Sec. 22a-118. Application for certificate. Information required. Amendment
or transfer of certificate. Issuance of other permits by Commissioner of Environmental Protection. Notice of application. (a) An application for a certificate shall be
filed with the council, accompanied by a fee established by regulation adopted by the
permanent members of the council, as provided in section 22a-116, containing such
information as the council may deem relevant, including but not limited to the following:
(1) A description, including estimated cost, of the proposed facility; and a description
of the types of wastes to be handled and disposal technology to be used and, if a land
disposal is proposed, an explanation of why no other disposal method is reasonably
available; (2) reasons for choosing the site and the proposed type of hazardous waste
facility selected and a comparison of alternative sites and technologies; (3) a schedule
of dates setting forth the proposed program of acquisition, construction, completion
and operation; (4) environmental site information obtained from the Department of
Environmental Protection review required by subsection (c) of this section including
(A) maps with narrative description of air quality and movement, ground and surface
water conditions, levels, movement and fluctuations, vegetation and wildlife populations and habitat, seismic characteristics and hydrogeologic evaluation of the site, setting
forth data and analysis as the council shall require, including but not limited to, a map
showing the proximity of the proposed site to facilities or properties owned or operated
by a water company as defined in section 25-32a, a map showing the land classification
of the proposed site under the classification established by section 25-37c, and a report
of the impact of the proposed facility on present and future public water supplies and
private wells and (B) design, capacity, operation and management information including
facility efficiencies of tanks and any other containers; surface impoundments, waste
piles, land treatment facilities, land fills, incinerators, thermal, physical, chemical, and
biological treatment units, and injection wells; (5) human population density information for the area of the proposed facility; (6) traffic information including road and
transportation access data and maps; (7) information on present and future development
of the town where the facility is proposed to be located and for the surrounding towns;
(8) a detailed description of provisions, including equipment and operation, for planning
for prevention of hazards, monitoring of ground water quality, mitigation of the effect
of the operation of the facility on public safety and the environment, and contingency
plans and emergency procedures for dealing with facility malfunctions; (9) a listing of
federal, state, regional and municipal agencies from which approvals have been received
and the planned schedule of obtaining those approvals not yet received; (10) incentives
offered and benefits accruing to the municipality in which the proposed facility is to be
located; (11) an assessment of the need for the facility and the amount and types of the
state's annual hazardous waste generation which the applicant proposes to dispose of,
treat, transfer, store or recover at the facility; (12) the energy and resource recovery
benefits, if any, which will be derived from the facility; (13) the plan for facility closure
and postclosure care and liability; (14) a detailed statement of the applicant's financial
capabilities as well as a statement of the applicant's qualifications and previous experience with hazardous waste disposal, including a listing of all hazardous waste disposal
projects or methods with which the applicant has had any connection or affiliation, either
as owner, contractor, supplier, or consultant; and (15) a list of all criminal and civil
charges and enforcement actions, or other proceedings related to hazardous or solid
waste or disposal of such waste in which the applicant or any corporate parent, subsidiary
or affiliate has been involved.
(b) An application for the amendment or transfer of a certificate shall be in such form
and contain such information as the permanent members of the council shall require.
(c) The council shall not accept any application for a certificate for a hazardous
waste facility until the applicant has applied to the Commissioner of Environmental
Protection for all licenses, permits or approvals which are within his jurisdiction and
the commissioner has closed the public hearing on the application for such licenses,
permits, or approvals. The commissioner shall make available to the council the record
of proceedings on the application for environmental licenses, permits or approvals. The
commissioner shall immediately notify the chief elected official of the town where the
facility is proposed to be located of receipt of an application for such licenses, permits
or approvals.
(d) Notwithstanding the provisions of section 4-180, the commissioner shall not
render a final decision approving any environmental licenses, permits or approvals necessary for a hazardous waste facility until the council issues a certificate of public safety
and necessity unless such decision is required by federal law. The commissioner shall
publish in the Connecticut Law Journal a notice of his intent to issue such licenses,
permits or approvals.
(e) Each application to the council shall be accompanied by proof of service of a
copy of such application on the chief elected official and the director of health of each
municipality in which the proposed facility is to be located, the fire marshal, the chairpersons of the conservation commission, inland wetlands agency, planning commission,
police commission and zoning commission of each municipality in which the proposed
facility is to be located, the chairperson of the regional planning agency for the region
in which the proposed facility is to be located, each water company, as defined in section
25-32a, which owns or operates land or facilities located in, or serves any customer who
resides in, the municipality in which the site is located or an area within a five mile
radius of the boundaries of the proposed site, each member of the legislature in whose
district the proposed facility is to be located, each owner of land adjacent to the proposed
facility and each state department, council and commission named in subsection (e)
of section 22a-119. Notice of the application shall be given to the general public by
publication, in ten-point boldface type, of a summary of such application and the date
on which it will be filed in a newspaper of general circulation in each municipality in
which the proposed facility is to be located.
(P.A. 80-472, S. 5, 14; P.A. 81-369, S. 6, 20; P.A. 83-235, S. 4, 6.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 amended Subsec. (a) by revising
the type of information required on an application to include additional environmental site information and information
on population, transportation, applicant qualification and experience, closure and postclosure plans, and a list of criminal
and civil charges and enforcement actions relating to hazardous waste disposal, amended Subsec. (c) to require the commissioner to make available to the council the record of proceedings for an application for environmental licenses, permits
and approvals for hazardous waste disposal and amended Subsec. (e) to require the applicant provide notice of application
to the fire marshal, water company for municipality where the proposed facility is to be located, agencies listed in Sec.
22a-117, and further required notice to the general public in ten-point boldface type; P.A. 83-235 amended Subsec. (c) to
authorize the council to accept an application for a hazardous waste facility after the commissioner of environmental
protection has closed the hearing on environmental permits for the facility, rather than after publication of intent to issue
approvals and amended Subsec. (d) to require the commissioner to publish a notice of intent to issue permits.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-119. Hearing on application. Appointment of ad hoc members. Notice. Comments by state agencies. (a) Upon receipt by the council of an application
for a certificate, or an application for the amendment or transfer of a certificate, which
meets the requirements of section 22a-118, the council shall immediately notify the
Governor and the chief elected official of the municipality or municipalities in which
the proposed facility is to be located. The ad hoc members of the council shall be appointed within thirty days after the filing of the application. If the chief elected official
does not appoint the members within thirty days, the council shall appoint them within
ten days thereafter. Within sixty days after receipt of the application, the council shall
hold a meeting at which a date and location for the commencement of a public hearing
on the application shall be established, which public hearing shall begin not more than
one hundred eighty days after receipt of such application. At least one session of such
hearing shall be held after six-thirty p.m. for the convenience of the general public. Such
hearing shall be held at a location selected by the council, in the municipality in which
the proposed facility is to be located. If the proposed facility is to be located in more
than one municipality, the council shall fix the location for a public hearing in whichever
municipality it determines is most appropriate, provided the council may hold hearings
in more than one municipality.
(b) The council shall give not less than thirty days notice of the commencement of
the hearing by mailing a notice of the date, time and location of the commencement of
the hearing to the applicant and each person entitled under subsection (e) of section 22a-118 to receive a copy of the application. The council shall also cause a notice of the
date and location of the commencement of the hearing to be published, in ten-point
boldface type, in a newspaper of general circulation in each municipality in which the
proposed facility is to be located at least twenty days prior to the commencement of the
hearing.
(c) Hearings shall be held before a majority of the members of the council.
(d) During any hearing held pursuant to this section, the council shall take notice
of facts in a manner provided by section 4-178.
(e) Prior to commencing any hearing pursuant to this section the council shall consult with and solicit written comments from the Departments of Environmental Protection, Public Health, Public Utility Control, Economic and Community Development,
Public Safety and Transportation, the Office of Policy and Management and the Council
on Environmental Quality. Copies of comments submitted by such agencies shall be
available to all parties prior to commencement of the public hearing. Agencies consulted
may file additional comments within thirty days of the conclusion of the hearing and
such additional comments shall be a part of the record.
(f) The council shall render its decision within twelve months of receipt of the
application except that such time limit may be extended one hundred eighty days by
agreement of the council and applicant. If the council fails to render a decision within
such period, the applicant may apply to the superior court for the judicial district of
Hartford for an order requiring the council to render a decision immediately. The provisions of this subsection shall apply to an application filed before, on or after April
18, 1988.
(P.A. 80-472, S. 6, 14; P.A. 81-369, S. 7, 20; P.A. 84-307, S. 1, 3; P.A. 88-121, S. 2, 3; 88-230, S. 1, 12; 88-364, S. 37,
82, 123; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-381, S. 9, 39; P.A. 95-220, S. 4-6; 95-250, S. 1; 95-257, S. 12, 21,
58; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 replaced board and environmental
protection commissioner with council, amended Subsec. (a) to establish time limits for procedures for the appointment of
ad hoc members including a time period within which members must be appointed and increased time limit for hearing
from one hundred twenty to one hundred eighty days after application, added Subsec. (e) requiring the council consult
with and solicit written comments from state agencies on the application and added Subsec. (f) requiring the council to
render its decision within one year of application, except upon mutual agreement of the council and applicant; P.A. 84-307 amended Subsec. (f) by decreasing the time allowed for the council's decision from one year to ten months; P.A. 88-121 amended Subsec. (f) increasing the council's time to render decisions on applications and specifying retroactive
applicability; 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 changes in Subsec. (f); 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. 93-381 replaced department of health services with department
of public health and addiction services, effective July 1, 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; 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; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner
and Department of Public Health, effective July 1, 1995.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-120. Parties to certification proceedings. Limited appearances.
Grouping of parties. Supervision of legal matters for council. (a) The parties to the
certification proceedings shall include: (1) The applicant; (2) each person entitled to
receive a copy of the application under subsection (e) of section 22a-118; and (3) such
other persons as the council may at any time deem appropriate.
(b) Any person may make a limited appearance at a hearing held pursuant to section
22a-119 prior thereto or within thirty days thereafter, entitling such person to file a
statement in writing or to make a brief oral statement at a hearing. All papers and matters
filed and statements made by a person making a limited appearance shall become part
of the record. No person making a limited appearance, and not otherwise entitled to be
a party, shall be a party or shall have the right to cross-examine witnesses or parties or
be subject to cross-examination.
(c) The council in its discretion may provide for the grouping of parties with the
same interests. If such a group does not designate an agent for the service of notice
and documents, then the council shall designate such an agent. Notwithstanding the
provisions of this subsection, any party who has been included in a group may, at any
time by oral or written notice to the council, elect not to be a member of the group to
the extent specified in such notice.
(d) The assistant attorney general or the special assistant attorney general appointed
pursuant to subsection (d) of section 16-50n shall have supervision of legal matters
concerning the council.
(P.A. 80-472, S. 7, 14; P.A. 81-369, S. 8, 20; P.A. 03-19, S. 57.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 added Subsec. (c) authorizing
grouping of parties and added Subsec. (d) naming the assistant attorney general appointed pursuant to Sec. 16-50n to
supervise legal matters for the council; P.A. 03-19 made a technical change in Subsec. (d), effective May 12, 2003.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-121. Record of hearing. Rights of parties. (a) A record shall be made
of the hearing and of all testimony taken and the cross-examination thereon. Every party
or group of parties shall have the right to present such oral or documentary evidence
and to conduct such cross-examination as may be required for a full and true disclosure
of the facts.
(b) A copy of the record shall be available at all reasonable times for examination
by the public without cost at the principal office of the council. A copy of the transcript
shall be filed in the office of the town clerk in each municipality in which the proposed
facility is to be located. A copy of the record may be obtained by any person upon
payment of a fee determined by the permanent members of the council.
(P.A. 80-472, S. 8, 14; P.A. 81-369, S. 9, 20.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 amended Subsec. (b) to replace
"board" with "council", to require that the council file a copy of the transcript rather than a copy of the record and to
authorize the council to set a fee for a copy of the record.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-122. Decision and opinion. Criteria for decision. Findings and determination. Financial responsibility. Service and publication. Appeal. (a) The council
shall, within the time specified in subsection (f) of section 22a-119, render a decision
upon the record by an affirmative vote of not less than seven council members either
granting or denying the application as filed, or granting it upon such terms, limitations
or conditions as the council may deem appropriate. The council shall file, with its decision, an opinion stating in full the reasons for its decision.
(b) In making its decision, the council shall consider: (1) The impact of the proposed
facility on the municipality and affected geographic area in which it is to be located in
terms of public health, safety and welfare including but not limited to (A) the risk and
impact of accident during transportation of hazardous waste, (B) the risk and impact of
fires or explosions from improper storage or disposal methods, (C) consistency of the
proposed facility with local and regional land use plans and regulations and the state
conservation and development plan in effect at the time the applicant applies to the
Commissioner of Environmental Protection for the environmental licenses, permits, or
approvals necessary to construct and operate the facility, and with existing and proposed
development in the area, (D) the protection of the public from adverse impacts including
but not limited to adverse economic impacts of the facility during its construction and
operation and after its operation life, (E) the risk and impact on public and private
drinking water supplies; (2) the population density in the area of the proposed facility
and its proximity to residential areas; (3) data available under the Superfund Amendments and Reauthorization Act of 1986 concerning permitted and illegal discharges in
the geographical area affected by the proposed facility; (4) the proximity of the proposed
facility to schools; (5) the availability of other sites; and (6) other criteria consistent
with the goal of insuring the maximum safety of the public from potential dangers
associated with the siting and the development and management of construction of
hazardous waste facilities which may be established by regulation adopted by the permanent members of the council in accordance with the provisions of subsection (c) of
section 22a-116. The permanent members of the council shall adopt regulations in accordance with the provisions of said chapter establishing minimum distances between
the active parts of the facility and other land uses.
(c) The council shall not grant a certificate unless it finds and determines: (1) A
public need and the basis of such need for the facility; (2) the nature of the probable
health and environmental impact of the facility including but not limited to those listed
in subsection (b) of this section and consideration of the number of persons affected;
(3) in the case of a proposed land disposal facility, an explanation of why no other
disposal method is more appropriate; (4) every significant single and cumulative adverse
effect on and conflict with state policies on (A) the natural environment, (B) the ecological balance, (C) the public health and safety, (D) scenic, historic and recreational values,
(E) forests and parks, (F) air and water purity, including impact on present and future
sources of water supply, and (5) why such adverse effects or conflicts set forth in subdivision (4) of this subsection are not sufficient for denial of the certificate. Any applicant
who withdraws an application submitted under the federal Resource Conservation and
Recovery Act, this chapter or the regulations adopted pursuant to subsection (c) of
section 22a-449 may not reapply for a certificate for two years from the date of such
withdrawal or denial.
(d) The council shall not grant a certificate unless the following financial responsibility requirements are met: (1) For the period of facility operation, the applicant shall
maintain third party liability insurance for sudden and nonsudden occurrences in an
amount fixed by the council in accordance with the federal Resource Conservation and
Recovery Act, except that the council may require such insurance in an amount more
than that required by said act. Insurance shall be provided by a carrier licensed by the
Insurance Commissioner and who evidences at all times the financial resources necessary for licensure. The council may accept other forms of security allowed by the federal
Resource Conservation and Recovery Act which the council deems equivalent to third
party insurance if such insurance is not reasonably available. Certification of insurance
is to be filed annually by the applicant with the council; (2) for the period of closure,
the applicant shall provide, prior to operation, a surety bond or other security acceptable
to the council in an amount fixed by the council sufficient to pay for the costs of closure.
The amount and form of security shall be fixed by the council in accordance with the
federal Resource Conservation and Recovery Act. A trust fund shall be established, in
accordance with said act, to be financed by yearly payments by the hazardous waste
facility operator. The amount paid into the fund shall be fixed by the council so that at
the time of closure the fund shall be sufficient to pay the costs of closure. The surety
bond or other security may be reduced each year by the amount paid into the trust fund.
Deposits into the trust fund shall be made to the State Treasurer and disbursements
from the fund shall be made upon authorization of the Department of Environmental
Protection; (3) for the period of postclosure, a trust fund shall be established in accordance with the federal Resource Conservation and Recovery Act to pay the costs of
monitoring and maintenance during the postclosure period. The trust fund is to be financed by yearly payments by the hazardous waste facility operator. The amount paid
into the fund yearly shall be fixed by the council so that at the start of the postclosure
period the fund shall be sufficient to pay the costs of monitoring and maintenance of
the facility during the postclosure period. Deposits into the fund shall be made to the
State Treasurer and disbursements from the fund shall be made upon authorization of
the Department of Environmental Protection. In the case of a proposed land disposal
facility, the applicant shall further provide for a fund or other security for liability for
damage during the postclosure period. Deposits into such fund shall be made to the State
Treasurer and disbursements from the fund shall be made upon authorization of the
Department of Environmental Protection. The amount of the fund or other security and
the manner of financing such fund shall be determined by the council based on the type
of facility, the location of the facility and the kind of waste processed by such facility
so that at the beginning of the postclosure period the fund or security shall be sufficient
to cover the anticipated liability for damages. In the case of a proposed nonland disposal
facility, the council may require a trust fund or other security for postclosure liability
for damages. In determining the amount to be paid into such fund, the council shall
consider the provisions of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (P.L. 96-510). To the extent that liability incurred
during the postclosure period is to be paid from funds established in accordance with
said act, the applicant shall not be required to maintain such fund or other security, (4)
the applicant pays the costs, if any, incurred by the state for preparation of an off-site
emergency plan for a worst case accident.
(e) A copy of the opinion, decision and order shall be served upon each party and
a notice of the issuance of the opinion and order shall be published in such newspapers
as will serve substantially to inform the public of the issuance of such. The name and
address of each party shall be set forth in the decision.
(f) In making its decision as to whether or not to issue a certificate, the council shall
in no way be limited by the fact that the applicant may already have acquired land or
an interest therein or any necessary permits, certificates or orders for the purpose of
constructing the facility which is the subject of its application.
(g) Any person aggrieved by a decision of the council or any party may appeal
therefrom in accordance with the provisions of section 4-183.
(P.A. 80-472, S. 9, 14; P.A. 81-369, S. 10, 20; P.A. 82-472, S. 155, 183; P.A. 90-77; P.A. 91-313, S. 3, 5; P.A. 94-205,
S. 6; May 25 Sp. Sess. P.A. 94-1, S. 86, 130.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 amended Subsec. (b) by adding
to criteria for decisions consistent with the state conservation and development plan, impact of the facility on the economy
and drinking water supplies, population density considerations and by requiring the council adopt regulations establishing
the minimum distance between the facility and other land uses and inserted new Subsecs. (c) and (d) requiring the council
to make findings and determinations requiring the applicant to comply with financial responsibility requirements by providing third party liability insurance, a trust fund to pay closure costs, a trust fund for facility monitoring and maintenance
during postclosure, and paying for an emergency plan, relettering remaining Subsecs. accordingly; P.A. 82-472 amended
Subsec. (b) to provide that the regulations shall be adopted by the council in accordance with the provisions of Sec. 22a-116(c), rather than Ch. 54 of the general statutes; P.A. 90-77 amended Subsec. (b) by adding to criteria for decisions data
available under the Superfund Amendments and Reauthorization Act, the proximity to schools and the availability of other
sites and amended Subsec. (c) requiring a finding and determination regarding health impact and consideration of the
number of persons impacted; P.A. 91-313 amended Subsec. (c) to add an additional requirement that the council find that
the applicant has not been subject to a fine or civil penalty during the pendency of the application and to provide that any
applicant who withdraws an application may not reapply for two years; P.A. 94-205 amended Subsec. (c) to delete provisions
re review of permit applicant's compliance history; May 25 Sp. Sess. 94-1 made a technical change in Subsec. (c) for
accuracy, effective July 1, 1994.
See Sec. 22a-6m re review of permit applicant's compliance history.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-123. Enforcement of certificate requirements and other standards.
Penalties. The commissioner shall insure that each facility for which a certificate has
been issued is constructed, maintained and operated in compliance with such certificate,
and any other standards established pursuant to this chapter, except siting and development and management regulations adopted pursuant to section 22a-116. The facility
operator shall pay yearly to the Department of Environmental Protection a reasonable
sum, determined by the commissioner, to ensure proper oversight and monitoring.
Whenever the commissioner deems it necessary to provide further oversight and monitoring, the person to whom such certificate has been issued shall be charged with and
pay such further expense. The commissioner shall have authority to issue cease and
desist orders according to section 22a-7 and to suspend or revoke any permit issued by
him upon a showing of cause and after a hearing. The council shall have the authority
to issue cease and desist orders and to suspend or revoke any permit issued by it upon
a showing of cause and after a hearing. The courts may grant such restraining orders
and such temporary and permanent injunctive relief as may be necessary to secure compliance with this chapter and with a certificate issued pursuant to this chapter. The courts
may assess civil penalties in an amount not less than one thousand dollars nor more
than ten thousand dollars per day for each day of construction or operation in material
violation of this chapter or of a certificate issued pursuant to this chapter. Civil proceedings to enforce this chapter may be brought by the Attorney General in the superior
court for any judicial district affected by the violation. Any person who knowingly or
wilfully violates any provision of this chapter or any provision of a certificate issued
pursuant to this chapter shall be fined not more than twenty-five thousand dollars per
day for each day of such violation or imprisoned for not more than one year or both.
The remedies and penalties in this section shall be cumulative and shall be in addition
to any other penalties and remedies available at law, or in equity, to any person.
(P.A. 80-472, S. 10, 14; P.A. 81-369, S. 12, 20.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 amended section to require the
facility operator to pay a reasonable sum for facility oversight and monitoring and further authorized the issuance of cease
and desist orders and permit revocation as a means of enforcement of permits.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-124. Exclusive jurisdiction of council. Municipal regulation of proposed location. Appeal of zoning decision. (a) Notwithstanding any other provision
of the general statutes, the council shall have exclusive jurisdiction over the siting of
facilities subject to the provisions of this chapter. In ruling on applications for certificates
for facilities, the council shall give such consideration to other state laws and municipal
ordinances and regulations as it shall deem appropriate. Whenever the council issues a
certificate of public safety and necessity pursuant to this chapter, such certificate shall
satisfy and be in lieu of all other certificates, licenses, permits or approvals, or other
requirements of state or municipal agencies in regard to any question of public safety
and necessity.
(b) A proposed hazardous waste facility may be regulated and restricted by any
town, city or borough pursuant to chapters 124 and 126 and by any municipality pursuant
to sections 22a-42 and 22a-42a. The applicant shall apply for any permits required by
such agencies at the same time as the filing of the application with the council. Such
local bodies may make all decisions necessary to the exercise of such power to regulate
and restrict, which decisions shall be made within one hundred thirty days of any application notwithstanding any other statute to the contrary and shall be in writing and recorded
in the records of their respective communities, and written notice of any decision shall
be given to each party affected thereby. Each such decision shall be subject to the right
of appeal within thirty days after the giving of such notice by any party aggrieved to
the council, which shall have exclusive jurisdiction, in the course of any proceeding on
an application for a certificate or otherwise, to affirm, modify or revoke such order to
make any decision in substitution thereof by a vote of eight of the members of the
council. Appeal of a local zoning decision to the council shall be in lieu of any other
appeal authorized by the general statutes.
(P.A. 80-472, S. 11, 14; P.A. 81-369, S. 13, 20.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 amended section to require an
applicant to apply for approval by local agencies concurrently with application to the council and to require that local
decisions be made within one hundred thirty days, rather than thirty days, of the date of application, made changes reflecting
transfer of board's powers and duties to council and specified that appeals to council are in lieu of all other appeals.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-125. Payments to municipalities to be made by operators of hazardous waste disposal facilities. Section 22a-125 is repealed.
(P.A. 80-472, S. 12, 14; P.A. 81-369, S. 19, 20.)
Sec. 22a-126. Use of facility after postclosure period. Disposal Facility Trust
Fund. (a) After the period of postclosure, the commissioner shall determine by a procedure established under the provisions of regulations adopted in accordance with the
provisions of subsection (d) of section 22a-116, if the hazardous waste facility has a
reasonable alternative use. If the commissioner determines that the hazardous waste
facility has a reasonable alternative use, he shall so certify. If the commissioner determines that the hazardous waste facility has no reasonable alternative use, the owner
may transfer ownership of such facility to the state without compensation. After transfer
the hazardous waste facility shall be under the jurisdiction of the commissioner who
shall provide for its monitoring, maintenance and care. All claims for injuries incurred
after transfer of ownership shall be against the state. The state shall not be liable for
injuries incurred prior to the transfer of ownership.
(b) A Disposal Facility Trust Fund shall be established and financed by annual
assessments levied on the owners or operators of all hazardous waste land disposal
facilities and by the owners or operators of hazardous waste nonland disposal facilities
in amounts to be determined by the commissioner. Each owner or operator of an assessed
facility shall pay an amount fixed by the commissioner based on the volume, type, or
weight of hazardous waste processed at such facility. The aggregate paid yearly by all
those assessed shall not be more than one million dollars. The assessment imposed on
any owner or operator of a hazardous waste facility shall be limited to one per cent of
the gross revenues of each facility owned or operated. The method and amount of payment shall be fixed by the commissioner under the provisions of regulations adopted in
accordance with chapter 54. When the fund balance exceeds ten million dollars, upon
determination by the commissioner, no further assessments shall be made. When the
balance of the fund is less than ten million dollars, the commissioner may reinstitute
imposition and collection of the assessment. The fund shall be used for costs incurred
by the Department of Environmental Protection for monitoring and maintenance of any
hazardous waste facility and for any liability of the state pursuant to subsection (a) of
this section. The fund shall also be used to cover any liability incurred during the hazardous waste facility operation, closure and postclosure period not covered by the operator's
financial responsibility requirements under subsection (d) of section 22a-122. The fund
shall be used only if costs are not paid from funds established in accordance with the
provisions of the federal Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (P.L. 96-510). In determining assessments for the Disposal Facility
Trust Fund, the commissioner shall consider assessments levied pursuant to said act
and assessments levied pursuant to this section shall be limited to an amount required
to meet costs not paid from funds established pursuant to said act. Payments from the
fund shall be made by the Treasurer upon authorization of the commissioner.
(P.A. 81-369, S. 11, 20; P.A. 82-472, S. 156, 183.)
History: P.A. 82-472 provided in Subsec. (a) that the regulations be adopted in accordance with Sec. 22a-116(d), rather
than Ch. 54 of the general statutes.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-127. Local project review committee. Technical assistance for review
of application. (a) In each municipality where a hazardous waste facility is proposed
to be located, there may be established a local project review committee consisting of
not less than four and not more than nine members, all but one of whom shall be electors
from the municipality where the facility is proposed to be located. The remaining member shall be an elector from the municipality likely to be most affected by the proposed
facility which municipality shall be named by the council after the receipt of an application for a certificate. The commissioner shall notify the council and the chief elected
official of the municipality where the facility is proposed to be located upon receipt of
an application for licenses, permits or approvals necessary to establish a hazardous waste
facility. The council shall send to the chief elected official a copy of the provisions of
the general statutes for the establishment of a local project review committee along with
a copy of the notification sent by the commissioner. After notification, the chief elected
official may appoint members to such committee. All members shall be appointed by
the chief elected official of the municipality that they represent.
(b) Upon filing of an application with the council, the applicant shall deposit with
the council a sum determined by the council but not exceeding fifty thousand dollars
to be disbursed by the council to the local project review committee for the sole use
of obtaining technical and professional assistance for such committee's review of the
proposed hazardous waste facility. Such assistance may include environmental, scientific, economic, financial and legal assistance.
(P.A. 81-369, S. 15, 20; P.A. 89-146, S. 1.)
History: P.A. 89-146 amended Subsec. (a) to require the commissioner of environmental protection to notify the siting
council of receipt of hazardous waste facility application and to require the siting council to send the chief executive officer
of the municipality in which such facility is proposed a copy of provisions of general statutes re local project review
committees and a copy of notice sent by commissioner and amended Subsec. (b) to authorize use of funds for environmental,
scientific, economic, financial and legal assistance and to increase amount of maximum deposit from thirty thousand to
fifty thousand dollars.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-128. Payments of assessments or negotiated incentives to municipalities by operators of hazardous waste disposal facilities. Reports of negotiations to
council. (a) The owner or operator of a hazardous waste facility or an owner or operator
who modifies an existing hazardous waste facility constructed and operated pursuant
to this chapter shall pay an assessment pursuant to subsection (b) or shall pay the costs
of the incentives negotiated pursuant to subsection (c), provided that the total amount
paid shall not be more than the amount established in subsection (b). The legislative
body of the municipality shall elect between payment of the assessment or the negotiated
incentives prior to the commencement of negotiations. Any costs or assessments for a
modification to a hazardous waste facility shall be based on the volume of waste or the
gross receipts that the council determines are attributable to such modification.
(b) If the legislative body of the municipality chooses to have payments made to
the municipality in accordance with this subsection, within thirty days following the
end of each calendar quarter, the owner or operator of a hazardous waste disposal facility
shall report to the chief elected official of the municipality in which such facility is
located and to the commissioner on a form furnished by said commissioner, the number
of gallons or cubic yards of hazardous waste received by such facility in such calendar
quarter, and the gross receipts of such facility in such calendar quarter. The owner or
operator shall remit to the municipality, with such form (1) payment in an amount equal
to five cents per gallon or three dollars and fifty cents per cubic yard for each gallon or
cubic yard of hazardous waste received in such quarter or (2) payment in an amount
determined in accordance with the following table at the percentage applicable to each
level of quarterly gross receipts, whichever is greater:
| Quarterly Gross Receipts | |
Over | Not
Exceeding | Payment as Per Cent
of Gross Receipts |
| $ 0 | $1,250,000 | 10% |
| 1,250,000 | 2,500,000 | 5% |
| 2,500,000 | | 2 1/2% |
If a hazardous waste disposal facility is located in more than one municipality, such
owner or operator shall report to each such municipality and such payment shall be
made pro rata, based on the number of gallons or cubic yards of hazardous waste disposed
of in each such municipality.
(c) The local project review committee is authorized to negotiate directly with the
applicant concerning incentives for development including but not limited to: (1) Payment to abutting landowners for diminution of property values; (2) purchase of a greenbelt buffer around the proposed facility for safety and aesthetics; (3) development of
open space and recreational facilities for the town; (4) payment for fire equipment which
may be required because of the proposed facility; (5) payment of road repair costs resulting from increased use of local roads caused by the proposed facility; (6) access
routes to the hazardous waste facility; or (7) direct financial payment. Any agreement
reached through such negotiation shall be consistent with the interests and purposes of
this chapter. Negotiations shall not begin until decisions are rendered by local bodies
pursuant to subsection (b) of section 22a-124 and negotiations shall be completed within
sixty days.
(d) The applicant and the committee shall each file a report with the council before
the conclusion of the council's public hearing stating the items of negotiation and points
of agreement and disagreement. After the filing of such reports, the council may meet
with the applicant and the committee to discuss the negotiations and reports. The council
shall be the sole arbitrator of disputes arising from the negotiations. The council shall
consider the negotiations and reports as part of the application. The council's decision
shall state the negotiated items it has accepted and incorporated into any approval and
those negotiated items it has rejected and the reasons therefor.
(P.A. 81-369, S. 16, 20; P.A. 85-131, S. 1.)
History: P.A. 85-131 amended Subsec. (a) by specifying that costs and assessments of a modified facility are limited
to the volume of waste or gross receipts attributable to the modification.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-129. Chief elected official's right of access to facility for inspection
of premises and review of records. Time allowed for response to complaints. The
chief elected official of the municipality where the facility is proposed to be located or
his designee shall have full access to such facility for inspection of premises and for
review of facility records. If, after any inspection, a written complaint is made to the
commissioner, he shall respond within fourteen days. Where the complaint involves an
immediate threat to the public health and safety the commissioner shall respond within
twenty-four hours.
(P.A. 81-369, S. 17, 20; P.A. 87-489, S. 9, 14.)
History: P.A. 87-489 substituted "written" complaint for "formal" complaint.
Secs. 22a-114-22a-130 cited. 207 C. 706, 711.
Sec. 22a-130. Regulations. All regulations required by this chapter and sections
16-50j and 16-50v shall be adopted by January 1, 1982. All applications for a permit
for a hazardous waste facility pending before any federal, state or local agency as of
July 1, 1981, shall be deemed applications for a certificate of public safety and necessity
and subject to the provisions of this chapter and sections 16-50j and 16-50v. No application shall be accepted by the council until all regulations required by this chapter and
said sections are adopted.
(P.A. 81-369, S. 18, 20.)
See Sec. 22a-6z re regulations implementing Subtitle C of the Resource Conservation and Recovery Act of 1976.
Cited. 207 C. 706, 711.
Sec. 22a-131. Civil penalty for violation of hazardous waste program. Any person who violates any provision of the state's hazardous waste program shall be assessed
a civil penalty of not more than twenty-five thousand dollars for each day such violation
continues. The Attorney General, upon complaint of the commissioner, shall institute
a civil action to recover such penalty. Any amount recovered shall be deposited in the
General Fund.
(P.A. 81-443, S. 2, 7; P.A. 84-535, S. 3; P.A. 85-390, S. 1; P.A. 87-475, S. 5, 7; P.A. 95-208, S. 6, 13.)
History: P.A. 84-535 added provision requiring amounts recovered to be credited to the emergency spill response fund;
P.A. 85-390 substituted references to assessment of civil penalty for references to imposition of fine; P.A. 87-475 deleted
reference to the Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq.); P.A. 95-208 amended section
to require that any amount recovered be deposited in General Fund, rather than deposited in General Fund and credited to
Emergency Spill Response Fund, effective July 1, 1995.
Sec. 22a-131a. Penalties. (a) Any person who (1) wilfully fails to prepare a manifest required in accordance with the provisions of the State Hazardous Waste Program
promulgated under subsection (c) of section 22a-449 or any regulation adopted pursuant
to said subsection, (2) knowingly makes any false material statement or representation
on any application, label, manifest, record, report, permit or other document required in
accordance with the provisions of subsection (c) of section 22a-449 or said regulations,
including any such statement or representation for used oil that is regulated under said
subsection, or (3) wilfully fails to maintain or knowingly destroys, alters or conceals
any record required to be maintained in accordance with the provisions of subsection
(c) of section 22a-449 or said regulations, including any record for used oil that is regulated under said subsection, shall be fined not more than fifty thousand dollars for each
day of such violation or imprisoned not more than two years or both. A subsequent
conviction for any such violation shall carry a fine of not more than fifty thousand dollars
per day or imprisonment for not more than five years or both.
(b) Any person who knowingly transports or causes to be transported any hazardous
waste to a facility which does not have a permit required under subsection (c) of section
22a-449 or any regulation adopted pursuant to said subsection, or who knowingly treats,
stores or disposes of any hazardous wastes without a permit required under said subsection or said regulations, or who knowingly violates any material condition or requirement
of such permit or an order issued by the commissioner regarding treatment, storage or
disposal of hazardous waste, shall be fined not more than fifty thousand dollars for each
day of violation or imprisoned not more than five years or both. A subsequent conviction
for any such violation shall carry a fine of not more than one hundred thousand dollars
per day or imprisonment for not more than ten years or both.
(c) Any person who knowingly stores, treats, disposes, recycles, transports or causes
to be transported or otherwise handles any used oil that is regulated under subsection
(c) of section 22a-449 but not identified or listed as hazardous waste in violation of any
condition or requirement of a permit under said subsection or under any regulation
adopted pursuant to said subsection shall be fined not more than fifty thousand dollars
for each day of violation or imprisoned not more than two years or both. A subsequent
conviction for any such violation shall carry a fine of not more than one hundred thousand
dollars per day or imprisonment for not more than five years or both.
(d) Any person, who in the commission of a violation for which a penalty would
be imposed under subsection (a), (b) or (c) of this section, who knowingly places another
by such violation in imminent danger of death or serious bodily injury, shall be fined
not more than two hundred fifty thousand dollars or imprisoned not more than fifteen
years or both, and when the violator is an organization, the fine shall be not more than
one million dollars. This subsection shall not be construed as a limitation on the amount
of fines that may be imposed in accordance with subsection (a), (b) or (c) of this section.
As used in this section, "organization" means any legal entity, other than the state or
any of its political subdivisions, established for any purpose, and includes a corporation,
company, association, firm, partnership, joint stock company, foundation, institution,
trust, society, union or any other association of persons.
(e) Any fine imposed pursuant to this section shall be deposited in the General Fund.
(P.A. 81-443, S. 3, 7; P.A. 84-535, S. 4; P.A. 85-590, S. 1; P.A. 95-208, S. 7, 13; P.A. 00-19, S. 1.)
History: P.A. 84-535 added Subsec. (d) requiring that the fines imposed be credited to the emergency spill response
fund; P.A. 85-590 amended Subsec. (a) to make wilful failure to prepare manifest and wilful failure to maintain records
subject to penalties provided; P.A. 95-208 amended Subsec. (d) to require that any fine imposed pursuant to section be
deposited in General Fund, rather than deposited in General Fund and credited to Emergency Spill Response Fund, effective
July 1, 1995; P.A. 00-19 changed references from federal Resource Conservation and Recovery Act of 1976 to Sec. 22a-449(c) in Subsecs. (a) and (b), added provisions in Subsec. (a) re used oil, added provision in Subsec. (b) re order issued
by the commissioner, increased criminal penalties in Subsecs. (a), (b) and (d), adding new penalty for subsequent convictions
in Subsec. (b), inserted new Subsec. (c) re violations involving regulated used oil, redesignated former Subsecs. (c) and
(d) as Subsecs. (d) and (e), and amended Subsec. (d) by deleting provisions re violation indicating extreme indifference
to human life and adding references to Subsec. (c).
Subsec. (b):
Cited. 207 C. 706-712, 717, 722, 723.
Sec. 22a-132. Hazardous waste assessment. (a) There shall be paid to the Commissioner of Revenue Services by (1) a generator of hazardous waste required to file a
manifest pursuant to the Resource Conservation and Recovery Act of 1976 (42 USC
6901 et seq.), as from time to time amended, and regulations adopted by the Department
of Environmental Protection, (2) a treatment facility required to file a manifest for hazardous wastes resulting from their treatment process and (3) a generator of hazardous
waste shipping hazardous waste to treatment or disposal facilities located in the state,
an assessment of (A) five cents per gallon of metal hydroxide sludge from wastewater
treatment of electroplating or metal finishing operations and six cents per gallon of any
other hazardous waste entered on a manifest in gallons, (B) one-half of one cent per
pound of metal hydroxide sludge from wastewater treatment of electroplating or metal
finishing operations and three-quarters of one cent per pound of any other hazardous
waste entered on a manifest in pounds or (C) ten dollars per cubic yard of metal hydroxide
sludge from wastewater treatment of electroplating or metal finishing operations and
twelve dollars for any other hazardous waste entered on a manifest in cubic yards. The
following shall not be subject to assessment: (i) Any hazardous waste that is recycled,
(ii) any residue resulting from the processing or treatment of a hazardous waste at a
facility approved in accordance with the Resource Conservation and Recovery Act of
1976 (42 USC 6901 et seq.), as from time to time amended, provided such residue is
derived from hazardous waste received at the facility under a manifest, (iii) any hazardous waste for which an assessment was paid during the course of handling and (iv) any
hazardous waste removed or relocated as a result of a project to remediate contaminated
real property. All assessments shall be due and payable to the Commissioner of Revenue
Services quarterly on or before the last day of the month immediately following the
end of each calendar quarter. If the total assessment payable by any such generator or
treatment facility for any calendar quarter is less than five dollars, such generator or
treatment facility shall not be required to pay an assessment for such quarter. The generator or treatment facility shall note reshipment on a manifest in such manner as the commissioner deems necessary. For the purposes of this section, "recycled" means waste
that is processed to recover a usable product or is regenerated or reused. Burning for
heat value shall not be considered recycling.
(b) Each generator or treatment facility of hazardous waste subject to the assessment
as provided by this section shall submit a return to the Commissioner of Revenue Services, on a form prescribed by said commissioner, (1) quarterly, on or before the last
day of the month immediately following the quarter ending on the last day of December,
March, June and September or (2) as may be established by the Commissioner of Revenue Services in regulations adopted by said commissioner in accordance with the provisions of chapter 54. The regulations may authorize returns to be submitted less frequently
than quarterly if the commissioner determines that the enforcement of this section would
not be adversely affected by less frequent filings. Payment of the assessment determined
and payable in accordance with the provisions of subsection (a) of this section shall
accompany the return.
(c) Whenever such assessment is not paid when due, a penalty of ten per cent of
the amount due or fifty dollars, whichever is greater, shall be imposed, and such assessment shall bear interest at the rate of one per cent per month or fraction thereof until
the same is paid. The Commissioner of Revenue Services shall cause copies of a form
prescribed for submitting returns as required under this section to be distributed throughout the state. Failure to receive such form shall not be construed to relieve anyone subject
to assessment under this section from the obligations of submitting a return, together
with payment of such assessment within the time required.
(d) The revenue collected in accordance with this section shall be deposited in the
General Fund. The assessment imposed by this section shall not apply to any Connecticut
state agency or any Connecticut political subdivision or agency thereof.
(e) The imposition and collection of the assessment shall terminate on June 30, 2000.
(f) The provisions of sections 12-548 to 12-554, inclusive, and section 12-555a
shall apply to the provisions of this section in the same manner and with the same force
and effect as if the language of said sections had been incorporated in full into this
section and had expressly referred to the assessment under this section, except to the
extent that any provision is inconsistent with a provision in this section and except that
the term "tax" shall be read as "hazardous waste assessment".
(P.A. 82-320, S. 1, 4; P.A. 83-430, S. 1, 2; 83-432, S. 1, 2; P.A. 84-348; 84-546, S. 70, 173; P.A. 85-131, S. 2; 85-610,
S. 1; P.A. 89-365, S. 4, 9; P.A. 90-165, S. 1, 2; P.A. 91-236, S. 19, 25; 91-372, S. 1, 4; P.A. 92-217, S. 3, 5; P.A. 93-74,
S. 45, 67; 93-324, S. 1, 4; P.A. 94-41, S. 1, 2; May Sp. Sess. P.A. 94-4, S. 28, 85; P.A. 95-26, S. 45, 52; 95-92, S. 1, 2; 95-160, S. 64, 69; 95-208, S. 8, 13; P.A. 96-92; June Sp. Sess. P.A. 01-6, S. 69, 85.)
History: P.A. 83-430 amended Subsec. (a) to require generators shipping waste to Connecticut for treatment or disposal
to pay the assessment, established an assessment amount for hazardous waste measured in pounds and cubic yards and
exempted from payment of the assessment generators reshipping hazardous waste without treatment in the same container;
P.A. 83-432 amended Subsec. (a) by adding provisions concerning the due date for quarterly assessments and replacing
provision exempting generators who would owe twenty-five dollars or less from payment with exemption for those who
would owe five dollars or less, amended Subsec. (b) by adding language re the day on which quarterly returns are due and
amended Subsec. (d) by inserting reference to fiscal year as period to which the expenditure limitation is applicable; P.A.
84-348 amended Subsec. (a) by establishing separate assessment categories for metal hydroxide sludge and other hazardous
wastes and increasing the assessments and subjected treatment facilities required to file a manifest to the assessment; P.A.
84-546 made technical change in Subsec. (a); P.A. 85-131 exempted residue derived from hazardous waste received at
the facility under a manifest from imposition of the assessment; P.A. 85-610 amended Subsec. (d) by authorizing expenditures from the revenue collected for recording hazardous waste manifest data and amended Subsec. (e) by extending the
assessment from December 31, 1985, to June 30, 1990; P.A. 89-365 amended Subsec. (a) to exempt hazardous waste that
is recycled or for which an assessment was paid during the course of handling from composition of the tax and to add
definition of recycling; P.A. 90-165 amended Subsec. (e) by extending the assessment from June 30, 1990, to June 30,
1992; P.A. 91-236 added Subsec. (f) to include administrative, penalty, hearing and appeal provisions, effective July 1,
1991, and applicable to taxes due on or after that date; P.A. 91-372 amended Subsec. (d) to change the amount of the
authorized expenditures which the commissioner may make in the collection of assessments under this section from five
per cent of amount collected to the lesser of ten per cent or three hundred thousand dollars; P.A. 92-217 amended Subsec.
(e) to extend the imposition and collection of the assessment on generators to June 30, 1994; P.A. 93-74 amended Subdiv.
(3) of Subsec. (a) by increasing the assessment on generators of hazardous waste under Subpara. (A) from five to seven
and one-half cents per gallon on metal hydroxide sludge and from six to nine cents per gallon on all other hazardous waste,
under Subpara. (B) to three-quarters of one cent per pound of metal hydroxide sludge and from three-quarters of one cent
to one and one-quarter cents per pound of all other hazardous waste and under Subpara. (C) from ten to fifteen dollars per
cubic yard of metal hydroxide sludge and from twelve to twenty-four dollars for all other hazardous waste, effective July
1, 1993; P.A. 93-324 amended Subsec. (a) to repeal increases in assessment enacted in Sec. 45 of P.A. 93-74, leaving
minor technical changes in effect, effective July 1, 1993; P.A. 94-41 amended Subsec. (b) to revise provisions re quarterly
returns and to add provisions re less frequent filing of assessment returns in accordance with regulations, effective May
19, 1994; May Sp. Sess. P.A. 94-4 in Subsec. (e) extended termination date for assessment from June 30, 1994, to June
30, 1995, effective June 9, 1994; P.A. 95-26 amended Subsec. (c) to lower interest rate from one and one-half to one per
cent and made technical changes, effective July 1, 1995, and applicable to taxes due and owing on or after July 1, 1995,
whether or not those taxes first became due before said date; P.A. 95-92 amended Subsec. (e) to extend the assessment
until June 30, 2001, effective June 5, 1995, but failed to take effect, P.A. 95-208 having taken precedence; P.A. 95-160
changed effective date of May Sp. Sess. P.A. 94-4 but without affecting this section; P.A. 95-208 amended Subsec. (d) to
require that revenue collected in accordance with section be deposited in General Fund, rather than Emergency Spill
Response Fund and deleted provision authorizing commissioner to expend up to ten per cent of such revenue or three
hundred thousand dollars, whichever is less, for expenses related to collection of assessment, and amended Subsec. (e) to
extend termination date for imposition and collection of assessment from June 30, 1995, to June 30, 2000, effective July
1, 1995; P.A. 96-92 amended Subsec. (a) to exempt hazardous waste removed from property remediation projects from
the assessment; June Sp. Sess. P.A. 01-6 amended Subsec. (d) to specify that the assessment shall not apply to Connecticut
state agencies or Connecticut political subdivisions, effective July 1, 2001.
See Sec. 22a-449(c) re adoption of regulations to carry out the intent of Subtitle C of the Resource Conservation and
Recovery Act of 1976 (42 USC 6901 et seq.).
Cited. 211 C. 655, 656, 658, 661. Cited. 215 C. 292, 293, 295-299, 302, 304-306, 308.
Subsec. (a):
Cited. 211 C. 655, 658. Subdiv. (1) cited. Id., 655, 659-662. Subdiv. (2) cited. Id., 655, 659. Subdiv. (3) cited. Id. Cited.
215 C. 292, 303.
Subsec. (d):
Cited. 215 C. 292, 298.
Sec. 22a-132a. Administration expenses. Fees. Staff. Consultants. (a) All expenses of administering this chapter incurred by the Connecticut Siting Council and its
staff and such studies as the council deems necessary to carry out its duties under this
chapter, exclusive of expenses covered by fees established pursuant to section 22a-116,
shall be financed as provided in this section.
(b) Before December thirty-first of each year, the council shall review the anticipated amount of such expenses for the next fiscal year, excluding expenses under subsection (c) of this section, at a public meeting at which interested persons shall be heard.
After an opportunity for public comment at such public meeting, the council shall determine the anticipated amount of such expenses and submit its determination to the joint
standing committee of the General Assembly having cognizance of appropriations and
the budgets of state agencies for its review. The amount of such expenses shall not
exceed sixty thousand dollars. The council shall apportion and assess the anticipated
amount of expenses among generators of hazardous waste in such manner as the council
shall deem appropriate. The council shall deposit all payments received under this subsection with the State Treasurer who shall credit such payments to the Siting Council
Fund established under section 16-50v. Such payments shall be accounted for as expenses recovered from generators of hazardous waste.
(c) The fee for each application for a certificate issued under this chapter shall be
used for the administrative expenses of the council and its staff incurred in processing
such application. If a hearing is held for any such application, the council shall assess
the applicant during the proceeding and thereafter for all expenses of the council in
excess of the fee, including the expenses of any consultant employed by the council
pursuant to the procedures established under provisions of section 22a-116. Expenses
incurred in reviewing the development and management plan of a hazardous waste
facility shall be billed quarterly to the applicant.
(d) The council shall obtain such full-time and part-time staff and consultants as
may be appropriate to carry out its duties under the provisions of this chapter.
(P.A. 85-466, S. 1, 3; P.A. 89-146, S. 2, 3; P.A. 92-232, S. 1, 3; P.A. 96-50; June Sp. Sess. P.A. 01-6, S. 38, 85.)
History: P.A. 89-146 amended Subsec. (b) to require an opportunity for public comment at the meeting conducted on
expenses of the siting council and to eliminate the assessment on hazardous waste facilities; P.A. 92-232 amended Subsec.
(b) re schedule for paying assessments by generators of hazardous waste and re deposit in public utility control fund; P.A.
96-50 replaced reference to "the Consumer Counsel and Public Utility Control Fund established under section 16-48a"
with "the Siting Council Fund established under section 16-50v" in Subsec. (b); June Sp. Sess. P.A. 01-6 amended Subsec.
(b) to transfer responsibility from the Commissioner of Revenue Services to the siting council for assessing hazardous
waste generators for expenses of the council, effective July 1, 2001.
Sec. 22a-133. Payments prohibited if federal funds available. Payments shall
not be made from the fund established by section 22a-451 for costs incurred by the state
pursuant to subdivision (1) of subsection (d) of said section if federal funds are available
for payment of such costs pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 USC 9601 et seq.), as amended.
(P.A. 82-320, S. 3, 4.)
Sec. 22a-133a. Definitions: Discovery and cleanup of hazardous waste disposal sites. As used in this section, sections 22a-133b to 22a-133k, inclusive, section
22a-448 and subsection (c) of section 22a-449:
(1) "Commissioner" means the Commissioner of Environmental Protection;
(2) "Remedial action" means the discovery and evaluation of hazardous waste disposal sites, the containment or removal of hazardous waste from and mitigation of the
effects of hazardous waste on such sites to the satisfaction of the commissioner, including studies and reports of such sites and financial requirements for postclosure, operations, maintenance and monitoring;
(3) "CERCLA" means the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 USC 9601 et seq.), as amended; and
(4) "Final remedial action" means action constituting a permanent remedy at a hazardous waste disposal site consistent with standards adopted by the Commissioner of
Environmental Protection pursuant to section 22a-133k, provided to the extent permanent remedies are not available in a timely manner, temporary remedies taken to achieve
such standards shall be deemed to be final remedial action until permanent remedies
are developed and implemented.
(P.A. 87-561, S. 1, 13; P.A. 89-365, S. 8, 9; P.A. 94-198, S. 2, 13.)
History: P.A. 89-365 added Subdiv. (4) defining "final remedial action"; P.A. 94-198 added a reference to Sec. 22a-133k, effective June 7, 1994.
Sec. 22a-133b. Discovery and evaluation of hazardous waste disposal sites
deemed to pose threat to the environment or public health. The Commissioner of
Environmental Protection shall establish a program for the discovery and evaluation of
hazardous waste disposal sites which he determines pose a threat to the environment or
public health. Such program shall include provisions for the containment and removal
of hazardous wastes and the mitigation of the effects of hazardous wastes on such sites.
(P.A. 87-561, S. 2, 13.)
Sec. 22a-133c. Hazardous waste disposal site inventory. The commissioner
shall maintain a hazardous waste disposal site inventory and provide for a method of
recording the status of sites therein. The inventory shall include all sites listed on the
report entitled "An Inventory of Hazardous Waste Sites in Connecticut and recommendations for Continuing Action", prepared pursuant to section 22a-8a, and any other
site said commissioner determines to be a threat to the environment or public health,
including (1) sites discovered pursuant to sections 22a-134a to 22a-134d, inclusive, and
subsection (d) of section 22a-449, or any other regulatory program administered by the
commissioner, and (2) sites reported to said commissioner pursuant to Subtitle C of The
Resource, Conservation and Recovery Act of 1976 (42 USC 6901 et seq.), as amended,
and CERCLA or by any state, local or federal authority or any other source.
(P.A. 87-561, S. 3, 13.)
Sec. 22a-133d. Site assessments. (a) Any site listed in the report prepared pursuant
to section 22a-8a where remedial action has not been initiated shall be assessed on
or before June 30, 1991. Any other hazardous waste disposal site determined by the
commissioner to pose a threat to the environment or public health shall be assessed
within forty-eight months of such determination.
(b) The commissioner shall establish the priority for assessment of sites on the
inventory developed pursuant to section 22a-133c where remedial action has not been
initiated. In establishing such priority, the commissioner shall consider the quantity and
characteristics of the hazardous waste on the site, the potential threat from the hazardous
waste to the environment or public health and any other factor he deems appropriate.
(c) A site assessment shall include, but not be limited to, the following: (1) Testing
or engineering reports required by the commissioner; (2) determination of ownership
of and the persons or municipality responsible for the disposal site; (3) a score developed
by using the uncontrolled hazardous waste site ranking system found in the Code of
Federal Regulations, Title 40, Section 300, Appendix A, as amended; and (4) a recommended time schedule for remedial action.
(P.A. 87-561, S. 4, 13.)
Sec. 22a-133e. Remedial action. (a) Remedial action for sites on the inventory
that is proceeding in accordance with the provisions of state or federal programs shall
continue in accordance with such programs.
(b) The commissioner shall provide for remedial action for all assessed sites by (1)
referring the site to the United States Environmental Protection Agency pursuant to the
provisions of CERCLA; (2) issuing administrative orders to responsible parties pursuant
to section 22a-6, 22a-428, 22a-432, 22a-433 or 22a-449, or (3) any action deemed necessary by said commissioner.
(c) If the commissioner determines that (1) the remedial action schedule for a site
proposed by the United States Environmental Protection Agency pursuant to CERCLA
is not consistent with the schedule developed in the assessment for such site list, or (2)
the site, based on the site assessment score, is ineligible for CERCLA funding, he may
pursue remedial action for the site from any account established for such purpose and
seek reimbursement for such remedial action.
(P.A. 87-561, S. 5, 13.)
Sec. 22a-133f. Costs of remedial action. Regulations. (a) The costs of remedial
action pursued in accordance with the provisions of section 22a-133e may be paid from
(1) the emergency spill response account established pursuant to section (d) of section
22a-451 or (2) any account authorized under subsection (a) of section 29 of special act
87-77 or subdivision (5) of subsection (e) of section 2 of special act 86-54. The costs
may be paid from such funds and accounts provided the commissioner determines that
the threat to the environment and public health from the site is unacceptable and (A)
the commissioner is unable to determine the responsible party for the disposal or cleanup
of the hazardous waste, (B) the responsible party is not in timely compliance with orders
issued by the commissioner to provide remedial action or (C) the commissioner has not
issued a final decision on an order to a responsible party to provide remedial action
because of (i) a request for a hearing made pursuant to section 22a-436 or sections 4-177 to 4-182, inclusive, or (ii) an order issued pursuant to said section 22a-436 is subject
to an appeal pending before the Superior Court pursuant to section 22a-437 or sections
4-183 and 4-184.
(b) The commissioner shall adopt regulations in accordance with chapter 54, setting
forth priorities for the use of such funds and accounts. In setting such priorities the
commissioner shall consider any factor he deems appropriate, including the score developed pursuant to section 22a-133d.
(P.A. 87-561, S. 6, 13; P.A. 95-208, S. 9, 13.)
History: P.A. 95-208 amended Subsec. (a) to replace reference to Emergency Spill Response Fund with reference to
emergency spill response account, effective July 1, 1995.