Sec. 22a-208a. Permit for construction, alteration or operation of solid waste
facility. (a) The Commissioner of Environmental Protection may issue, deny, modify,
renew, suspend, revoke or transfer a permit, under such conditions as he may prescribe
and upon submission of such information as he may require, for the construction, alteration and operation of solid waste facilities, in accordance with the provisions of this
chapter and regulations adopted pursuant to this chapter. Notwithstanding the provisions
of this section, the commissioner shall not issue (1) a permit for a solid waste land
disposal facility on former railroad property until July 1, 1989, unless the commissioner
makes a written determination that such facility is necessary to meet the solid waste
disposal needs of the state and will not result in a substantial excess capacity of solid
waste land disposal areas or disrupt the orderly transportation of or disposal of solid
waste in the area affected by the facility, or (2) an operational permit for a resources
recovery facility unless the applicant has submitted a plan pursuant to section 22a-208g
for the disposal or recycling of ash residue expected to be generated at the facility in
the first five years of operation. In making a decision to grant or deny a permit to construct
a solid waste land disposal facility, including a vertical or horizontal landfill expansion,
the commissioner shall consider the character of the neighborhood in which such facility
is located and may impose requirements for hours and routes of truck traffic, security
and fencing and for measures to prevent the blowing of dust and debris and to minimize
insects, rodents and odors. In making a decision to grant or deny a permit to construct
or operate a new transfer station, the commissioner shall consider whether such transfer
station will result in disproportionately high adverse human health or environmental
effects. The commissioner shall not authorize under a general permit or issue an individual permit under this section to establish or construct a new volume reduction plant or
transfer station located, or proposed to be located, within one-quarter mile of a child
day care center, as defined in subdivision (1) of subsection (a) of section 19a-77, in a
municipality with a population greater than one hundred thousand persons provided
such center is operating as of July 8, 1997. The commissioner may modify or renew a
permit for an existing volume reduction plant or transfer station, in accordance with the
provisions of this chapter, without regard to its location. In making a decision to grant
or deny a permit to construct an ash residue disposal area, the commissioner shall consider any provision which the applicant shall make for a double liner, a leachate collection or detection system and the cost of transportation and disposal of ash residue at the
site under consideration.
(b) No solid waste facility shall be built or established and no solid waste facility
without a permit to construct shall be altered after July 1, 1971, until the plan, design and
method of operation of such facility have been filed with the department and approved by
the commissioner by the issuance of a permit to construct, provided, nothing in this
chapter or chapter 446e shall be construed to limit the right of any local governing body
to regulate, through zoning, land usage for solid waste disposal. The commissioner shall
send a written notification of any application for a permit to construct to the chief elected
official of each municipality in which the proposed facility is to be located, within five
business days of the date on which any such application is filed.
(c) No solid waste facility for which a permit to construct is required shall be operated on and after June 16, 1985, except for performance testing approved by the commissioner, unless such facility has been issued a permit to operate. The commissioner may
issue such permit upon determination that the facility (1) will be operated in accordance
with applicable laws or regulations, (2) has been constructed in accordance with a permit
issued pursuant to subsection (b) of this section, and (3) has satisfactorily completed
any performance tests required by the commissioner. All operating facilities holding a
valid permit to construct on or before June 16, 1985, shall be issued a permit to operate
and shall be allowed to continue operations prior to the issuance of such permit to operate.
The commissioner shall allow any person who is lawfully disposing of ash residue within
a solid waste disposal area on April 1, 1994, to continue disposing of such residue within
such area until March 1, 1997, or until the issuance of a final permit to operate a new
lined ash landfill in Hartford.
(d) (1) Except as provided in subdivision (2) of this subsection, no solid waste
facility which holds a permit to construct shall be altered on and after June 16, 1985,
until the proposed plan, design and method of operation of the altered facility have been
filed with the commissioner and approved by him by issuance of a modified permit. For
the purposes of this section and sections 22a-208, 22a-208b, 22a-220a, 22a-225 and
22a-226, "alter" means (A) to change to any substantive degree the approved design,
capacity, process or operation of a solid waste facility holding a permit to construct,
and includes, but is not limited to, changes in the approved capacity or composition of
solid waste disposed of, processed, reduced, stored or recycled at the facility, or (B)
to change to any substantive degree the existing design, capacity, volume, process or
operation of a solid waste facility not holding a permit to construct and includes, but is
not limited to, changes in the volume or composition of solid waste disposed, stored,
processed, reduced or recycled at the facility.
(2) Changes in design, processes or operations, including the addition of thermal
oxidizers or other air pollution control equipment, made to mitigate, correct or abate
odors from a solid waste facility that is owned or operated by the Connecticut Resources
Recovery Authority and that contracts with more than fifty municipalities, shall not be
considered an alteration requiring a modified permit or minor permit amendment under
this chapter. In addition, notwithstanding any provision of the general statutes or regulation adopted pursuant to said statutes, any such change shall not be considered a modification or new stationary source requiring a permit to construct or operate under chapter
446c or under any regulation adopted pursuant to chapter 446c, unless such change is
a major modification or a major stationary source requiring a permit under the federal
Clean Air Act Amendments of 1990. Any person making any such change to an odor
control system at such a facility shall, not more than thirty days after making such
change, submit a written report to the commissioner fully describing the changes made
and the reason for such changes for the commissioner's review and comment. Nothing
in this subdivision shall affect the commissioner's authority to take any other action to
enforce the requirements of this title.
(e) The commissioner may hold a public hearing prior to approving or denying an
application if in his discretion the public interest will be best served thereby, and shall
hold a hearing upon receipt of a petition signed by at least twenty-five persons. The
commissioner may amend a permit to construct or to operate, without hearing, for minor
changes in the facility design, practices or equipment that would not in his judgment
significantly change the nature of the facility or its impact on the environment. Notwithstanding the provisions of this subsection, the commissioner shall conduct a public
hearing on an application for a permit to construct a new solid waste disposal area. Such
public hearing shall be commenced in the municipality in which the facility is to be
located or a location in close proximity to said municipality. Notwithstanding the provisions of this subsection, if a hearing has been held on and after July 1, 1993, on an
application for a permit to construct or alter a solid waste facility, the commissioner
shall not hold a hearing on an application for a permit to operate such facility.
(f) The qualifications of the operator or operators of any solid waste facility and any
person other than a municipality owning such a facility shall be subject to the approval of
the commissioner. The commissioner shall establish requirements for the presence of
approved operators at solid waste facilities. The commissioner may develop, offer or
sponsor training programs for operators of solid waste facilities and require participation
therein.
(g) Whenever the commissioner issues a permit to construct a solid waste facility,
he shall cause a certified copy thereof to be filed on the land records in the town wherein
the facility will be located.
(h) On and after July 1, 1996, fees required pursuant to this section shall be as
prescribed by regulations adopted by the commissioner in accordance with chapter 54.
In adopting regulations pursuant to this section the commissioner shall perform an evaluation of the actual costs necessary to process, review and render a decision on permit
applications reflecting the time, resource commitments and expenses to the Department
of Environmental Protection. A similar review shall be performed for annual fees sufficient to represent the actual time to perform and review routine inspections, perform
general monitoring of activities and perform appropriate follow-up on results of such
activities. For both application fees and annual fees, the commissioner shall include a
description of methods used to calculate the costs associated with similar categories of
activities in order to demonstrate that the fees for activities within any category are
equitable.
(i) (1) The commissioner may issue a general permit for a category of activities
which require a permit under this section, except for an activity which is already covered
by an individual permit, provided the issuance of the permit is not inconsistent with the
requirements of the federal Resource Conservation and Recovery Act. The commissioner's authority to issue a general permit for certain categories of solid waste facilities
shall not include the authority to issue a general permit for resources recovery facilities,
biomedical waste facilities, solid waste disposal areas or municipal solid waste composting facilities. Any person or municipality conducting an activity for which a general
permit has been issued shall not be required to obtain an individual permit under this
section, except as provided in subdivision (3) of this subsection. The general permit
may regulate a category of activities which (A) involve the same or substantially similar
types of operations, (B) involve the transfer, storage, processing or disposal of the same
types of substances, (C) require the same operating conditions or standards, and (D)
require the same or similar monitoring, and which in the opinion of the commissioner
are more appropriately controlled under a general permit than under an individual permit.
The general permit may require any person or municipality proposing to conduct any
activity under the general permit to register such activity with the commissioner before
it is covered by the general permit. Registration shall be on a form prescribed by the
commissioner.
(2) Notwithstanding any provisions of this section, or any regulations adopted thereunder, or of chapter 54, the following procedures shall apply to the issuance, renewal,
modification, revocation or suspension of a general permit. (A) A general permit shall
be issued for a term specified by the permit and shall clearly define the activity covered
thereby and may include such conditions and requirements as the commissioner deems
appropriate, including but not limited to, operation and maintenance requirements, management practices, and reporting requirements; (B) the commissioner shall publish notice of intent to issue a general permit in a newspaper having a substantial circulation
in the affected area; (C) there shall be a comment period of thirty days following publication of such notice during which interested persons may submit written comments to
the commissioner; and (D) the commissioner shall publish notice of the issuance or
decision not to issue a general permit in a newspaper having substantial circulation in
the affected area. The commissioner may revoke, suspend or modify a general permit
in accordance with the notice and comment procedures for issuance of a general permit
specified in this subsection. Any person may request that the commissioner issue, modify, suspend or revoke a general permit in accordance with this subsection.
(3) Subsequent to the issuance of a general permit, the commissioner may require
a person or municipality whose activity is or may be covered by the general permit to
apply for and obtain an individual permit pursuant to subsections (a), (b), (c) and (d) of
this section if he determines that an individual permit would better protect the land, air
and waters of the state from pollution. The commissioner may require an individual
permit under this subdivision in cases including, but not limited to the following: (A)
When the owner or operator is not in compliance with the conditions of the general
permit; (B) when a change has occurred in the availability of demonstrated technology
or practices for the control or abatement of pollution applicable to the activity; (C) when
circumstances have changed since the time of the issuance of the general permit so that
the activity is no longer appropriately controlled under the general permit, or either a
temporary or permanent reduction or elimination of the authorized activity is necessary;
or (D) when a relevant change has occurred in the applicability of the federal Resource
Conservation and Recovery Act. In making the determination to require an individual
permit, the commissioner may consider the location, character and size of the activity,
and any other relevant factors. The commissioner may require an individual permit
under this subdivision only if the affected person or municipality covered by the general
permit has been notified in writing that a permit application is required. This notice shall
include a brief statement of the reasons for this decision, an application form, a statement
setting a time for the person or municipality to file the application, and a statement that
on the effective date of the individual permit the general permit as it applies to the
individual permittee shall automatically terminate. The commissioner may grant an
extension of time upon the request of the applicant. The applicant shall use his best efforts
to obtain the individual permit. Any interested person or municipality may petition the
commissioner to take action under this subdivision.
(4) The commissioner may adopt regulations, in accordance with the provisions of
chapter 54, to carry out the purposes of this subsection.
(P.A. 85-334, S. 2, 8; 85-613, S. 147, 154; P.A. 86-403, S. 51, 132; P.A. 87-465, S. 2, 3; 87-531, S. 2, 6; 87-556, S. 1,
2; P.A. 89-386, S. 3, 24; P.A. 90-231, S. 8, 28; P.A. 91-251, S. 1, 3, 4; 91-369, S. 14, 15, 36; P.A. 92-162, S. 6, 25; May
Sp. Sess. P.A. 92-11, S. 48, 70; P.A. 93-428, S. 14, 39; P.A. 94-205, S. 3; P.A. 95-99, S. 1, 5; P.A. 97-124, S. 1, 16; 97-300, S. 2, 4; P.A. 00-23, S. 1, 2; May Sp. Sess. P.A. 04-2, S. 50.)
History: P.A. 85-613 amended Subsec. (b) to replace "for which a permit to construct is required" with "without a
permit to construct"; P.A. 86-403 made several technical changes and added Subsec. (h) concerning the denial of permits
to violators of state or federal environmental laws; P.A. 87-465 amended Subsec. (a) to require the commissioner until
July 1, 1989, to make a written determination of the need for a solid waste land disposal facility on former railroad property
and amended Subsec. (h) to extend provisions re conviction of violations to agent responsible for management practices
and to require consideration of applicants' and agents' compliance with environmental laws; P.A. 87-531 amended Subsec.
(a) to require the commissioner to consider the character of the neighborhood in granting or denying permits, amended
Subsec. (e) to require a public hearing on applications to construct solid waste land disposal facilities and amended Subsec.
(h) to extend provisions re conviction of violation of environmental laws to applications for the transfer of a permit; P.A.
87-556 added Subsec. (i) requiring the commissioner to make a written determination that a facility is necessary to meet
state solid waste disposal needs; P.A. 89-386 amended Subsec. (a) to require that resources recovery facilities have a plan
for disposal or recycling of ash residue and deleted Subsec. (i) concerning written determination of need by the commissioner; P.A. 90-231 amended Subsec. (a) to establish a schedule of application fees, provided that on and after July 1,
1995, the fees shall be prescribed by regulations, added Subsecs. (i) to (p), inclusive, re payment of annual fees by resources
recovery facilities, transfer stations, volume reduction plants, biomedical waste treatment facilities, wood-burning facilities,
solid waste disposal areas, solid waste disposal areas accepting bulky waste and generators of biomedical waste, respectively, and added Subsec. (q) re regulations establishing fees on and after July 1, 1995; P.A. 91-251 amended Subsec. (e)
to replace reference to "solid waste land disposal facility" with reference to "new solid waste disposal area", and to provide
for commencement of public hearings conducted under this section in the affected municipality or a location in close
proximity thereto and added Subsec. (r) concerning general permits for certain categories of activities; P.A. 91-369 amended
Subsec. (a) to restate commissioner's authority to adopt regulations setting the fees required by this section and amended
Subsec. (p) to modify the amount of biomedical waste generated annually which requires reporting under this section;
P.A. 92-162 amended Subsec. (e) to delete requirement that hearing be held on applications under this section for landfill
expansions; May Sp. Sess. P.A. 92-11 amended Subsec. (a) to require the commissioner, in making a decision to grant or
deny a permit to construct an ash residue disposal area, to consider any provision for a double liner, leachate collection or
detection system and the cost of transportation and disposal of ash residue at the site under consideration; P.A. 93-428
amended Subsec. (e) to delete a requirement for hearings on permits to operate for facilities which have had a hearing on
a permit to construct on or after July 1, 1993, effective July 1, 1993; P.A. 94-205 amended Subsec. (c) to include provision
re ash landfill in Hartford and deleted former Subsec. (h) re review of permit applicant's compliance history, relettering
remaining Subsecs. as necessary; P.A. 95-99 amended Subsec. (p) to delay until July 1, 1996, a provision authorizing fees
to be set by regulation and to require an evaluation of the costs of rendering decisions on permit applications and an
evaluation of annual fees, effective July 1, 1995; P.A. 97-124 deleted provisions in Subsec. (a) and former Subsecs. (h) to
(o), inclusive, re amounts of fees for permits under this section and redesignated Subsecs. (p) and (q) as Subsecs. (h) and
(i), effective June 6, 1997; P.A. 97-300 amended Subsec. (a) to prohibit establishment or construction of a new volume
reduction plant or transfer station within one-quarter mile of a child day care center in a municipality with a population
greater than one hundred thousand persons, effective July 8, 1997; P.A. 00-23 amended Subsec. (d) by designating existing
language as Subdiv. (1), making conforming changes therein, and inserting new Subdiv. (2) re changes to mitigate, correct
or abate odors from solid waste facility owned or operated by the Connecticut Resources Recovery Authority, effective
April 25, 2000; May Sp. Sess. P.A. 04-2 amended Subsec. (a) to require commissioner to consider whether new transfer
station will result in disproportionately high adverse human health or environmental effects and to make a technical change.
See Sec. 22a-6m re review of permit applicant's compliance history.
See Sec. 22a-6n re notice of commissioner's determination regarding application under this section.
See Sec. 22a-6z re regulations implementing Subtitle C of the Resource Conservation and Recovery Act of 1976.
See Sec. 22a-27i re exemption of municipality for one year.
See Sec. 22a-208l re wood-burning facilities.
Cited. 215 C. 82, 124. Cited. 218 C. 821, 823. Cited. 226 C. 205, 209, 210, 212, 214. Cited. 227 C. 175, 190, 192. P.A.
89-386 cited. Id. Cited. 233 C. 486, 489, 491, 497. Cited. 234 C. 312, 315, 316, 320. Whether statute accords with due
process and equal protection was not properly reserved. 247 C. 751.
Cited. 17 CA 17, 18; judgment reversed, see 21 C. 570 et seq. As creature of the state, a town or city may not challenge
an agency's duly enacted regulations on constitutional grounds. 62 CA 816.
Subsec. (a):
Cited. 215 C. 82, 89. Cited. 218 C. 821, 829. 1997 amendment prohibiting establishment or construction of new plant
or station within 1/4 mile of day care center operating as of July 8, 1997, in municipality with population greater than
100,000 persons violates right to equal protection guaranteed by Connecticut constitution, Article first, secs. 1 and 20 by
creating classifications unrelated to legitimate state interest. 257 C. 429.
Subsec. (b):
Cited. 215 C. 82, 89. Cited. 218 C. 580, 583-587, 589, 590, 594, 599. Cited. 225 C. 731, 754. Cited. 226 C. 205, 206.
Cited. 234 C. 221, 233-235, 258.
Overrode local zoning only as to property owned by Connecticut resources recovery authority. Judgment of appellate
court in 17 CA 17 et seq., reversed, see 212 C. 570, 574, 577-580, 582.
Subsec. (c):
Cited. 215 C. 82, 89. Cited. 218 C. 580, 581, 583-587, 589, 590, 594.
Subsec. (d):
Cited. 234 C. 221, 226, 234.
Subsec. (e):
Cited. 234 C. 312, 315.
Sec. 22a-208b. Zoning or council approval of disposal areas. The Commissioner of Environmental Protection may issue a permit to construct a facility for the
land disposal of solid waste pursuant to section 22a-208a, provided (1) the applicant
submits to the commissioner a copy of a valid certificate of zoning approval, special
permit, special exception or variance, or other documentation, establishing that the facility complies with the zoning requirements adopted by the municipality in which such
facility is located pursuant to chapter 124 or any special act or (2) the council has approved a negotiated agreement or issued an arbitration award in accordance with section
22a-285g.
(P.A. 85-334, S. 6, 8; P.A. 86-403, S. 52, 132; P.A. 87-465, S. 1, 3; P.A. 89-384, S. 4, 15.)
History: P.A. 86-403 made technical change, substituting reference to Sec. 22a-208a for reference to Sec. 22a-208;
P.A. 87-465 limited provisions to solid waste land disposal facilities; P.A. 89-384 required that council approve a negotiated
agreement or issue an arbitration award before commissioner issues permit.
See Sec. 22a-285 for definition of "council".
Cited. 215 C. 82, 124. Cited. 225 C. 731, 737.
Cited. 17 CA 17, 18, 25; judgment reversed, see 212 C. 570 et seq. Cited. 21 CA 85-90.
Sec. 22a-208c. Permit required to receive, dispose of, process or transport
solid waste. No person shall receive, dispose of, or process solid waste or transport
solid waste for disposal or processing at any solid waste facility, volume reduction
plant, solid waste disposal area, recycling facility or recycling center, transfer station
or biomedical waste facility unless such facility, plant, area, center or station complies
with the provisions of section 22a-208a.
(P.A. 89-386, S. 2, 24.)
Cited. 227 C. 175, 193. P.A. 89-386 cited. Id.
Sec. 22a-208d. Written determination of need for resources recovery facility,
composting facility or ash residue disposal area. (a) On and after July 1, 1989, the
Commissioner of Environmental Protection shall not issue a permit under section 22a-208a to construct or expand a resources recovery facility or a mixed municipal solid
waste composting facility where any mixed municipal solid waste will be processed
or a disposal area for ash residue generated by resources recovery facilities or mixed
municipal solid waste unless said commissioner makes a written determination that such
facility or disposal area is necessary to meet the solid waste disposal needs of the state
and will not result in substantial excess capacity of resources recovery facilities, disposal
areas or mixed municipal solid waste composting facilities.
(b) The commissioner shall publish, at the expense of the applicant, notice of the
preliminary determination of need for the proposed facility or disposal area in a newspaper having a substantial circulation in the area affected. Publication shall be within sixty
days of determination by the commissioner that the application is complete. Any person
may submit written comments on the preliminary determination of need in the same
manner as provided by the commissioner for the submission of comments on the application. The commissioner shall not make a final determination of need for the facility or
disposal area unless a permit is issued. A preliminary determination of need shall be
void if a permit is not issued. As used in this section, "preliminary determination of
need" means a statement by the commissioner of the need for a resources recovery
facility, a mixed municipal solid waste composting facility or disposal area during the
pendency of an application to construct such facility or area.
(c) (1) The applicant for a permit to construct or expand a resources recovery facility or a mixed municipal solid waste composting facility requiring a determination of
need under subsection (a) shall provide such information as the commissioner deems
necessary, including but not limited to:
(A) The design capacity of the proposed facility;
(B) The planned operating rate and throughput for the facility;
(C) An explanation of any difference between the information provided under subdivisions (A) and (B);
(D) The estimated amount of the following: (i) The mixed municipal solid waste
generated by and received from each municipality and other customers that will send
waste to the facility, in tons per day evidenced by contracts or letters of intent, (ii)
the mixed municipal solid waste to be recycled pursuant to regulations adopted by the
commissioner under section 22a-241b and (iii) change in the amount of mixed municipal
solid waste generated because of population growth, waste generation, source reduction
and industrial and commercial development over the design life of the facility. Information submitted under this subdivision shall include the methodology used to determine
the estimates;
(E) A contingency plan for use of facility capacity if throughput declines or increases by at least ten per cent from the throughput estimated in the application;
(F) An analysis of reasonable levels of reserve capacity for seasonal peaks and
unexpected facility outages;
(G) The capability of the applicant to complete the project;
(H) The technical feasibility of the proposed facility; and
(I) A demonstration that the throughput capacity of the proposed facility, when
combined with the throughput capacity of all other resources recovery facilities with
permits to construct under the provisions of section 22a-208a, existing resources recovery facilities with construction permits to expand and mixed municipal solid waste composting facilities, shall not exceed the total throughput capacity of resources recovery
facilities and mixed municipal solid waste composting facilities needed to process waste
generated in the state as set forth in the solid waste management plan adopted pursuant
to section 22a-228.
(2) In making the determination required under this section, the commissioner shall
consider the information submitted under subdivision (1) of this subsection, the current
and anticipated availability of throughput capacity for mixed municipal solid waste at
resources recovery facilities, mixed municipal solid waste composting facilities, land
disposal areas, recycling facilities and other facilities that process or dispose of mixed
municipal solid waste that have obtained all necessary permits to construct and any
other information the commissioner deems pertinent and shall insure that no waste is
accounted for more than once as a result of transfer from one vehicle or facility to another
or for any other reason.
(d) (1) The applicant for a permit to construct a disposal area for ash residue generated by resources recovery facilities or mixed municipal solid wastes which requires a
certificate of need under subsection (a) of this section shall submit such information as
the commissioner deems necessary, including but not limited to, (A) the name of the
resources recovery facilities or municipalities to be served by the disposal area; (B) the
transportation system needed to serve the disposal area; (C) the available capacity of
other disposal areas for ash residue or mixed municipal solid waste in the state that
have obtained all necessary permits to construct; and (D) the design capacity of the
disposal area.
(2) In making the determination required under this subsection, the commissioner
shall consider the information submitted pursuant to subdivision (1) of this subsection
and any other information the commissioner deems pertinent.
(e) The provisions of this section shall apply to any application for a permit under
section 22a-208a for a resources recovery facility, for a disposal area for ash residue
generated by resources recovery facilities, for a mixed municipal solid waste composting
facility or for a disposal area for mixed municipal solid wastes which is pending on or
submitted after July 1, 1989.
(f) This section shall not apply to an application for a permit or permit modifications
of any resources recovery facility operating as of June 30, 1993, provided there is no
expansion after that date of the facility's boilers or waste handling and processing equipment. Any such facility shall comply with all applicable environmental laws and regulations. Nothing in this subsection and no action taken by the commissioner pursuant
hereto shall validate or invalidate any permit or determination of need issued or approved
prior to June 30, 1993, for any resources recovery facility not operating as of that date, or
otherwise affect any action of the commissioner, proceedings or judicial review relating
thereto, pending on or commenced after that date.
(P.A. 89-386, S. 4, 24; P.A. 91-293, S. 3, 9; P.A. 92-162, S. 21, 25; May Sp. Sess. P.A. 92-11, S. 47, 70; P.A. 93-372,
S. 3, 4.)
History: P.A. 91-293 applied provisions of section to mixed municipal waste composting facilities; P.A. 92-162 amended
Subsec. (d) to add leachate control systems and cost of transportation of ash residue as considerations the commissioner
must make under this section before making the determination of need; May Sp. Sess. 92-11 deleted provisions enacted
by public act 92-162 except for substitution of "section" for "subsection" in Subdiv. (2); P.A. 93-372 added Subsec. (f)
exempting certain facilities from the provisions of the section requiring a certificate of need to modify the facility, effective
June 30, 1993; (Revisor's note: In 1999 the word "the" preceding the reference to June 30, 1993, in Subsec. (f) was deleted
editorially by the Revisors to correct a clerical error).
See Sec. 22a-207a for definition of "composting", "mixed municipal solid waste" and "mixed municipal solid waste
composting facility" applicable to this section.
Cited. 233 C. 486, 490, 491, 496. Cited. 234 C. 312, 315.
Subsec. (a):
Cited. 233 C. 486, 494, 497. Cited. 234 C. 312, 314, 317.
Subsec. (b):
Cited. 234 C. 312, 315.
Subsec. (c):
Subdiv. (1)(D)(i) cited. 233 C. 486, 501.
Subsec. (e):
Cited. 233 C. 486, 497.
Sec. 22a-208e. Quarterly reports by owners or operators of resources recovery facilities and recycling facilities. Deliveries to out-of-state facilities. (a) The
owner or operator of each resources recovery facility and each solid waste disposal area
shall submit a report to the Commissioner of Environmental Protection quarterly with
respect to the calendar quarter beginning on October 1, 1989, and each calendar quarter
thereafter, on or before the last day of the month immediately following the end of each
quarter. Such report shall be on a form prescribed by the commissioner and shall provide
such information the commissioner deems necessary, including but not limited to, the
amount of solid waste, by weight or other method acceptable to the commissioner,
received from each municipal or other customer. Such report shall also include for each
Connecticut municipality the total amount of solid waste originating therefrom. The
owner or operator shall submit to each such municipality a copy of all such information
pertaining to the municipality. If precise data are not available, the owner or operator
may use a method of estimating acceptable to the commissioner.
(b) The commissioner may require the owner or operator of any other solid waste
facility and, consistent with the requirements of subsection (c) of this section and section
22a-208f, the owner or operator of any recycling facility to report the information specified in subsection (a) in the manner set forth in said subsection. Such requirement shall
be made by written notification to the owner or operator of the facility.
(c) The owner or operator of any recycling facility which receives for processing
or sale the following items generated from within the boundaries of a Connecticut municipality: (1) Cardboard, (2) glass, food and beverage containers, (3) leaves, (4) metal
food and beverage containers, (5) newspapers, (6) storage batteries, (7) waste oil, (8)
plastic food and beverage containers, and (9) office paper, shall report for each such
item the information specified in subsection (a) of this section in the manner set forth
in said subsection. If a municipality or collector of recyclable items delivers any of the
items listed in this subsection to a recycling facility which is not located in this state,
such municipality or collector shall notify the commissioner of the name and address
of the owner or operator of such facility and shall ensure, by contract, that such facility
has notice of and complies with the reporting requirements of this section. As used in
this section, "office paper" means used or discarded white or manila paper including,
but not limited to, paper utilized for file folders, tab cards, writing, typing, printing,
computer printing and photocopying, which paper is suitable for recycling, but does not
mean office paper generated by households.
(P.A. 89-386, S. 5, 24; P.A. 90-220, S. 8, 11; P.A. 93-423, S. 4; P.A. 96-163, S. 4.)
History: P.A. 90-220 amended Subsec. (a) to require the report to include the amount of solid waste originating in each
municipality and to require that a copy be sent to each such municipality, amended Subsec. (b) to require the owner or
operator of a solid waste facility or recycling facility to submit the required information, and added Subsec. (c) re reporting
by owner or operator of recycling facility and delivery of items to out-of-state facility; P.A. 93-423 amended Subsec. (c)
to delete a limitation re reports concerning waste from residential properties; P.A. 96-163 amended Subsec. (c) to require
reporting of information re office paper received by resources recovery facilities.
Sec. 22a-208f. Scrap metal processor exempt from permit requirement. Notwithstanding the provisions of section 22a-208a, a scrap metal processor, as described
in section 14-67w, shall not be required to obtain a permit under said section 22a-208a
if on or before July 1, 1990, and annually on March thirty-first thereafter, he submits
to the Commissioner of Environmental Protection, on a form prescribed by the commissioner, the amount of scrap metals purchased or received from any municipality, municipal or regional authority, the state or any political subdivision of the state listed by town
of origin. He shall also send to each Connecticut municipality included in such listing
a copy of such information pertaining to the municipality.
(P.A. 89-386, S. 9, 24; P.A. 90-220, S. 9, 11; P.A. 96-180, S. 78, 166.)
History: P.A. 90-220 specified that all reports after the initial report shall be submitted on March 31 and required the
dealer to send to each municipality included in the report a copy of information pertaining to such municipality; P.A. 96-180 corrected an internal section reference, effective June 3, 1996.
Sec. 22a-208g. Plan for disposal or recycling of ash residue generated by municipal solid waste incinerators or resources recovery facility. Regulations. The
owner or operator of each municipal solid waste incinerator or resources recovery facility shall prepare and submit to the Commissioner of Environmental Protection for his
approval a plan for the disposal or recycling of ash residue generated at such incinerator
or facility for a period of five years from the date of such plan. The owner or operator
of the incinerator or facility shall commence implementation of the plan not more than
one year after its approval. As used in this section, "implementation" means negotiation
for landfill space or landfill acquisition, application for any required permits or negotiation for ash residue recycling. The commissioner shall adopt regulations, in accordance
with the provisions of chapter 54, to establish the requirements of any plan required to
be submitted under this section.
(P.A. 89-386, S. 10, 24; P.A. 92-162, S. 22, 25.)
History: P.A. 92-162 added requirement that regulations be adopted to establish requirements of plans to be submitted
under this section.
Sec. 22a-208h. Identification of solid waste facilities with capacity to accept
municipal solid waste. The Commissioner of Environmental Protection, upon request
of the chief executive officer of a municipality with no available landfill or contract for
the disposal of municipal solid waste at a waste-to-energy plant or incinerator, shall
identify solid waste facilities with the capacity to accept the municipal solid waste generated by such municipality.
(P.A. 89-386, S. 11, 24.)
Sec. 22a-208i. Composting of leaves. Regulations. Certain recycling facilities
exempt from requirement of permit for solid waste facility. (a) Notwithstanding any
provision of this chapter, or chapter 446e or 446k, any facility where the sole business
or activity conducted is composting of leaves shall be exempt from the requirements of
sections 22a-208a and 22a-430. The commissioner may adopt regulations in accordance
with the provisions of chapter 54 concerning facilities for the composting of leaves. Such
regulations shall, without limitation, provide for the design, operation and monitoring of
and reporting from such facilities.
(b) The commissioner may, by regulations adopted in accordance with chapter 54,
exempt categories or classes of recycling facilities from the requirements of said section
22a-208a or 22a-430 provided such exemption would not adversely affect the environment and would advance the objectives of the solid waste management plan adopted
and revised under sections 22a-228 and 22a-241a and the municipal solid waste recycling plan adopted under section 22a-241. No person or municipality may operate or
continue to operate a recycling facility without permits issued under said section 22a-208a or 22a-430 unless such person or municipality first files with the commissioner a
written request for exemption under the regulations adopted under this section.
(c) The provisions of subsection (a) exempting facilities composting leaves and the
provisions of subsection (b) exempting recycling facilities from the requirements of
section 22a-208a shall not be construed to relieve such facilities from the obligation to
comply with any other provision of this chapter or chapter 446e, including but not limited
to, operational requirements and other applicable requirements of regulations adopted
under section 22a-209.
(P.A. 89-386, S. 13, 24.)
Sec. 22a-208j. Moratorium on permits for wood-burning facilities. The Commissioner of Environmental Protection shall not issue a permit for a wood-burning facility under the provisions of section 22a-208a or 22a-174 until January 1, 1990. The
provisions of this section shall apply to any application pending on July 5, 1989.
(P.A. 89-386, S. 17, 24.)
Sec. 22a-208k. Demolition debris disposed of at wood-burning facilities. Any
demolition debris disposed of at a wood-burning facility shall be limited to demolition
debris generated in the state.
(P.A. 89-386, S. 18, 24.)
Sec. 22a-208l. Wood-burning facility. Types of wood to be burned. Any wood-burning facility, as defined in subdivision (24) of section 22a-207 which holds a permit
pursuant to the provisions of section 22a-208a or sections 22a-174, 22a-430 or 22a-368,
shall only burn recycled wood, wood from silvicultural, landscaping, land conversion
or land clearing activities, sawmill, tree service, or pulpwood production operations,
including raw wood chips, chipped clean pallets, clean saw dust or mill scraps, clean,
untreated construction lumber scraps, or chipped land clearing debris such as tree trimmings, chipped whole trees or chipped stumps and tree roots. For purposes of this section,
"recycled wood" means any wood or wood fuel which is derived from such products
or processes as pallets, skids, spools, packaging materials, bulky wood waste, or scraps
from newly built wood products, provided such wood is not treated wood or demolition
wood.
(P.A. 90-264, S. 1, 8.)
Sec. 22a-208m. Regulations. Section 22a-208m is repealed, effective July 1,
1995.
(P.A. 90-264, S. 4, 8; P.A. 92-162, S. 7, 25; P.A. 95-99, S. 4, 5.)
Sec. 22a-208n. Wood-burning facility. Ambient air quality sampling. Air
emissions monitoring. Any wood-burning facility holding a permit pursuant to the
provisions of section 22a-174 shall: (1) Conduct ambient air quality sampling prior to
the commencement of construction unless the computer modeling for the facility's air
permit is based on existing ambient air quality data for the community in which the
facility will be located or on the worst ambient air quality data monitored at any single
location in this state; and (2) shall conduct continuous air emissions monitoring while
in operation.
(P.A. 90-264, S. 5, 8.)
Sec. 22a-208o. Permits. Use of groundwater and surface waters for cooling
tower use. No permit for a wood-burning facility pursuant to section 22a-430 or 22a-368 shall be granted unless the Commissioner of Environmental Protection considers
alternatives to the use of groundwater and surface waters for cooling tower use, including
requiring the facility to utilize dry cooling or processed water from sewage treatment
plants.
(P.A. 90-264, S. 6, 8.)
Sec. 22a-208p. Location of wood-burning facility in area classified "GC".
Conditions. Appeal. (a) No wood-burning facility constructed after June 8, 1990, and
utilizing wet cooling may be located in any area other than an area classified "GC" by
the Water Quality Standards unless the Commissioner of Environmental Protection
finds that such use of the water is its highest and best use as measured against other
existing or potential future competing uses and all of the following conditions are met:
(1) The facility has obtained a water diversion permit in accordance with sections 22a-365 to 22a-378, inclusive; (2) the facility has obtained wastewater discharge and
stormwater discharge permits in accordance with section 22a-430; (3) no discharge of
wastewater to groundwater is permitted; (4) an environmental impact report is filed
before the close of the record for consideration in the commissioner's decision under
section 22a-373 which (A) considers the effect of the diversion on present and future
water uses in the area of the facility, (B) includes a plan for mitigating water supply
conflicts caused by the diversion in the area of the plant for a minimum of twenty-five years, and (C) analyzes the alternative solutions to the water cooling requirements
including a comparative cost analysis of the proposed water cooled system relative to
other measures including dry cooling; (5) the facility derives at least eighty per cent of its
cooling water from surface water sources either directly or through induced infiltration
to a groundwater well or from processed water from sewage treatment plants; (6) the
Commissioner of Environmental Protection determines that the use of alternatives to
the proposed water cooled system would clearly pose a greater threat to the environment;
and (7) the Commissioner of Environmental Protection determines that the use of a
water cooled system will not affect the availability of potable water to support present
and future domestic and industrial needs in the affected area. In determining future water
needs, the commissioner shall determine such needs for a period equal to twenty-five
years. In making a decision on highest and best use the commissioner shall consider,
among other factors he deems relevant, the designated uses for the classification of
water involved as outlined in the state's water quality standards.
(b) The wood-burning facility shall have the burden of proving it has met all of the
requirements and conditions set forth in this section. Any person aggrieved by a decision
of the Commissioner of Environmental Protection pursuant to this section may appeal
pursuant to section 4-183.
(P.A. 90-264, S. 7, 8.)
Sec. 22a-208q. Composting product. Presegregation. Regulations. (a) The
Commissioner of Environmental Protection shall require as a condition for granting a
permit under section 22a-208a to construct or expand a mixed municipal solid waste
composting facility, that items containing hazardous household chemicals or other items
deemed by the commissioner to be potential contaminants of the composting product,
are presegregated or separated at the source of their generation and are disposed of
separately as part of a household hazardous waste collection and disposal program approved by the commissioner.
(b) The Commissioner of Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54 and in consultation with the Connecticut
Agricultural Experiment Station and the Department of Public Health, to provide specifications for the production, quality and use of compost made from mixed municipal solid
waste. Such regulations shall promote composting processes which provide a clean,
high-quality, nontoxic and marketable end product and shall provide for the protection
of land and water resources from contaminants and the prevention of adverse environmental and public health effects resulting from the composting operations or product
application. Such regulations shall provide for maximum allowable levels of toxic contaminants and other contaminants in the composting product and shall include testing
criteria for such contaminants and establish at least two classes of compost made from
mixed municipal solid waste: (1) Class I compost made only from compostable organic
materials such as food waste, grass clippings and yard waste, which materials have been
separated from municipal solid waste at the source of generation, and (2) class II compost
made from mixed municipal solid waste which contains compostable organic materials
which have not been separated at the source of generation. The maximum allowable
contaminant levels established for class I compost shall be at such a level as will allow
unrestricted use of the compost. Such regulations shall not allow class II compost to be
used for agricultural or horticultural purposes, unless the class II compost meets the
maximum allowable contaminant levels established for class I compost, as determined
by testing criteria established pursuant to this section.
(P.A. 91-293, S. 4, 9; P.A. 93-381, S. 9, 39; P.A. 95-99, S. 2, 5; 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced department of health services with department of public health and addiction services,
effective July 1, 1993; P.A. 95-99 amended Subsec. (b) to make adoption of regulations discretionary instead of mandatory,
effective July 1, 1995; 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.
See Sec. 22a-207a for definition of "composting", "mixed municipal solid waste" and "mixed municipal solid waste
composting facility" applicable to this section.
Sec. 22a-208r. Model demonstration composting facility. Section 22a-208r is
repealed, effective July 1, 1995.
(P.A. 91-293, S. 5, 9; P.A. 95-99, S. 4, 5.)
Secs. 22a-208s to 22a-208u. Definitions applicable to sections 22a-208s to 22a-208u, inclusive. Rescission of contract by cooperating developer of wood-burning
facility. Payments by electric public service company includable as part of rate
base. Sections 22a-208s to 22a-208u, inclusive, are repealed.
(May Sp. Sess. P.A. 92-13, S. 14-16, 18; P.A. 96-163, S. 9.)
Sec. 22a-208v. Grass clippings prohibited from disposal at resources recovery
facilities or solid waste facilities. (a) On and after October 1, 1995, the Commissioner of
Environmental Protection, and on and after October 1, 1997, the Connecticut Resources
Recovery Authority, shall provide for a program of public information to promote the
recycling of grass clippings by composting at the property where the grass clippings
are generated, by allowing the grass clippings to decompose in place or by composting
grass clippings at a municipal or commercial composting facility.
(b) The commissioner shall authorize pilot projects, according to standards or guidelines he deems appropriate, under which municipalities may provide for the composting
of grass clippings. The commissioner may adopt regulations, in accordance with the
provisions of chapter 54, to establish composting of grass clippings at the property where
such clippings were generated as the preferred method of disposal, or at a commercial
composting facility, and to allow municipalities to compost grass clippings.
(c) After October 1, 1998, or six months after the commissioner adopts such regulations, whichever is sooner, no resources recovery facility or solid waste facility permitted
under this chapter, other than a municipal or commercial composting facility, may accept
significant quantities of grass clippings for disposal.
(P.A. 93-423, S. 2; P.A. 95-324, S. 6; P.A. 97-102, S. 1; P.A. 98-99, S. 3.)
History: P.A. 95-324 amended Subsec. (a) to delete a prohibition on disposal of grass clippings at solid waste facilities
after October 1, 1995, and to include disposal at a municipal or commercial composting facility as a disposal option, added
new Subsec. (b) re pilot projects and regulations, and added Subsec. (c) re a prohibition on disposal of grass clippings at
solid waste facilities after October 1, 1997, or within six months of adoption of regulations; P.A. 97-102 amended Subsec.
(a) to require the Connecticut Resources Recovery Authority to provide for a program of public information re recycling
of grass clippings and amended Subsec. (c) to extend the date on which grass clippings are prohibited from certain solid
waste facilities; P.A. 98-99 amended Subsec. (c) to prohibit disposal of significant quantities of grass clippings at certain
facilities.
Sec. 22a-208w. Information re recycling credit. The Commissioner of Environmental Protection shall inform municipal governments of any procedures used by said
commissioner to provide credit to municipalities for the recycling of grass clippings
and for the recycling of spoiled vegetable food collected from retail food stores.
(P.A. 96-80, S. 2.)
Sec. 22a-208x. Disposal options for certain types of bulky waste. (a) As used
in this section and section 22a-208y, (1) "construction and demolition waste" means
waste building materials and packaging resulting from construction, remodeling, repair
and demolition operations on houses, commercial buildings and other structures, excluding asbestos, clean fill, as defined in regulations adopted under section 22a-209, or solid
waste containing greater than de minimis quantities, as determined by the Commissioner
of Environmental Protection, of (A) radioactive material regulated pursuant to section
22a-148, (B) hazardous waste as defined in section 22a-115, and (C) liquid and semiliquid materials, including, but not limited to, adhesives, paints, coatings, sealants, preservatives, strippers, cleaning agents, oils and tars; and (2) "processed construction and
demolition wood" means the wood portion of construction and demolition waste which
has been sorted to remove plastics, plaster, gypsum wallboard, asbestos, asphalt shingles, regulated wood fuel as defined in section 22a-209a and wood which contains
creosote or to which pesticides have been applied or which contains substances defined
as hazardous waste under section 22a-115.
(b) Construction and demolition waste which does not constitute processed construction and demolition wood may be disposed of at (1) any solid waste disposal area
for which a permit has been issued for the disposal of bulky waste or (2) a municipal
solid waste landfill. Processed construction and demolition wood may be disposed of
at a resources recovery facility in accordance with section 22a-208y or at a permitted
municipal solid waste landfill or any solid waste disposal area for which a permit has
been issued for the disposal of bulky waste.
(c) Construction or demolition wood generated at a residence, other than wood that
has been pressure-treated or that otherwise contains arsenic, furniture, mattresses and
rugs or any such waste which has been crushed, chopped, shredded or otherwise processed shall be considered municipal solid waste and may be disposed of at any solid
waste disposal area for which a solid waste permit has been issued for the disposal of
bulky waste, or at a resources recovery facility or municipal solid waste landfill.
(P.A. 96-103, S. 1; P.A. 00-29, S. 1, 2.)
History: (Revisor's note: In Subsec. (c) the Revisors editorially added an "or" before "at a resources ..." in the phrase
"... for the disposal of bulky waste, or at a resources recovery ..."); P.A. 00-29 amended Subsec. (c) by adding provision
re construction or demolition wood generated at a residence that is not pressure-treated or arsenic-containing and specifying
that enumerated waste material shall be considered municipal solid waste, effective May 1, 2000.
Sec. 22a-208y. Resources recovery facility plan for disposal of special waste
and processed construction and demolition waste. The person holding the permit
for a resources recovery facility may submit to the Commissioner of Environmental
Protection a plan for the acceptance and disposal of special waste or processed construction and demolition wood at such facility. For purposes of this section, "special waste"
shall have the meaning provided in regulations adopted by said commissioner under this
chapter. Such plan shall identify special waste or processed construction and demolition
wood which can be subject to uniform procedures for screening, testing, acceptance,
recordkeeping, handling and disposal and shall include the rate at which such waste
shall be processed. The commissioner shall review any plan submitted according to this
section and shall approve or deny such plan. If accepted, compliance with such plan
may constitute the special waste authorization from said commissioner which would
otherwise be required for waste which meets the criteria of the plan.
(P.A. 96-103, S. 2.)
Sec. 22a-208z. Use of crushed recycled glass as cover material. (a) As used in
this section, "crushed recycled glass" means glass food or beverage containers and less
than five per cent, by volume, of other solid waste materials, including plastic, metal
and paper that (1) have been combined by processing source-separated recyclable solid
waste at an intermediate processing facility; (2) cannot be marketed as a cullet for remelt;
(3) have components that measure not greater than three-eighths of an inch in diameter;
and (4) are virtually inert and pose neither a pollution threat to ground or surface waters
nor a fire hazard.
(b) An owner or operator of a solid waste facility, as defined in section 22a-207,
may use crushed recycled glass as cover material, as defined in the regulations adopted
pursuant to section 22a-209.
(c) A person may use crushed recycled glass as fill material, including, but not
limited to, aggregate for asphalt or concrete or any other subgrade construction application in which such glass would serve as a substitute for sand or stone aggregate, provided
such glass would not constitute greater than ten per cent, by volume, of clean fill, as
defined in the regulations adopted pursuant to section 22a-209.
(P.A. 02-11, S. 1; P.A. 03-65, S. 1; P.A. 04-109, S. 7.)
History: P.A. 03-65 added Subsec. (a) defining "crushed recycled glass", designated existing provisions as Subsec. (b)
and added Subsec. (c) re use of crushed recycled glass as fill material, effective June 3, 2003; P.A. 04-109 made technical
changes in Subsecs. (a) and (c), effective May 21, 2004.
Sec. 22a-209. (Formerly Sec. 19-524c). Regulations. The commissioner shall
promulgate regulations governing solid waste management, and permits, as provided
for in section 22a-208a, shall be conditioned upon conformance with such regulations
as well as applicable laws.
(1971, P.A. 845, S. 3; P.A. 86-403, S. 53, 132.)
History: Sec. 19-524c transferred to Sec. 22a-209 in 1983; P.A. 86-403 made technical change, substituting reference
to Sec. 22a-208a for reference to Sec. 22a-208.
See Sec. 22a-6z re regulations implementing Subtitle C of the Resource Conservation and Recovery Act of 1976.
Annotation to former section 19-524c:
Cited. 168 C. 278.
Annotations to present section:
Cited. 218 C. 580, 597; Id., 821, 829.
Cited. 17 CA 17, 18, 25; judgment reversed, see 212 C. 570 et seq.
Sec. 22a-209a. Certain processed wood and wood fuel excluded from regulation as solid waste. (a) As used in this section:
(1) "Recycled wood" means any wood or wood fuel which is derived from such
products or processes as pallets, skids, spools, packaging materials, bulky wood waste
or scraps from newly built wood products, provided such wood is not treated wood;
(2) "Treated wood" means wood which contains an adhesive, paint, stain, fire retardant, pesticide or preservative;
(3) "Processed wood" means recycled wood or treated wood or any combination
thereof which has been processed at a volume reduction facility permitted under this
chapter;
(4) "Regulated wood fuel" means processed wood from construction and demolition activities which has been sorted to remove plastics, plaster, gypsum wallboard,
asbestos, asphalt shingles and wood which contains creosote or to which pesticides have
been applied or which contains substance