Table of Contents
Sec. 22a-258. (Formerly Sec. 19-524q). Legislative finding. It is found and declared that the people of the state of Connecticut have the right to a clean and wholesome
environment; that prevailing solid waste disposal practices generally, throughout the
state, result in unnecessary environmental damage, waste valuable land and other resources, and constitute a continuing hazard to the health and welfare of the people of
the state; that local governments responsible for waste disposal services are becoming
hard pressed to provide adequate services at reasonable costs, without damage or hazard
to the environment and the loss of useful resources; that locally organized voluntary
recycling programs have shown that solid wastes produced in the state of Connecticut
contain recoverable resources; that technology and methods now exist to dispose of
solid wastes and recover resources with commensurate environmental benefits; that
coordinated large-scale processing of solid wastes may be necessary in order to achieve
maximum environmental and economic benefits for the people of the state; that the
amounts of solid waste being produced within the state of Connecticut are adequate to
sustain such large-scale processing; that the geography and population density of the
state are such as to enable and facilitate the effective and economic regional accumulation of solid wastes; that the development of systems and facilities and the use of the
technology necessary to initiate large-scale processing of solid wastes have become
logical and necessary functions to be assumed by state government; that the provision
of solid waste disposal services to local governments at reasonable cost, through the
use of state governmental powers and capabilities, would supply valuable assistance to
such local governments; and, that, because of the foregoing, the provision of statutory
authorization for the necessary state structure, which can take initiative and appropriate
action to provide the necessary systems, facilities, technology and services for solid
waste management and resources recovery is a matter of important public interest and
that it is the purpose and intent of the General Assembly to be and remain cognizant
not only of its responsibility to authorize and establish the necessary state and local
structure and powers for the effective accomplishment of solid waste management and
resources recovery, but also of its responsibility to monitor and supervise the activities
and operations of the state authority created by this chapter, and the exercise of the
powers conferred upon such authority by virtue of this chapter.
Sec. 22a-259. (Formerly Sec. 19-524r). Declaration of state policy. The following are declared to be policies of the state of Connecticut: (1) That maximum resources
recovery from solid waste and maximum recycling and reuse of such resources in order
to protect, preserve and enhance the environment of the state shall be considered environmental goals of the state; (2) that solid waste disposal and resources recovery facilities
and projects are to be implemented either by the state of Connecticut or under state
auspices, in furtherance of these goals; (3) that appropriate governmental structure,
processes and support are to be provided so that effective state systems and facilities
for solid waste management and large-scale resources recovery may be developed, financed, planned, designed, constructed and operated for the benefit of the people and
municipalities of the state; (4) that private industry is to be utilized to the maximum
extent feasible to perform planning, design, management, construction, operation, manufacturing and marketing functions related to solid waste disposal and resources recovery and to assist in the development of industrial enterprise based upon resources recovery, recycling and reuse; (5) that long-term negotiated contracts between the state and
private persons and industries may be utilized as an incentive for the development of
industrial and commercial enterprise based on resources recovery within the state; (6)
that solid waste disposal services shall be provided for municipal and regional authorities
and private persons in the state, at reasonable cost, by state systems and facilities where
such services are considered necessary and desirable in accordance with the state-wide
solid waste management plan and that any revenues received from the payment of the
costs of such services otherwise from the operation of state systems and facilities shall
be redistributed to the users of such services provided that the authority has determined
that all contractual obligations related to such systems and facilities have been met and
that such revenues are surplus and not needed to provide necessary support for such
systems and facilities; (7) that provision shall be made for planning, research and development, and appropriate innovation in the design, management and operation of the
state's systems and facilities for solid waste management, in order to permit continuing
improvement and provide adequate incentives and processes for lowering operating
and other costs; (8) that the authority established pursuant to this chapter shall have
responsibility for implementing solid waste disposal and resources recovery systems
and facilities and solid waste management services where necessary and desirable
throughout the state in accordance with the state solid waste management plan and
applicable statutes and regulations; (9) that actions and activities performed or carried
out by the authority or its contractors in accordance with the provisions of this chapter
shall be in conformity with the state solid waste management plan and with other applicable policies and regulations of the state, as promulgated from time to time in law and by
action of the Department of Environmental Protection and the Connecticut Development
Authority; (10) that it being to the best interest of the state, municipalities, individual
citizens and the environment to minimize the quantity of materials entering the waste
stream that would require collection, transportation, processing, or disposal by any level
of government, it is the intent of this legislation to promote the presegregation of recoverable or recyclable materials before they become mixed and included in the waste stream;
and that this intent shall be reflected in the policy of the resources recovery authority
and that no provision of this chapter or action of this authority shall either discourage
or prohibit either voluntary or locally ordained solid waste segregation programs or the
sale of such segregated materials to private persons, unless the authority has determined
based upon a feasibility report filed with the applicable municipal authority that the
reduced user fees charged to it should result in its total cost of solid waste management
including user fees paid to the authority to be less without presegregation than with it,
and (11) that these policies and purposes are hereby declared to be in the public interest
and the provisions of this chapter to be necessary and for the public benefit, as a matter
of legislative determination.
Sec. 22a-260. (Formerly Sec. 19-524s). Definitions. The following terms, as used
in this chapter and chapter 103b, shall have the indicated meanings unless the context
in which they are used demands a different meaning and intent:
Sec. 22a-261. (Formerly Sec. 19-524t). Resources Recovery Authority established. President. Directors. (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 Resources Recovery Authority.
The authority shall not be construed to be a department, institution or agency of the state.
Sec. 22a-262. (Formerly Sec. 19-524u). Purposes of authority. (a) The purposes
of the authority shall be:
Sec. 22a-263. (Formerly Sec. 19-524v). Meetings. Records. Reports. Audits.
The directors of the authority shall meet at least monthly at the call of the chairman and
may meet more frequently if necessary and desirable. It shall maintain at all times minutes of its meetings including its considerations, deliberations, decisions and resolutions, which minutes shall be considered public records. It shall maintain all necessary
records and data with respect to its operations and shall report quarterly to the Governor
and annually to the General Assembly, upon its operations. Such reports shall include
but not be limited to a listing of the number and type of waste management service
contracts entered into with local government units and persons, and the charges therefor;
a listing of the contracts entered into for the services of private industry in the operation
of systems and facilities; a map showing the location of all facilities owned or leased
by the authority; a schedule of the amounts of waste received and processed in such
facilities; a listing of the outstanding issues of notes and bonds of the authority and the
payment status thereof; a budget showing the administrative expenses of the authority;
a report of revenues of the authority from all sources and of the redistribution of any
surplus revenues. The authority shall be subject to audit by the state Auditors of Public
Accounts in accordance with normal audit practices prescribed for departments, boards,
commissions and other agencies of the state.
Sec. 22a-264. (Formerly Sec. 19-524w). Activities and operations. The activities of the authority in providing or contracting to provide solid waste management
services to the state, regions, municipalities and persons, in implementing the state resources recovery system and in planning, designing, financing, constructing, managing
or operating solid waste facilities, including their location, size and capabilities, shall
be in conformity with applicable statutes and regulations and with the state solid waste
management plan as promulgated by the Commissioner of Environmental Protection.
The authority shall have power to assist in the preparation, revision, extension or amendment of the state solid waste management plan, and the Department of Environmental
Protection is hereby authorized to utilize, by contract or other agreement, the capabilities
of the authority for the carrying out of such planning functions. The authority shall have
power to revise and update, as may be necessary to carry out the purposes of this chapter,
that portion of the state solid waste management plan defined as the "solid waste management system". To effect such revision and updating, the authority shall prepare an annual
plan of operations which shall be reviewed by the Commissioner of Environmental
Protection for consistency with the state solid waste management plan. Upon approval
by the Commissioner of Environmental Protection and by a two-thirds vote of the authority's full board of directors, the annual plan of operations shall be promulgated. Any
activities of the authority carried out to assist in the development of industry and commerce based upon the availability of recovered resources for recycling and reuse shall
be coordinated to the extent practicable with plans and activities of the Connecticut
Development Authority with due consideration given to the secondary materials industries operating within the state of Connecticut.
Sec. 22a-265. (Formerly Sec. 19-524x). Powers, generally. The authority shall
have power to:
Sec. 22a-265a. Expenditures for outside consultants. If, during any fiscal year
the number of employees authorized by the board pursuant to subdivision (1) of section
22a-265 exceeds forty-five, expenditures by the authority for outside consultants during
such fiscal year shall be reduced below expenditures for outside consultants for the
previous fiscal year by an amount equal to expenditures for such additional employees
in excess of forty-five unless during such fiscal year municipalities contract with the
authority for the development or operation of additional recycling, intermediate processing or resources recovery processing facilities.
Sec. 22a-266. (Formerly Sec. 19-524y). Particular powers; contract authorizations. (a) To accomplish the purposes of this chapter, the authority shall have power to:
Sec. 22a-267. (Formerly Sec. 19-524z). Powers, fiscal. The authority shall have
the power to:
Sec. 22a-268. (Formerly Sec. 19-524aa). Powers to contract with private sector. The authority shall utilize private industry, by contract, to carry out the business,
design, operating, management, marketing, planning and research and development
functions of the authority, unless the authority determines that it is in the public interest
to adopt another course of action. The authority is hereby empowered to enter into long-
term contracts with private persons for the performance of any such functions of the
authority which, in the opinion of the authority, can desirably and conveniently be carried
out by a private person under contract provided any such contract shall contain such
terms and conditions as will enable the authority to retain overall supervision and control
of the business, design, operating, management, transportation, marketing, planning
and research and development functions to be carried out or to be performed by such
private persons pursuant to such contract. Such contracts may be entered into either on
a negotiated or an open-bid basis, and the authority in its discretion may select the
type of contract it deems most prudent to utilize, considering the scope of work, the
management complexities associated therewith, the extent of current and future technological development requirements and the best interests of the state. Whenever a long-
term contract is entered into on other than an open-bid basis, the criteria and procedures
therefor shall conform to applicable provisions of subdivision (16) of subsection (a) and
subsections (b) and (c) of section 22a-266, provided however, that any contract for a
period of over five years in duration, or any contract for which the annual consideration
is greater than fifty thousand dollars shall be approved by a two-thirds vote of the authority's full board of directors. The terms and conditions of such contracts shall be determined by the authority, as shall the fees or other similar compensation to be paid to such
persons for such contracts. The contracts entered into by the authority shall not be subject
to the approval of any other state department, office or agency. However, copies of all
contracts of the authority shall be maintained by the authority as public records, subject
to the proprietary rights of any party to the contract. Nothing of the aforesaid shall be
deemed to restrict the discretion of the authority to utilize its own staff and work force
for the performance of any of its assigned responsibilities and functions whenever, in
the discretion of the authority, it becomes necessary, convenient or desirable to do so.
Any litigation with respect to any terms, conditions or provisions of any contract of the
authority, or the performance or nonperformance of same by either party, shall be tried
before a judge of the Superior Court of Connecticut.
Sec. 22a-268a. Written procedures. The board of directors of the Connecticut
Resources Recovery Authority 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 authority, 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 such nonbudgeted expenditure in excess of five thousand dollars; (4) contracting for financial, legal, bond underwriting and other professional services, including a requirement that the authority solicit
proposals at least once every three years for each such service which it uses; (5) issuing
and retiring bonds, bond anticipation notes and other obligations of the authority; (6)
awarding loans, grants and other financial assistance, including eligibility criteria, the
application process and the role played by the authority's staff and board of directors;
and (7) the use of surplus funds to the extent authorized under this chapter or other
provisions of the general statutes.
Sec. 22a-269. (Formerly Sec. 19-524bb). Bonds of the authority. (a) Subject to
the approval of the Treasurer of the state, and any other limitations of this chapter, the
authority may borrow money and issue its bonds and notes from time to time and use
the proceeds thereof for the purposes and powers of the authority and to accomplish the
purposes of this chapter and to pay all of the costs of the authority incident to and
necessary in connection with the carrying out of such purposes, including providing
funds to be paid into any fund or funds to secure such bonds or notes in such principal
amount subject to the provisions of this chapter as in the opinion of the authority, shall
be necessary to provide sufficient funds for implementing such powers and achieving
such purposes. The notes and bonds issued by the authority shall be general obligations
of the authority payable out of any revenues or other receipts, funds or moneys of the
authority, subject only to any agreements with the holders of particular notes or bonds
pledging any particular revenues, receipts, funds or moneys except as otherwise expressly provided by resolution of the authority and in such event such bonds or notes
shall be special obligations of the authority payable solely from any revenues or other
receipts, funds or moneys of the authority pledged therefor and subject only to any
agreements with the holders of particular notes and bonds pledging any particular revenues, receipts, funds or moneys. Such bonds or notes may be executed and delivered in
such manner and at such times, may be in such form and denominations and of such
tenor and maturity or maturities, may be in bearer or registered form, as to principal
and interest or as to principal alone, may be payable at such time or times in the case
of any such note or renewals thereof not exceeding five years from the date of issue of
such note and in the case of any such bond not exceeding forty years from the date
thereof, may be payable at such place or places whether within or without the state, may
bear interest at such rate or rates payable at such time or times and at such place or
places and evidenced in such manner, and may contain such provisions not inconsistent
with this chapter, as shall be provided in the resolution of the authority authorizing the
issuance of the bonds or notes.
Sec. 22a-270. (Formerly Sec. 19-524cc). Tax exemption of authority, lessees
and operators. The exercise of the powers granted by this chapter constitute the performance of an essential governmental function and the authority shall not be required
to pay any taxes or assessments upon or in respect of a project, or any property or moneys
of the authority, levied by any municipality or political subdivision or special district
having taxing powers of the state, nor shall the authority be required to pay state taxes
of any kind, and the authority, its projects, property and money and any bonds and notes
issued under the provisions of this chapter, their transfer and the income therefrom,
including revenues derived from the sale thereof, shall at all times be free from taxation
of every kind by the state except for estate or succession taxes and by the municipalities
and all other political subdivisions or special districts having taxing powers of the state;
provided nothing herein shall prevent the authority from entering into agreements to
make payments in lieu of taxes with respect to property acquired by it or by any person
leasing a project from the authority or operating or managing a project on behalf of the
authority and neither the authority nor its projects, properties, money or bonds and notes
shall be obligated, liable or subject to lien of any kind for the enforcement, collection
or payment thereof. If and to the extent the proceedings under which the bonds authorized
to be issued under the provisions of this chapter so provide, the authority may agree to
cooperate with the lessee or operator of a project in connection with any administrative
or judicial proceedings for determining the validity or amount of such payment and may
agree to appoint or designate and reserve the right in and for such lessees or operators
to take all action which the authority may lawfully take in respect of such payments and
all matters relating thereto, providing such lessee or operator shall bear and pay all costs
and expenses of the authority thereby incurred at the request of such lessee or operator
or by reason of any such action taken by such lessee or operator in behalf of the authority.
Any lessee or operator of a project which has paid the amounts in lieu of taxes permitted
by this section to be paid shall not be required to pay any such taxes in which a payment
in lieu thereof has been made to the state or to any such municipality or other political
subdivision or special district having taxing powers, any other statute to the contrary
notwithstanding.
Sec. 22a-270a. Lessee under Connecticut Resources Recovery Authority project not liable for taxes on property leased from authority if payments in lieu of
taxes are made per agreement. Any real or personal property leased by the Connecticut
Resources Recovery Authority in connection with the operation of a project under the
provisions of this chapter which would otherwise be subject to taxation under chapter
203 shall be exempt from the assessment of property taxes permitted and required under
said chapter if such real or personal property is the subject of an agreement between
said authority or the lessee of such project and the municipality in which such project
is located to make payments in lieu of taxes with respect to such property. Any lessee
or operator of such project from said authority who has made any payment in lieu of
taxes due under such agreement shall not be required to make any payment of taxes on
which a payment in lieu thereof has been made to the municipality.
Sec. 22a-271. (Formerly Sec. 19-524dd). Bonds, legal investments. Bonds issued by the authority under the provisions of this chapter are hereby made securities in
which all public officers and public bodies of the state and its political subdivisions, all
insurance companies, credit unions, building and loan associations, investment companies, banking associations, trust companies, executors, administrators, trustees and other
fiduciaries and pension, profit-sharing and retirement funds may properly and legally
invest funds, including capital in their control or belonging to them. Such bonds are
hereby made securities which may properly and legally be deposited with and received
by any state or municipal officer or any agency or political subdivision of the state for
any purpose for which the deposit of bonds or obligations of the state is now or may
hereafter, be authorized by law.
Sec. 22a-272. (Formerly Sec. 19-524ee). Mandatory sinking fund for authority
bonds; special capital reserve funds; General Fund appropriations. Purchase of
financial guarantees. (a) Bonds or notes of the authority issued under the provisions
of this chapter shall not be deemed to constitute a debt or liability of the state or of
any municipality thereof or a pledge of the faith and credit of the state or of any such
municipality, and shall not constitute bonds or notes issued or guaranteed by the state
within the meaning of section 3-21, but shall be payable solely from the revenues and
funds herein provided therefor. All such bonds or notes shall contain on the face thereof
a statement to the effect that neither the state of Connecticut nor any municipality thereof
other than the authority shall be obligated to pay the same or the interest thereon and
that neither the faith and credit nor the taxing power of the state of Connecticut or of
any such municipality is pledged to the payment of the principal of or the interest on
such bonds or notes.
Sec. 22a-272a. Limit on use of bond proceeds for funding intermediate processing facilities. Not less than twenty-five million dollars of the next two hundred
million dollars of bonds issued by the Connecticut Resources Recovery Authority on
or after July 1, 1989, and secured by a special capital reserve fund established pursuant
to section 22a-272 shall be issued for the funding of intermediate processing facilities.
Sec. 22a-273. (Formerly Sec. 19-524ff). Moneys of the authority. The reserve
funds of the authority, as provided for in section 22a-272, shall be paid to the Treasurer
of the state as agent of the authority, who shall not commingle such moneys with any
other moneys. Such moneys shall be deposited in a separate bank account or accounts.
The moneys in such accounts shall be paid by checks signed by the Treasurer of the
state on requisition of the chairman of the authority or of such other officer or employee
or officers or employees of the authority as the authority shall authorize to make such
requisition. Notwithstanding the foregoing, the authority shall have power, subject to
the approval of the Treasurer of the state, to contract with the holders of any of its bonds
or notes, as to the custody, collection, securing, investment and payment of any reserve
funds of the authority, or of any moneys held in trust or otherwise for the payment of
bonds or notes, and to carry out such contracts. Any officer with whom, or any bank or
trust company with which such moneys shall be deposited as trustee thereof shall hold
and apply the same for the purposes thereof, subject to such provisions as this chapter
and the resolution authorizing the issue of the bonds or notes or the trust agreement
securing such bonds or notes may provide.
Sec. 22a-274. (Formerly Sec. 19-524gg). Pledge to holders of bonds and notes
of the authority. The state of Connecticut does hereby pledge to and agree with the
holders of any bonds and notes issued under this chapter and with those parties who
may enter into contracts with the Connecticut Solid Waste Authority or its successor
agency pursuant to the provisions of this chapter that the state will not limit or alter the
rights hereby vested in the authority until such obligations, together with the interest
thereon, are fully met and discharged and such contracts are fully performed on the part
of the authority, provided nothing contained herein shall preclude such limitation or
alteration if and when adequate provision shall be made by law for the protection of the
holders of such bonds and notes of the authority or those entering into such contracts
with the authority. The authority is authorized to include this pledge and undertaking
for the state in such bonds and notes or contracts.
Sec. 22a-275. (Formerly Sec. 19-524hh). Municipal and regional authorities.
(a) The authority shall have the power to purchase, in accordance with the requirements
of the state solid waste management plan, at such costs or prices as are mutually deemed
agreeable by the authority and the seller, any solid waste disposal facility, volume reduction plant or solid waste disposal areas owned by a municipality or regional authority
or by a person and to own and operate such facilities and plants when and as deemed
necessary, convenient or desirable, by the authority, and in accordance with the state
plan, to carry out its purposes in accordance with this chapter; it may alter, reconstruct,
improve, enlarge or extend any such facility, plant or disposal area at its own discretion
to carry out the requirements of the state solid waste management plan; it may contract
to plan, design, finance, construct and operate and maintain any solid waste management
project, processing facility or disposal area on behalf of a municipal or regional authority,
in accordance with such state plans; and may otherwise make the waste management
services and capabilities of authority projects available by contract to any municipal or
regional authority or private person or institution at reasonable fees or charges to be
established by the authority for such services.
Sec. 22a-276. (Formerly Sec. 19-524ii). Condemnation by authority. (a) Before
instituting any condemnation proceedings to obtain necessary real property, the authority shall have made diligent efforts to obtain said property by purchase or other means
satisfactory to the authority and shall have ruled, by resolution, that in its judgment the
property is not otherwise obtainable save through condemnation proceedings.
Sec. 22a-277. (Formerly Sec. 19-524jj). Delegation of powers of authority. (a)
The directors of the authority may, by resolution, delegate to the president of the authority, as its chief executive officer, such powers of the authority as may appear, in the
discretion of the directors, to be necessary, advisable or desirable in order to permit the
timely performance of the administrative functions of the authority and to carry out the
plans, policies, procedures and decisions of the directors.
Sec. 22a-278. (Formerly Sec. 19-524kk). Bonding of personnel. Each director
of the authority shall execute a surety bond in the sum of fifty thousand dollars, or, in
lieu thereof, the chairman of the authority shall execute a blanket positive bond covering
each director, executive and employee of the authority, each surety bond to be conditioned upon the faithful performance of the duties of the office or officers covered, to
be executed by a surety company authorized to transact business in the state of Connecticut as surety and to be approved by the Attorney General and filed in the office of the
Secretary of the State. The cost of each such bond shall be paid by the authority.
Sec. 22a-279. (Formerly Sec. 19-524ll). Connecticut Solid Waste Management
Advisory Council. Section 22a-279 is repealed.
Sec. 22a-280. (Formerly Sec. 19-524mm). Liberal construction of chapter.
This chapter, being necessary for the welfare of the state and its inhabitants, shall be
liberally construed, so as to effect its purposes.
Sec. 22a-281. (Formerly Sec. 19-524nn). Pilot project required. The authority
shall institute a pilot program of solid waste disposal, volume reduction and resources
recovery in a region of the state selected by the authority and shall report to the 1974
session of the General Assembly, on or before February 1, 1974, with respect thereto,
including in such report any recommendations for legislation to further the purposes of
this chapter. The authority shall not award any construction contracts over fifty thousand
dollars under this chapter in other areas of this state until such report has been so made.
Sec. 22a-282. Solid waste disposal area. Payments to municipalities. The Connecticut Resources Recovery Authority, notwithstanding the provisions of subsection
(b) of section 22a-208a concerning the right of any local body to regulate, through
zoning, land usage for solid waste disposal and section 22a-276, may use and operate
as a solid waste disposal area, pursuant to a permit issued under sections 22a-208, 22a-
208a and 22a-430, any real property owned by said authority on or before May 11, 1984,
any portion of which has been operated as a solid waste disposal area, and the authority
shall not be subject to regulation by any such body, except that the authority shall pay
to the municipality in which such property is located one dollar per ton of unprocessed
solid waste received from outside of such municipality and disposed of at the solid waste
disposal area by the authority. Any payment shall be in addition to any other agreement
between the municipality and the authority. The provisions of section 12-19a shall not
be construed to apply to any such real property.
Sec. 22a-283. Disposal of waste from municipal or private waste-to-energy
plant. The Connecticut Resources Recovery Authority shall accept for disposal in any
landfill owned by the authority the residue from any municipal or private waste-to-
energy plant the operation of which has been approved by the Commissioner of Environmental Protection in accordance with the provisions of section 22a-208 or section 22a-
208a, provided an engineer from the authority certifies that such landfill has the capacity
for disposal of such residue in excess of the capacity committed pursuant to any bonds
issued by said authority for the term of such bonds. The authority shall charge a fee that
represents the actual cost of disposal of such residue.
Sec. 22a-284. Agreement for administration of waste management project.
The provisions of this chapter shall not be construed to limit any municipality or any two
or more municipalities from entering into an agreement with the Connecticut Resources
Recovery Authority to provide for the administration of a waste management project
by such municipality or municipalities.
Sec. 22a-285. Definitions. As used in sections 16-50j, 22a-208b and 22a-285a to
22a-285k, inclusive:
Sec. 22a-285a. Establishment of ash residue disposal area. (a) Notwithstanding
any provision of the general statutes or any special act or municipal charter, on or after
December 1, 1990, the Connecticut Resources Recovery Authority, acting by itself or
through a regional resources recovery authority, may establish an ash residue disposal
area on all or part of not more than two sites east of the Connecticut River and two sites
west of the Connecticut River, provided such sites (1) are not owned or operated by the
authority on July 5, 1989, and (2) are identified in table 8 of the report prepared pursuant
to section 22a-228b entitled "Identification of Potential Ash Residue Disposal Sites" and
dated January, 1989, or determined by the Commissioner of Environmental Protection to
be capable of meeting the siting criteria described in said report. No site shall be located
within four miles of any ash residue disposal area owned or operated by the authority
on January 1, 1989, or in any municipality in which a resources recovery facility and
an ash residue disposal area are located and not more than one site shall be established
in any one regional planning area as defined by the Secretary of the Office of Policy
and Management pursuant to section 8-31a.
Sec. 22a-285b. Application for permit for ash residue disposal area. (a) Not
more than ten days after filing an application for a permit required under section 22a-
208a for an ash residue disposal area authorized under section 22a-285a, the Connecticut
Resources Recovery Authority shall provide notice of the application by certified mail,
return receipt requested, to (1) the chief elected official and the chairman of the zoning
commission, planning commission or combined planning and zoning commission of
any municipality in which such disposal area is to be located and (2) the chief elected
official and the chairman of the zoning commission, planning commission or combined
planning and zoning commission of any municipality within one thousand feet of the
perimeter of the proposed site.
Sec. 22a-285c. Operation of ash residue disposal area exempt from local zoning. Additional information required for permit. (a) The Connecticut Resources Recovery Authority shall assure that any ash residue disposal area established by the authority under section 22a-285a is constructed, operated, closed, monitored and maintained
after closure in accordance with all applicable laws, and that all necessary permits and
approvals are obtained, except that any such area established under sections 16-50j,
22a-208b and 22a-285 to 22a-285k, inclusive, shall not be required to comply with
requirements established by any municipal planning or zoning commission pursuant to
chapter 124 or 126 or any special act.
Sec. 22a-285d. Negotiated agreement, arbitration award or zoning approval
required. The Connecticut Resources Recovery Authority shall not commence construction or modification of an ash residue disposal site established pursuant to section
22a-285a unless the council has approved a negotiated agreement or issued an arbitration
award under section 22a-285g or the authority has submitted to the Commissioner of
Environmental Protection a copy of a valid certificate of zoning approval, special permit,
special exception or variance or other documentation pursuant to section 22a-208b.
Sec. 22a-285e. Application to initiate negotiation process. Municipal negotiating committee. Grants for review of proposed ash residue disposal area. (a) The
authority shall, within ten days of filing an application with the Commissioner of Environmental Protection for a permit under section 22a-208a for an ash residue disposal
area established under section 22a-285a, file an application with the council to initiate
the process of negotiating an agreement with municipalities that received a notice under
section 22a-285b or of obtaining an arbitration award in accordance with section 22a-
285g. The chief elected official of each municipality that received a notice pursuant to
section 22a-285b may appoint members to a negotiating committee to serve at his pleasure. The municipality in which the ash residue disposal area is located may appoint
five members and not more than two alternates to the committee. If part of the ash residue
disposal area is to be located in two or more municipalities, each such municipality
may appoint four members and not more than two alternates to the committee. Each
municipality within one thousand feet of the boundary of the ash residue disposal area
may appoint three members and not more than one alternate to the committee. If more
than one municipality is within one thousand feet of such boundary and the total number
of committee members from such municipalities exceeds the number of members from
each municipality in which the ash residue disposal area is to be located, then each
municipality in which the ash residue disposal area is to be located may appoint additional members so that the membership from each municipality in which the ash residue
disposal area is to be located equals or exceeds, by not more than one member, the
membership of all other municipalities. A vacancy may be filled by the chief elected
official of the municipality represented by the member leaving the committee.
Sec. 22a-285f. Participation by municipality in negotiation. A municipality that
received a notice pursuant to section 22a-285b may participate in the negotiation and
arbitration process if the chief elected official of such municipality sends to the council,
within sixty days of receipt of the notice, a resolution adopted by the legislative body
of the municipality stating its intent to negotiate and a list of the members of the committee. A resolution may be rescinded by the legislative body. A municipality failing to pass
a resolution or establish a negotiating committee shall not participate in negotiations.
Notwithstanding any provision of the general statutes, a municipality that does not participate in negotiation may not impose any requirement on the siting of the ash residue
disposal area for which a certificate is sought and the site shall not be required to comply
with any planning or zoning provision adopted by the municipalities in which it is located
under chapter 124 or 126 or any special act.
Sec. 22a-285g. Negotiation. (a) Negotiation between the committee and the applicant shall begin after appointment of the members of the committee by each municipality
that received a notice under section 22a-285b or sixty days after receipt by each such
municipality of the notice, whichever is earlier and shall be completed within one hundred eighty days after commencement. The applicant shall negotiate with the committee
whose membership was selected by the time prescribed in section 22a-285f. After negotiations have begun, no municipality failing to appoint members to the committee within
the time specified in said section 22a-285f may appoint members unless the applicant
and the committee approves such appointments.
Sec. 22a-257. (Formerly Sec. 19-524p). Short title: Connecticut Solid Waste Management
Services Act.
Sec. 22a-258. (Formerly Sec. 19-524q). Legislative finding.
Sec. 22a-259. (Formerly Sec. 19-524r). Declaration of state policy.
Sec. 22a-260. (Formerly Sec. 19-524s). Definitions.
Sec. 22a-261. (Formerly Sec. 19-524t). Resources Recovery Authority established. President. Directors.
Sec. 22a-262. (Formerly Sec. 19-524u). Purposes of authority.
Sec. 22a-263. (Formerly Sec. 19-524v). Meetings. Records. Reports. Audits.
Sec. 22a-264. (Formerly Sec. 19-524w). Activities and operations.
Sec. 22a-265. (Formerly Sec. 19-524x). Powers, generally.
Sec. 22a-265a. Expenditures for outside consultants.
Sec. 22a-266. (Formerly Sec. 19-524y). Particular powers; contract authorizations.
Sec. 22a-267. (Formerly Sec. 19-524z). Powers, fiscal.
Sec. 22a-268. (Formerly Sec. 19-524aa). Powers to contract with private sector.
Sec. 22a-268a. Written procedures.
Sec. 22a-269. (Formerly Sec. 19-524bb). Bonds of the authority.
Sec. 22a-270. (Formerly Sec. 19-524cc). Tax exemption of authority, lessees and operators.
Sec. 22a-270a. Lessee under Connecticut Resources Recovery Authority project not liable
for taxes on property leased from authority if payments in lieu of taxes are made per
agreement.
Sec. 22a-271. (Formerly Sec. 19-524dd). Bonds, legal investments.
Sec. 22a-272. (Formerly Sec. 19-524ee). Mandatory sinking fund for authority bonds; special capital reserve funds; General Fund appropriations. Purchase of financial guarantees.
Sec. 22a-272a. Limit on use of bond proceeds for funding intermediate processing facilities.
Sec. 22a-273. (Formerly Sec. 19-524ff). Moneys of the authority.
Sec. 22a-274. (Formerly Sec. 19-524gg). Pledge to holders of bonds and notes of the authority.
Sec. 22a-275. (Formerly Sec. 19-524hh). Municipal and regional authorities.
Sec. 22a-276. (Formerly Sec. 19-524ii). Condemnation by authority.
Sec. 22a-277. (Formerly Sec. 19-524jj). Delegation of powers of authority.
Sec. 22a-278. (Formerly Sec. 19-524kk). Bonding of personnel.
Sec. 22a-279. (Formerly Sec. 19-524ll). Connecticut Solid Waste Management Advisory
Council.
Sec. 22a-280. (Formerly Sec. 19-524mm). Liberal construction of chapter.
Sec. 22a-281. (Formerly Sec. 19-524nn). Pilot project required.
Sec. 22a-282. Solid waste disposal area. Payments to municipalities.
Sec. 22a-283. Disposal of waste from municipal or private waste-to-energy plant.
Sec. 22a-284. Agreement for administration of waste management project.
Sec. 22a-285. Definitions.
Sec. 22a-285a. Establishment of ash residue disposal area.
Sec. 22a-285b. Application for permit for ash residue disposal area.
Sec. 22a-285c. Operation of ash residue disposal area exempt from local zoning. Additional information required for permit.
Sec. 22a-285d. Negotiated agreement, arbitration award or zoning approval required.
Sec. 22a-285e. Application to initiate negotiation process. Municipal negotiating committee. Grants for review of proposed ash residue disposal area.
Sec. 22a-285f. Participation by municipality in negotiation.
Sec. 22a-285g. Negotiation.
Sec. 22a-285h. Bond or other security required to ensure proper operation.
Sec. 22a-285i. Chief elected official's right of access to inspect. Delegation of authority to inspect.
Sec. 22a-285j. Petition alleging violation. Written report by commissioner.
Sec. 22a-285k. Ownership of ash residue disposal area by authority. Disposal of ash residue limited to ash residue from solid waste generated in this state.
Secs. 22a-286 to 22a-292.
Sec. 22a-257. (Formerly Sec. 19-524p). Short title: Connecticut Solid Waste
Management Services Act. This chapter shall be known and may be cited as the "Connecticut Solid Waste Management Services Act".
(P.A. 73-459, S. 1, 26.)
History: Sec. 19-524p transferred to Sec. 22a-257 in 1983.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 73-459, S. 2, 26.)
History: Sec. 19-524q transferred to Sec. 22a-258 in 1983.
Cited. 193 C. 506, 518. Cited. 201 C. 700, 708.
Cited. 20 CA 474, 489.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 73-459, S. 3, 26; P.A. 74-338, S. 69, 94.)
History: P.A. 74-338 replaced Connecticut development commission with Connecticut development authority; Sec.
19-524r transferred to Sec. 22a-259 in 1983.
Cited. 20 CA 474, 476, 489.
Subdiv. (2):
Cited. 193 C. 506, 518. Cited. 201 C. 700, 708.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) "Authority" means the Connecticut Resources Recovery Authority created and
established pursuant to this chapter or any board, body, commission, department, officer,
agency or other successor thereto;
(2) "State solid waste management plan" means the administrative and financial
plan developed by the Commissioner of Environmental Protection for solid waste disposal and resources recovery, pursuant to section 22a-211;
(3) "Resources recovery" means the processing of solid wastes to reclaim energy
therefrom;
(4) "Recycling" means the processing of solid waste to reclaim material therefrom;
(5) "Person" means any individual, firm, partnership, association, limited liability
company or corporation, public or private, organized or existing under the laws of the
state or any other state, including federal corporations, but excluding municipalities,
special districts having taxing powers or other political subdivisions of the state;
(6) "Waste management services" means actions taken to effectuate the receipt,
storage, transportation and processing for resources recovery, recycling, reuse of recovered materials, or disposal of solid wastes, including the sale of products, materials or
energy on behalf of the state, a region, a municipality or a person by the authority or by
any person or persons acting under contract with the authority, pursuant to the provisions
of this chapter;
(7) "Solid waste" means unwanted or discarded solid, liquid, semisolid or contained
gaseous material, including but not limited to, demolition debris, material burned or
otherwise processed at a resources recovery facility or incinerator, material processed
at a recycling facility and sludges or other residue from a water pollution abatement
facility, water supply treatment plant or air pollution control facility;
(8) "Solid waste facility" means any solid waste disposal area, volume reduction
plant, transfer station, wood burning facility, or biomedical waste treatment facility;
(9) "Solid waste disposal area" means any location, including a landfill or other
land disposal site, used for the disposal of more than ten cubic yards of solid waste;
(10) "Volume reduction plant" means any location or structure, whether located on
land or water, where more than two thousand pounds per hour of solid waste generated
elsewhere may be reduced in volume, including but not limited to, resources recovery
facilities and other incinerators, recycling facilities, pulverizers, compactors, shredders,
balers and composting facilities;
(11) "Resources recovery facility" means a facility utilizing processes aimed at
reclaiming the material or energy values from solid wastes;
(12) "Transfer station" means any location or structure, whether located on land or
water, where more than ten cubic yards of solid waste, generated elsewhere, may be
stored for transfer or transferred from transportation units and placed in other transportation units for movement to another location, whether or not such waste is stored at the
location prior to transfer;
(13) "Recycling facility" or "recycling center" means land and appurtenances
thereon and structures where recycling is conducted, including but not limited to, an
intermediate processing center as defined in this section;
(14) "Solid waste planning region" means those municipalities or parts thereof
within or forming an area defined in the state solid waste management plan;
(15) "Municipality" means any town, city or borough within the state;
(16) "Municipal authority" means the local governing body having legal jurisdiction over solid waste management within its corporate limits which shall be, in the case
of any municipality which adopts a charter provision or ordinance pursuant to section
7-273aa, the municipal resource recovery authority;
(17) "Region" means two or more municipalities which have joined together by
creating a district or signing an interlocal agreement or signing a mutual contract for a
definite period of time concerning solid waste management within such municipalities;
(18) "Regional authority" means the administrative body delegated the responsibility for solid waste management in a region;
(19) "Bonds" means bonds of the authority issued pursuant to the provisions of this
chapter and the authorizing resolutions of said authority;
(20) "Notes" means notes of the authority issued pursuant to this chapter and the
resolutions of the authority, either in anticipation of and pending the issuance of bonds
by said authority or otherwise;
(21) "Revenues" means moneys or income received by the authority in whatever
form, including but not limited to fees, charges, lease payments, interest payments on
investments, payments due and owing on account of any instrument, contract or
agreement between the authority and any municipality, region, state agency or person,
gifts, grants, bestowals or any other moneys or payments to which the authority is entitled
under the provisions of this chapter or any other law, or of any agreement, contract or
indenture of the authority;
(22) "Waste management project" means any solid waste disposal and resources
recovery area, plant, works, system, facility or component of a facility, equipment,
machinery or other element of a facility which the authority is authorized to plan, design,
finance, construct, manage, operate or maintain under the provisions of this chapter,
including real estate and improvements thereto and the extension or provision of utilities
and other appurtenant facilities deemed necessary by the authority for the operation of
a project or portion of a project, including all property rights, easements and interests
required;
(23) "Solid waste management system" means that portion of the overall state solid
waste management plan specifically designed to deal with the provision of waste management services and to effect resources recovery and recycling by means of a network
of waste management projects and resources recovery facilities developed, established
and operated by the authority by contract or otherwise, but not embracing or including
any regulatory or enforcement activities of the Department of Environmental Protection
in accordance with applicable provisions of the general statutes and as may be referred
to in the state solid waste management plan as developed and promulgated by the Commissioner of Environmental Protection;
(24) "Costs" means the cost or fair market value, as determined by the authority, of
construction, lands, property rights, utility extensions, disposal facilities, access roads,
easements, franchises, financing charges, interest, engineering and legal services, plans,
specifications, surveys, cost estimates, studies, transportation and other expenses necessary or incidental to the design, development, construction, financing, management and
operation and maintenance of a waste management project, and such other costs or
expenses of the authority, including administrative and operating costs, research and
development, and operating capital, including fees, charges, loans, insurances, and the
expense of purchasing real and personal property, including waste management projects;
(25) "Intermediate processing facility" means a facility where glass, metals, paper
products, batteries, household hazardous waste, fertilizers and other items are removed
from the waste stream for recycling or reuse.
(P.A. 73-459, S. 4, 26; P.A. 79-605, S. 15, 17; P.A. 81-213, S. 2, 18; P.A. 87-489, S. 13, 14; P.A. 89-386, S. 7, 24; P.A.
91-55, S. 2; P.A. 95-79, S. 99, 189.)
History: P.A. 79-605 rephrased definition of "solid waste"; P.A. 81-213 redefined "municipal authority" in Subsec.
(n) to include municipal resource recovery authorities under chapter 103b and extended applicability of definitions to that
chapter; Sec. 19-524s transferred to Sec. 22a-260 in 1983 and alphabetic Subdiv. indicators replaced with numeric indicators
editorially; P.A. 87-489 added Subdiv. (23) defining "intermediate processing facility" and redefined "solid waste facility"
to include such intermediate facilities; P.A. 89-386 redefined "resources recovery", "recycling", "waste management
services", "solid waste", "solid waste facility", "solid waste disposal area", "volume reduction plant", "solid waste management system" and "intermediate processing facility", added definitions of "transfer station", "recycling facility" and "recycling center" and renumbered the terms accordingly; P.A. 91-55 rephrased the definition of "solid waste" and broadened
the definitions of "volume reduction plant", "solid waste disposal area" and "transfer station"; P.A. 95-79 redefined "person"
to include a limited liability company, effective May 31, 1995.
Subdiv. (11):
Cited. 210 C. 349, 355.
Subdiv. (18):
Cited. 218 C. 821, 822.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The powers of the authority shall be vested in and exercised by a board of directors, which shall consist of thirteen directors: Four appointed by the Governor and three
ex-officio members, who shall have a vote including the Secretary of the Office of
Policy and Management, the Commissioner of Transportation, and the Commissioner
of Economic and Community Development; two appointed by the president pro tempore
of the Senate, two by the speaker of the House, one by the minority leader of the Senate
and one by the minority leader of the House of Representatives. Any legislative appointee may be a member of the General Assembly. The directors appointed by the Governor
shall serve for terms of four years each, from January first next succeeding their appointment, provided, of the directors first appointed, two shall serve for terms of two years,
and two for terms of four years, from January first next succeeding their appointment.
Any vacancy occurring other than by expiration of term shall be filled in the same
manner as the original appointment for the balance of the unexpired term.
(c) Of the four members appointed by the Governor, two shall be first selectmen,
mayors or managers of Connecticut municipalities; one from a municipality with a
population of less than fifty thousand, one from a municipality of over fifty thousand
population; two shall be public members without official governmental office or status
with extensive high-level experience in municipal or corporate finance or business or
industry, provided not more than two of such appointees shall be members of the same
political party. The chairman of the board shall be appointed by the Governor, with the
advice and consent of both houses of the General Assembly. The chairman shall serve
at the pleasure of the Governor.
(d) The chairman shall, with the approval of the directors, appoint a president of
the authority who shall be an employee of the authority, paid a salary prescribed by the
chairman, subject to the approval of the directors. The president shall supervise the
administrative affairs and technical activities of the authority in accordance with the
directives of the board.
(e) Each director shall be entitled to reimbursement for his actual and necessary
expenses incurred during the performance of his official duties.
(f) 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.
(g) Six directors of the authority shall constitute a quorum for the transaction of
any business or the exercise of any power of the authority, provided, at least two ex-
officio directors and one director from municipal government must be present in order
for a quorum to be in attendance. For the transaction of any business or the exercise of
any power of the authority, and except as otherwise provided in this chapter, the authority
shall have power to act by a majority of the directors present at any meeting at which
a quorum is in attendance. If the legislative body of a municipality that is the site of a
facility passes a resolution requesting the Governor to appoint a resident of such municipality to be an ad hoc member, the Governor shall make such appointment upon the
next vacancy for the ad hoc members representing such facility. The Governor shall
appoint with the advice and consent of the General Assembly ad hoc members to represent each facility operated by the authority provided at least one-half of such members
shall be chief elected officials of municipalities, or their designees. Each such facility
shall be represented by two such members. The ad hoc members shall be electors from
a municipality or municipalities in the area to be served by the facility and shall vote
only on matters concerning such facility. The terms of the ad hoc members shall be four
years.
(h) The board may delegate to three or more 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.
(i) Members of the board may designate a representative to perform in their absence
their respective duties under this chapter.
(j) The term "director", as used in this section, shall include such persons so designated as provided herein and this designation shall be deemed temporary only and shall
not affect any applicable civil service or retirement rights of any person so designated.
(k) 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.
(l) The authority shall continue as long as it shall have bonds or other obligations
outstanding and until its existence shall be terminated by law. Upon the termination of
the existence of the authority, all its rights and properties shall pass to and be vested in
the state of Connecticut.
(m) The directors, members and officers of the authority and any person executing
the bonds or notes of the authority shall not be liable personally on such bonds or notes
or be subject to any personal liability or accountability by reason of the issuance thereof,
nor shall any director, member or officer of the authority be personally liable for damage
or injury, not wanton or wilful, caused in the performance of his duties and within the
scope of his employment or appointment as such director, member or officer.
(n) 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 director of the authority, provided such trustee, director, partner, officer or individual shall abstain from deliberation, action or vote by the authority
in specific respect to such person, firm or corporation.
(P.A. 73-459, S. 5, 26; P.A. 74-330, S. 1, 4; 74-338, S. 5, 94; P.A. 75-445; P.A. 76-170, S. 1, 4; P.A. 77-614, S. 19,
127, 610; P.A. 79-198; P.A. 82-185; P.A. 83-270, S. 1, 2; P.A. 84-331, S. 1, 4; P.A. 87-566; P.A. 88-225, S. 12, 14; 88-
266, S. 36, 46; P.A. 89-386, S. 8, 24; P.A. 90-179, S. 8, 9; P.A. 93-423, S. 6; P.A. 94-200, S. 6; May 25 Sp. Sess. P.A. 94-
1, S. 23, 128, 130; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 74-330 revised provision re initial appointees so that two rather than three members to be appointed for
two years and for four years; P.A. 74-338 set starting date for terms at "January first next succeeding their appointment";
P.A. 75-445 allowed all members to designate representative to serve in their stead, previously only commissioners of
environmental protection, finance and control and transportation could do so by filing official proxy with chairman and
obtaining approval of directors; P.A. 76-170 added Subsec. (m); P.A. 77-614 replaced commissioner of finance and control
with secretary of the office of policy and management and personnel policy board (in Subsec. (d)) with commissioner of
administrative services and required that salaries be subject to approval of secretary of office of policy and management
in Subsec. (d); P.A. 79-198 made technical correction in Subsec. (b); P.A. 82-185 added provisions re ad hoc members of
authority in Subsec. (g); Sec. 19-524t transferred to Sec. 22a-261 in 1983; P.A. 83-270 amended Subsec. (b) to include
economic development commissioner as ex-officio director of the authority and amended Subsec. (g) to raise the number
of directors required for a quorum from five to six to reflect the addition of the commissioner of economic development
as an ex-officio director; P.A. 84-331 amended Subsec. (a) by adding provision that the authority is not a state department,
institution or agency; P.A. 87-566 amended Subsec. (b) by increasing membership from eleven to fifteen members and
amended Subsec. (g) to authorize appointment of ad hoc members when a facility is being actively considered rather than
upon determination that a facility is feasible and required that governor appoint ad hoc member from municipality which
is a facility site upon the municipality's request; P.A. 88-225 added Subsec. (n) specifying when a financial interest and
serving as a director of the authority do not constitute a conflict of interest; P.A. 88-266 amended Subsec. (b) to require
the powers of the authority to be vested in and exercised by a board of directors and to repeal requirement that governor's
appointments be made with advice and consent of general assembly, amended Subsec. (c) to require chairman to be
appointed by governor with advice and consent of general assembly, amended Subsec. (d) to require president to supervise
administrative affairs and technical activities of the authority, amended Subsec. (h) to allow board to delegate board powers
to three or more 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. (l) by specifying the authority shall continue "as long as it shall have
bonds or other obligations outstanding" and substituted "board" for "authority" in Subsecs. (c), (g), (h) and (i); P.A. 89-
386 reduced the number of board members from fifteen to fourteen, eliminating environmental protection commissioner
as ex-officio member; P.A. 90-179 amended Subsec. (d) to provide that president's salary is to be set by the chairman with
approval of directors rather than by administrative services commissioner with approval by secretary of the office of policy
and management; P.A. 93-423 amended Subsec. (b) to remove chairperson of Connecticut Solid Waste Management
Advisory Council as director; P.A. 94-200 amended Subsec. (g) to provide that ad hoc members shall be appointed to
represent each facility operated by the authority and that one-half of such members shall be municipal chief elected officials
or their designees and deleted prior provisions re ad hoc members; May 25 Sp. Sess. P.A. 94-1 amended Subsec. (b) by
making technical change and amended Subsec. (g) to provide that the governor shall appoint a resident of a sited municipality
to the board if requested by the legislative body of such municipality, effective July 1, 1994; P.A. 95-250 and P.A. 96-211
replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic
and Community Development.
See Sec. 4-9a for definition of "public member".
Cited. 193 C. 506, 514. Cited. 218 C. 821, 822. Cited. 225 C. 731, 735.
Subsec. (a):
Cited. 193 C. 506−508, 511−515, 523.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) The planning, design, construction, financing, management, ownership, operation and maintenance of solid waste disposal, volume reduction, recycling, intermediate
processing and resources recovery facilities and all related solid waste reception, storage, transportation and waste-handling and general support facilities considered by the
authority to be necessary, desirable, convenient or appropriate in carrying out the provisions of the state solid waste management plan and in establishing, managing and operating solid waste disposal and resources recovery systems and their component waste-
processing facilities and equipment;
(2) The provision of solid waste management services to municipalities, regions
and persons within the state by receiving solid wastes at authority facilities, pursuant
to contracts between the authority and such municipalities, regions and persons; the
recovery of resources and resource values from such solid wastes; and the production
from such services and resources recovery operations of revenues sufficient to provide
for the support of the authority and its operations on a self-sustaining basis, with due
allowance for the redistribution of any surplus revenues to reduce the costs of authority
services to the users thereof provided such surplus revenues shall include any net revenue
from activities undertaken pursuant to subdivisions (18) and (19) of subsection (a) of
section 22a-266 and subdivision (8) of section 22a-267;
(3) The utilization, through contractual arrangements, of private industry for implementation of some or all of the requirements of the state solid waste management plan
and for such other activities as may be considered necessary, desirable or convenient
by the authority;
(4) Assistance with and coordination of efforts directed toward source separation
for recycling purposes; and
(5) Assistance in the development of industries, technologies and commercial enterprises within the state of Connecticut based upon resources recovery, recycling, reuse
and treatment or processing of solid waste.
(b) These purposes shall be considered to be operating responsibilities of the authority, in accordance with the state solid waste management plan, and are to be considered
in all respects public purposes. It is the intention of this chapter that the authority shall
be granted all powers necessary to fulfill these purposes and to carry out its assigned
responsibilities and that the provisions of this chapter, itself, are to be construed liberally
in furtherance of this intention.
(P.A. 73-459, S. 6, 26; P.A. 90-179, S. 2, 9; P.A. 98-184, S. 1, 4.)
History: Sec. 19-524u transferred to Sec. 22a-262 in 1983; P.A. 90-179 amended Subdiv. (1) to include recycling and
intermediate processing facilities as facilities which may be provided for by the authority; P.A. 98-184 divided existing
section into Subsecs. (a) and (b), amended Subsec. (a)(2) to require that surplus revenues include net revenue from activities
undertaken pursuant to Secs. 22a-266(a)(18), (a)(19) and 22a-267(8), and amended Subsec. (a)(5) by inserting "technologies" and "and treatment or processing of solid waste", effective June 4, 1998.
Cited. 193 C. 506, 518. Cited. 218 C. 821, 822. Cited. 225 C. 731, 736.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 73-459, S. 7, 26.)
History: Sec. 19-524v transferred to Sec. 22a-263 in 1983.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 73-459, S. 8, 26; P.A. 74-338, S. 70, 94; P.A. 83-112.)
History: P.A. 74-338 replaced Connecticut development commission with Connecticut development authority; Sec.
19-524w transferred to Sec. 22a-264 in 1983; P.A. 83-112 authorized the commissioner of environmental protection to
review the plan of operation, and required commissioner's approval as well as that of authority's board of directors for
promulgation of plan.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) Employ a staff of not to exceed seventy personnel, exclusive of the directors,
and to fix their duties, qualifications and compensation provided before employing more
than forty-five persons the board of directors shall, by a two-thirds vote of all the members, establish the maximum number of employees which may be employed;
(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 and regulations 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 reasonable fees for the services it performs and waive, suspend, reduce
or otherwise modify such fees, provided such user fees shall apply uniformly within
each municipality to all users who are provided with waste management services with
respect to a given type or category of wastes, in accordance with criteria established by
the authority, and provided further no change may be made in user fees without at least
sixty days prior notice to the users affected thereby;
(10) Purchase, lease or rent such real and personal property as it may deem necessary, convenient or desirable;
(11) Appoint such state and local advisory councils as it may from time to time
deem advisable, including but not limited to state and local councils on the continuation
and utilization of source-separation and recycling efforts to benefit the people of the
state;
(12) Otherwise, do all things necessary for the performance of its duties, the fulfillment of its obligations, the conduct of its operations, the maintenance of its working
relationships with municipalities, regions and persons, and the conduct of a comprehensive program for solid waste disposal and resources recovery, and for solid waste management services, in accordance with the provisions of the state solid waste management
plan, applicable statutes and regulations and the requirements of this chapter;
(13) Receive and accept, from any source, aid or contributions, including money,
property, labor and other things of value;
(14) To 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 obligations that are legal investments for savings banks in this state; and
(15) To adopt regular procedures for exercising its power under this chapter not in
conflict with other provisions of the general statutes.
(P.A. 73-459, S. 9, 26; P.A. 86-66, S. 1, 2; P.A. 88-266, S. 37, 46; P.A. 89-299, S. 1, 3.)
History: Sec. 19-524x transferred to Sec. 22a-265 in 1983; P.A. 86-66 amended Subdiv. (1) by increasing the staff
authorization from thirty to forty persons; P.A. 88-266 substituted "forty-five" for "forty" in Subdiv. (1), 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 and new Subdivs. (13), (14) and (15) re powers to receive and accept aid or contributions, investment of funds
and adoption of procedures; P.A. 89-299 amended Subdiv. (1) to increase the maximum number of employees from forty-
five to seventy persons and added provision requiring establishment of maximum number of employees by the board of
directors.
Cited. 193 C. 506, 514.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 89-299, S. 2, 3; P.A. 90-179, S. 3, 9.)
History: P.A. 90-179 provided that the reduction of expenditures for consultants did not apply if municipalities contract
with the authority for the development of recycling, intermediate processing or resources recovery processing facilities.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) Own, manage and use real property or any interest therein;
(2) Determine the location and character of any project to be developed under the
provisions of this chapter, subject to applicable statutes and regulations and the requirements of the state-wide solid waste management plan;
(3) Purchase, receive by gift or otherwise, lease, exchange, or otherwise acquire and
construct, reconstruct, improve, maintain, equip and furnish such waste management
projects as are called for by the state solid waste management plan;
(4) Sell or lease to any person, all or any portion of a waste management project, for
such consideration and upon such terms as the authority may determine to be reasonable;
(5) Mortgage or otherwise encumber all or any portion of a project whenever, in
the opinion of the authority, such action is deemed to be in furtherance of the purposes
of this chapter;
(6) Grant options to purchase, or to renew a lease for, any authority waste management project on such terms as the authority may determine to be reasonable;
(7) Acquire, by purchase, gift, transfer, or by condemnation for public purposes,
and manage and operate, hold and dispose of real property and, subject to agreements
with lessors or lessees, develop or alter such property by making improvements and
betterments with the purpose of enhancing the value and usefulness of such property;
(8) Make plans, surveys, studies and investigations necessary or desirable, in conformity with the state plan and with due consideration for local or regional plans, to
carry out authority functions with respect to the acquisition, use and development of
real property and the design and construction of systems and facilities;
(9) Make short and long range plans, consistent with the provisions of the state
solid waste management plan, for the processing and transportation of solid wastes and
recovered resources by authority-owned facilities;
(10) Design or provide for the design of solid waste management facilities including
design for the alteration, reconstruction, improvement, enlargement or extension of existing facilities;
(11) Construct, erect, build, acquire, alter, reconstruct, improve, enlarge or extend
waste management projects including provision for the inspection and supervision
thereof and the engineering, architectural, legal, fiscal and economic investigations and
studies, surveys, designs, plans, working drawings, specifications, procedures and any
other actions incidental thereto;
(12) Own, operate and maintain waste management projects and make provision for
their management and for the manufacturing, processing and transportation operations
necessary to derive recovered resources from solid waste, and contracting for the sale
of such;
(13) Enter upon lands and waters, as may be necessary, to make surveys, soundings,
borings and examinations in order to accomplish the purposes of this chapter;
(14) Contract with municipal and regional authorities and state agencies to provide
waste management services in accordance with the provisions of section 22a-275 and
to plan, design, construct, manage, operate and maintain solid waste disposal and processing facilities on their behalf;
(15) Design and construct improvements or alterations on properties which it owns
or which it operates by contract on behalf of municipal or regional authorities, including
the restoration of terminated dumps and landfills to beneficial public or private use;
(16) Contract for services in the performance of architectural and engineering design, the supervision of design and construction, system management and facility management; for such professional or technical services as are specified in subdivision (3)
of section 22a-265; and for such other professional or technical services as may require
either prequalification of a contractor or the submission by any individual, firm or consortium or association of individuals or firms of a proposal in response to an official
request for proposal or similar written communication of the authority, whenever such
services are, in the discretion of the authority, deemed necessary, desirable or convenient
in carrying out the purposes of the authority;
(17) Contract for the construction of solid waste facilities with private persons or
firms, or consortia of such persons or firms, pursuant to applicable provisions of this
chapter, the requirements of applicable regulations and the state plan and in accordance
with such specifications, terms and conditions as the authority may deem necessary or
advisable;
(18) Assist in the development of industries and commercial enterprises and the
planning, design, construction, financing, management, ownership, operation and maintenance of systems, facilities and technology within the state based upon or related to
resources recovery, recycling, reuse, treatment, processing or disposal of solid waste
provided any net revenue to the authority from activities, contracts, products or processes
undertaken pursuant to this subdivision shall be distributed so as to reduce the costs of
other authority services to the users thereof on a pro rata basis proportionate to costs
paid by such users;
(19) Act as an electric aggregator pursuant to public act 98-28* provided any net
revenue to the authority from activities, contracts, products or processes undertaken
pursuant to this subdivision shall be distributed so as to reduce the costs of other authority
services to the users thereof on a pro rata basis proportionate to costs paid by such users.
(b) Any contracts authorized by this chapter shall be entered into by the authority
on the same basis and subject to the same limitations and considerations applicable to
municipal and regional resources recovery authorities pursuant to subsection (c) of section 7-273bb, except that in entering into a contract for a resources recovery facility,
solid waste facility, volume reduction plant or solid waste management system, the
authority shall consider the best interests of the municipality or region to be served by
such facility, plant or system.
(c) The authority shall have power, in its discretion, either to purchase on a centralized basis, heavy solid waste processing equipment to be installed in waste management
projects, or to require such purchase and installation as part of a construction contract.
The authority shall conduct its contracting and purchasing operations in accordance
with its regularly adopted and promulgated procurement policies and specific rules and
procedures on purchasing and contracting approved by a two-thirds vote of its full board
of directors. In procuring services with respect to the establishment, management and
operation of transfer stations, and the transportation of solid wastes therefrom to a solid
waste facility, the authority and its subcontractors shall insofar as is practicable give
preference to firms based in Connecticut. Whenever the authority determines that a
contract for facility management shall be awarded on other than an open-bid basis, in
accordance with applicable provisions of subdivision (16) of subsection (a) of this section, subsection (b) of this section and section 22a-268, the directors shall, at least sixty
days prior to the award date, pass a resolution expressing their intent to award and shall
within ten days cause a copy of such resolution to be printed in one daily and one weekly
newspaper published within the state. Thereupon, interested parties who so desire may,
within thirty days, petition the directors with respect to such contract and offer evidence
in extenuation before a referee appointed by the chairman. Such referee shall not be an
employee of the authority and shall report his findings with respect to such petition and
evidence to the directors at least ten days prior to the projected award date. The directors
shall give due consideration to such findings in determining the final award of the contract.
(P.A. 73-459, S. 10, 26; P.A. 77-193; P.A. 87-451, S. 3, 5; P.A. 98-184, S. 2, 4.)
*Public act 98-28 is entitled "An Act Concerning Electric Restructuring". (See Reference Table captioned "Public Acts
of 1998" in Volume 16 which lists the sections amended, created or repealed by the act.)
History: P.A. 77-193 required that subcontractors, as well as the authority, give preference to Connecticut firms in
Subsec. (c); Sec. 19-524y transferred to Sec. 22a-266 in 1983; P.A. 87-451 replaced previously existing provisions of
Subsec. (b) with new provisions making any contract subject to limitations and considerations applicable to municipal and
regional resources recovery authorities; P.A. 98-184 amended Subsec. (a) by adding new Subdiv. (18) re power to assist
in development of industries and commercial enterprises and activities based on or related to resources recovery, recycling,
reuse, treatment, processing or disposal of solid waste and new Subdiv. (19) re power to act as an electric aggregator,
effective June 4, 1998.
Cited. 193 C. 506, 514.
Cited. 19 CA 489, 491, 492, 494.
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) Accept gifts, grants or loans of funds, property or service from any source, public
or private, and comply, subject to the provisions of this chapter, with the terms and
conditions thereof;
(2) Receive funds from the sale of the bonds or other obligations of municipal and
regional authorities and from the sale of obligations of the authority and its real and
personal properties;
(3) Receive funds or revenues from the sale of products, materials, fuels and energy
in any form derived from the processing of solid waste by systems, facilities and equipment under its jurisdiction, and receive revenues in the form of rents, fees and charges
paid by units or agencies of state and local government, and by private persons and
organizations, to compensate the authority for the use of its facilities or the performance
of its services;
(4) Accept from a federal agency loans or grants for use in carrying out its purposes
and enter into agreements with such agency respecting any such loans or grants;
(5) Make loans to any municipal or regional authority or to any person for the planning, design, acquisition, construction, reconstruction, improvement, equipping and furnishing of a waste management project, which loans shall be secured by loan agreements,
contracts or any other instruments or agreements with respect to the use of fees and
charges, upon such terms and conditions as the authority shall determine reasonable in
connection with such loans, including provisions for the establishment and maintenance
of reserve funds, and in the exercise of powers granted in this section in connection with
the project for any such municipal or regional authority or private person, to require the
inclusion in any contract, loan agreement or other instrument, of such provisions for
the construction, use, operation and maintenance and the payment of operating and other
costs of a project as the authority may deem necessary or desirable, and in connection
with the making of such loans, the authority may purchase, acquire and take assignments
and the notes and bonds of municipal or regional authorities and persons and receive
other forms of security and evidences of indebtedness, and in furtherance of the purposes
of this chapter and to assure the payment of the principal and interest of such loans, and
in order to assure the payment of the principal and interest on bonds or notes of the
authority issued to provide funding for such loans, may attach, seize, purchase, acquire,
accept or take title to any project by conveyance, and may sell, lease or rent any such
project for a use specified in this chapter;
(6) The directors of the authority may by resolution, in accordance with the provisions and stipulations of this chapter and the authority's general and other bond resolutions, authorize both the segregation of such authority revenues as may at any time be
adjudged by said directors to be surplus to the needs of the authority to meet its contractual and other obligations and to provide for its operations or other business purposes,
and the equitable redistribution of such segregated surplus revenues to some or all of
the users of the system in accordance with applicable provisions of the state solid waste
management plan;
(7) (A) In connection with, or incidental to, the issuance or carrying of bonds, or
acquisition or carrying of any investment or program of investment, the authority may
enter into any contract which the authority determines to be necessary or appropriate
to place the obligation or investment of the authority, as represented by the bonds,
investment or program of investment and the contract or contracts, in whole or in part,
on the interest rate, currency, cash flow, or other basis desired by the authority, including,
without limitations, contracts commonly known as interest rate swap agreements, currency swap agreements, forward payment conversion agreements, futures, or contracts
providing for payments based on levels of, or changes in, interest rates, currency exchange rates, stock or other indices, or contracts to exchange cash flows or a series of
payments, or contracts, including, without limitation, interest rate floors or caps, options,
puts or calls to hedge payment, currency, rate, spread, or similar exposure or, contracts
for the purchase of option rights with respect to the mandatory or optional tender for
purchase or redemption of bonds, notes or other obligations of the authority, which
are subject to mandatory or optional tender or redemption, including the issuance of
certificates evidencing the right of the owner to exercise such option rights. These contracts or arrangements may also be entered into by the authority in connection with, or
incidental to, entering into or maintaining any agreement which secures its bonds, notes
or other obligations, subject to the terms and conditions thereof respecting outstanding
obligations.
(B) Bonds issued by the authority may be payable in accordance with their terms,
in whole or in part, in currency other than lawful money of the United States of America,
provided the authority enter into a currency swap or similar agreement for payments in
lawful money of the United States of America, which covers the entire amount of the
debt service payment obligation of the authority with respect to the bonds payable in
other currency, and provided further, that if the term of that agreement is less than the
term of the bonds, the authority shall include a best efforts covenant to enter into additional agreements as may be necessary to cover the entire amount of the debt service
payment obligation.
(C) In connection with, or incidental to, the issuance or carrying of bonds, notes
or other obligations or entering into any of the contracts or agreement referred to in
subparagraph (A) of this subdivision, the authority may enter into credit enhancement
or liquidity agreements, with payment, interest rate, currency, security, default, remedy
and other terms and conditions as the authority determines;
(8) Enter into any contractual arrangement with any person to obtain rights from
or in an invention or product, or the proceeds therefrom, or rights to any and all forms of
equity instruments, including, but not limited to, common and preferred stock, warrants,
options, convertible debentures, limited and general partnership interests and similar
types of instruments, in connection with the development or operation of any system,
facility or technology based on or related to resources recovery, recycling, reuse, treatment, processing or disposal of solid waste provided any net revenue to the authority
from activities, contracts, products or processes undertaken pursuant to this subdivision
shall be distributed so as to reduce the costs of other authority services to the users
thereof on a pro rata basis proportionate to costs paid by such users. Notwithstanding the
provisions of this subdivision, the authority shall not perform residential or commercial
waste collection services in the state other than services permitted under the provisions
of this chapter rendered at any landfill, waste disposal, waste transfer or waste processing
facility provided the authority may otherwise assist in the exercise of the powers conferred by chapter 103b.
(P.A. 73-459, S. 11, 26; P.A. 93-372, S. 1, 4; P.A. 98-184, S. 3, 4.)
History: Sec. 19-524z transferred to Sec. 22a-267 in 1983; P.A. 93-372 added Subdiv. (7) authorizing the authority to
enter into contracts to obtain more favorable interest rates on bonds, effective June 30, 1993; P.A. 98-184 added new
Subdiv. (8) re power to enter into contractual arrangements re inventions or products or development or operation of
systems, facilities or technologies based on or related to resources recovery, recycling, reuse, treatment, processing or
disposal of solid waste, effective June 4, 1998.
Cited. 193 C. 506, 514.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 73-459, S. 12, 26; P.A. 90-230, S. 90, 101; P.A. 97-102, S. 3.)
History: Sec. 19-524aa transferred to Sec. 22a-268 in 1983; P.A. 90-230 made technical change at end of section by
substituting "judge" for "justice"; P.A. 97-102 deleted a requirement that contracts of the authority be filed with the State
Treasurer.
Cited. 193 C. 506, 514.
Cited. 19 CA 489, 491.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 88-266, S. 38, 46.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Issuance by the authority of one or more series of bonds or notes for one or more
purposes shall not preclude it from issuing other bonds or notes in connection with the
same project or any other projects, but the proceeding wherein any subsequent bonds
or notes may be issued shall recognize and protect any prior pledge made for any prior
issue of bonds or notes unless in the resolution authorizing such prior issue the right is
reserved to issue subsequent bonds on a parity with such prior issue.
(c) Subject to the approval of the Treasurer of the state, any bonds or notes of the
authority may be sold at such price or prices, at public or private sale, in such manner
and from time to time as may be determined by the authority, and the authority may
pay all costs, expenses, premiums and commissions which it may deem necessary or
advantageous in connection with the issuance and sale thereof; and any moneys of the
authority, including proceeds from the sale of any bonds and notes, and revenues, receipts and income from any of its projects, may be invested and reinvested in such
obligations, securities and other investments or deposited or redeposited in such bank
or banks as shall be provided in the resolution or resolutions of the authority authorizing
the issuance of the bonds and notes.
(d) The authority is authorized to provide for the issuance of its bonds for the purpose
of refunding any bonds of the authority then outstanding, including the payment of any
redemption premium thereon and any interest accrued or to accrue to the earliest or
subsequent date of redemption, purchase or maturity of such bonds, and, if deemed
advisable by the authority, for the additional purpose of paying all or any part of the
cost of constructing and acquiring additions, improvements, extension or enlargements
of a project or any portion thereof. The proceeds of any such bonds issued for the purpose
of refunding outstanding bonds may, in the discretion of the authority, be applied to the
purchase or retirement at maturity or redemption of such outstanding bonds either on
their earliest or any subsequent redemption date, and may, pending such application,
be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the authority.
(e) Whether or not the bonds or notes are of such form and character as to be negotiable instruments under article 8 of title 42a, the bonds or notes shall be and are hereby
made negotiable instruments within the meaning of and for all the purposes of article
8 of said title 42a, subject only to the provisions of the bonds or notes for registration.
(f) The principal of and interest on bonds issued by the authority may be secured
by a pledge of any revenues and receipts of the authority derived from any project
and may be additionally secured by the assignment of a lease of any project for the
construction and acquisition of which said bonds are issued and by an assignment of
the revenues and receipts derived by the authority from any such lease. The payment
of principal and interest on such bonds may be additionally secured by a pledge of any
other property, revenues, moneys or funds available to the authority for such purpose.
The resolution authorizing the issuance of any such bonds or notes and any such lease
may contain agreements and provisions respecting the establishment of reserves to secure such bonds or notes, the maintenance and insurance of the projects covered thereby,
the fixing and collection of rents for any portion thereof leased by the authority to others,
the creation and maintenance of special funds from such revenues and the rights and
remedies available in the event of default, the vesting in a trustee or trustees of such
property, rights, powers and duties in trust as the authority may determine, which may
include any or all of the rights, powers and duties of any trustee appointed by the holders
of any bonds and notes and limiting or abrogating the right of the holders of any bonds
and notes of the authority to appoint a trustee under this chapter or limiting the rights,
powers and duties of such trustee; provision for a trust agreement by and between the
authority and a corporate trust which may be any trust company or bank having the
powers of a trust company within or without the state, which agreement may provide
for the pledging or assigning of any assets or income from assets to which or in which
the authority has any rights or interest, and may further provide for such other rights
and remedies exercisable by the trustee as may be proper for the protection of the holders
of any bonds or notes and not otherwise in violation of law, and such agreement may
provide for the restriction of the rights of any individual holder of bonds or notes of the
authority and may contain any further provisions which are reasonable to delineate
further the respective rights, duties, safeguards, responsibilities and liabilities of the
authority, persons and collective holders of bonds or notes of the authority and the
trustee; and covenants to do or refrain from doing such acts and things as may be necessary or convenient or desirable in order to better secure any bonds or notes of the authority, or which, in the discretion of the authority, will tend to make any bonds or notes to
be issued more marketable notwithstanding that such covenants, acts or things may not
be enumerated herein; and any other matters of like or different character, which in any
way affect the security or protection of the bonds or notes, all as the authority shall deem
advisable and not in conflict with the provisions hereof. Each pledge, agreement, or
assignment of lease made for the benefit or security of any of the bonds or notes of the
authority shall be in effect until the principal of and interest on the bonds or notes for
the benefit of which the same were made have been fully paid, or until provision has
been made for the payment in the manner provided in the resolution or resolutions
authorizing their issuance. Any pledge made in respect of such bonds or notes shall be
valid and binding from the time when the pledge is made; moneys or rents so pledged
and thereafter received by the authority shall immediately be subject to the lien of such
pledge without any physical delivery thereof or further act; and the lien of any such
pledge shall be valid and binding as against all parties having claims of any kind in tort,
contract or otherwise against the authority, irrespective of whether such parties have
notice thereof. Neither the resolution, trust indenture nor any other instrument by which
a pledge is created need be recorded. The resolution authorizing the issuance of such
bonds or notes may provide for the enforcement of any such pledge or security in any
lawful manner.
(g) The authority may provide in any resolution authorizing the issuance of bonds
or notes that any project or part thereof or any addition, improvement, extension or
enlargement thereof, may be constructed by the authority or any designee of the authority, and may also provide in such proceedings for the time and manner of and requisites
for disbursements to be made for the cost of such construction and disbursements as the
authority shall deem necessary or appropriate.
(P.A. 73-459, S. 13, 26; P.A. 74-338, S. 71, 94.)
History: P.A. 74-338 made technical correction, substituting "evidenced" for "evidence" in Subsec. (a); Sec. 19-524bb
transferred to Sec. 22a-269 in 1983.
Cited. 193 C. 506, 514.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 73-459, S. 14, 26; P.A. 76-170, S. 2, 4.)
History: P.A. 76-170 clarified proviso re payments in lieu of taxes and referred to amounts in lieu of taxes "permitted"
rather than "required" by section; Sec. 19-524cc transferred to Sec. 22a-270 in 1983.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 82-410, S. 3, 4.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 73-459, S. 15, 26.)
History: Sec. 19-524dd transferred to Sec. 22a-271 in 1983.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The authority may create and establish one or more reserve funds to be known
as special capital reserve funds and may pay into such special capital reserve funds (1)
any moneys appropriated and made available by the state for the purposes of such funds,
(2) any proceeds of sale of notes or bonds, to the extent provided in the resolution of
the authority authorizing the issuance thereof, and (3) any other moneys which may be
made available to the authority for the purpose of such funds from any other source or
sources. The moneys held in or credited to any special capital reserve fund established
under this section, except as hereinafter provided, shall be used solely for the payment
of the principal of bonds of the authority secured by such capital reserve fund as the
same become due, the purchase of such bonds of the authority, the payment of interest
on such bonds of the authority or the payment of any redemption premium required to
be paid when such bonds are redeemed prior to maturity; provided, the authority shall
have power to provide that moneys in any such fund shall not be withdrawn therefrom
at any time in such amount as would reduce the amount of such funds to less than the
maximum amount of principal and interest becoming due by reason of maturity or a
required sinking fund installment in any succeeding calendar year on the bonds of the
authority then outstanding and secured by such special capital reserve fund, such amount
being herein referred to as the "required minimum capital reserve", except for the purpose of paying such principal of, redemption premium and interest on such bonds of
the authority secured by such special capital reserve becoming due and for the payment
of which other moneys of the authority are not available. The authority may provide
that it shall not issue bonds at any time if the required minimum capital reserve on the
bonds outstanding and the bonds then to be issued and secured by a special capital
reserve fund will exceed the amount of such special capital reserve fund at the time of
issuance, unless the authority, at the time of the issuance of such bonds, shall deposit
in such special capital reserve fund from the proceeds of the bonds so to be issued, or
otherwise, an amount which, together with the amount then in such special capital reserve fund, will be not less than the required minimum capital reserve. On or before
December first, annually, there is deemed to be appropriated from the state General
Fund such sums, if any, as shall be certified by the chairman of the authority to the
Secretary of the Office of Policy and Management and the Treasurer of the state, as
necessary to restore each such special capital reserve fund to the amount equal to the
required minimum capital reserve of such fund, and such amounts shall be allotted and
paid to the authority. For the purpose of evaluation of any such special capital reserve
fund, obligations acquired as an investment for any such fund shall be valued at amortized cost. Nothing contained in this section shall preclude the authority from establishing and creating other debt service reserve funds in connection with the issuance of
bonds or notes of the authority. Subject to any agreement or agreements with holders
of outstanding notes and bonds of the authority, any amount or amounts allotted and
paid to the authority pursuant to this section shall be repaid to the state from moneys of
the authority at such time as such moneys are not required for any other of its corporate
purposes and in any event shall be repaid to the state on the date one year after all bonds
and notes of the authority theretofore issued on the date or dates such amount or amounts
are allotted and paid to the authority or thereafter issued, together with interest on such
bonds and notes, with interest on any unpaid installments of interest and all costs and
expenses in connection with any action or proceeding by or on behalf of the holders
thereof, are fully met and discharged. Notwithstanding any other provisions contained
in this chapter, the aggregate amount of bonds outstanding at any time, secured by such
special capital reserve funds authorized to be created and established by this section
shall not exceed seven hundred twenty-five million dollars and no such bonds shall be
issued to pay project costs unless the authority is of the opinion and determines that the
revenues to be derived from the project shall be sufficient (1) to pay the principal of
and interest on the bonds issued to finance the project, (2) to establish, increase and
maintain any reserves deemed by the authority to be advisable to secure the payment
of the principal of and interest on such bonds, (3) to pay the cost of maintaining the
project in good repair and keeping it properly insured and (4) to pay such other costs
of the project as may be required.
(c) Subject to any agreement or agreements with holders of outstanding bonds, notes
or other obligations, the authority may apply moneys in any special capital reserve fund
or any other fund of the authority to purchase a financial guaranty or financial guaranties
secured or unsecured as the authority may determine. For purposes of this section, financial guaranty means any letter of credit, surety bonds, insurance policy, guaranty or
similar instrument issued by a bond or insurance company or other financial institution
which provides for moneys to be available for the purposes to which and at the times
by which moneys in each such fund may be required.
(d) The authority may secure instruments or contracts authorized under subdivision
(7) of section 22a-267 in any manner in which the authority may secure its bonds, notes
or other obligations under section 22a-269, subject to any agreement or agreements with
holders of outstanding bonds, notes or other obligations of the authority.
(P.A. 73-459, S. 16, 26; P.A. 77-614, S. 19, 610; P.A. 81-313; P.A. 85-260, S. 1, 2; P.A. 89-366, S. 1, 3; P.A. 93-372,
S. 2, 4; May 25 Sp. Sess. P.A. 94-1, S. 24, 130.)
History: P.A. 77-614 replaced commissioner of finance and control with secretary of the office of policy and management; P.A. 81-313 raised bond limit in Subsec. (b) from two hundred fifty million to four hundred million dollars; Sec.
19-524ee transferred to Sec. 22a-272 in 1983; P.A. 85-260 raised the bond limit from four hundred million to six hundred
fifty million dollars; P.A. 89-366 raised the bond limit from six hundred fifty million dollars to seven hundred twenty-five
million dollars; P.A. 93-372 added Subsecs. (c) and (d) authorizing the authority to apply moneys in any special capital
reserve fund or any other fund of the authority to purchase a financial guaranty or guarantees, effective June 30, 1993;
May 25 Sp. Sess. P.A. 94-1 amended Subsec. (d) by making technical change, effective July 1, 1994.
Subsec. (a):
Cited. 193 C. 506, 514.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 89-366, S. 2, 3.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 73-459, S. 17, 26.)
History: Sec. 19-524ff transferred to Sec. 22a-273 in 1983.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 73-459, S. 18, 26.)
History: Sec. 19-524gg transferred to Sec. 22a-274 in 1983.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Any municipal or regional authority having a solid waste management plan that
is required, pursuant to the provisions of chapter 446b, to be in conformity with the state
solid waste management plan, and which municipal or regional plan provides that the
disposition of the solid wastes of said municipality or region shall be accomplished
through the use of state or regional facilities providing adequate resources recovery and
large-scale waste disposal processing, is hereby authorized to enter into a long-term
contract for such services with the authority, to pay any reasonable fees and charges
established by the authority for such services, and, further, to pledge the full faith and
credit of the municipal or regional authority for the payment of such fees and charges.
(c) Prior to negotiating any such contract with a municipal or regional authority, the
authority shall adopt procedures governing such contract negotiations and contracting
processes in accordance with subsection (d) of this section. Such procedures shall include but not be limited to (1) specific procedures for resolving impasses, disputes
or other controversies that may arise during contract negotiations and (2) such other
information, standards, analyses and procedures as will facilitate the negotiation and
establishment of equitable contracts.
(d) Prior to the adoption, amendment or repeal of any procedure prescribed in subsection (c) of this section, or of any procedure that would adversely affect the operations
or affairs of any municipality or municipal or regional authority, the authority shall
provide notice of and opportunity for a hearing on such intended action in accordance
with subsection (e) of this section. Any municipality or municipal or regional authority
may petition the authority with respect to the promulgation, amendment or repeal of
such procedure, in accordance with a form and procedure prescribed by the authority
for the submission, consideration and disposition of such petition, including adequate
provision for notice and hearing. Within thirty days after the submission of such a petition the directors of the authority shall either deny said petition in writing, stating the
reasons for such denial, or shall order the initiation of proceedings in accordance with
subsection (e) of this section.
(e) In adopting, amending or repealing any procedure referred to in this section, the
directors of the authority shall, at least sixty days prior to the effective date of such
action, pass a resolution expressing their intent to adopt, amend or repeal such procedure,
and shall within ten days cause a copy of such resolution to be printed in one daily and
one weekly newspaper published within the state and the Connecticut Law Journal.
Thereupon, any interested party so desiring may, within thirty days, petition the directors
with respect to such action and offer evidence in support of such petition before a referee
appointed by the chairman. Said referee shall not be an employee of the authority, and
shall report his findings with respect to such petition and evidence to the directors at
least ten days prior to the date established by the directors as the effective date of their
action. Due consideration shall be given to such findings by the directors in determining
their final action with respect to such procedural adoption, amendment or repeal.
(f) Any municipal or regional authority is also authorized hereby to borrow from the
authority such sums of money as may be necessary to establish a solid waste management
project or projects, or a disposal facility, volume reduction plant or disposal area whenever such municipal or regional authority, in accordance with its approved local plan
conforming to the state solid waste management plan, is not required to utilize the
services of a state or regional waste management project for the disposal of its wastes.
Any such loan may be made on the basis of a long-term loan agreement or service
contract between such municipal or regional authority and the solid waste authority,
and as collateral for such loan a municipal or regional authority may pledge its full
faith and credit, or an applicable portion of the charges levied or revenues received for
municipal or regional waste disposal, or both. Any municipal or regional authority is
also hereby authorized to contract with the authority for planning, design, financing,
construction and operation and maintenance services by the authority or by any person
under contract with the authority, of a waste management project, facility or disposal
area to be used to provide for the disposal of wastes and the recovery of resources within
said municipality or region and to contract for any payment in lieu of taxes to be made
with respect to such project, facility or disposal area in accordance with the intentions
and provisions of this chapter and the state solid waste management plan. All required
payments of fees and charges, interest on loans, principal of loans and necessary fees
and assessments related thereto required under any contract or agreement entered into
pursuant to the provisions of this section, are considered expenditures for public purposes by a municipal or regional authority and, notwithstanding the provisions of any
other law, any necessary general or special taxes or cost-sharing or other assessments
may be levied or collected by said municipal or regional authority for the purpose of
making such required payments.
(g) Whenever the authority, by resolution of its board of directors, distributes surplus revenues of the authority to any municipal or regional authority or person who by
virtue of the provisions of the state solid waste management plan or any contract or
agreement with the authority may be entitled to participate in such distribution, such
municipal or regional authority or person is entitled to receive and to have and to hold
the proceeds of such distribution and to use the same for any lawful purpose, including
but not limited to the reduction of local taxes or assessments levied or to be levied for
the purpose of raising revenues to pay authority fees or service charges.
(h) The authority, when performing services on behalf of or providing a waste management project for any municipal or regional authority pursuant to this section, shall
be considered eligible to receive on behalf of such municipal or regional authority any
state grants for which said municipal or regional authority may be ordinarily eligible
under chapter 446d, or any other law, rule or regulation of the state. The proceeds of
any such grant shall be applied by the authority to reduce the costs of the services or
project being provided.
(i) When performing work at the direction of the Department of Environmental
Protection, in furtherance of the objectives of the state solid waste management plan
and pursuant thereto, the authority shall be entitled to receive any state grants or other
assistance to which a municipal or regional authority would be entitled had the work
been performed by such municipal or regional authority.
(j) Notwithstanding the provisions of any local law, ordinance or regulation, the
authority, in carrying out its purposes according to this chapter and in fulfilling the
requirements of the state plan, shall have power to transport or to provide for the transportation of solid wastes and recovered resources anywhere within the state.
(k) Nothing in this chapter shall be deemed or interpreted to preclude or prohibit
state financial assistance to municipal and regional authorities according to the provisions of chapter 446d, or of any other law, rule or regulation of the state relating to solid
waste management planning, solid waste reduction and disposal operations, approved
solid waste disposal facilities and equipment, per capita grants and the distribution of
federal funds for the acquisition and development of lands by municipalities. Such assistance shall be provided to any municipal or regional authority having a solid waste management plan which has been adopted and approved pursuant to chapter 446d, and is
in conformity with the state solid waste management plan, until such time as such municipal or regional authority contracts with the authority for and receives resource recovery
or solid waste processing services.
(P.A. 73-459, S. 19, 26; P.A. 74-330, S. 2, 4; P.A. 76-170, S. 3, 4; P.A. 82-327, S. 8.)
History: P.A. 74-330 deleted requirement that procedures include estimates of solid waste management costs for every
municipality for year July 1, 1972, to June 30, 1973, and provision for updating cost estimates and amending contract
negotiation procedures; P.A. 76-170 gave authorities power to contract for payments in lieu of taxes in Subsec. (f); P.A.
82-327 removed reference to repealed Secs. 7-161 and 7-162 in Subsec. (j); Sec. 19-524hh transferred to Sec. 22a-275
in 1983.
Cited. 218 C. 821, 822.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Before instituting condemnation proceedings in any municipality the authority
shall first advise and consult with the municipal authority having jurisdiction.
(c) Unless the property to be condemned is located in an area zoned industrial, or
in an area at or contiguous to an existing solid waste facility or waste disposal area, the
authority shall, before proceeding with condemnation, first receive the written consent
of the municipal authority having jurisdiction.
(d) The authority shall not have the power to establish in any municipality, by condemnation proceedings or otherwise, a solid waste disposal area to be used for the deposit
of solid wastes that have not received prior processing in a resources recovery facility
until and unless it has first obtained the written consent of the municipal authority concerned.
(e) Any condemnation proceedings of the authority shall be brought in accordance
with section 48-12, except such proceedings shall in all cases be brought before the
superior court for the judicial district of Hartford.
(f) Where a person entitled to an award in proceedings to condemn any real property
for any of the purposes of this chapter remains in possession of said property after title
is vested in the condemnor, the reasonable value of his use and occupancy of such
property after title has been vested, or after any other time as fixed by agreement or by
a determination of the court, shall be a lien against such award subject only to such other
liens of record at the time title is vested in the condemnor.
(P.A. 73-459, S. 20, 26; P.A. 78-280, S. 6, 127; P.A. 88-230, S. 1, 12; 88-364, S. 39, 123; P.A. 90-98, S. 1, 2; P.A. 93-
142, S. 4, 7, 8; P.A. 95-220, S. 4−6.)
History: P.A. 78-280 replaced Hartford county with judicial district of Hartford-New Britain; Sec. 19-524ii transferred
to Sec. 22a-276 in 1983; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford",
effective September 1, 1991; P.A. 88-364 made technical change in Subsec. (e); P.A. 90-98 changed the effective date of
P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from
September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230
from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Cited. 193 C. 506, 509, 511, 516, 521.
Cited. 17 CA 17, 31; judgment reversed, see 212 C. 570 et seq.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) It shall be the responsibility of the directors to delegate only those powers of
the authority that may be generally appropriate for the exercise of executive and administrative functions and to reserve to themselves such powers and decisions as may be more
properly exercised through the regular deliberative and decision-making processes of
the directors.
(c) The president may, with the approval of the directors, assign or redelegate to
officers and employees of the authority, any of his delegated powers that in his opinion
may be necessary, desirable or appropriate for the prompt and orderly transaction of the
business of the authority.
(P.A. 73-459, S. 21, 26.)
History: Sec. 19-524jj transferred to Sec. 22a-277 in 1983.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 73-459, S. 22, 26.)
History: Sec. 19-524kk transferred to Sec. 22a-278 in 1983.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 73-459, S. 23, 26; P.A. 74-330, S. 3, 4; P.A. 83-487, S. 29, 33; 83-587, S. 75, 96; P.A. 84-546, S. 74, 183; P.A.
93-423, S. 7.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 73-459, S. 24, 26.)
History: Sec. 19-524mm transferred to Sec. 22a-280 in 1983.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 73-459, S. 25, 26.)
History: Sec. 19-524nn transferred to Sec. 22a-281 in 1983.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 84-331, S. 2, 4; P.A. 85-143, S. 1, 3; P.A. 86-403, S. 55, 132.)
History: P.A. 85-143 added provision that the authority shall not be subject to regulation by any local body; P.A. 86-
403 made technical changes.
See Sec. 22a-220b re payments to municipalities by owner or operator of solid waste land disposal facility.
Cited. 193 C. 506−508, 511−513, 515, 517−519, 520, 523. P.A. 84-331, S. 2 cited. 209 C. 830; 212 C. 570, 575−581,
586. Cited. Id. Cited. 234 C. 221, 234.
P.A. 84-331, S. 2 cited. 17 CA 17, 30−32, 46; judgment reversed, see 212 C. 570 et seq.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 85-261, S. 1; P.A. 86-403, S. 56, 132.)
History: P.A. 86-403 added reference to Sec. 22a-208a.
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 85-261, S. 2.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(1) "Ash" means bottom ash, air pollution control residue and other residuals of the
combustion process from an incinerator utilized for the combustion of municipal solid
waste;
(2) "Council" means the membership of the Connecticut Siting Council established
under section 16-50j for proceedings under sections 22a-285d to 22a-285h, inclusive.
(P.A. 89-384, S. 1, 15; May 25 Sp. Sess. P.A. 94-1, S. 87, 130.)
History: May Sp. Sess. P.A. 94-1 made a technical change for accuracy, effective July 1, 1994.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The Commissioner of Agriculture shall review each proposal for an ash residue
disposal area. If the commissioner finds that the proposal would convert twenty-five or
more acres of prime farmland to a nonagricultural use, he shall file a statement with the
council so indicating. Any negotiated agreement approved or arbitration award issued
pursuant to section 22a-285g by the council for a site for which a statement has been
filed under this section shall require the affirmative vote of seventy-five per cent of the
members of the council.
(c) If the authority intends to establish a site under subsection (a) of this section, it
shall (1) notify the Commissioner of Environmental Protection of the sites to be evaluated and (2) initiate surveys, inspections or geological investigations at such sites to
determine their suitability and capacity for ash residue disposal. Such surveys, inspections and investigations may include, but not be limited to, borings and environmental
monitoring, tests, samples or other activities related thereto. The authority shall exercise
care in any entry so that no unnecessary damage results.
(d) Upon reasonable notice to any affected property owner, the authority may enter
upon private property to conduct surveys, inspections or geological investigations to
determine the suitability and capacity of a proposed site for an ash residue disposal area.
The provisions of this section shall not be construed to limit or modify any rights of
entry upon property otherwise provided by law to the authority.
(e) The authority shall pay damages to the owner of any property for any damage
or injury which the authority causes to such owner by entrance and use pursuant to this
section. If entry to any property is refused, the authority shall assess the damages in the
same manner as provided for the Commissioner of Transportation in section 13a-73,
and, at any time after such assessment, may enter such property. If the owner accepts
such assessment, he shall notify the president of the authority in writing. The authority
shall pay the damages within thirty days of receipt of notice of acceptance, or, after the
expiration of the thirty days, shall pay the damages with interest at the rate of six per
cent per year. If the owner is aggrieved by the assessment, he shall notify the authority
in writing within fourteen days and may appeal to the superior court for the judicial
district of Hartford for a reassessment within six months of the date the authority forwarded the determination to the owner.
(f) Notwithstanding the provisions of section 22a-276, the Connecticut Resources
Recovery Authority may condemn real property in accordance with the procedures set
forth in section 48-12 for establishment of an ash residue disposal area pursuant to this
section, except that any proceedings shall be brought before the superior court for the
judicial district of Hartford.
(g) If a municipal zoning commission or combined planning and zoning commission designates an area as suitable for an ash residue disposal site on or before October
1, 1989, the commissioner may make a determination that fewer than the sites authorized
under subsection (a) of this section are necessary to meet the ash disposal needs of the
state. The authority shall accordingly reduce the number of sites for which it seeks
approval. The commissioner shall revise his determination on the need for the authorized
sites if an application for an ash residue disposal area at the site designated by the
municipality is not filed with the commissioner on or before July 1, 1990, or the commissioner determines that the development of the site designated by the municipality is not
being pursued in good faith.
(P.A. 88-230, S. 1, 12; 89-384, S. 2, 15; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4−6.)
History: P.A. 88-230 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New
Britain" in public and special acts of the 1989 session, effective September 1, 1991; P.A. 90-98 changed the effective date
of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230
from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A.
88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995 (Revisor's note: A reference in Subsec. (f)
of P.A. 89-384 to the "judicial district for Hartford-New Britain" was changed editorially by the Revisors to "judicial
district of Hartford-New Britain" for consistency with customary statutory usage).
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Not more than one year after an application is filed with the commissioner under
section 22a-208a for an ash residue disposal area authorized under section 22a-285a,
the commissioner shall issue such permit or a written decision denying such permit. If
the council has not approved an agreement or issued an arbitration award under the
provisions of section 22a-285g, such period may be extended for thirty days after the
arbitration award.
(c) Subject to any covenants existing on January 1, 1989, concerning any debt of
the authority issued to finance a landfill, each ash residue disposal area established under
this section shall be authorized to accept for disposal ash residue from any resources
recovery facility in the state that is temporarily without an ash residue disposal area
because of an order issued by the commissioner under section 22a-208.
(P.A. 89-384, S. 3, 15; June Sp. Sess. P.A. 98-1, S. 51, 121.)
History: June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (b), effective June 24, 1998.
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) In addition to information required for a permit pursuant to section 22a-208a to
construct an ash residue disposal area, the Connecticut Resources Recovery Authority
shall submit the following for approval to the commissioner: (1) A management plan
to preserve the site and allow for public use to the maximum extent possible before,
during and after disposal of ash residue. Such plan shall include, but not be limited to,
provisions for (A) preserving all portions of the site which are not needed immediately
for ash residue disposal or site preparation, (B) public use of the site at times and in a
manner consistent with the use of the site for ash residue disposal, and (C) establishment
of buffer areas, including, but not limited to, buffers between areas of the site used for
ash residue disposal and residential dwellings and any surface waters. The plan shall
provide for site management that will not inhibit postclosure monitoring and maintenance and (2) a plan providing for the transportation of ash residue to the site by rail or
by state highway, dedicated limited access roads or local roads. Transportation by rail
or on state highway or other limited access roads shall be preferred to transportation on
local roads.
(P.A. 89-384, S. 5, 15.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 89-384, S. 6, 15.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) Upon filing of an application with the council, the authority shall deposit with
the council the sum of fifty thousand dollars for costs incurred for legal and technical
assistance for the committee's review of the proposed ash residue disposal area. No
committee shall receive an amount greater than its actual expenses.
(P.A. 89-384, S. 7, 15.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(P.A. 89-384, S. 8, 15.)
(Return to TOC) (Return to Chapters) (Return to Titles)
(b) The applicant and the municipal negotiating committee may negotiate on any
item, provided the provisions of this section shall not be construed to authorize the
negotiation of items that would be inconsistent with or render less stringent any requirements imposed by the commissioner. The negotiation of an agreement pursuant to this
section shall include, but not be limited to, discussion of the following: (1) Compensation
to any person for substantial economic effects that directly result from the ash residue
disposal area, as shown by a property value study conducted before and after construction of the ash residue disposal area; (2) reimbursement of reasonable costs incurred by
the committee for negotiation, mediation and arbitration in an amount greater than the
amount of the funds deposited pursuant to section 22a-285e; (3) screening and fencing
related to the appearance of the ash residue disposal area but not affecting its design
capacity; (4) operation of the ash residue disposal area, including, but not limited to,
noise, dust, debris, odors and hours, but excluding design capacity; (5) traffic flows and
patterns resulting from the facility; (6) site closure costs and site use after closure; (7)
payments to the municipality for road repair necessitated by traffic generated by the ash
residue disposal area; (8) establishment of a greenbelt buffer around the site for safety
and aesthetics, taking into account the site's proximity to residential areas; (9) purchase
of fire fighting equipment necessary at the site; (10) payments to the municipality for
actual police or fire costs; (11) funding of a municipal site monitoring program and (12)
a compensation plan for the municipality in which the ash residue disposal area is located. In no event shall total compensation for the negotiated items in subdivisions (1)
to (12), inclusive, of this section to the municipality in which such disposal area is
located be less than the equivalent of five dollars for each ton of ash to be deposited in
an ash residue disposal area. Any negotiated agreement approved or arbitration award
issued under this section shall contain provisions for resolving disputes in compliance
with the terms of such agreement or award.
(c) Either party may petition the council in writing to determine if a proposal may
be negotiated, provided such petition is submitted not more than ten days after the proposal is offered. The council shall conduct a public hearing on the proposal and issue
a decision within fourteen days of the close of the hearing. The Commissioner of Environmental Protection shall comment on the proposal. Pending the council's decision,
negotiation may continue on any proposal, including the proposal that is the subject of
the petition.
(d) Negotiating sessions may be conducted with the assistance of a mediator if
mediation is approved by the applicant and the committee. The applicant or committee
may request a mediator at any time during the negotiation. A mediator shall encourage
voluntary settlement by the applicant and committee but shall not compel a settlement.
The applicant and the committee shall each pay one-half of the cost of mediation. The
council shall appoint a mediator if the applicant and the committee do not agree on the
selection of a mediator. The cost of the mediator to be paid by the committee shall be
divided equally among the municipalities with membership on the committee.
(e) Failure of the applicant or committee to participate in negotiating sessions constitutes default. Failure to participate shall not be construed to be default if such failure
is for good cause or because further negotiations cannot reasonably be expected to result
in a settlement. Either party may petition the council for a determination as to whether
a situation constitutes default. The council shall conduct a hearing on the matter. If no
committee members have been appointed by the time prescribed in section 22a-285f,
the committee shall be deemed to have defaulted. If the committee defaults, (1) the
authority may continue to seek any required permits and shall not be required to continue
to negotiate or arbitrate; (2) the site shall not be required to comply with any planning
or zoning provision adopted by the municipality in which it is located under chapter
124 or 126 or any special act, and (3) the council may make provisions for the defaulting
municipality regarding items specified in subsection (b) of this section. If the applicant
defaults, the council shall not issue an arbitration award.
(f) Any item resolved shall be included in a written negotiated agreement and submitted to the council for a determination of compliance with state law. Any item determined to violate state law shall be renegotiated and submitted to the council within
thirty days of the determination. The Commissioner of Environmental Protection shall
comment on the agreement. The agreement shall be binding if approved by the applicant
and the legislative body of the host municipality.
(g) If agreement on any issue is not reached within one hundred eighty days of the
beginning of negotiations between the applicant and the committee under subsection
(a) of this section or an agreement approved by the council is not approved by the
applicant or the legislative body of the municipality in which the ash residue disposal
area is located, the applicant may submit the matter to the council for arbitration. The
items specified in subsection (b) of this section shall be subject to arbitration.
(h) Not more than sixty days after a request for arbitration is submitted to the council
by the applicant pursuant to subsection (g) of this section the parties shall submit their
final offers. A final offer of the committee shall be approved by the chief elected official
of each municipality in which the ash residue disposal area is located. Failure by either
party to submit a final offer shall constitute a default under subsection (e). A final offer
may include issues subject to arbitration and offered in negotiation but shall not include
items to which the parties have agreed. The applicant or the committee shall not submit
for arbitration any issue or proposal that was not presented during the negotiation process
unless both parties agree to the submittal. Not more than thirty days after the last day
for submitting final offers, the council shall conduct a hearing at which the parties shall
explain or present supporting arguments for their final offers. Negotiation may continue
during arbitration.
(i) Not more than sixty days after accepting final offers, the council shall, by majority vote, issue an arbitration award. The council shall adopt without modification the
final offer of either party. Nothing in this section shall preclude the parties from entering
into an agreement after final offers have been submitted and prior to the issuance of an
award.
(j) Not more than fifteen days after the date of an arbitration award made under this
section, either party may appeal the award to the superior court for the judicial district
of Hartford. The superior court may affirm or deny the award or enter an order modifying
the award. Any appeal shall have precedence over all other civil actions in respect to
the order of trial, except as provided in sections 52-191 to 52-192, inclusive.
(k) The filing fee for an application for proceedings under this section shall be the
same as the filing fee for an application for a certificate for environmental capability
and public need under section 16-50l.
(l) No sooner than five years after the ash residue disposal area begins operation,
any of the items specified in subsection (a) of this section may be renegotiated if either
the applicant or an affected municipality petitions the council for renegotiation and
demonstrates to the satisfaction of the council substantial change in circumstances sufficient to justify such renegotiation. The council shall render a decision on such petition
within one hundred eighty days of receipt or at a time stated in the initial agreement
between the applicant and the affected municipalities.
(m) Nothing in sections 16-50j, 22a-208b and 22a-285 to 22a-285k, inclusive, shall
be construed as limiting the authority of the Commissioner of Environmental Protection
to impose conditions or other requirements on the construction, operation, closure or
postclosure care of an ash residue disposal area, and the conditions and requirements of
the commissioner shall supersede any provision of a negotiated or arbitrated agreement
between an applicant and an affected municipality which is inconsistent with or less
stringent than any condition or requirement of the commissioner.
(P.A. 88-230, S. 1, 12; P.A. 89-384, S. 9, 15; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4−6.)
History: P.A. 88-230 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New
Britain" in public and special acts of the 1989 session, effective September 1, 1991; P.A. 90-98 changed the effective date
of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230
from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A.
88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.