You asked for background information regarding Proposed House Bill (PHB) 5073. In particular you asked for information on similar bills from prior sessions.

SUMMARY

PHB 5073 requires the state to comply with local planning, zoning, building, fire and environmental codes when siting construction and demolition (C & D) debris disposal sites. Current law explicitly requires local approval for the siting of solid waste disposal facilities, however, whether or not a C & D disposal site constitutes a solid waste disposal facility depends on the type of debris and the environmental hazards they pose.

If the C & D material falls under the Department of Environmental Protection (DEP) classification for solid waste, the site must comply with local zoning and state solid waste management statutes and regulations. If the C & D material does not constitute solid waste the site does not have to comply with these requirements, but it may still have to comply with any conditions imposed on the project as a result of the environmental review required for all state projects. PHB 5073 requires all sites, regardless of type of debris they contain, to obtain local approval. We could find no bills from prior sessions imposing a similar blanket requirement.

C & D DEBRIS MATERIAL CLASSIFICATIONS

The requirements for siting of C & D debris disposal sites depend on the composition of the debris. Highway C & D waste is typically composed of asphalt, concrete, steel, brick, block, rock and related wastes. Materials such as brick, rock, and excess dirt are considered “clean fill” and are exempt from solid waste regulations. (C. G. S. § 22a-209) By contrast, materials like steel, insulation foam padding, and wallboard are considered either bulky or municipal waste. Consequently, they are subject to statute and regulation issued pursuant to C. G. S. § 22a-207 et seq.

APPROVAL FOR SITING SPECIFIED STATE FACILITIES

If the C & D material qualifies as solid waste, then the site must first be approved by the town's zoning commission (C. G. S. § 22a-208b). The commission may approve the site by issuing a variance or a special permit. Once this has been obtained, the commissioner may issue a permit allowing the facility to be built. In determining whether or not to issue a permit, the DEP commissioner must consider how the site could affect human health, the environment, and “the character of the neighborhood. ” Based on these considerations, the commissioner may impose requirements for hours and routes of truck traffic, security, or fencing (C. G. S. § 22a-208 et seq. ).

SITING REQUIREMENTS UNDER THE ENVIRONMENTAL POLICY ACT

Sites containing non-solid waste material, such as highway construction debris, do not require local zoning approval or DEP permits. However the site may have to comply with conditions imposed as a result of an environmental review. By law, all state projects with a potential environmental impact must comply with the Connecticut Environmental Policy Act (CEPA) (C. G. S. § 22a-1(a)(b)). Under CEPA, an agency implementing a project that could significantly affect the environment must first prepare an environmental impact evaluation (EIE) and submit it to the Office of Policy and Management (OPM), which must determine if the agency has taken all practicable steps to minimize or avoid environmental harm. The general public has the chance to comment on proposed agency action through a “scoping” process which occurs before the agency begins the formal EIE procedure. See OLR Report 2004-R-0610, “Connecticut Environmental Policy Act” for more details.

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