Sec. 22a-134ee. Construction or modification of hazardous waste facilities by
the service. Following the acquisition of any site pursuant to section 22a-134dd, the
service shall encourage the participation of private industry in the implementation of
some or all of the purposes of sections 22a-134aa to 22a-134gg, inclusive, and subsection
(d) of section 22a-451. If in the judgment of the service private waste management
facilities are not meeting the needs of the state as found pursuant to the report required
by subdivision (1) of subsection (a) of section 22a-134cc, the service shall plan, design,
construct, finance, manage, own, operate, maintain, execute closure and postclosure
management responsibilities for hazardous waste management and disposal facilities
and all related hazardous waste reception, storage, transportation, waste handling and
general support facilities considered by the service to be necessary, desirable, convenient
or appropriate in carrying out the provisions of sections 22a-134aa to 22a-134gg, inclusive, and subsection (d) of section 22a-451. Any hazardous waste facility constructed
or modified by the service shall comply with the provisions of chapter 445.
(P.A. 83-572, S. 5, 9; P.A. 84-546, S. 71, 173; P.A. 85-67, S. 3, 4; P.A. 86-343, S. 3, 4; P.A. 87-233, S. 3, 8.)
History: P.A. 83-572, S. 5 effective January 1, 1986; P.A. 84-546 made technical changes.; P.A. 85-67 specified the
statutory authority for acquisition, i.e. Sec. 22a-134dd; P.A. 86-343 made the section apply to management facilities as
well as disposal facilities; P.A. 87-233 made a technical change by deleting reference to "this chapter" and inserting
"chapter 445" in lieu thereof.
Sec. 22a-134ff. Powers of service. (a) The service shall have power to:
(1) Employ a staff, which shall be exempt from the provisions of chapter 67, and
to fix their duties, qualifications and compensation;
(2) Establish offices where necessary in the state of Connecticut;
(3) Make and enter into any contract or agreement necessary or incidental to the
performance of its duties and execution of its powers;
(4) Sue and be sued;
(5) Have a seal and alter it at pleasure;
(6) Make and alter bylaws and rules with respect to the exercise of its own powers;
(7) Conduct such hearings, examinations and investigations as may be necessary
and appropriate to the conduct of its operations and the fulfillment of its responsibilities;
(8) Obtain access to public records and apply for the process of subpoena if necessary to produce books, papers, records and other data;
(9) Charge and collect reasonable fees for the services it performs;
(10) Purchase, lease or rent such real and personal property as it may deem necessary, convenient or desirable and to lease to a third party any real or personal property
acquired;
(11) Enter upon private property in accordance with section 22a-163v;
(12) Receive and accept aid or contributions including money, property, labor and
other things of value from any source;
(13) Invest any funds not needed for immediate use or disbursement in obligations
issued or guaranteed by the United States of America or the state of Connecticut and in
other obligations which are legal investments for savings banks in this state; and
(14) Adopt regular procedures for exercising its powers under this chapter not in
conflict with other provisions of the general statutes.
(b) The service may enter into negotiations with the municipality or municipalities
in which a low-level radioactive waste facility, as defined in section 22a-163a, is to be
located and the neighboring municipality that would be most affected, as designated by
the Connecticut Siting Council or the local project review committee, as defined in
section 22a-163p, concerning the mitigation of the social and economic impacts of the
facility.
(P.A. 83-572, S. 7, 9; P.A. 84-370, S. 2, 6; 84-546, S. 72, 173; P.A. 87-540, S. 23, 26; P.A. 88-266, S. 34, 46; 88-361,
S. 21, 29; P.A. 91-337, S. 2, 15.)
History: P.A. 84-370 amended Subdiv. (6) by deleting the service's regulatory authority; P.A. 84-546 made technical
change in Subdiv. (1); P.A. 87-540 added Subdiv. (11) regarding condemnation of real property for the siting of a regional
low-level radioactive waste disposal facility, effective upon designation of Connecticut as a host state by the Northeast
Interstate Low-Level Radioactive Waste Commission, i.e. December 23, 1987; P.A. 88-266 repealed Subdiv. (3) re power
to retain or employ certain persons and added new Subdiv. (3) re power to make or enter into contracts or agreements,
inserted "and collect" in Subdiv. (9), repealed Subdiv. (11) re power to condemn real property, and added new Subdivs.
(11), (12) and (13) re powers to receive and accept aid or contributions, investment of funds and adoption of procedures;
P.A. 88-361 replaced former Subdiv. (11) re condemnation of real property for a regional low-level radioactive waste
facility with new provision re entry onto private property; P.A. 91-337 designated previous provisions as Subsec. (a) and
in Subdiv. (10) of Subsec. (a) authorized the service to lease any real or personal property acquired and added a new
Subsec. (b) allowing the service to enter into negotiations with municipalities affected by the facility re mitigation of the
facility's impact.
Sec. 22a-134gg. Service granted all necessary powers. Liberal construction of
chapter. The service is hereby granted all powers necessary to fulfill the purposes of
this chapter and to carry out its assigned responsibilities. The provisions of this chapter
are to be construed liberally in furtherance of this intention.
(P.A. 83-572, S. 6, 9.)
Sec. 22a-134hh. Technical and financial assistance to hazardous waste industries. Within available resources, the Hazardous Waste Management Service may provide technical and financial assistance to any person, firm, public or private corporation,
agency or organization for any purpose related to the appropriate management of hazardous waste. Such assistance may include the development of methods for the reduction
or the recycling of hazardous waste and the recovery of materials from such waste which
may be used in manufacturing, agriculture or other processes.
(P.A. 84-156, S. 1; P.A. 87-233, S. 4, 8.)
History: P.A. 87-233 authorized provision of financial assistance, expanded list of assistance recipients and added
reference to assistance for reduction of hazardous waste.
Sec. 22a-134ii. Federal funds. The Hazardous Waste Management Service may
with the approval of the Commissioner of Environmental Protection do all things necessary to apply for, qualify for and accept any federal funds made available or allotted
under any federal act for the provision of technical assistance for hazardous waste management, or any other federal acts, projects, programs or activities related thereto. The
chairman shall administer any such funds allotted to the service in accordance with
federal law. The service may enter into contracts with the federal government concerning
the use, maintenance, and repayment of such funds under any such federal act.
(P.A. 87-233, S. 5, 8.)
Sec. 22a-134jj. Authorization for money and securities from public or private
sources. The Hazardous Waste Management Service may receive, hold, invest and
disburse money and securities from any source, public or private, offered it for any of
its purposes by any person, public or private corporation, agency or association.
(P.A. 87-233, S. 6, 8.)
Sec. 22a-134kk. Financial assistance. Financial assistance provided by the Hazardous Waste Management Service may be in the form of grants, loans, or guarantees
of contractual obligations, upon such terms, conditions, and commitments as the service
may determine to be necessary and appropriate. Any grant, loan or guarantee shall be
based upon guidelines adopted by the board of directors of the service. In developing
such guidelines, the directors shall consider the purpose of the agency as prescribed in
section 22a-134cc and the experience, competence and integrity of an applicant for
financial assistance.
(P.A. 87-233, S. 7, 8.)
Sec. 22a-134ll. Liability of directors, officers or employees. (a) The state shall
save harmless and indemnify any director, officer or employee of the Connecticut Hazardous Waste Management Service from financial loss and expense arising out of any
claim, demand, suit or judgment by reason of his alleged negligence or alleged deprivation of any person's civil rights or other act or omission resulting in damage or injury,
if the director, officer or employee is found to have been acting in the discharge of his
duties or within the scope of his employment and such act or omission is found not to
have been wanton, reckless or malicious.
(b) The state, through the Attorney General, shall provide for the defense of any
such director, officer or employee of the service in any civil action or proceeding in
any state or federal court arising out of any alleged act, omission or deprivation which
occurred or is alleged to have occurred while the director, officer or employee was acting
in the discharge of his duties or in the scope of his employment, except that the state
shall not be required to provide for such a defense whenever the Attorney General, based
on his investigation of the facts and circumstances of the case, determines that it would
be inappropriate to do so and he so notifies the director, officer or employee in writing.
(c) Legal fees and costs incurred as a result of the retention by any such director,
officer or employee of any attorney to defend his interests in any such civil action or
proceeding shall be paid by the state only in those cases where (1) the Attorney General
has stated in writing to the director, officer or employee, pursuant to subsection (b) of
this section, that the state will not provide an attorney to defend the interests of the
director, officer or employee, and (2) the director, officer or employee is thereafter found
to have acted in the discharge of his duties or in the scope of his employment, and not
to have acted wantonly, recklessly or maliciously. Such legal fees and costs incurred
by a director, officer or employee shall be paid to the director, officer or employee only
after the final disposition of the suit, claim or demand and only in such amounts as shall
be determined by the Attorney General to be reasonable. In determining whether such
amounts are reasonable, the Attorney General may consider whether it was appropriate
for a group of directors, officers or employees to be represented by the same counsel.
(P.A. 88-361, S. 25, 29.)
Sec. 22a-134mm. Supervision of legal matters by Attorney General. The Attorney General shall have general supervision over all legal matters of the Hazardous Waste
Management Service. He shall appear for the service and the directors, officers and
employees of the service in all suits and other civil proceedings, except upon criminal
recognizances and bail bonds, in which the service is a party, or in which the official
acts and doings of said directors, officers or employees are called in question in any
court or other tribunal, as the duties of his office require, and all such suits shall be
conducted by him or under his direction. All legal services required by the service and
its directors, officers and employees in matters relating to their official duties shall be
performed by the Attorney General or under his direction. All writs, summonses or
other processes served upon such directors, officers and employees shall, forthwith, be
transmitted by them to the Attorney General. All suits or other proceedings by such
directors, officers and employees shall be brought by the Attorney General or under his
direction. He shall advise or give his opinion to the chairman of the service upon any
question of law submitted to him. He may procure such assistance as he may require.
(P.A. 88-361, S. 28, 29.)
Sec. 22a-134nn. Adoption of written procedures. The board of directors of the
Connecticut Hazardous Waste Management Service shall adopt written procedures, in
accordance with the provisions of section 1-121, for: (1) Adopting an annual budget
and plan of operations, including a requirement of board approval before the budget or
plan may take effect; (2) hiring, dismissing, promoting and compensating employees
of the service, including an affirmative action policy and a requirement of board approval
before a position may be created or a vacancy filled; (3) acquiring real and personal
property and personal services, including a requirement of board approval for any nonbudgeted expenditure in excess of five thousand dollars; (4) contracting for financial,
legal, bond underwriting and other professional services, including a requirement that
the service solicit proposals at least once every three years for each such service which
it uses; (5) awarding loans, grants and other financial assistance, including eligibility
criteria, the application process and the role played by the service's staff and board of
directors; and (6) the use of surplus funds to the extent authorized under this chapter or
other provisions of the general statutes.
(P.A. 88-266, S. 35, 46.)