a hierarchy of preferred hazardous waste management strategies which shall include provisions for waste reduction, separation and concentration, recycling, recovery, treatment and long-term storage or permanent disposal. The service shall use the hierarchy for planning and shall:
(1) Prepare an estimate of the types and volumes of hazardous waste which will be generated in the state on or before December 31, 2005, and a description of treatment, storage and disposal capacity and capability needed to be developed within the state for use on or before said date. The service shall submit a report of its findings to the General Assembly on or before July 1, 1985. In preparation of the report the service shall consult with the Commissioner of Environmental Protection, the chairman of the Connecticut Siting Council and such other state agencies and authorities as are deemed necessary by the service. The service shall update the report at intervals of not more than five years and at any other time it deems necessary;
(2) Prepare a management plan for the management of hazardous wastes to be generated within Connecticut. The plan shall be submitted to the General Assembly on or before January 1, 1986, and shall include the following: (A) An evaluation of alternative types of management facilities, management technologies, management facility design and operating specifications for management facilities; (B) an evaluation of prospects, strategies and methods for developing hazardous waste management facilities of various types, sizes and functions; (C) an evaluation of feasible and prudent management objectives, along with a description of hazardous waste management methods and technologies, private and governmental actions, facilities and services, revenue-raising measures and levels of public and private expenditures and effort necessary to achieve those objectives, and (D) an evaluation of the environmental, social and economic effects of alternative facilities and technologies and the methods by which unavoidable adverse effects could be mitigated. In preparing the plan the service shall consult with the Commissioner of Environmental Protection, the chairman of the Connecticut Siting Council, other state agencies and authorities, the private waste management industry and generators of hazardous waste;
(3) After filing the management plan, prepare an inventory on or before July 1, 1986, of preferred areas for hazardous waste management facilities if, in the judgment of the service, private waste management facilities are not meeting the needs of the state for hazardous waste management as found in the report made pursuant to subdivision (1) of this subsection. The service shall evaluate each preferred area for its potential compliance with state and federal environmental regulations and local land use controls, for the degree of protection the area provides to agriculture and natural resources, for existing and future development patterns, transportation and other services appropriate to the hazardous waste facilities in its vicinity and for the location of hazardous waste generators. The service shall prepare a report on the suitability of each preferred area for a hazardous waste facility. Upon the completion of the inventory, the service shall select candidate sites for such facilities. In evaluating and selecting the candidate sites the service shall consider but shall not be limited to the following factors: (A) The economic feasibility of a facility at the site, including the proximity of the site to concentrations of generators of the types of hazardous waste likely to be proposed and permitted for treatment or disposal or both; (B) the potential compliance of any facility constructed at the site with federal and state pollution control and other environmental protection regulations; (C) the risk a facility at the site poses to the local public health, safety and welfare, including the risk from an accidental release of wastes during transportation to a facility or while at a facility, the risks from water, air and land pollution and from fire or explosions; (D) the effect of any facility constructed at the site on existing and planned local land use and development, and on local public facilities and services, and (E) the adverse effects of a facility at the site on agricultural and natural resources and the availability of resources for mitigating or eliminating such adverse effects by stipulations, conditions and requirements for the facility's design and operation.
(P.A. 83-572, S. 3, 9; P.A. 84-156, S. 2; P.A. 85-67, S. 1, 4; P.A. 86-343, S. 2, 4; P.A. 87-540, S. 22, 26; P.A. 88-364, S. 83, 123.)
History: P.A. 84-156 added provision requiring the service to pay particular attention to the investigation of the management of metal hydroxide sludge; P.A. 85-67 amended Subdiv. (1) by extending the date for submission of the estimate of the types and volumes of hazardous waste generated from January 1, 1984, to July 1, 1985; amended Subdiv. (2) by extending the date for the submission of the management plan from January 1, 1985, to January 1, 1986, and amended Subdiv. (3) by extending the date for submission of the inventory from July 1, 1985, to July 1, 1986; P.A. 86-343 added provision regarding hierarchy of preferred hazardous waste management strategies and made technical changes; P.A. 87- 540 added to the purposes of the service responsibility for the siting of a regional low-level radioactive waste facility, through reference to implementation of Secs. 22a-163b to 22a-163e, inclusive, effective upon designation of Connecticut as a host state by the Northeast Interstate Low-Level Radioactive Waste Commission, i.e. December 23, 1987; P.A. 88- 364 made a technical change.
See Secs. 22a-163 to 22a-163t, inclusive, re siting of a regional low-level radioactive waste disposal facility.

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Sec. 22a-134dd. Purchase of sites for hazardous waste management facilities. On and after January 1, 1987, the service may acquire by purchase, if in its judgment, private waste management facilities are not meeting the needs of the state as found pursuant to the report required by subdivision (1) of subsection (a) of section 22a-134cc, selected sites deemed necessary and suitable for hazardous waste management facilities.
(P.A. 83-572, S. 4, 9; P.A. 85-67, S. 2, 4.)
History: P.A. 83-572, S. 4 effective January 1, 1986; P.A. 85-67 specified that acquisition of sites may occur "on and after January 1, 1987".

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Sec. 22a-134ee. Construction or modification of hazardous waste facilities by the service. Following the acquisition of any site pursuant to section 22a-134dd, the service shall encourage the participation of private industry in the implementation of some or all of the purposes of sections 22a-134aa to 22a-134gg, inclusive, and subsection (d) of section 22a-451. If in the judgment of the service private waste management facilities are not meeting the needs of the state as found pursuant to the report required by subdivision (1) of subsection (a) of section 22a-134cc, the service shall plan, design, construct, finance, manage, own, operate, maintain, execute closure and postclosure management responsibilities for hazardous waste management and disposal facilities and all related hazardous waste reception, storage, transportation, waste handling and general support facilities considered by the service to be necessary, desirable, convenient or appropriate in carrying out the provisions of sections 22a-134aa to 22a-134gg, inclusive, and subsection (d) of section 22a-451. Any hazardous waste facility constructed or modified by the service shall comply with the provisions of chapter 445.
(P.A. 83-572, S. 5, 9; P.A. 84-546, S. 71, 173; P.A. 85-67, S. 3, 4; P.A. 86-343, S. 3, 4; P.A. 87-233, S. 3, 8.)
History: P.A. 83-572, S. 5 effective January 1, 1986; P.A. 84-546 made technical changes.; P.A. 85-67 specified the statutory authority for acquisition, i.e. Sec. 22a-134dd; P.A. 86-343 made the section apply to management facilities as well as disposal facilities; P.A. 87-233 made a technical change by deleting reference to "this chapter" and inserting "chapter 445" in lieu thereof.

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Sec. 22a-134ff. Powers of service. (a) The service shall have power to:
(1) Employ a staff, which shall be exempt from the provisions of chapter 67, and to fix their duties, qualifications and compensation;
(2) Establish offices where necessary in the state of Connecticut;
(3) Make and enter into any contract or agreement necessary or incidental to the performance of its duties and execution of its powers;
(4) Sue and be sued;
(5) Have a seal and alter it at pleasure;
(6) Make and alter bylaws and rules with respect to the exercise of its own powers;
(7) Conduct such hearings, examinations and investigations as may be necessary and appropriate to the conduct of its operations and the fulfillment of its responsibilities;
(8) Obtain access to public records and apply for the process of subpoena if necessary to produce books, papers, records and other data;
(9) Charge and collect reasonable fees for the services it performs;
(10) Purchase, lease or rent such real and personal property as it may deem necessary, convenient or desirable and to lease to a third party any real or personal property acquired;
(11) Enter upon private property in accordance with section 22a-163v;
(12) Receive and accept aid or contributions including money, property, labor and other things of value from any source;
(13) Invest any funds not needed for immediate use or disbursement in obligations issued or guaranteed by the United States of America or the state of Connecticut and in other obligations which are legal investments for savings banks in this state; and
(14) Adopt regular procedures for exercising its powers under this chapter not in conflict with other provisions of the general statutes.
(b) The service may enter into negotiations with the municipality or municipalities in which a low-level radioactive waste facility, as defined in section 22a-163a, is to be located and the neighboring municipality that would be most affected, as designated by the Connecticut Siting Council or the local project review committee, as defined in section 22a-163p, concerning the mitigation of the social and economic impacts of the facility.
(P.A. 83-572, S. 7, 9; P.A. 84-370, S. 2, 6; 84-546, S. 72, 173; P.A. 87-540, S. 23, 26; P.A. 88-266, S. 34, 46; 88-361, S. 21, 29; P.A. 91-337, S. 2, 15.)
History: P.A. 84-370 amended Subdiv. (6) by deleting the service's regulatory authority; P.A. 84-546 made technical change in Subdiv. (1); P.A. 87-540 added Subdiv. (11) regarding condemnation of real property for the siting of a regional low-level radioactive waste disposal facility, effective upon designation of Connecticut as a host state by the Northeast Interstate Low-Level Radioactive Waste Commission, i.e. December 23, 1987; P.A. 88-266 repealed Subdiv. (3) re power to retain or employ certain persons and added new Subdiv. (3) re power to make or enter into contracts or agreements, inserted "and collect" in Subdiv. (9), repealed Subdiv. (11) re power to condemn real property, and added new Subdivs. (11), (12) and (13) re powers to receive and accept aid or contributions, investment of funds and adoption of procedures; P.A. 88-361 replaced former Subdiv. (11) re condemnation of real property for a regional low-level radioactive waste facility with new provision re entry onto private property; P.A. 91-337 designated previous provisions as Subsec. (a) and in Subdiv. (10) of Subsec. (a) authorized the service to lease any real or personal property acquired and added a new Subsec. (b) allowing the service to enter into negotiations with municipalities affected by the facility re mitigation of the facility's impact.

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Sec. 22a-134gg. Service granted all necessary powers. Liberal construction of chapter. The service is hereby granted all powers necessary to fulfill the purposes of this chapter and to carry out its assigned responsibilities. The provisions of this chapter are to be construed liberally in furtherance of this intention.
(P.A. 83-572, S. 6, 9.)

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Sec. 22a-134hh. Technical and financial assistance to hazardous waste industries. Within available resources, the Hazardous Waste Management Service may provide technical and financial assistance to any person, firm, public or private corporation, agency or organization for any purpose related to the appropriate management of hazardous waste. Such assistance may include the development of methods for the reduction or the recycling of hazardous waste and the recovery of materials from such waste which may be used in manufacturing, agriculture or other processes.
(P.A. 84-156, S. 1; P.A. 87-233, S. 4, 8.)
History: P.A. 87-233 authorized provision of financial assistance, expanded list of assistance recipients and added reference to assistance for reduction of hazardous waste.

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Sec. 22a-134ii. Federal funds. The Hazardous Waste Management Service may with the approval of the Commissioner of Environmental Protection do all things necessary to apply for, qualify for and accept any federal funds made available or allotted under any federal act for the provision of technical assistance for hazardous waste management, or any other federal acts, projects, programs or activities related thereto. The chairman shall administer any such funds allotted to the service in accordance with federal law. The service may enter into contracts with the federal government concerning the use, maintenance, and repayment of such funds under any such federal act.
(P.A. 87-233, S. 5, 8.)

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Sec. 22a-134jj. Authorization for money and securities from public or private sources. The Hazardous Waste Management Service may receive, hold, invest and disburse money and securities from any source, public or private, offered it for any of its purposes by any person, public or private corporation, agency or association.
(P.A. 87-233, S. 6, 8.)

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Sec. 22a-134kk. Financial assistance. Financial assistance provided by the Hazardous Waste Management Service may be in the form of grants, loans, or guarantees of contractual obligations, upon such terms, conditions, and commitments as the service may determine to be necessary and appropriate. Any grant, loan or guarantee shall be based upon guidelines adopted by the board of directors of the service. In developing such guidelines, the directors shall consider the purpose of the agency as prescribed in section 22a-134cc and the experience, competence and integrity of an applicant for financial assistance.
(P.A. 87-233, S. 7, 8.)

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Sec. 22a-134ll. Liability of directors, officers or employees. (a) The state shall save harmless and indemnify any director, officer or employee of the Connecticut Hazardous Waste Management Service from financial loss and expense arising out of any claim, demand, suit or judgment by reason of his alleged negligence or alleged deprivation of any person's civil rights or other act or omission resulting in damage or injury, if the director, officer or employee is found to have been acting in the discharge of his duties or within the scope of his employment and such act or omission is found not to have been wanton, reckless or malicious.
(b) The state, through the Attorney General, shall provide for the defense of any such director, officer or employee of the service in any civil action or proceeding in any state or federal court arising out of any alleged act, omission or deprivation which occurred or is alleged to have occurred while the director, officer or employee was acting in the discharge of his duties or in the scope of his employment, except that the state shall not be required to provide for such a defense whenever the Attorney General, based on his investigation of the facts and circumstances of the case, determines that it would be inappropriate to do so and he so notifies the director, officer or employee in writing.
(c) Legal fees and costs incurred as a result of the retention by any such director, officer or employee of any attorney to defend his interests in any such civil action or proceeding shall be paid by the state only in those cases where (1) the Attorney General has stated in writing to the director, officer or employee, pursuant to subsection (b) of this section, that the state will not provide an attorney to defend the interests of the director, officer or employee, and (2) the director, officer or employee is thereafter found to have acted in the discharge of his duties or in the scope of his employment, and not to have acted wantonly, recklessly or maliciously. Such legal fees and costs incurred by a director, officer or employee shall be paid to the director, officer or employee only after the final disposition of the suit, claim or demand and only in such amounts as shall be determined by the Attorney General to be reasonable. In determining whether such amounts are reasonable, the Attorney General may consider whether it was appropriate for a group of directors, officers or employees to be represented by the same counsel.
(P.A. 88-361, S. 25, 29.)

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Sec. 22a-134mm. Supervision of legal matters by Attorney General. The Attorney General shall have general supervision over all legal matters of the Hazardous Waste Management Service. He shall appear for the service and the directors, officers and employees of the service in all suits and other civil proceedings, except upon criminal recognizances and bail bonds, in which the service is a party, or in which the official acts and doings of said directors, officers or employees are called in question in any court or other tribunal, as the duties of his office require, and all such suits shall be conducted by him or under his direction. All legal services required by the service and its directors, officers and employees in matters relating to their official duties shall be performed by the Attorney General or under his direction. All writs, summonses or other processes served upon such directors, officers and employees shall, forthwith, be transmitted by them to the Attorney General. All suits or other proceedings by such directors, officers and employees shall be brought by the Attorney General or under his direction. He shall advise or give his opinion to the chairman of the service upon any question of law submitted to him. He may procure such assistance as he may require.
(P.A. 88-361, S. 28, 29.)

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Sec. 22a-134nn. Adoption of written procedures. The board of directors of the Connecticut Hazardous Waste Management Service shall adopt written procedures, in accordance with the provisions of section 1-121, for: (1) Adopting an annual budget and plan of operations, including a requirement of board approval before the budget or plan may take effect; (2) hiring, dismissing, promoting and compensating employees of the service, including an affirmative action policy and a requirement of board approval before a position may be created or a vacancy filled; (3) acquiring real and personal property and personal services, including a requirement of board approval for any nonbudgeted expenditure in excess of five thousand dollars; (4) contracting for financial, legal, bond underwriting and other professional services, including a requirement that the service solicit proposals at least once every three years for each such service which it uses; (5) awarding loans, grants and other financial assistance, including eligibility criteria, the application process and the role played by the service's staff and board of directors; and (6) the use of surplus funds to the extent authorized under this chapter or other provisions of the general statutes.
(P.A. 88-266, S. 35, 46.)

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Sec. 22a-134oo. Office of Environmental Business Assistance. (a) There is established within the Connecticut Hazardous Waste Management Service an Office of Environmental Business Assistance. Such office shall provide technical assistance to business in pollution prevention techniques and methods with a focus on pollution prevention activities. The office may provide technical assistance on recycling, waste treatment and contained disposal when pollution prevention techniques are not applicable. In providing such assistance, the office shall give priority to the needs of small business and shall coordinate its activities with private and public sector initiatives in pollution prevention, including education.
(b) The Connecticut Hazardous Waste Management Service may adopt written procedures, in accordance with the provisions of section 1-121, establishing eligibility criteria applicable to loans, lines of credit or loan guarantees by the Connecticut Development Authority from the Environmental Assistance Revolving Loan Fund established under section 32-23qq for purposes of pollution prevention activities.
(P.A. 91-376, S. 4, 10.)

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CHAPTER 445aHAZARDOUS WASTE MANAGEMENT SERVICE

CHAPTER 445a
HAZARDOUS WASTE MANAGEMENT SERVICE