You asked a number of questions concerning the law regarding categories of material that are not to be considered solid waste (CGS § 22a-209d). We answer them individually below.

What is the legislative history and intent of exempting certain kinds of materials from the laws regulating solid-waste disposal?

This provision was added to the solid waste regulatory laws in 1994 (PA 94-198, § 12). It was an amendment to a bill authorizing the Department of Environmental Protection (DEP) to set hazardous waste clean-up standards, create an environmental land-use restriction, and expand the DEP commissioner's ability to provide potable water to people whose wells were contaminated by groundwater pollution.

Section 12 of the act, codified as CGS § 22a-209d, authorizes the DEP to adopt regulations excluding certain materials from being considered solid wastes and from solid-waste and water-pollution control requirements if they are used according to standards DEP adopts to protect the environment and public health. It also requires DEP to allow the use of sand from the casting of metals as cover, road base, fill, or for other purposes at permitted solid waste landfills if the concentration of toxic constituents does not make the material hazardous under federal law and state and federal regulations. The person disposing of the sand must certify to the DEP's satisfaction that it is not hazardous.

Senator Daily, Senate chairperson of the Environment Committee, called the amendment on May 4, 1994, explaining that it dealt with “establishing standards so that casting sands can be used and reused. ” The Senate adopted the amendment on a voice vote without discussion and unanimously approved the underlying bill, which was immediately transmitted to the House.

Representative Stratton, House chairperson of the Environment Committee, called the amendment in the House, also on May 4. She explained that the amendment would allow the use of sand that that had been used in metal casting as road cover, or for base or fill if the level of toxic materials in the sand was below federal hazardous waste standards. Stratton said the amendment would make good use of sand that would otherwise take up a great deal of space awaiting disposal as hazardous or solid waste. Representative Stephen Jarmoc said the amendment was sought by casting companies in his district that were periodically sending sand samples to DEP to be tested for such metals as magnesium, aluminum, and bronze. Jarmoc said DEP “had no trouble” with the amendment. Representative Fusco said, “we are not talking about highly toxic materials here. We are talking about metal contents in sand that might be naturally found in the soil to the same extent. ”

Representative Concannon said he believed it was poor environmental policy that could open the door to abuse. “A road base is of a permanent nature, and roads are frequently located besides rivers, streams, and other water sources,” he said. “I am strongly opposed to putting our environment in jeopardy. ”

The House adopted the amendment by a voice vote, and approved the underlying bill by a vote of 136 to 7.

Q: How many applications or requests for Beneficial Use Determination (BUD) Permits have been made over the past four years? How many of these have been granted?

The law allows the DEP commissioner to issue general permits for the beneficial use of solid waste if the proposed use meets certain standards (CGS § 22a-209f). Beneficial use means using a solid waste in a manufacturing process to make a product, or as an effective substitute for materials used in a commercial product.

According to DEP, there have been three BUD approvals for two separate projects in the past four years. DEP legislative liaison Tom Tyler, says DEP has received 10 requests for beneficial use determinations since the program began. DEP has issued three general permits covering the beneficial reuse of specific waste materials and expects to issue another two by this fall.

Of the five outstanding requests, Tyler states that three have been resolved in other ways (i. e. , by solutions other than issuing a general permit) and that two are in the pipeline.

Q: How many renewal requests for these permits have been made and granted?

None, because the general permits are valid for five years, and have not yet expired.

Q: How many DEP staff review and evaluate BUD permits? How much does it cost?

DEP estimates the process involves one-quarter of one full-time equivalent (FTE) staff member, plus a small percentage of other staff. The department estimates the annual cost at about $ 40,000.

Q: Have regulations been adopted or proposed by the agency under this statute? Why or why not? What resources would be needed to promulgate regulations?

DEP has not adopted regulations. Tyler says this is both because staff is instead considering changes to the law, and because of a lack of resources. One possible statutory change DEP may propose, he said, would allow the department to approve certain site-specific or one-time beneficial uses without issuing a state-wide general permit.

Tyler estimates that DEP would need two additional FTEs to draft regulations and that this would take them between six months and a year to complete. He stated that if such staff were added, the department might assign them to higher-priority tasks.

Q: What other New England states have a similar waiver provisions or lists of items that are exempt from being considered solid waste?

According to DEP, Maine, Massachusetts, New Jersey, New York, Pennsylvania, and Vermont have similar provisions. More information on the various state beneficial use programs can be found on the website of the Northeast Waste Management Officials' Association (NEWMOA) at NEWMOA - Beneficial Use (www. newmoa. org/solidwaste/bud. cfm).

ADDITIONAL INFORMATION

More information on DEP's Beneficial Use process can be found on the DEP website at DEP: Q & A's Beneficial Use of Solid Waste (http: //www. ct. gov/dep/cwp/view. asp?a=2718&q=325334&depNav_GID=1646).

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