CHAPTER 446d*
SOLID WASTE MANAGEMENT

      Sec. 22a-207. (Formerly Sec. 19-524a). Definitions. For the purposes of this chapter and chapter 103b:

      (1) "Commissioner" means the Commissioner of Environmental Protection or his authorized agent;

      (2) "Department" means the Department of Environmental Protection;

      (3) "Solid waste" means unwanted or discarded solid, liquid, semisolid or contained gaseous material, including, but not limited to, demolition debris, material burned or otherwise processed at a resources recovery facility or incinerator, material processed at a recycling facility and sludges or other residue from a water pollution abatement facility, water supply treatment plant or air pollution control facility;

      (4) "Solid waste facility" means any solid waste disposal area, volume reduction plant, transfer station, wood-burning facility or biomedical waste treatment facility;

      (5) "Volume reduction plant" means any location or structure, whether located on land or water, where more than two thousand pounds per hour of solid waste generated elsewhere may be reduced in volume, including but not limited to, resources recovery facilities and other incinerators, recycling facilities, pulverizers, compactors, shredders, balers and composting facilities;

      (6) "Solid waste disposal area" means any location, including a landfill or other land disposal site, used for the disposal of more than ten cubic yards of solid waste. For purposes of this subdivision, "disposal" means the placement of material at a location with the intent to leave it at such location indefinitely, or to fail to remove material from a location within forty-five days, but does not mean the placement of material required to be recycled under section 22a-241b in a location on the premises of a recycling facility, provided such facility is in compliance with all requirements of state or federal law and any permits required thereunder;

      (7) "Recycling" means the processing of solid waste to reclaim material therefrom;

      (8) "Recycling facility" or "recycling center" means land and appurtenances thereon and structures where recycling is conducted, including but not limited to, an intermediate processing center as defined in section 22a-260;

      (9) "Resources recovery facility" means a facility utilizing processes to reclaim energy from municipal solid waste;

      (10) "Transfer station" means any location or structure, whether located on land or water, where more than ten cubic yards of solid waste, generated elsewhere, may be stored for transfer or transferred from transportation units and placed in other transportation units for movement to another location, whether or not such waste is stored at the location prior to transfer;

      (11) "Municipality" means any town, city or borough within the state;

      (12) "Municipal authority" means the local governing body having legal jurisdiction over solid waste management within its corporate limits which shall be, in the case of any municipality which adopts a charter provision or ordinance pursuant to section 7-273aa, the municipal resource recovery authority;

      (13) "Regional authority" means the administrative body delegated the responsibility of solid waste management for two or more municipalities which have joined together by creating a district or signing an interlocal agreement or signing a mutual contract for a definitive period of time;

      (14) "Region" means two or more municipalities which have joined together by creating a district or signing an interlocal agreement or signing a mutual contract for a definite period of time concerning solid waste management within such municipalities;

      (15) "Solid waste management plan" means an administrative and financial plan for an area which considers solid waste storage, collection, transportation, volume reduction, recycling, reclamation and disposal practices for a twenty-year period, or extensions thereof;

      (16) "Municipal collection" means solid waste collection from all residents thereof by a municipal authority;

      (17) "Contract collection" means collection by a private collector under a formal agreement with a municipal authority in which the rights and duties of the respective parties are set forth;

      (18) "Solid waste planning region" means those municipalities within the defined boundaries of regional planning agencies or as prescribed in the state solid waste management plan;

      (19) "Biomedical waste" means infectious waste, pathological waste and chemotherapy waste generated during the administration of medical care or the performance of medical research involving humans or animals and which, because of its quantity, character or composition, has been determined by the commissioner to require special handling but excluding any solid waste which has been classified by the department as a hazardous waste pursuant to section 22a-115 or is a radioactive material regulated pursuant to section 22a-148;

      (20) "Generator of biomedical waste" means any person who owns or operates a facility that produces biomedical waste in any quantity, including, but not limited to the following: General hospitals, skilled nursing facilities or convalescent hospitals, intermediate care facilities, chronic dialysis clinics, free clinics, health maintenance organizations, surgical clinics, acute psychiatric hospitals, laboratories, medical buildings, physicians' offices, veterinarians, dental offices and funeral homes. Where more than one generator is located in the same building, each individual business entity shall be considered a separate generator;

      (21) "Biomedical waste treatment facility" means a solid waste facility capable of storing, treating or disposing of any amount of biomedical waste, excluding any facility where the only biomedical waste treated, stored or disposed of is biomedical waste generated at the site and any licensed acute care facility or licensed regional household hazardous waste collection facility accepting untreated solid waste generated during the administration of medical care in a single or multiple family household by a resident of such household;

      (22) "Throughput" means the amount of municipal solid waste processed by a resources recovery facility determined by dividing the average annual tonnage of municipal solid waste by three hundred sixty-five days;

      (23) "Municipal solid waste" means solid waste from residential, commercial and industrial sources, excluding solid waste consisting of significant quantities of hazardous waste as defined in section 22a-115, land-clearing debris, demolition debris, biomedical waste, sewage sludge and scrap metal;

      (24) "Wood-burning facility" means a facility, as defined in section 16-50i, whose principal function is energy recovery from wood for commercial purposes. "Wood-burning facility" does not mean a biomass gasification plant that utilizes land clearing debris, tree stumps or other biomass that regenerates, or the use of which will not result in a depletion of, resources;

      (25) "Person" has the same meaning as in subsection (c) of section 22a-2;

      (26) "Closure plan" means a comprehensive written plan, including maps, prepared by a professional engineer licensed by the state that details the closure of a solid waste disposal area and that addresses final cover design, stormwater controls, landfill gas controls, water quality monitoring, leachate controls, postclosure maintenance and monitoring, financial assurance for closure and postclosure activities, postclosure use and any other information that the commissioner determines is necessary to protect human health and the environment from the effects of the solid waste disposal areas;

      (27) "Designated recyclable item" means an item designated for recycling by the Commissioner of Environmental Protection in regulations adopted pursuant to subsection (a) of section 22a-241b, or designated for recycling pursuant to section 22a-208v or 22a-256;

      (28) "Composting facility" means land, appurtenances, structures or equipment where organic materials originating from another process or location that have been separated at the point or source of generation from nonorganic material are recovered using a process of accelerated biological decomposition of organic material under controlled aerobic or anaerobic conditions.

      (1971, P.A. 845, S. 1; June, 1971, P.A. 1, S. 5; P.A. 73-646, S. 1; P.A. 79-605, S. 14, 17; P.A. 81-213, S. 1, 18; P.A. 87-531, S. 1; P.A. 88-341, S. 1; P.A. 89-386, S. 1, 24; P.A. 91-55, S. 1; P.A. 92-249, S. 2; P.A. 94-182, S. 1, 4; P.A. 01-204, S. 8, 29; June Sp. Sess. P.A. 01-9, S. 73, 131; P.A. 03-19, S. 64; P.A. 06-76, S. 25; P.A. 10-87, S. 1.)

      History: June, 1971 act replaced commissioner and department of health with commissioner and department of environmental protection; P.A. 73-646 replaced "scrap metals" with "scrap materials" in Subdiv. (c), redefined "solid waste facility" to include resource recovery facilities and limited definition to facilities handling more than five tons of solid waste per year, redefined "volume reduction plant" as one which can process more than 2,000 pounds of waste input per hour and included plants processing refuse for recovery and reuse; P.A. 79-605 rephrased Subdiv. (c) defining "solid waste"; P.A. 81-213 redefined "municipal authority" in Subsec. (j) to include municipal resource recovery authorities under chapter 103b and extended applicability of definitions to that chapter; Sec. 19-524a transferred to Sec. 22a-207 in 1983 and alphabetic Subdiv. indicators replaced editorially by the Revisors with numeric indicators; P.A. 87-531 deleted reference to approval of department of environmental protection in definition of "solid waste disposal area"; P.A. 88-341 amended Subdiv. (4) to redefine "solid waste facility" to include biomedical waste treatment facilities and added definitions for "biomedical waste", "generator of biomedical waste" and "biomedical waste treatment facility"; P.A. 89-386 redefined "solid waste", "solid waste facility", "volume reduction plant", "solid waste disposal area", and "recycling", substituted definition of "resources recovery facility" for definition of "resources recovery system", added definitions of "recycling facility" or "center", "transfer station", "throughput", "municipal solid waste" and "wood burning facility" and renumbered the terms accordingly; P.A. 91-55 rephrased the definition of "solid waste" and broadened the definitions of "volume reduction plant", "solid waste disposal area" and "transfer station"; P.A. 92-249 amended Subdiv. (6) to define "disposal"; P.A. 94-182 amended Subdiv. (19) to limit the definition of "biomedical waste" to infectious waste, pathological waste and chemotherapy waste, amended Subdiv. (20) to remove in-patient care facilities from the definition of "generator of biomedical waste" and to specify that multiple generators within one building count as separate generators, and amended Subdiv. (21) to exclude licensed acute care facilities and certain licensed regional household hazardous waste collection facilities from the definition of "biomedical waste treatment facility", effective July 1, 1994; P.A. 01-204 amended Subdiv. (24) to exclude biomass gasification plants from the definition of "wood-burning facility", effective July 11, 2001; June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this section; P.A. 03-19 made technical changes in Subdiv. (24), effective May 12, 2003; P.A. 06-76 added Subdivs. (25) and (26) defining "person" and "closure plan", respectively; P.A. 10-87 applied definitions to Secs. 22a-241j to 22a-241l and added Subdivs. (27) and (28) defining "designated recyclable item" and "composting facility".

      Cited. 192 C. 591. Cited. 225 C. 731. Cited. 227 C. 175.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      Subdiv. (1):

      Cited. 234 C. 312.

      Subdiv. (2):

      Cited. 234 C. 312.

      Subdiv. (3):

      Cited. 215 C. 82. Cited. 218 C. 580. Cited. 226 C. 205. Cited. 239 C. 284.

      Subdiv. (4):

      1971, P.A. 845, S. 1(d) cited. 17 CA 17; judgment reversed, see 212 C. 570. Cited. 215 C. 82. Cited. 218 C. 580. Cited. 224 C. 627. Cited. 226 C. 205.

      Subdiv. (5):

      Cited. 215 C. 82.

      Subdiv. (6):

      Cited. 215 C. 82. Cited. 218 C. 580. Cited. 226 C. 205.

      Subdiv. (9):

      Cited. 224 C. 627.

      Sec. 22a-207a. Definitions applicable to sections 22a-208d, 22a-208q, 22a-208r and 22a-228(b). As used in sections 22a-208d, 22a-208q and subsection (b) of section 22a-228: (1) "Composting" means a process of accelerated biological decomposition of organic material under controlled conditions; (2) "mixed municipal solid waste" means municipal solid waste that consists of mixtures of solid wastes which have not been separated at the source of generation or processed into discrete, homogeneous waste streams such as glass, paper, plastic, aluminum or tire waste streams provided such wastes shall not include any material required to be recycled pursuant to section 22a-241b, and (3) "mixed municipal solid waste composting facility" means a volume reduction plant where mixed municipal solid waste is processed using composting technology.

      (P.A. 91-293, S. 1, 9; P.A. 95-99, S. 3, 5.)

      History: P.A. 95-99 removed a reference to former Sec. 22a-208r, repealed elsewhere in the act, effective July 1, 1995.

      Sec. 22a-207b. Solid waste disposal areas and transfer stations, permit required. Section 22a-207b is repealed, effective October 1, 2006.

      (P.A. 92-249, S. 5; P.A. 06-76, S. 31.)

      Sec. 22a-208. (Formerly Sec. 19-524b). Powers and duties of commissioner re solid waste management. (a) The commissioner shall administer and enforce the planning and implementation requirements of this chapter. He shall examine all existing or proposed solid waste facilities and provide for their proper planning, design, construction, operation, monitoring, closure and postclosure maintenance in a manner which ensures against pollution of the waters of the state, prevents the harboring of vectors, prevents fire and explosion and minimizes the emission of objectionable odors, dust or other air pollutants so that the health, safety, and welfare of the people of the state shall be safeguarded and enhanced and the natural resources and environment of the state may be conserved, improved and protected. The commissioner shall order the alteration, extension, limitation, closure or replacement of such facilities whenever necessary to ensure against pollution of the waters of the state, prevent the harboring of vectors, prevent fire and explosion hazards and minimize the creation of objectionable odors, dust or other air pollutants so that the health, safety and welfare of the people of the state shall be safeguarded and enhanced and the natural resources and environment of the state may be conserved, improved and protected provided, before ordering the closure of any solid waste facility, said commissioner shall determine that reasonable alternative facilities for the users of such facility exist. In any such order, the commissioner may require the submission of and compliance with a plan for the design, construction, operation, monitoring, closure and postclosure maintenance of such facility in accordance with the provisions of this chapter.

      (b) Repealed by P.A. 86-403, S. 128, 132.

      (1971, P.A. 845, S. 2; P.A. 73-646, S. 2; P.A. 76-25; P.A. 77-221; P.A. 78-67, S. 1, 2; P.A. 83-189; P.A. 84-535, S. 5; P.A. 85-334, S. 1, 8; 85-342, S. 2; P.A. 86-403, S. 128, 132.)

      History: P.A. 73-646 clarified Subsecs. (a) and (b) and broadened purpose of facilities in Subsec. (a) to include natural resource and environment protection and conservation as well as public health and safety protection; P.A. 76-25 inserted new Subsec. (d) re filing of permit copies and relettered former Subsec. (d) accordingly; P.A. 77-221 required facilities to ensure against water pollution, prevent harboring of vectors, prevent fire and explosion and minimize objectionable odors and allowed commissioner to require submission of plan for facility; P.A. 78-67 required provision of alternative facilities before closing facility customarily used and protected rights of local governments re zoning for waste disposal in Subsec. (c); Sec. 19-524b transferred to Sec. 22a-208 in 1983; P.A. 83-189 amended Subsec. (c) to prohibit the operation of a solid waste facility after October 1, 1984, without a closure plan; P.A. 84-535 amended Subsec. (c) by adding provision requiring the commissioner to notify the chief elected official of each municipality in which the facility is to be located; P.A. 85-334, deleted former Subsecs. (b) to (e) re commissioner's approval of facility operators' qualifications and re approval procedure required for permit to build, establish or alter facilities, generally, and added to the commissioner's authority under former Subsec. (a) provisions re monitoring, closure and postclosure maintenance and authorized closing of facilities when reasonable alternative facilities exist rather than only when the commissioner provides an alternative; P.A. 85-342 added Subsec. (f) re denial of permits to applicants convicted of environmental law violations but since Subsecs. (b) to (e) were deleted by P.A. 85-334 the new subsection was relettered as Subsec. (b) and the former Subsec. (a) indicator, deleted by P.A. 85-334, was reinstated editorially by the Revisors; P.A. 86-403 repealed Subsec. (b).

      Cited. 192 C. 591. Cited. 193 C. 506. Cited. 215 C. 82.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570. Cited. 19 CA 216.

      Subsec. (a):

      Cited. 234 C. 312.

      Sec. 22a-208a. Permit for construction, alteration or operation of solid waste facility. Application, fee. Unpermitted solid waste disposal areas. Modified permits. Hearing. General permits: Procedures, regulations. Approval for demonstration project. (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. 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 person or municipality shall establish, construct or operate a solid waste facility without a permit issued by the commissioner under this section. An application for such permit shall be submitted on a form prescribed by the commissioner, include such information as the commissioner may require, including, but not limited to, a closure plan for such facility, and be accompanied by a fee prescribed in regulations adopted in accordance with chapter 54. Notwithstanding any provision of the general statutes or any regulation adopted pursuant to said statutes, references to a permit to construct or a permit to operate in a regulation adopted pursuant to section 22a-209 shall be deemed to mean a permit as required by this subsection. The applicant shall send a written notification of any application for such permit 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) Upon written notice from the commissioner and in accordance with a schedule specified by the commissioner in such written notice, any person or municipality that owns an unpermitted solid waste disposal area shall (1) submit a closure plan for the commissioner's review and written approval, provide public notice of such proposed plan in a manner prescribed by regulations adopted pursuant to section 22a-133k and close and maintain such area after closure in accordance with the approved closure plan, or (2) remediate such disposal area in accordance with a remediation plan approved by the commissioner or verified by a licensed environmental professional pursuant to section 22a-133x, 22a-133y or 22a-134a or pursuant to an order of the commissioner. A fee of three thousand dollars shall accompany any closure plan submitted pursuant to this subsection. The commissioner may require the owner of a solid waste disposal area to post sufficient performance bond or other security to ensure compliance with the approved closure plan. The commissioner may approve a modification to a closure plan for a solid waste disposal area. A fee of five hundred dollars shall accompany the request for such modification. The commissioner may reduce or waive the fees required by this subsection in cases of financial hardship and may modify such fees in regulations adopted in accordance with chapter 54. The commissioner may require a person or municipality to provide public notice of a proposed modification of a closure plan if the modification involves any activity that would disrupt the solid waste or change the use of the solid waste disposal area. Notwithstanding the provisions of this subsection, the commissioner may order a person or municipality that establishes or constructs a solid waste disposal area without first obtaining a permit as required by subsection (b) of this section to remove any solid waste disposed at such area, to remediate any pollution caused by such waste, and to properly dispose of such waste at a lawfully operated solid waste facility.

      (d) (1) No person or municipality that holds a permit issued under this section shall alter the design or method of operation of the permitted facility without first obtaining a modified permit. For the purposes of this section and sections 22a-208, 22a-208b, 22a-220a, 22a-225 and 22a-226, "alter" means to change to any substantive degree the design, capacity, volume process or operation of a solid waste facility 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. The commissioner may approve, in writing, a modification of a closure plan for a closed permitted solid waste disposal area without modifying the permit for such area. The commissioner may require a person who, or a municipality that, requests such modification to provide public notice of a proposed modification of a closure plan if the modification involves any activity that would disrupt the solid waste or change the use of the solid waste disposal area. A fee of five hundred dollars shall accompany any request for such modification of a closure plan. The commissioner may reduce or waive such fee in cases of financial hardship and may modify such fee in accordance with regulations adopted in accordance with chapter 54.

      (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.

      (j) The Commissioner of Environmental Protection may issue an approval for a demonstration project for any activity regulated by the commissioner under this chapter provided the commissioner determines that such demonstration project (1) is necessary to research, develop or promote methods and technologies of solid waste management which are consistent with the goals of the state solid waste management plan; (2) does not pose a significant risk to human health or the environment; and (3) is not inconsistent with the federal Water Pollution Control Act, the federal Rivers and Harbors Act, the federal Clean Air Act or the federal Resource Conservation and Recovery Act. An application for such approval shall be on a form prescribed by the commissioner, be accompanied by a fee of one thousand dollars and shall provide such information as the commissioner deems necessary. Any person applying for such approval shall not commence the project prior to the commissioner's written approval. The commissioner may impose conditions upon such approval as deemed necessary to adequately protect human health and the environment or to ensure project success and such approval shall be valid for a period of not more than two years. The commissioner may renew such approval provided the total period of approval does not exceed five years. The commissioner may order summary suspension of any such approval in accordance with subsection (c) of section 4-182. Notwithstanding the renewal process, any person may seek, or the commissioner may require, that the project obtain a general or individual permit pursuant to this chapter.

      (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; P.A. 06-76, S. 24; P.A. 08-124, S. 21; 08-186, S. 4.)

      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 100,000 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; P.A. 06-76 amended Subsec. (a) to delete provision re prohibition on permits to establish or construct new volume reduction plant or transfer station within one-quarter mile of certain child day care centers and to delete provision re modification or renewal of permit of existing volume reduction plant or transfer station without regard to location, replaced former provisions of Subsec. (b) re permit approval by commissioner and safeguarding localities' right to zone for solid waste disposal with new permitting requirements for establishing, constructing or operating a solid waste facility, and amended said Subsec. to replace "commissioner" with "applicant" and make technical changes, replaced former provisions of Subsec. (c) with new provisions re submission of closure plan and remediation in accordance with such plan, and amended Subsec. (d)(1) to rephrase requirement for modified permit for an altered solid waste facility, to redefine "alter" and to add provision re commissioner's approval of modification of closure plan for a closed permitted solid waste disposal area; P.A. 08-124 made technical changes in Subsecs. (b), (c) and (d)(1), effective June 2, 2008; P.A. 08-186 added Subsec. (j) re Commissioner of Environmental Protection's approval for demonstration projects, subject to certain conditions.

      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. Cited. 218 C. 821. Cited. 226 C. 205. Cited. 227 C. 175. P.A. 89-386 cited. Id. Cited. 233 C. 486. Cited. 234 C. 312. Whether statute accords with due process and equal protection was not properly reserved. 247 C. 751.

      Cited. 17 CA 17; judgment reversed, see 21 C. 570. 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):

      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. 218 C. 580. Cited. 225 C. 731. Cited. 234 C. 221.

      Overrode local zoning only as to property owned by Connecticut resources recovery authority. Judgment of appellate court in 17 CA 17 reversed, see 212 C. 570.

      Subsec. (c):

      Cited. 218 C. 580.

      Subsec. (d):

      Cited. 234 C. 221.

      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. Cited. 225 C. 731.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570. Cited. 21 CA 85.

      Sec. 22a-208c. Restriction on receiving, disposing of, processing or transporting 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. 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. Cited. 234 C. 312.

      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) of this section exempting facilities composting leaves and the provisions of subsection (b) of this section 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; P.A. 07-217, S. 112.)

      History: P.A. 07-217 made technical changes in Subsec. (c), effective July 12, 2007.

      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 biomass gasification plant that qualifies as a Class I renewable energy source, as defined in section 16-1, 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, a biomass gasification plant that qualifies as a Class I renewable energy source, as defined in section 16-1, a resources recovery facility or a municipal solid waste landfill.

      (P.A. 96-103, S. 1; P.A. 00-29, S. 1, 2; P.A. 06-74, S. 4.)

      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; P.A. 06-74 amended Subsecs. (b) and (c) to add "biomass gasification plant that qualifies as a Class I renewable energy source, as defined in section 16-1," and to make technical changes.

      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-208aa. Issuance of permit for solid waste facility located near housing development. The Commissioner of Environmental Protection shall not issue a permit for the construction or operation of a solid waste facility located or proposed to be constructed on a parcel of real property, the boundary of which such parcel is located within one hundred fifty feet of a parcel of property containing a housing development owned by a housing authority, unless the Commissioner of Environmental Protection determines that the proposed facility does not pose a threat to the environment of the surrounding geographic area or to public safety. The provisions of this section shall not apply to a permit to construct or operate a solid waste facility issued on or before September 30, 2008, or to the renewal of such a permit. For the purposes of this section, "solid waste facility" means any solid waste disposal area, volume reduction plant, transfer station, wood-burning facility or biomedical waste treatment facility, but does include any redemption center; "redemption center" has the same meaning as provided in section 22a-243; and "housing authority" has the same meaning as provided in section 8-39.

      (P.A. 08-173, S. 1.)

      Sec. 22a-208bb. Determination of need for ash residue disposal area operated by state quasi-public agencies. Timing. Submission of information. (a) Notwithstanding the provisions of section 22a-208d, prior to the physical inspection or evaluation of any parcel of land for use as a disposal area for ash residue generated by a waste-to-energy facility, operated by a state quasi-public agency, such waste-to-energy facility shall obtain a written determination from the Commissioner of Environmental Protection that such disposal area is necessary to meet the solid waste disposal needs of the state and will not result in substantial excess capacity of disposal areas.

      (b) (1) Any waste-to-energy facility that seeks a written determination from the commissioner pursuant to 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; and (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.

      (2) In making the determination required under this section, the commissioner shall consider the information submitted pursuant to subdivision (1) of this subsection and any other information the commissioner deems pertinent.

      (P.A. 10-140, S. 1.)

      History: P.A. 10-140 effective May 28, 2010.

      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; Id., 821.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      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 substances defined as hazardous under section 22a-115;

      (5) "Combustible" means the heat-producing constituents of a fuel;

      (6) "Combustion" means the rapid chemical combination of oxygen with the combustible element of a fuel resulting in the production of heat;

      (7) "Fuel" means a substance containing combustibles used for producing heat, light, power or energy;

      (8) "Regulated wood fuel merchant" means any person who offers for sale or sells, transfers, or provides in retail or wholesale trade, regulated wood fuel, including agents, brokers, wholesalers, distributors or producers who sell regulated fuel;

      (9) "Regulated wood fuel user" means a biomass gasification plant or a resources recovery facility, as defined in section 22a-207, that stores or utilizes regulated wood fuel for the purpose of creating by combustion heat, light, power or energy and combusts in excess of one hundred million BTUs per hour; and

      (10) "Biomass gasification plant" means a biomass gasification plant that qualifies as a Class I renewable energy source, as defined in section 16-1.

      (b) Notwithstanding the provisions of this chapter, processed wood is not a solid waste provided: (1) Such wood is received for use at a biomass gasification plant or a resource recovery facility as a regulated wood fuel; (2) such wood is used for land application in accordance with standards for such use adopted by the Commissioner of Environmental Protection in accordance with chapter 54; or (3) such wood is used for building products or other uses in accordance with any applicable state or federal standards.

      (c) No person other than a regulated wood fuel user shall use or burn regulated wood fuel. No regulated wood fuel user shall use or burn (1) regulated wood fuel which contains nonwood material, other than dirt or metal fasteners, unless such material comprises less than one per cent, by dry weight, of such regulated wood fuel or (2) any such fuel which contains more than fifteen one-hundredths of one per cent, by dry weight, total chlorine. Any sampling or analysis to determine the percentage of total chlorine or the amount of nonwood material shall be provided for by the regulated wood fuel merchant and shall be certified by such merchant as having met any standards or methodologies for such sampling or analysis approved or required by the commissioner. Notwithstanding any other provisions of this section, any person who exclusively burns wood, other than regulated wood fuel, as a fuel shall comply with the regulations adopted under section 22a-174 for stationary sources of air pollution.

      (d) No regulated wood fuel merchant shall store, offer for sale, sell, make available, deliver for use or exchange in trade for use in this state (1) regulated wood fuel which contains nonwood material, other than dirt or metal fasteners, unless such material comprises less than one per cent, by dry weight, of such regulated wood fuel, or (2) any such fuel which contains more than fifteen one-hundredths of one per cent, by dry weight, total chlorine.

      (e) Any person who sells regulated wood fuel for use in this state or who uses such fuel in this state shall maintain records of all sales or use of such fuel which contains nonwood materials and such records shall be made available for inspection by the commissioner, or his designee, during regular business hours. Such records shall be maintained for at least three years.

      (f) Nothing in this section shall prohibit a biomass gasification plant or a resources recovery facility from accepting, processing and combusting wood that is not hazardous waste or is not otherwise prohibited by law.

      (P.A. 94-142, S. 1, 2; P.A. 95-128; P.A. 06-74, S. 5.)

      History: P.A. 94-142 effective May 20, 1994; P.A. 95-128 amended Subsec. (a) to add definitions of "regulated wood fuel" and related terms, added a new Subsec. (c) re use of regulated wood fuel, added a new Subsec. (d) re regulated wood fuel merchants, added a new Subsec. (e) re maintenance of records and added a new Subsec. (f) re use of certain wood by resources recovery facilities; P.A. 06-74 applied provisions to biomass gasification plants in Subsecs. (a)(9), (b) and (f), added Subsec. (a)(10) defining "biomass gasification plant", and made a technical change in Subsecs. (d) and (f).

      Sec. 22a-209b. Biomedical waste. Definitions. As used in this section and section 22a-209c:

      (1) "Biomedical waste treatment" means to render biomedical waste noninfectious by decontamination, autoclaving, incineration or by other techniques approved by the commissioner;

      (2) "Human blood and blood products" means items containing free-flowing liquid waste blood, serum, plasma and other blood products or containers filled with such discarded fluids, except that blood in a glass vial shall be considered a sharp provided intravenous bags which did not contain blood or blood products shall not be considered a blood product;

      (3) "Free-flowing liquid blood" means blood that is not contained by the disposable item or is visibly dripping;

      (4) "Body fluid" means blood or any substance which contains visible blood, semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, peritoneal fluid and pericardial fluid;

      (5) "Infectious body fluids" means only waste cerebrospinal, pleural and peritoneal fluids. Dialysates shall not be considered blood or body fluids;

      (6) "Chemotherapy waste" means waste that has come in contact with an antineoplastic agent during the preparation, handling or administration of such an agent. A container which is or has been used to contain such an agent shall be deemed chemotherapy waste even if such container is empty;

      (7) "Decontaminate" means to substantially reduce or eliminate, by disinfection or other means, any biological hazard that is or may be associated with biomedical waste;

      (8) "Hypodermic needle and syringe" means needles, syringes and any other types of intravascular device including, but not limited to, in-dwelling catheters and introducers;

      (9) "Infectious agent" means any organism, such as a virus or bacterium, that is capable of being communicated by invasion and multiplication in body tissue and capable of causing disease or adverse health impacts in humans;

      (10) "Infectious waste" means types of waste listed in subparagraphs (A) to (G), inclusive, of this subdivision which are capable of causing infectious diseases because there is reason to believe that such waste has been contaminated by an organism that is known or suspected to be pathogenic to humans and such organism may be present in sufficient virulence to transmit disease. The following shall be considered infectious waste:

      (A) Cultures and stocks of agents infectious to humans and associated biologicals including cultures from medical, clinical, hospital, public health, research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, or mix cultures;

      (B) Human blood, blood products and infectious body fluids;

      (C) Sharps;

      (D) Research animal waste which includes contaminated animal carcasses, animal body parts and bedding or animals that were intentionally exposed to infectious agents during research or special laboratory testing, including research in veterinary hospital, production of biologicals, or testing of pharmaceuticals;

      (E) Isolation wastes;

      (F) Any material collected during or resulting from the cleanup of a spill of infectious or chemotherapy waste; or

      (G) Any waste which is mixed with infectious waste and which is neither a hazardous waste, as defined in section 22a-115, nor a radioactive material subject to section 22a-118;

      (11) "Isolation waste" means biological waste and discarded material contaminated with body fluids from (A) humans who are isolated to protect others from a highly communicable disease, or (B) animals which are isolated because they are known to be infected with a highly communicable disease. A highly communicable disease is one listed in biosafety level 4 of the Centers for Disease Control/National Institutes of Health Guidelines entitled "Biosafety in Microbiological and Biomedical Laboratories" and dated May, 1988. These agents include fifteen arboviruses, arenaviruses and filoviruses: Junin, Marburg, Congo-Crimean, hemorrhagic fever, Lassa, Macherpo, Ebola, Guanarito and the tick-borne encephalitis virus complex Absettarov, Hanzalova, Hypr, Kumlinge, Kyasanur Forest disease, Omsk hemorrhagic fever, and Russian spring-summer encephalitis;

      (12) "Pathological waste" means any human tissue, organ or body part, except teeth and the contiguous structures of bone and gum, removed during surgery, autopsy or other medical procedure. Pathological waste does not include formaldehyde or other preservative agent, or a human corpse or part thereof regulated pursuant to section 7-64 or chapter 368i, 368j or 368k;

      (13) "Sharps" mean discarded sharps that have been used in animal or human patient care or treatment or in medical, research or industrial laboratories, including hypodermic needles; syringes, with or without attached needle; scalpel blades; glass blood vials; suture needles; needles with attached tubing; glass culture dishes and pasteur pipettes, provided such glassware is known to have been in contact with an infectious agent; anaesthetic carpules used in dental offices; and unused, discarded hypodermic needles, suture needles, syringes and scalpel blades; and

      (14) "Commissioner" means the Commissioner of Environmental Protection.

      (P.A. 94-182, S. 2, 4.)

      History: P.A. 94-182 effective July 1, 1994; (Revisor's note: In 1997 various misspellings of virus types listed in Subdiv. (11) were corrected editorially by the Revisors).

      Sec. 22a-209c. Biomedical waste. Disposal requirements. (a) Biomedical waste which has been treated in accordance with the provisions of this section and which has been rendered unrecognizable may be disposed of as municipal solid waste. Sharps shall be rendered unrecognizable prior to disposal in accordance with regulations adopted pursuant to section 21a-66. A solid waste facility shall not accept biomedical waste which is not packaged, labeled and marked as required by regulations adopted pursuant to section 22a-209 or which is not accompanied by a tracking form which complies with all applicable law.

      (b) Biomedical waste shall be disposed of as follows:

      (1) Chemotherapy waste shall be disposed of only by incineration;

      (2) Pathological waste shall be disposed of only by incineration or interment;

      (3) Infectious waste shall be disposed of only by (A) incineration; (B) discharge to a sanitary sewer, provided (i) such waste is in liquid or semisolid form, (ii) secondary treatment is available at the publicly owned treatment works or privately owned treatment works to which such waste is discharged, (iii) no municipal ordinance prohibits such discharge, (iv) such permits and other authorizations as are required by law have been obtained for such discharge, and (v) aerosol formation is minimized during such discharge to such sewer; or (C) any other method of decontamination which provides protection of the public health and the environment at least equivalent to that provided by the disposal methods specified in this subdivision and which is first described in writing to the commissioner and approved in writing by the commissioner. Infectious waste which is treated on site in accordance with this subsection shall be regulated as municipal solid waste;

      (4) Needles which are specifically used to administer antineoplastic agents shall be handled in accordance with this section or regulations adopted under section 22a-209 for the handling of chemotherapy waste; and

      (5) Syringes designed to deliver drugs into the human body in a manner other than injection shall be exempted from the disposal requirements of this section.

      (c) No person shall:

      (1) Deliver biomedical waste or cause biomedical waste to be delivered to any incinerator, whether located inside or outside of this state, unless such incinerator complies with all applicable law; or

      (2) Operate an incinerator in which biomedical waste is burned unless such incinerator complies with all applicable law, including, but not limited to, regulations adopted pursuant to section 22a-174.

      (d) Biomedical waste incinerator residue shall be managed as a special waste in accordance with the regulations adopted pursuant to section 22a-209.

      (e) A steam sterilizer used to decontaminate biomedical waste shall be operated in accordance with the following requirements:

      (1) In a gravity flow sterilizer, biomedical waste shall be subjected to a temperature of not less than two hundred fifty degrees Fahrenheit at fifteen pounds per square inch of gauge pressure for no less than sixty minutes.

      (2) In a vacuum type sterilizer, biomedical waste shall be subjected to a temperature of not less than two hundred seventy degrees Fahrenheit at twenty-seven pounds per square inch gauge pressure for no less than forty-five minutes.

      (3) Notwithstanding subdivisions (1) and (2) of this subsection, a different combination of operational time, temperature and pressure may be utilized for steam sterilization of biomedical waste if such combination is first described in writing to the commissioner and approved in writing by the commissioner. The commissioner shall not grant approval unless such combination is proven on the basis of thorough tests, including tests of its capacity to kill bacillus stearothermophilus and to completely and reliably kill all microorganisms in waste at design capacity.

      (4) Biomedical waste shall be steam sterilized in its primary container. The primary container shall be placed in the sterilization chamber so that sufficient space is provided between the chamber walls and the container to allow the steam to penetrate the container. The primary container shall then be unsealed to allow the steam to penetrate the contents of the container.

      (5) Unless the steam sterilizer is equipped to continuously monitor and record temperatures during the entire length of each sterilization cycle, the operator of such sterilizer shall affix to the primary container temperature-sensitive tape which indicates when the desired temperature is reached. Biomedical waste shall not be considered decontaminated unless the temperature-sensitive tape indicates that a temperature of at least two hundred fifty degrees Fahrenheit was reached during the sterilization process. A steam sterilizer which is used for the first time after July 1, 1994, shall automatically and continuously monitor and record temperatures throughout the entire length of each steam sterilization cycle.

      (6) At least once during every forty hours of operation, tests shall be conducted to evaluate the effectiveness of the sterilization process, including tests of the capacity of such process to kill bacillus stearothermophilus. A log shall be maintained recording the dates and results of such test.

      (7) At least once during every forty hours of operation, a sterilization unit shall be evaluated to determine whether it is operating properly with respect to temperature and pressure. A log shall be maintained recording the dates and results of such evaluations and the dates of calibration.

      (8) For each sterilization unit a log shall be maintained recording, for each use, the date, time, operator, type and approximate amount of biomedical waste treated, the sterilization pressure reading and the poststerilization reading on the temperature-sensitive tape.

      (f) Sharps shall be physically altered so as to render them unrecognizable in accordance with the regulations adopted pursuant to section 21a-66.

      (g) If biomedical waste is treated or disposed of at the site where it was generated, the generator shall develop written procedures for each treatment or disposal method in use at such site which methods shall be consistent with the provisions of this section and shall ensure compliance with such procedures. Such procedures shall be incorporated into the biomedical waste management plan required by law and shall (1) assure the effectiveness of any treatment method in use and reflect acceptable standards of practice, (2) provide for and conduct an ongoing program of staff training on the implementation of such procedures and the requirements of this section, and (3) provide for a quality assurance program to assure compliance with the biomedical management plan prepared as required by law.

      (P.A. 94-182, S. 3, 4.)

      History: P.A. 94-182 effective July 1, 1994.

      Sec. 22a-209d. Categories of materials not to be considered solid waste. Use of solids that are by-products of water treatment processes. The Commissioner of Environmental Protection may establish, by regulations adopted in accordance with the provisions of chapter 54, categories of materials which, if used in accordance with standards adopted by the commissioner to protect the environment and public health, shall not be considered solid waste under section 22a-207 or subject to a permit under this chapter or chapter 446k. Notwithstanding the provisions of the regulations adopted under this section or section 22a-209, the Commissioner of Environmental Protection shall not prohibit the use of waste sand from the casting of metals as cover, road base or fill or for other purposes at a solid waste disposal area permitted under section 22a-208a, provided the concentration of toxic materials in the sand is below the level of hazardous waste under the federal Resource Conservation and Recovery Act of 1976, as amended, and any regulations promulgated to carry out said act, and further provided any person who disposes of such sand under this section shall provide certification, to the satisfaction of the Commissioner of Environmental Protection, that such sand is not hazardous. Notwithstanding the provisions of section 22a-209, a public water supply company may, by itself or in conjunction with any person or municipality, use solids that are the by-products of water treatment processes provided such use conforms to best management practices and controls described in an operations plan approved in writing by the commissioner. A public water supply company may, by itself or in conjunction with any person or municipality, use such solids in accordance with such plan until the commissioner issues a general permit to such company for the use of such solids pursuant to section 22a-209f.

      (P.A. 94-198, S. 12; P.A. 96-103, S. 3; P.A. 04-151, S. 17; P.A. 05-288, S. 105.)

      History: P.A. 96-103 added provision re adoption of regulations concerning disposal of water treatment solids; P.A. 04-151 deleted provision requiring adoption of regulations re use and disposal of solids that are by-products of water treatment processes and added provisions re use of such solids in conformance with best management practices and controls; P.A. 05-288 made technical changes, effective July 13, 2005.

      Sec. 22a-209e. Certain lamp recycling facilities to be considered volume reduction plants. For the purposes of this chapter, "lamp recycling facility" means a facility operated to remove, recover or recycle for reuse mercury, metals, phosphorous powder, gases, glass or other materials from fluorescent or high intensity discharge lamps. Such a facility shall be considered a volume reduction plant, as defined in section 22a-207, regardless of the volume of solid waste generated and shall not be subject to the requirements of section 22a-454 provided such facility is operated in compliance with federal law.

      (P.A. 95-139, S. 1, 2.)

      History: P.A. 95-139 effective June 7, 1995.

      Sec. 22a-209f. Beneficial use of solid waste. General permit. Individual authorization. (a) The Commissioner of Environmental Protection may issue a general permit for a category of processing or beneficial use of solid waste when used in a manufacturing process to make a product or as an effective substitute for a commercial product, provided: (1) Such permit does not allow an activity for which an individual permit has been issued; (2) the issuance of the general permit is not inconsistent with the requirements of the federal Resource Conservation and Recovery Act; (3) the solid wastes included in the category are proposed for the same or substantially similar operations and have the same or similar physical character and chemical composition; (4) the solid wastes included in the category are proposed for the same or substantially similar beneficial use or processing activities; and (5) the commissioner finds that the activities in the category can be adequately regulated using standardized conditions without harming or presenting a threat of harm to public health and safety or the environment. The issuance of the general permit shall be governed by procedures established in subsection (i) of section 22a-208a. The general permit may require any person or municipality proposing to conduct any activity under a general permit to register such activity on a form prescribed by the commissioner.

      (b) (1) The commissioner may issue individual authorizations for the beneficial use of solid waste in a manufacturing process to make a product or as an effective substitute for a commercial product provided (A) such authorization does not allow an activity for which an individual or general permit has been issued, (B) such authorization is not inconsistent with the requirements of the federal Resource Conservation and Recovery Act (42 USC 6901 et seq.), and (C) the commissioner finds that such solid waste can be reused without harming or presenting a threat of harm to public health, safety or the environment.

      (2) The commissioner shall establish guidelines protective of public health, safety and the environment for authorizations made in accordance with this subsection and shall give public notice on the Department of Environmental Protection's Internet web site of such guidelines, or any subsequent revision of the guidelines, with an opportunity for submission of written comments by interested persons for a period of thirty days following the publication of the notice. The commissioner shall post a response to any comments received on the Department of Environmental Protection's Internet web site.

      (3) An applicant for such authorization shall submit information on forms prescribed by the commissioner and any additional information required by the commissioner. The commissioner may direct the applicant to pay a fee of not more than five thousand dollars at the time of application, in accordance with the guidelines established under subdivision (2) of this subsection, except that no such fee shall be charged to a municipality.

      (4) Notwithstanding section 22a-208a or any regulations adopted pursuant to section 22a-209, the issuance or renewal of an authorization under this subsection, or a modification of an authorization under this subsection if such modification is sought by the holder of an authorization, shall conform to the following procedures: (A) The commissioner shall publish a notice of intent to issue an authorization on the Department of Environmental Protection's Internet web site. Such notice shall include: (i) The name and mailing address of the applicant and the address of the location of the proposed activity; (ii) the application number; (iii) the tentative decision regarding the application; (iv) the type of authorization sought, including a reference to the applicable statute or regulation; (v) a description of the location of the proposed activity and any natural resources affected thereby; (vi) the name, address and telephone number of any agent of the applicant from whom interested persons may obtain copies of the application; (vii) the length of time available for submission of public comments to the commissioner; and (viii) such additional information as the commissioner deems necessary to comply with any provision of this title or regulations adopted pursuant to this title, or with the federal Clean Air Act, federal Clean Water Act or federal Resource Conservation and Recovery Act. There shall be a comment period of thirty days following the publication of such notice during which interested persons may submit written comments to the commissioner. (B) The commissioner shall post a response to any comments received on the Department of Environmental Protection's Internet web site. (C) The commissioner may approve or deny such authorization based upon a review of the submitted information. Any authorization issued pursuant to this section shall define clearly the activity covered by such authorization and may include such conditions or requirements as the commissioner deems appropriate, including, but not limited to, operation and maintenance requirements, management practices, reporting requirements and a specified term.

      (5) The commissioner may suspend or revoke an authorization and may modify an authorization if such modification is not sought by the holder of an authorization, in accordance with the provisions of section 4-182 and the applicable rules of practice adopted by the department.

      (P.A. 96-80, S. 1; P.A. 09-211, S. 1.)

      History: P.A. 09-211 designated existing provisions as Subsec. (a), deleted language prohibiting granting of general permit for reuse of hazardous waste, and made a technical change therein, and added Subsec. (b) re individual authorizations.

      Sec. 22a-209g. Labeling of products containing mercury. (a) For purposes of this section: "Retailer" means a person who engages in the sale to the general public of items for which a label is required under the regulations adopted under this section; "wholesaler" means a person who engages in the sale of any such item to a retailer; and "manufacturer" means a person who manufactures any such item and sells such item to a retailer or wholesaler.

      (b) After the adoption of the regulations authorized by subsection (c) of this section, a manufacturer or wholesaler may not sell for use in this state, and a retailer may not sell, any of the items for which a label is required under the regulations adopted under this section unless the item is labeled to clearly inform the purchaser or consumer that mercury is present in the item and that the item must be properly disposed of or recycled.

      (c) The Commissioner of Environmental Protection shall cooperate with any effort to adopt a proposed label for products containing mercury which effort is undertaken by the New England Governors' Conference and the eastern Canadian premiers who adopted a mercury action plan in June, 1998. If such group agrees to a proposed label, the commissioner, in regulations adopted in accordance with the provisions of chapter 54 shall require such label to be affixed to any product sold in this state which the commissioner deems necessary, other than any medication. The purpose of such regulations shall be to facilitate the recycling of such products and to reduce the presence of mercury in the solid waste stream. If said group does not agree to a proposed label on or before January 1, 2001, the commissioner shall propose to the joint standing committee of the General Assembly having cognizance of matters relating to the environment a plan for the labeling of products containing mercury.

      (P.A. 99-228, S. 1, 5.)

      History: P.A. 99-228 effective June 29, 1999.

      Sec. 22a-209h. Information to be provided concerning electric lamps containing mercury and management of spent lamps. Each manufacturer of electric lamps containing mercury sold in this state, in consultation with the Commissioner of Environmental Protection and the Connecticut Resources Recovery Authority, shall provide to any distributor of such lamps written information stating that mercury is contained in such lamps and a description of the laws of this state governing management of spent lamps containing mercury. Each such manufacturer shall provide such information either on each such lamp containing mercury, or in or on the packaging of each such lamp containing mercury, or in a sufficient amount of printed material provided to retailers to allow retailers to make such information available to any consumer purchasing any such lamp containing mercury. Each such manufacturer shall provide to each municipality in this state information regarding the appropriate management of spent lamps containing mercury.

      (P.A. 99-228, S. 2, 5; P.A. 02-89, S. 66.)

      History: P.A. 99-228 effective January 1, 2000; P.A. 02-89 deleted Subsec. (a) designator and deleted as obsolete Subsec. (b) requiring the Connecticut Resources Recovery Authority to report on or before January 1, 2001, re any changes in the amount of mercury-containing products in the waste stream over the previous two years.

      Sec. 22a-209i. Universal waste rule. Fluorescent lamps. Equipment containing mercury. (a) On or before July 1, 1999, the Commissioner of Environmental Protection shall publish notice of intent to adopt regulations, in accordance with the provisions of chapter 54, to implement the set of waste management standards for thermostats containing mercury, batteries and pesticides which standards are provided in 40 CFR 273, et seq., as an alternative to regulating such wastes as otherwise provided under the Resource Conservation and Recovery Act (42 USC 6901 et seq.). The commissioner shall petition the United States Environmental Protection Agency under 40 CFR 273.80, et seq., to include fluorescent lamps in such alternative program of regulation. Such regulations shall further provide for and facilitate the storage of electronic equipment for recycling and the recycling of electronic equipment.

      (b) Any waste from equipment containing mercury shall be disposed of or otherwise handled in accordance with the standards set forth in 40 CFR Parts 260, 261, 264, 265, 268, 270 and 273, until the commissioner adopts regulations as provided in subsection (a) of this section, at which time such regulations shall govern. Nothing in this section shall be construed to relieve any person from such person's obligation to comply with any other state or federal requirement or regulation applicable to equipment containing mercury.

      (P.A. 99-228, S. 3, 5; P.A. 06-181, S. 6.)

      History: P.A. 99-228 effective June 29, 1999; P.A. 06-181 designated existing language as Subsec. (a) and added Subsec. (b) re disposal or handling of waste from equipment containing mercury, effective June 7, 2006.

      Sec. 22a-210. (Formerly Sec. 19-524d). Demonstration resource recovery systems or improved solid waste facilities. The commissioner may acquire necessary property and equipment, or interests therein, and contract for the construction, including planning and design, and leasing, operation and maintenance of demonstration resource recovery systems or improved solid waste facilities, or both, on a local, regional or state-wide basis by private enterprise, a municipality or regional authority.

      (1971, P.A. 845, S. 5; P.A. 75-303, S. 1, 2.)

      History: P.A. 75-303 included facilities on local basis; Sec. 19-524d transferred to Sec. 22a-210 in 1983.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      Sec. 22a-211. (Formerly Sec. 19-524e). Solid waste management plans for state and local or regional authorities. Closing of municipal landfill; plan required. (a) The commissioner shall be responsible for the preparation of a state solid waste management plan which is to be updated biennially. Such plan shall be effective until adoption of a state-wide solid waste management plan pursuant to section 22a-228.

      (b) If the commissioner determines that a municipal landfill shall be closed within five years of October 1, 1981, the municipality in which such landfill is located, through a municipal or regional authority, shall submit a solid waste management plan, including provisions for source separation, to the commissioner and the regional planning agency to whose jurisdiction such municipality is designated in the state's solid waste management plan for their review. Such proposed plan shall be consistent with the provisions of this chapter. If the commissioner finds, after consultation with the appropriate regional planning agency, that such proposed plan is consistent with the provisions of this chapter, the commissioner shall notify the municipality or regional authority having submitted the plan for review that such proposed plan is approved. If the commissioner finds after consultation with the appropriate planning agency that such proposed plan is not in compliance with the provisions of this chapter, the commissioner shall communicate the existence and extent of the deficiencies to the municipal or regional authority which submitted the plan for review. The municipality, through its municipal or regional authority, and after consultation with the commissioner and the appropriate planning agency, shall thereafter make such revisions in its proposed plan as may be necessary to correct the deficiencies enumerated by the commissioner. If the municipality, through its municipal or regional authority, makes the revisions required by the commissioner to correct such deficiencies, the commissioner shall thereafter approve the plan.

      (c) The commissioner may from time to time issue guidelines for the purpose of assisting municipalities in developing solid waste management plans in conformity with the provisions of this chapter.

      (1971, P.A. 845, S. 6; P.A. 74-276; P.A. 81-179; 81-472, S. 131, 159; P.A. 85-436, S. 5, 6; P.A. 93-423, S. 5.)

      History: P.A. 74-276 restated requirement for local and regional plans in Subsec. (a) and changed adoption deadline from July 1, 1974, to July 1, 1975, replaced provisions of Subsec. (b) which had concerned commissioner's review of plans with new provisions re submission of plan to commissioner and revision or approval of plan, deleted Subsec. (c) re plans prepared by individual municipalities and Subsec. (d) re final review and approval and inserted new Subsec. (c) re guidelines; P.A. 81-179 amended Subsec. (a) by requiring a state solid waste plan rather than a plan for each solid waste region and requiring review and comment by advisory council before adoption of plan and amended Subsec. (b) by requiring a municipal plan only if the landfill in a municipality closed by October 1, 1986, replacing previous provision which required municipalities to submit proposed local and regional plans; P.A. 81-472 made technical changes; Sec. 19-524e transferred to Sec. 22a-211 in 1983; P.A. 85-436 amended Subsec. (a) to specify that plan is to be effective until adoption of state-wide solid waste management plan; P.A. 93-423 amended Subsec. (a) to delete a reference to the former Connecticut Solid Waste Management Advisory Council.

      See Sec. 22a-228 re state-wide solid waste management plan.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      Sec. 22a-212. (Formerly Sec. 19-524f). Grants to municipal and regional authorities for plan preparation. The commissioner shall make grants for providing financial assistance to municipal and regional authorities for the preparation of solid waste management plan. The grant to each municipal authority shall equal ten per cent of the nonfederal portion of the cost of preparing the plans. An additional ten per cent shall be paid for each additional municipality included in the plan but not more than seventy per cent of the total cost of the nonfederal portion being granted by the commissioner to a regional authority.

      (1971, P.A. 845, S. 10.)

      History: Sec. 19-524f transferred to Sec. 22a-212 in 1983.

      See chapter 103b (Sec. 7-273aa et seq.) re municipal resource recovery authorities.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      Sec. 22a-213. (Formerly Sec. 19-524g). Approval of solid waste disposal contracts. Contracts between municipalities and solid waste facilities. (a) All contracts made after July 1, 1971, by any city, town, borough or regional authority with any person, another municipality or regional authority to provide for processing, storage or disposal outside of its boundaries of solid wastes generated within its boundaries, shall be reviewed and have the approval of the commissioner as conforming to recognized standards of public health and safety before they can be implemented. The municipality shall be responsible for providing a copy of said solid waste disposal contract to the commissioner.

      (b) The commissioner shall not approve any such contract unless he finds that the facility to which the waste is to be transported for processing, storage and disposal has been issued a solid waste permit to operate the facility and has the necessary capacity to accommodate the terms of the contract.

      (c) All contracts made after June 6, 1990, by any municipality with the operator of a solid waste facility shall be in writing.

      (1969, P.A. 367; 1971, P.A. 845, S. 4; P.A. 77-37; P.A. 86-403, S. 54, 132; P.A. 90-179, S. 7, 9; P.A. 96-163, S. 6.)

      History: 1971 act changed date of applicability from October 1, 1969, to July 1, 1971, replaced "district" and "authority" with "regional authority", and "refuse" with "solid wastes", specified disposal outside of boundaries of contracting entity and removed reference to approval of local director of health; Sec. 19-84a transferred to Sec. 19-524g in 1972; P.A. 77-37 added Subsec. (b); Sec. 19-524g transferred to Sec. 22a-213 in 1983; P.A. 86-403 made technical change, adding reference to Sec. 22a-208a; P.A. 90-179 added Subsec. (c) re written contracts between municipalities and solid waste facilities; P.A. 96-163 amended Subsec. (a) to delete requirement that contracts for collection or transportation of solid waste be reviewed and approved by the commissioner and to add a provision requiring the municipality to provide a copy of contracts for which the commissioner's approval is required and amended Subsec. (b) to expand the range of facilities which may be covered under an approved contract.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      Sec. 22a-213a. Disposal of biomedical waste by generators. Each generator of biomedical waste shall submit to the Commissioner of Environmental Protection, in writing, the name of the person said generator has contracted with to dispose of its biomedical waste, the amount of such waste and the site of disposal.

      (P.A. 88-341, S. 2; P.A. 89-270, S. 5.)

      History: P.A. 89-270 changed reference to "hospitals" to "generator of biomedical waste".

      Sec. 22a-214. (Formerly Sec. 19-524h). Commissioner to administer and control funds. The Commissioner of Environmental Protection is designated as the officer of the state to manage, administer and control funds appropriated by the General Assembly or authorized by the State Bond Commission, and any and all other state and federal funds made available for carrying out the provisions of this chapter. No grant shall be made under this chapter if such grant, together with all grants awarded prior thereto, exceeds the amount of funds available therefor.

      (1969, P.A. 758, S. 24; 1971, P.A. 845, S. 7; 872, S. 16; P.A. 89-270, S. 7; 89-386, S. 14, 24.)

      History: 1971 acts specified commissioner's control of "any and all other state and federal funds" and replaced commissioner of health with commissioner of environmental protection; Sec. 19-507d transferred to Sec. 19-524h in 1972; Sec. 19-524h transferred to Sec. 22a-214 in 1983; P.A. 89-270 added Subsec. (b) re ninety-day deadline for payment of grants and re thirty-day deadline for return of moneys paid for expenditures later determined to be ineligible; P.A. 89-386 repealed provisions added by P.A. 89-270.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      Sec. 22a-215. (Formerly Sec. 19-524i). Review of applications for federal funds. The commissioner shall review all applications for federal funds related to solid waste management prepared by any municipal or regional authority within the state.

      (1971, P.A. 845, S. 8.)

      History: Sec. 19-524i transferred to Sec. 22a-215 in 1983.

      See chapter 103b (Sec. 7-273aa et seq.) re municipal resource recovery authorities.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      Sec. 22a-216. (Formerly Sec. 19-524j). Department to apply for and receive funds. Cooperation and agreements with federal government. The department is designated as the administrative agency of the state to apply for and accept any funds or other aid and to cooperate and enter into contracts and agreements with the federal government relating to the planning, developing, maintaining and enforcing of the solid waste program.

      (1971, P.A. 845, S. 9.)

      History: Sec. 19-524j transferred to Sec. 22a-216 in 1983.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      Sec. 22a-217. (Formerly Sec. 19-524k). Grants to reduce solid waste volume reduction and disposal operation costs. The commissioner shall make grants for providing financial aid to municipal and regional authorities to reduce their solid waste volume reduction and disposal costs of operation. An annual amount equal to twenty-five cents per capita, but not exceeding five thousand dollars, shall be paid to a single municipal authority which carries on operations that comply with the public health code of the state. An additional annual five cents per capita shall be granted for each municipality in the region up to a maximum of fifty cents per capita. These funds may be used to hire needed personnel, purchase equipment and replacement parts, and make any necessary modifications or repairs to facilities or sites and equipment used in processing and disposal of solid wastes.

      (1971, P.A. 845, S. 13; P.A. 85-460, S. 1, 4.)

      History: Sec. 19-524k transferred to Sec. 22a-217 in 1983; P.A. 85-460 limited the amount of the grant to $5,000.

      See chapter 103b (Sec. 7-273aa et seq.) re municipal resource recovery authorities.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      Sec. 22a-218. (Formerly Sec. 19-524l). State aid to municipal and regional authorities for volume reduction plants and landfill operations. (a) The commissioner shall make a grant to any municipal or regional authority composed of two or more municipalities which, after July 1, 1969, constructs a volume reduction plant. He shall also make grants to any municipal or regional authority which, after July 1, 1969, rebuilds, reconstructs, redesigns or acquires new machinery, equipment and or buildings for the primary purpose of reducing, controlling or eliminating air pollution in connection with waste disposal, including planning and design. In the case of a municipal or regional authority which, on said date, is in the process of constructing, rebuilding, reconstructing, redesigning or acquiring new machinery, equipment or buildings, such grant shall apply only to that part of the facility constructed, rebuilt, reconstructed or redesigned, or machinery, equipment or buildings acquired after said date. If the commissioner has approved a solid waste management plan for the municipal or regional authority, the project shall conform with such plan. The grant under this section shall be subject to the following conditions: (1) No grant shall be made for any such facility or equipment unless such facility or equipment, and the plans and specifications therefor, are approved by the commissioner and such facility is constructed or such equipment is installed in accordance with a time schedule of the commissioner and subject to such requirements as the commissioner shall impose. If the commissioner requires that the facility or equipment be approved by a federal agency, such grant shall be conditional upon the municipal or regional authority complying with all of the requirements of such agency; (2) no grant shall be made until the municipal or regional authority has agreed to pay that part of the total cost of the facility or equipment in excess of the applicable state and federal grants; (3) as used in this subdivision, "cost" means the nonfederal portion of the cost of the facility or equipment or, if there is no grant available under a federal act, the actual cost of the facility or equipment as approved by the commissioner. The grant to a single municipality shall equal twenty-five per cent of the cost of such facility or equipment; an additional ten per cent shall be granted for each additional municipality in the region but not more than sixty-five per cent of the cost of such facility or equipment; an additional grant of five per cent of the cost of such facility shall be paid if the municipal or regional authority shall provide for the disposal of bulky wastes in a manner approved by the commissioner; (4) the grant under this section shall be paid in partial payments as the commissioner shall provide; (5) no grant shall be made unless the municipal or regional authority assures the commissioner of the proper and efficient operation and maintenance of the facility after construction; (6) no grant shall be made unless the municipal or regional authority has filed properly executed forms prescribed by the commissioner; and (7) any municipal or regional authority receiving state or federal grants under this section shall keep separate accounts by project for the receipt and disposal of such eligible project funds.

      (b) Subject to the provisions of subsection (a) of this section, the commissioner shall make a grant to any municipal or regional authority which, after July 1, 1969, purchases equipment or constructs buildings in conjunction with a sanitary landfill operation approved by the commissioner. Purchase of equipment or construction of buildings shall not be undertaken without the prior approval of the commissioner.

      (1969, P.A. 758, S. 22, 23; 1971, P.A. 483, S. 1; 845, S. 11; 872, S. 13, 14.)

      History: 1971 acts replaced "commission", i.e. clean air commission, with "commissioner", i.e. commissioner of environmental protection, replaced "municipality or district" with "municipal or regional authority", required that projects conform to waste management plan if plan has been approved, defined "cost", changed basis for grant allotments to total cost of facility rather than nonfederal costs as before and changed percentages to be paid and required commissioner's approval before equipment purchase or building construction undertaken; Sec. 19-507b transferred to Sec. 19-524l in 1972; Sec. 19-524l transferred to Sec. 22a-218 in 1983.

      See chapter 103b (Sec. 7-273aa et seq.) re municipal resource recovery authorities.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      Sec. 22a-219. (Formerly Sec. 19-524m). Grants to municipal or regional authorities for improvements of waste disposal facilities. The commissioner shall make a grant to any municipal or regional authority which, prior to July 1, 1969, constructed a volume reduction plant or rebuilt, reconstructed, redesigned or acquired new machinery, equipment or buildings in connection with waste disposal, which grant shall be twenty-five per cent of the principal amount of bond or note obligations of such municipal or regional authority, issued to finance such construction rebuilding, reconstruction, redesign or acquisition and outstanding on said date, exclusive of all interest costs and for which grant application is made on an application prescribed by the commissioner. Such grant shall be paid in equal annual installments at least thirty days prior to the date the municipal or regional authority is obligated to make payment on such bonds or notes, provided any grant under this section shall be reduced by any amount payable to such municipality or region under the provisions of section 22a-218 for the same construction, rebuilding, reconstruction, redesign or acquisition project, such reduction to be prorated over the period remaining for the payment of such bonds or notes.

      (1969, P.A. 751, S. 9; 1971, P.A. 483, S. 2; 845, S. 12; 872, S. 18.)

      History: 1971 acts replaced "clean air commission" and references thereto with "commissioner", i.e. commissioner of environmental protection, and replaced "municipality" with "municipal or regional authority"; Sec. 19-508a transferred to Sec. 19-524m in 1972; Sec. 19-524m transferred to Sec. 22a-219 in 1983.

      See chapter 103b (Sec. 7-273aa et seq.) re municipal resource recovery authorities.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      Sec. 22a-219a. Definitions. For the purposes of sections 22a-219b and 22a-219c:

      (1) "Resources recovery facility" means a facility utilizing processes to reclaim energy from solid wastes;

      (2) "Long-term" means the useful life of a resources recovery facility or the term of financing of such facility or any other period established by the commissioner by regulations adopted in accordance with the provisions of chapter 54;

      (3) "Date of commercial operation of a resources recovery facility" means the date such facility routinely and effectively accepts and processes an amount of solid waste that is seventy-five per cent of the design capacity of the facility.

      (P.A. 83-477, S. 1; P.A. 88-352, S. 2; P.A. 89-386, S. 6, 24.)

      History: P.A. 88-352 deleted definition of "incinerator", added definition of "date of commercial operation" and made technical changes; P.A. 89-386 made technical changes to the definition of "resources recovery facility".

      Cited. 218 C. 821.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      Sec. 22a-219b. Grants to municipalities for resources recovery facilities. (a) The Commissioner of Environmental Protection may make a grant, within available appropriations, for financial assistance to any municipality which has entered into a long-term contract to deliver solid waste generated within its boundaries to a resources recovery facility on or before the date of commercial operation of such facility. The grants under this section shall be subject to the following conditions: (1) Each grant shall be based on the total number of tons of solid waste generated within the municipality which has been delivered to a resources recovery facility; (2) the amount of the grant for the first year of operation of such facility shall be twenty-five per cent of the tipping fee not to exceed ten dollars per ton and for the second year of operation, twelve per cent of the tipping fee not to exceed four dollars per ton; (3) the aggregate tonnage of solid waste eligible for reimbursement under this section shall not exceed the design capacity for such facility stated in the application for the construction permit for such facility submitted pursuant to section 22a-208a, and (4) the grant for the first year shall be made not less than twelve months after the date of commercial operation and the grant for the second year shall be made not less than twenty-four months after the date of commercial operation. The tipping fee shall be reviewed by the commissioner and shall include but not be limited to any costs associated with debt service or operation from the point the solid waste enters the system to the landfill disposal of its residual and nonprocessable components.

      (b) No grant shall be made under this section to a municipality unless the solid waste generated within such municipality is delivered to a facility that has been approved by the Commissioner of Environmental Protection for consistency with the state solid waste management plan and has not less than seventy-five per cent of its design capacity committed under long-term contractual agreements on the date of commercial operation. No grant shall be made unless the municipality has executed, on or before the date of commercial operation of such facility or system, a long-term contractual agreement to participate in the facility.

      (c) If two or more municipalities enter into a long-term contractual agreement to participate in the same resources recovery facility such municipalities shall designate the same agent to submit the application for a grant under this section. Any agent may assess a fee for services rendered.

      (d) Each municipality that enters into a long-term contractual agreement to participate in the same facility on or before the date of commercial operation of such facility shall also enter into a joint pregrant agreement. Such agreement shall be submitted to the commissioner for his approval before a grant can be made under this section to a municipality that is a party to the agreement. A pregrant agreement shall include the following: (1) A description of the methodology to be used in determining the number of tons of solid waste generated within each municipality which have been delivered to the facility. The methodology may be determined by weigh records from the facility, hauling records, per capita estimates of waste generation or by any other method or combination of methods that produces representative figures for the amount of waste delivered to such facility from each municipality; (2) provisions designating an agent; and (3) a description of the method to be used by the agent in determining the tonnage of solid waste generated within municipal boundaries and delivered to a facility by each municipality if the aggregate tonnage of all municipalities delivering solid waste to the same facility exceeds the design capacity for the facility stated in the application for the construction permit for such facility submitted pursuant to section 22a-208a.

      (e) A municipality, after notifying the commissioner in writing, may assign in writing a grant made under this section to the Connecticut Resources Recovery Authority, a regional resources recovery authority or any committee established pursuant to subsection (c) of section 22a-221. Upon notification of an assignment, the commissioner shall pay the grant to the assignee until notification in writing from the municipality that the assignment has been revoked.

      (P.A. 83-477, S. 2; P.A. 84-331, S. 3, 4; P.A. 87-451, S. 1, 5; P.A. 88-352, S. 3; P.A. 89-270, S. 8; P.A. 90-312, S. 6, 11.)

      History: P.A. 84-331 replaced "financing" with "commercial operation" and defined "commercial operation"; P.A. 87-451 amended Subsec. (a) by making grants mandatory where before they were discretionary; P.A. 88-352 amended Subsec. (a) by adding the grant conditions specified in Subdivs. (11) to (13), inclusive, and making technical changes, amended Subsec. (b) by deleting reference to date of commercial operation but see Sec. 22a-219a, and added Subsec. (c) regarding designation of an agent where two or more municipalities participate in the same facility, Subsec. (d) regarding joint pregrant agreements and Subsec. (e) regarding assignment of grants; P.A. 89-270 deleted provision requiring review by the Connecticut Resources Recovery Authority; P.A. 90-312 amended Subsec. (a) by changing the commissioner's authority to make grants from mandatory to discretionary and provided that such grants are subject to available appropriations.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      Subsec. (b):

      Cited. 193 C. 506.

      Sec. 22a-219c. Grants to municipalities for resources recovery facilities operating on June 1, 1987. The Commissioner of Environmental Protection may make a grant, within available appropriations, for financial assistance to a municipality for each ton of solid waste generated within its boundaries and delivered to a resources recovery facility operating on June 1, 1987. The amount of the grants shall be (1) for the fiscal year beginning July 1, 1988, twenty-five per cent of the tipping fee not to exceed ten dollars per ton and (2) for the fiscal year beginning July 1, 1989, twelve per cent of the tipping fee not to exceed four dollars per ton. Payment shall be made in one lump sum following the end of each fiscal year. The tipping fee shall be reviewed by the commissioner and shall include but not be limited to any costs associated with debt service or operation from the point the solid waste enters the system to the landfill disposal of its residual and nonprocessable components. The provisions of subsections (b) to (e), inclusive, of section 22a-219b shall apply to grants made under this section.

      (P.A. 87-451, S. 2, 5; 87-589, S. 45, 87; P.A. 88-352, S. 5; 88-364, S. 36, 123; P.A. 90-312, S. 7, 11.)

      History: P.A. 87-589 changed "grants" to "a grant to a municipality", changed "delivered" to "it delivers" and deleted "or system or to an incinerator"; P.A. 88-352 required payment of grants in one lump sum and made technical changes; P.A. 88-364 made technical changes; P.A. 90-312 changed the commissioner's authority to make grants from mandatory to discretionary and provided that such grants are subject to available appropriations.

      Sec. 22a-219d. Municipal Tipping Fee Fund. There is established a fund to be known as the "Municipal Tipping Fee Fund". The purpose of the Municipal Tipping Fee Fund shall be to provide for the payment of grants to municipalities pursuant to section 22a-219b or 22a-219c. The fund shall contain any moneys required by law to be deposited in the fund and shall be held in trust separate and apart from all other moneys, funds and accounts. Investment earnings credited to the assets of said fund shall become part of the assets of said fund. Any balance remaining in said fund at the end of any fiscal year shall be carried forward in said fund for the fiscal year next succeeding.

      (P.A. 87-558, S. 2, 4; P.A. 88-352, S. 4.)

      History: P.A. 88-352 authorized payments for grants pursuant to Sec. 22a-219c.

      Sec. 22a-219e. Grants from Municipal Tipping Fee Fund. Notwithstanding any provision of the general statutes or special act to the contrary, (1) the Commissioner of Environmental Protection shall make a grant for financial assistance under section 22a-219b, revision of 1958, revised to January 1, 1989, to any municipality which has applied for such grant before July 1, 1990, and is eligible for a grant payable during the fiscal year ending June 30, 1990, (2) such grant shall be paid from the Municipal Tipping Fee Fund established pursuant to section 22a-219d and (3) moneys in said fund shall not be transferred to the General Fund until such grants are paid.

      (P.A. 90-312, S. 10, 11.)

      Sec. 22a-220. (Formerly Sec. 19-524n). Municipal provisions for solid waste disposal. Toxic or hazardous waste disposal. Recycling goal. Municipal representative. Report to commissioner. Program deficiencies. (a) Each municipal authority shall make provisions for the safe and sanitary disposal of all solid wastes which are generated within its boundaries, including septic tank pumpings, sludge from water pollution abatement facilities and water supply treatment plants, solid residues and sludge from air pollution control facilities and solid wastes from commercial, industrial, agricultural and mining operations, and its share of the solid waste remaining after any recycling facility holding a permit has processed its solid waste, but excluding wastes which are toxic or hazardous. Solid waste generated by any recycling facility holding a permit shall be apportioned to each municipality by weight in direct proportion to the solid waste received from each municipality. No municipality shall be responsible for any hauling costs resulting from the residue from such recycling facility. The recycling facility shall be responsible to pay tipping fees for returned residue at the uniform rate annually established by the solid waste facility for the appropriate category of recycling residue. Such disposal may be in areas within its own boundaries or arrangements may be made for disposing of these wastes in any other municipality. The safe and sanitary disposal of toxic or hazardous wastes shall be the responsibility of the generator and shall be accomplished in a manner approved by the commissioner. In complying with this section, a municipal authority may, by action of its legislative body, provide for the levying of a charge for the disposal, processing or sale of solid wastes brought to a disposal facility or facilities or to a facility or facilities for the processing or sale of recyclable items designated pursuant to section 22a-241b, or pursuant to a municipal ordinance or other enforceable legal instrument, which facilities shall be provided by said municipal authority, by persons other than those in the employ of the municipality while in the course of such employment.

      (b) Each recycling facility shall maintain records necessary to make the determinations required under subsection (a) of this section. Such records shall include, but not be limited to, the amount of solid waste derived from each municipality and the amount of residue apportioned to each municipality.

      (c) Any municipality, or its agent, whose solid waste is processed at a recycling facility, or any solid waste facility which accepts residue from a recycling facility may, at any reasonable time, inspect the recycling facility, including any records concerning the amount of solid waste received and residue returned.

      (d) If any municipality, regional authority or regional solid waste facility fails to receive proper residue allocation, it may institute and maintain a civil action for injunctive relief in any court of competent jurisdiction to require proper residue allocation. The court shall have the power to grant such injunctive relief upon notice and hearing.

      (e) Nothing in this section shall be construed to abrogate or in any way interfere with any agreement entered into by any municipal authority with another municipality prior to April 9, 1976.

      (f) On and after January 1, 1991, each municipality shall, consistent with the requirements of section 22a-241b, make provisions for the separation, collection, processing and marketing of items generated within its boundaries as solid waste and designated for recycling by the commissioner pursuant to subsection (a) of section 22a-241b. It shall be the goal to recycle twenty-five per cent of the solid waste generated in each municipality provided it shall be the goal to reduce the weight of such waste by January 1, 2000, by an additional fifteen per cent by source reduction as determined by reference to the state solid waste management plan established in 1991, or by recycling such additional percentage of waste generated, or both. The provisions of this subsection shall not be construed to require municipalities to enforce reduction in the quantity of solid waste. On or before January 1, 1991, each municipality shall: (1) Adopt an ordinance or other enforceable legal instrument setting forth measures to assure the compliance of persons within its boundaries with the requirements of subsection (c) of section 22a-241b and to assure compliance of collectors with the requirements of subsection (a) of section 22a-220c, and (2) provide the Commissioner of Environmental Protection with the name, address and telephone number of a person to receive information and respond to questions regarding recycling from the department on behalf of the municipality. The municipality shall notify the commissioner within thirty days of its designation of a new representative to undertake such responsibilities. A municipality may by ordinance or other enforceable legal instrument provide for and require the separation and recycling of other items in addition to those designated pursuant to subsection (a) of section 22a-241b.

      (g) A municipality may contract with a municipal authority, another municipality, a regional entity, the Connecticut Resources Recovery Authority, a nonprofit organization, a private contractor or any combination thereof for assistance in complying with the requirements of this section.

      (h) On or before September 30, 2010, and annually thereafter, each municipality, or its designated regional agent, shall provide a report to the Commissioner of Environmental Protection describing the measures taken during the preceding year to meet its obligations under this section. The commissioner shall provide each municipality with a form for such report by July 1, 2010. Such form may be amended from time to time. Such report shall include, but not be limited to, (1) a description of the efforts made by the municipality to promote recycling, (2) a description of its efforts to ensure compliance with separation requirements, (3) an identification of the first destinations that received solid waste, including recyclable material generated in the municipality's borders, and (4) the actual or estimated amount of such disposed solid waste and recyclable material that has been delivered to a first destination that is out of state or a Connecticut end user. If such amounts of recyclable material or solid waste are unknown to the municipality, the municipality shall provide the commissioner with the contact information of the collector who transported such recyclable material or municipal solid waste. For the purposes of this subsection, "collector" has the same meaning as in section 22a-220a.

      (i) Each municipality shall designate a municipal or regional agent to receive from collectors of solid waste and recyclable items and from operators of resources recovery facilities and solid waste facilities the notices required to be sent to the municipality pursuant to section 22a-220c.

      (j) On and after January 1, 1991, the commissioner may issue an order, in accordance with the procedures set forth in section 22a-225, to enforce the requirements of this section and section 22a-241e. If the commissioner determines that a municipality is making insufficient progress in implementing a recycling program he may issue a notice of recycling program deficiency. Thirty days after issuance of said notice the commissioner shall meet with the chief executive officer of the municipality to discuss the deficiency, the municipality's explanations thereof and remedial steps. The municipality at such meeting may cite impediments to the accomplishment of recycling program goals including, but not limited to, the following: The availability of markets; the availability of local processing systems; the availability of regional processing centers; the desirability of alternate utilization techniques; impacts on public health or the environment associated with recycling; or severe economic impact. If the commissioner, after considering such impediments, determines deficiencies still exist which should be remedied, he shall give the municipality further notice and an opportunity to implement remedial steps within ninety days of the receipt of such notice. If after expiration of the ninety-day remedial period, the commissioner determines that the municipal recycling program remains deficient in meeting statutory requirements he may hold a hearing and issue an order. No such order which imposes a duty on the municipality to appropriate funds for the budget of such municipality so as to comply with the order shall be effective earlier than the first fiscal year beginning after five months following the date of issuance of such order.

      (1971, P.A. 845, S. 14; P.A. 76-34, S. 1-3; P.A. 79-57, S. 1, 2; 79-605, S. 1, 17; P.A. 82-327, S. 7; P.A. 90-220, S. 2, 11; 90-312, S. 9; P.A. 91-92; 91-293, S. 8, 9; P.A 93-423, S. 1; P.A. 96-163, S. 2; P.A. 10-87, S. 2.)

      History: P.A. 76-34 added provision authorizing municipality to levy charge for waste disposal by persons other than municipal employees in the course of their employment and added Subsec. (b); P.A. 79-57 replaced "area(s)" with "facility(ies)" in Subsec. (a); P.A. 79-605 gave municipality responsibility for disposing of sludge from water pollution abatement facilities, water supply treatment plants and air pollution control facilities, and solid wastes from air pollution control facilities and agricultural and mining operations and clearly placed responsibility for toxic and hazardous wastes on waste generator; P.A. 82-327 removed provision which had required that Sec. 7-162 provisions must be complied with in arrangements to transport solid wastes to another municipality or out of the state; Sec. 19-524n transferred to Sec. 22a-220 in 1983; P.A. 90-220 amended Subsec. (a) to authorize a municipality to charge for solid wastes brought to a facility for the processing or sale of recyclable items or pursuant to ordinance, and added Subsecs. re duties of a municipality re separation, collection, processing and marketing of items, re municipal contracts, re report to commissioner, re designation of agent and re notice of recycling program deficiency order by commissioner, designated as Subsecs. (f) to (j), inclusive, in keeping with provisions enacted in P.A. 90-312; P.A. 90-312 amended Subsec. (a) to require municipalities to dispose of residue from recycling facilities, inserted new Subsecs. (b) re maintenance of records by recycling facility, (c) re inspection of recycling facility and (d) re institution of action for injunctive relieve, and relettered former Subsec. (b) as (e) accordingly; P.A. 91-92 rephrased Subsec. (f) to establish a goal for recycling 25% of the solid waste generated in each municipality; P.A. 91-293 amended Subsec. (h) to change the date by which municipalities must begin submitting reports under that subsection from July 1, 1991, to August 31, 1991, and to require commissioner to provide forms by June 1, 1991, rather than by March 1, 1991; P.A. 93-423 amended Subsec. (f) to add provision re January 1, 2000, recycling goal; P.A. 96-163 amended Subsec. (f) to change the basis for measuring solid waste for purposes of the recycling goal from volume to weight; P.A. 10-87 amended Subsec. (h) by changing report date from August 31, 1991, to September 30, 2010, changing date for commissioner to provide form for report from June 1, 1991, to July 1, 2010, replacing former Subdivs. (3) and (4) with new Subdiv. (3) re identification of first destinations that received solid waste, including recyclable material generated in municipality's borders, and new Subdiv. (4) re reporting of actual or estimated amount of disposed solid waste and recyclable material that has been delivered to first destination that is out of state or a Connecticut end user, adding provision re collector contact information and defining "collector", effective June 2, 2010.

      See Sec. 22a-117 re hazardous waste.

      See Sec. 22a-446a re uniform tipping fee at facilities disposing of septic tank pumpings.

      Annotations to former section 19-524n:

      Cited. 168 C. 278. Cited. 174 C. 146.

      Annotations to present section:

      Cited. 192 C. 591.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570. Cited. 19 CA 216.

      Sec. 22a-220a. Designation by municipality of areas for solid waste disposal. Designation of areas for items generated from residential properties. Registration of solid waste collectors. Reports by solid waste collectors. Scavenging. (a) The legislative body of a municipality may designate the area where solid waste generated within its boundaries by residential, business, commercial or other establishments shall be disposed. The disposal of such solid waste at any other area is prohibited, except that a municipality may approve, in writing, disposal at another area, either within or outside the boundaries of such municipality, prior to disposal. A municipality may refuse to approve disposal at another area if such disposal would adversely affect its solid waste disposal program. The legislative body of a municipality may also designate where the following items generated within its boundaries from residential properties shall be taken for processing or sale: (1) Cardboard, (2) glass, food and beverage containers, (3) leaves, (4) metal food and beverage containers, (5) newspapers, (6) storage batteries, (7) waste oil, and (8) plastic food and beverage containers. The processing or sale of such items at any other area shall be prohibited, except that a municipality may approve, in writing, processing or sale elsewhere, either within or outside the boundaries of such municipality, prior to processing or sale. A municipality may refuse to approve processing or sale elsewhere if such processing or sale would adversely affect its recycling program. For purposes of sections 22a-208e, 22a-208f, 22a-220, this section, sections 22a-220c, 22a-241b, 22a-241e, and subsection (c) of section 22a-241g, residential property means real estate containing one or more dwelling units but shall not include hospitals, motels or hotels.

      (b) The legislative body shall give not less than sixty days' notice of its intent to designate a disposal area for solid waste or to designate where the items generated from residential property listed in subsection (a) of this section shall be taken for processing or sale to all collectors hauling solid waste or such items of the municipality. At the conclusion of such period, the legislative body shall cause notice of such designation to appear in a newspaper of general circulation in the municipality and shall conduct a public hearing thereon. Prior to designating where the items generated from residential property and listed in subsection (a) of this section shall be taken for sale or processing, the municipality shall consider the private recycling occurring within the municipality, the effects of its proposed designation on such recycling, and the policy set forth in subdivision (4) of section 22a-259.

      (c) Except as provided in subsection (a) of this section, recyclable material, including but not limited to, glass, metal, paper, corrugated paper or plastic, may be removed or segregated at the source of generation or prior to disposal at the designated area and presegregated recyclable material may be transported directly to facilities which accept and process recyclable material.

      (d) (1) Any collector hauling solid waste generated by residential, business, commercial or other establishments, including, but not limited to, recyclables generated within the borders of a municipality, shall register annually in such municipality and disclose: (A) The name and address of the collector and the owner of such collection company; (B) the name of any other municipality in which such collector hauls such solid waste, including recyclables; (C) whether the hauling done by such collector is residential, commercial or other; (D) the types of waste hauled; (E) the anticipated location of any disposal facilities or end users receiving recyclable solid waste; and (F) any additional information that such municipality requires to ensure the health and safety of its residents.

      (2) On or before July 31, 2011, any such collector shall report to the municipality (A) the types of solid waste, including recyclables, as listed in subsection (c) of section 22a-208e generated within the borders of a municipality and collected by such collector, (B) the name, location and contact information for the first destination where such solid waste, including recyclables, was delivered by the collector during the previous fiscal year, and (C) the types and actual or estimated amounts of such solid waste, including recyclables, directly delivered to an out-of-state destination or to an end user or manufacturer in the state. Such reports shall be submitted to the municipality annually, on or before July thirty-first, and shall provide the information specified in this subdivision for the prior state fiscal year. Such reports shall be on a form prescribed by the Commissioner of Environmental Protection and shall include any other additional information the commissioner deems necessary.

      (e) The door of any private vehicle used to haul solid waste shall be clearly marked with the business name and address of the hauler.

      (f) Any collector who dumps more than one cubic foot in volume of solid waste at one time in an area not designated for such disposal by a municipality pursuant to the provisions of this section or who knowingly mixes other solid waste with items designated for recycling pursuant to section 22a-241b, or pursuant to municipal ordinance shall for a first violation be liable for a civil penalty of not more than two thousand five hundred dollars for each violation and not more than ten thousand dollars for a subsequent violation. Any municipality or the Attorney General, at the request of the commissioner, may bring an action under this section. All such actions shall have precedence in the order of trial as provided in section 52-191. Any such action by the Attorney General shall be brought in the superior court for the judicial district of Hartford.

      (g) As used in this section, "collector" means any person who holds himself out for hire to collect solid waste on a regular basis from residential, business, commercial or other establishments.

      (h) The legislative body of a municipality may prohibit the scavenging of solid waste.

      (i) Any person, other than a collector, who: (1) Dumps more than one cubic foot in volume of solid waste at one time in a solid waste or refuse collection container without the authorization of the owner of such container or (2) dumps any material into a recycling collection container used to collect another type of material for purposes of disposal by a collector shall be guilty of an infraction as provided for in chapter 881b. Any owner or lessor of a solid waste or refuse collection container may post signs on or near such container which indicate the penalties provided for in this section for unauthorized disposal of waste in such container. Any municipal police officer may issue a summons for the commission of an infraction for any violation of this subsection.

      (j) If a collector hauls solid waste generated in this state, including recyclables as listed in subsection (c) of section 22a-208e from an entity located in the state other than a facility that has obtained a permit or authorization pursuant to this chapter and delivers such solid waste or recyclables to a destination that is an entity other than a facility that has obtained a permit or authorization pursuant to this chapter, then on or before July 31, 2011, and annually thereafter, such collector shall submit a report regarding such solid waste, including recyclables, to the Commissioner of Environmental Protection. Such report shall be on a form prescribed by the commissioner and shall provide such information regarding such solid waste as the commissioner deems necessary, including, but not limited to: (1) The types of solid waste, including recyclables, collected, (2) for municipal solid waste, the municipality of origin of such municipal solid waste including recyclables, (3) the amount by weight, volume or other method acceptable to the commissioner of such solid waste, including recyclables delivered to such destination, and (4) the name, address and contact information of the entity receiving such solid waste or recyclables.

      (k) If a collector hauls municipal solid waste generated in the state, including recyclables, and delivers such municipal solid waste, including recyclables, to a facility that has obtained a permit or authorization pursuant to this chapter, then, upon delivery, such collector shall identify to the receiving facility for each load of municipal solid waste or recyclables, as applicable: (1) The originating regional facility, (2) the originating municipality if such waste did not pass through a regional facility, or (3) the originating regional facility or state if such waste originated outside of the state. If such municipal solid waste load comes from more than one municipality, the collector shall estimate the amount of waste from each municipality.

      (P.A. 83-120; 83-587, S. 94, 96; P.A. 85-334, S. 5, 8; P.A. 87-531, S. 3; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; 90-220, S. 3, 11; 90-249, S. 1; P.A. 93-142, S. 4, 7, 8; P.A. 94-200, S. 3, 4; P.A. 95-220, S. 4-6; P.A. 10-87, S. 10-12.)

      History: P.A. 83-587 changed effective date of P.A. 83-120 from October 1, 1983, to July 1, 1983; P.A. 85-334 amended Subsec. (a) by authorizing municipalities to approve of disposal at areas other than those designated by them within their boundaries and revised subsection divisions; P.A. 87-531 amended Subsec. (a) to prohibit towns from refusing to approve the transportation of presegregated recyclable material to facilities accepting and processing recyclable material, added reference to transport of recyclable material in Subsec. (c), added Subsec. (f) establishing a penalty for dumping at an area not designated for disposal and added Subsec. (g) defining "collector"; P.A. 88-230 replaced "judicial district of Hartford-New Britain at Hartford" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 90-220 substituted "solid waste" for "refuse", amended Subsec. (a) to authorize a municipality to designate where certain items generated from residential property shall be taken for processing or sale, amended Subsec. (b) requiring legislative body to give 60 days' notice of intent to make such a designation and required municipality to consider private recycling, the effects of such a designation and policy prior to such designation, and added Subsec. (h) re scavenging; P.A. 90-249 amended Subsec. (f) by substituting "solid waste" for "refuse" and providing that the penalty be applicable to collectors who knowingly mix solid waste with items designated for recycling; 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. 94-200 amended Subsec. (f) to increase the penalties provided for in that subsection and added new Subsec. (i) re unauthorized dumping in certain containers; 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. 10-87 amended Subsec. (d) by designating existing provisions as Subdiv. (1) and amending same by adding provisions re recyclables generated within borders of municipality, annual registration and requirement to disclose name and address of collector and owner of collection company, whether hauling is residential, commercial or other, types of waste hauled, anticipated location of disposal facilities and end users and additional information required by municipality to ensure health and safety of residents, and by adding Subdiv. (2) re required content of collector report to municipality, amended Subsec. (g) by redefining "collector" and added Subsec. (j) re report by collector when hauling and delivering solid waste from and to an entity that does not have permit and Subsec. (k) re identification of originating facility, municipality or regional facility by collector to receiving facility, effective July 1, 2010.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      Subsec. (h):

      Cited. 224 C. 627.

      Sec. 22a-220b. Payments to municipalities by operators of solid waste land disposal facilities. The owner or operator of a solid waste land disposal facility shall pay to the municipality in which such facility is located fifty cents for each ton of solid waste that is received at such facility. Any payment made pursuant to this section shall be in addition to any payment made pursuant to section 22a-282.

      (P.A. 85-439; P.A. 88-352, S. 1.)

      History: P.A. 88-352 deleted language applying provisions to facilities that accept waste from one or more municipalities and made technical changes.

      See Sec. 22a-282 re payments to municipalities by Connecticut Resources Recovery Authority.

      Cited. 239 C. 515.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      Sec. 22a-220c. Notification to collectors re items required to be recycled. Warning notices. Inspections. Notification to municipalities re delinquent tipping fees. (a) Each municipality, or its regional agent, shall, by mail, notify all collectors registered to haul solid waste pursuant to section 22a-220a of the provisions made for the collection, processing and marketing of items which are required to be recycled pursuant to section 22a-241b or municipal ordinance. After the mailing of such notice, any collector who has reason to believe that a person from whom he collects solid waste has discarded recyclable items with such solid waste in violation of said section 22a-241b shall promptly notify the municipal agent designated pursuant to section 22a-220 of the alleged violation. Upon the request of the municipality, a collector shall provide a warning notice, by tag or other means, to any person suspected by the collector or municipality of violating separation requirements. A collector shall also assist the municipality to identify any person responsible for creating loads containing significant quantities of recyclable items mixed with solid waste which are delivered to a resources recovery facility or solid waste facility by the collector and detected by the owner or operator of such facility pursuant to subsection (b) of this section.

      (b) On and after January 1, 1991, the owner or operator of each resources recovery facility or solid waste facility who has reason to believe, upon visual inspection, that a load of solid waste which is delivered to the facility contains significant quantities of grass clippings or significant quantities of any item required to be recycled pursuant to subsection (a) of section 22a-241b shall provide prompt notification of such belief to the driver of the vehicle delivering the load and to the agent of the municipality from which the load originated, designated pursuant to section 22a-220. The owner or operator of each resources recovery facility or solid waste facility shall conduct periodic unannounced inspections of loads delivered to the resources recovery facility or solid waste facility to assist municipalities and the commissioner in accurately assessing compliance with said section 22a-241b and subsection (c) of section 22a-208v. Such owners or operators shall conduct additional inspections upon the request of the commissioner.

      (c) Where a collector of solid waste is delinquent in paying its tipping fees for a period of three consecutive months to a resources recovery facility or solid waste facility, the owner or operator of such facility shall notify each municipality in which such collector operates of such delinquency.

      (P.A. 90-220, S. 4, 11; P.A. 98-99, S. 4; P.A. 02-116, S. 1.)

      History: P.A. 98-99 amended Subsec. (b) to require owners or operators of resources recovery facilities to assess compliance with prohibition on disposal of grass clippings; P.A. 02-116 added Subsec. (c) to require owners or operators of resource recovery or solid waste facilities to notify municipalities if a collector is delinquent in paying its tipping fees.

      Subsec. (a):

      Cited. 224 C. 627.

      Subsec. (b):

      Cited. 224 C. 627.

      Sec. 22a-220d. Warning. Penalty. The owner or operator of any resources recovery facility or landfill who fails to notify a municipality about the delivery of loads of solid waste originating from the municipality containing significant quantities of recyclable items, as required by section 22a-220c, shall be subject to a warning by the municipality or the Commissioner of Environmental Protection for a first violation and to a civil penalty of five hundred dollars for each subsequent violation. The owner or operator of any resources recovery authority or landfill who fails to conduct an inspection when requested by the Commissioner of Environmental Protection, as required by section 22a-220c, shall for a first violation be subject to a civil penalty of one thousand dollars for each violation and five thousand dollars for each subsequent violation. Any municipality which fails to receive the notification as required, or the Attorney General, at the request of the commissioner, may bring an action under this section. All such actions shall have precedence in the order of trial as provided in section 52-191. Any such action by the Attorney General shall be brought in the superior court for the judicial district of Hartford.

      (P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; 90-249, S. 3; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)

      History: (Revisor's note: P.A. 88-230 and P.A. 90-98 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain at Hartford" in public and special acts of 1990 session, effective 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. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

      Sec. 22a-221. (Formerly Sec. 19-524o). Contracts with regard to solid waste management. (a) The state, any municipality or any municipal or regional authority may make contracts for the exercise of its corporate or municipal powers with respect to the collection, transportation, separation, volume reduction, processing, storage and disposal of its solid wastes for a period not exceeding thirty years and may pledge its full faith and credit for the payment of obligations under such contracts.

      (b) Any municipality or two or more municipalities may enter into a contract for the long-term provision of solid waste disposal services. The contract may include, but not be limited to, (1) the furnishing of municipal solid waste for disposal and (2) payment of a fee or other charge based on a per cent of actual or projected tonnage of solid waste delivered at a solid waste facility. The contract may require payments to be made if services are not provided, except that no payment shall be made after all debt issued by any of the parties for development and construction of a solid waste facility has been provided for or paid. The contract shall be binding on a municipality for the full term of such contract and a municipality shall be obligated to annually appropriate funds or levy taxes to pay its obligations under such contract.

      (c) Any such contract may authorize the creation of a committee consisting of representatives of any municipality that is a party to the contract. Such contract shall set forth the method of appointment and duties of members of the committee.

      (d) The obligation of a municipality to make payments under a contract shall not constitute bonded indebtedness for the purposes of subsection (b) of section 7-374 or under any charter provision limiting the amount of indebtedness of the municipality or the manner in which such indebtedness is authorized. Any such contract shall be valid, binding and enforceable against the municipality if it is approved by the legislative body of the municipality, as defined in subsection (m) of section 1-1. A referendum shall not be required except as provided by section 7-7.

      (e) Any such contract may require or authorize the payment by a municipality of the obligation of another municipality failing to make a payment. The municipality making such payment may bring an action against the defaulting municipality to recover the amounts paid and expenses and costs incurred in such action.

      (1971, P.A. 845, S. 15; P.A. 84-95, S. 1, 2; P.A. 85-143, S. 2, 3.)

      History: Sec. 19-524o transferred to Sec. 22a-221 in 1983; P.A. 84-95 increased the maximum duration of contracts from 20 to 30 years; P.A. 85-143 amended prior provisions to authorize municipalities to make contracts re solid waste management, adding references to separation, processing and storage of wastes, and added Subsecs. (b) to (e) detailing types and contents of contracts and municipalities' responsibilities.

      Cited. 17 CA 17; judgment reversed, see 212 C. 570.

      Sec. 22a-221a. Operating committees declared to be public instrumentalities and political subdivisions of the state. Any operating committee established pursuant to subsection (c) of section 22a-221 shall constitute a public instrumentality and political subdivision of the state of Connecticut established and created for the performance of an essential public and governmental function.

      (P.A. 88-352, S. 6, 8.)

      Sec. 22a-221b. Disposal of solid waste collected from state facilities. Each department head, as defined in section 4-5, other than the Commissioner of Transportation, shall ensure that any municipal solid waste removed from any state facility or property under his jurisdiction shall be disposed of at the regional transfer station or other site designated by the municipality in which the facility or property is located. Any long-term contract for the disposal of solid waste entered into by any such department head shall include provisions to carry out the purposes of this section provided nothing in this section shall affect or impair any contract which exists on October 1, 1995.

      (P.A. 95-324, S. 5.)

      Sec. 22a-222. Grants to resource recovery authorities for feasibility studies and development expenses for a resource recovery system or incinerator. (a) The Commissioner of Environmental Protection shall make a grant for financial assistance to any resources recovery authority from the proceeds of the sale of any bonds authorized for such purpose for feasibility studies and development expenses as are determined to be appropriate by said commissioner which are incurred prior to permanent financing of a resource recovery system or an incinerator. Eligible activities shall include, but not be limited to, the costs of the preparation of financial, technical, legal and engineering information for the system or incinerator and analysis of the impact of recycling on such system or incinerator. To be eligible for a grant, the system or incinerator shall be under study or proposed for a study and shall be consistent with the state solid waste management plan.

      (b) The Commissioner of Environmental Protection shall administer the program established by this section.

      (June Sp. Sess. P.A. 83-9, S. 1, 3; P.A. 85-478, S. 1, 10; P.A. 94-130, S. 13.)

      History: P.A. 85-478 amended Subsec. (a) to authorize funds for certain development expenses, to add legal expenses to list of eligible activities and to delete provision imposing specified monetary limits on grant amounts and made technical change in Subsec. (b); P.A. 94-130 in Subsec. (b) eliminated the requirement that a resources recovery system or facility reimburse the state for any funds provided pursuant to this section when it becomes operational.

      Sec. 22a-223. Funds for preliminary feasibility studies of energy recovery systems or incinerators by governmental entities. The Commissioner of Environmental Protection may, from proceeds of the sale of state bonds allocated by the State Bond Commission to the Department of Environmental Protection in accordance with subdivision (8) of subsection (e) of section 2 of special act 82-46, provide funds to any municipality, any group of municipalities, any regional planning agency organized under the provisions of chapter 127, any regional council of elected officials organized under the provisions of chapter 50 or any regional council of governments organized under the provisions of sections 4-124i to 4-124p, inclusive, for a preliminary feasibility study of an energy recovery system or an incinerator. Any such study shall be prepared in consultation with said commissioner and shall include but not be limited to an investigation of the markets for the system, identification of the waste stream, cost estimates of system construction and the cost per ton of solid waste disposal. The amount of such funds granted for any single study shall not exceed eighty per cent of the total cost of such study and in no event shall the total amount granted for any single study exceed twenty-five thousand dollars.

      (P.A. 83-151, S. 1, 2.)

      Sec. 22a-224. Study and construction of resource recovery systems at certain state mental health hospitals. Contracts for purchase of steam or electricity from systems. Section 22a-224 is repealed, effective October 1, 2002.

      (P.A. 83-424, S. 1, 2; P.A. 84-79, S. 1, 2; P.A. 95-257, S. 11, 58; P.A. 02-89, S. 90.)

      Sec. 22a-225. Orders. Appeals. (a) The commissioner may issue, modify or revoke orders correcting or abating violations under this chapter or adopting other remedial measures as are necessary to correct or abate such violations. Such orders may be issued to any person who violates any provision of this chapter or any regulation adopted or permit issued pursuant to this chapter, or to the owner of any land on which the violation occurs regardless of whether the owner of the land participated in the violation. If two or more persons are issued an order pursuant to this section for the same violation, such persons shall be jointly and severally liable for complying with such order.

      (b) Each order issued under this chapter shall be served by certified mail, return receipt requested, or by service by a state marshal or indifferent person. If the order is served by a state marshal or indifferent person, a true copy of the order shall be served, and the original, with a return of such service endorsed thereon, shall be filed with the Commissioner of Environmental Protection. The order shall be deemed to be issued upon service or upon deposit in the mail. Any order issued pursuant to this chapter shall state the basis on which it is issued and shall specify a reasonable time for compliance.

      (c) Unless a person aggrieved by an order files a written request for a hearing before the commissioner within thirty days after the date of issuance, such order shall become final. If requested, the commissioner shall hold a hearing as soon thereafter as practicable. A request for a hearing shall be a condition precedent to any appeal. The commissioner may, after the hearing or at any time after the issuance of his order, modify such order by agreement or extend the time schedule therefor if he deems such modification or extension advisable or necessary, and any such modification or extension shall be deemed to be a revision of an existing order and shall not constitute a new order. There shall be no hearing subsequent to or any appeal from any such modification or extension.

      (d) After hearing, the commissioner shall consider all supporting and rebutting evidence and affirm, modify or revoke such order in his discretion and shall so notify the recipient of the order by certified mail, return receipt requested.

      (e) When the commissioner issues an order pursuant to this chapter, he shall cause a certified copy or notice thereof to be filed on the land records in the town wherein the land is located, and such certified copy or notice shall constitute a notice to the owner's heirs, successors and assigns. When the order has been fully complied with or revoked, the commissioner shall issue a certificate showing such compliance or revocation, which certificate the commissioner shall cause to be recorded on the land records in the town wherein the order was previously recorded.

      (f) The final order of the commissioner shall be subject to appeal as set forth in sections 4-183 and 4-184, except that any such appeal shall be taken to the superior court for the judicial district of New Britain.

      (P.A. 85-334, S. 3, 8; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; 90-312, S. 1, 11; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-215, S. 24, 29; P.A. 00-99, S. 65, 154.)

      History: P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 90-312 inserted new Subsec. (a) re issuance, modification and revocation of orders and relettered the remaining Subsecs. accordingly; 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. 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. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain" in Subsec. (f), effective June 29, 1999; P.A. 00-99 replaced references to sheriff with state marshal in Subsec. (b), effective December 1, 2000.

      Subsec. (b):

      Cited. 215 C. 82.

      Cited. 19 CA 216.

      Subsec. (c):

      Cited. 215 C. 82.

      Subsec. (e):

      Cited. 215 C. 82.

      Sec. 22a-226. Civil penalty. (a) Any person who violates any provision of this chapter or any regulation, permit or order adopted or issued under this chapter, or any owner of land who knowingly permits such violations to occur on his land, shall be assessed a civil penalty not to exceed twenty-five thousand dollars, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon request of the commissioner, shall institute a civil action in the superior court for the judicial district of Hartford to recover such penalty.

      (b) If any person violates any provision of this chapter or any regulation, permit or order adopted or issued under this chapter, the commissioner may request the Attorney General to bring an action in the superior court for the judicial district of Hartford to enjoin such person from such violation and to order remedial measures to prevent, control or abate pollution. If two or more persons are responsible for a violation of any provision of this chapter or any regulation, permit or order adopted or issued under this chapter, such persons shall be jointly and severally liable under this subsection.

      (c) Any action brought by the Attorney General pursuant to this section shall have precedence in the order of trial as provided in section 52-191.

      (P.A. 85-334, S. 4, 8; P.A. 88-230, S. 1, 12; P.A. 89-270, S. 1; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)

      History: P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 89-270 entirely replaced prior provisions limiting penalties to violations of final orders and applied penalty to violations of the chapter or any regulation, permit or order adopted or order issued thereunder, and added new provisions making landowners who knowingly permitted violations to occur subject to penalty and re actions by attorney general; 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. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

      Cited. 215 C. 82. Cited. 227 C. 175. P.A. 89-270 cited. Id.

      Cited. 19 CA 216. Section is civil in nature and applicable sanctions serve predominately remedial and compensatory interests. 71 CA 1.

      Sec. 22a-226a. Penalty. Any person who knowingly violates any provision of section 22a-252, section 22a-208a, section 22a-208c, any permit issued under said section 22a-208a, subsection (c) or (d) of section 22a-250, any regulation adopted under section 22a-209 or 22a-231, or any order issued pursuant to section 22a-225 shall be fined not more than twenty-five thousand dollars per day 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 fifty thousand dollars per day for each day of violation or imprisonment for not more than five years or both.

      (P.A. 89-270, S. 2; P.A. 90-163, S. 2; 90-312, S. 11; P.A. 91-406, S. 21, 29; P.A. 00-19, S. 2.)

      History: P.A. 90-163 added reference to Sec. 22a-252; P.A. 90-312 added reference to orders issued pursuant to Sec. 22a-208c; P.A. 91-406 made a technical change; P.A. 00-19 increased terms of imprisonment from one year to two years and from two years to five years, respectively.

      Cited. 41 CA 779.

      Sec. 22a-226b. Penalty for violations placing another in imminent danger of death or bodily injury. Any person who, in the commission of a violation for which a penalty would be imposed under section 22a-226a, knowingly places another by commission of such violation in imminent danger of death or serious bodily injury, shall be fined not more than one hundred thousand dollars or imprisoned not more than two years or both. A subsequent conviction for any such violation shall carry a fine of not more than two hundred fifty thousand dollars or imprisonment for not more than five years or both.

      (P.A. 89-270, S. 3.)

      Sec. 22a-226c. Penalty for illegal disposal of biomedical waste. (a) Any person who disposes of biomedical waste, as defined in section 22a-207, in violation of any provision of this chapter or chapter 446k or any regulation adopted thereunder, shall be assessed a civil penalty not to exceed twenty-five thousand dollars, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense and, in case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon complaint of the commissioner, shall institute a civil action in the superior court for the judicial district of Hartford to recover such penalty.

      (b) The provisions and remedies under this section shall not be considered exclusive and shall be in addition to any other provisions provided for in any section of the general statutes or which are available at common law.

      (P.A. 88-230, S. 1, 12; P.A. 89-270, S. 6; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)

      History: (Revisor's note: P.A. 88-230 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public and special acts of the 1989 session, effective September 1, 1991); 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. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

      Sec. 22a-226d. Municipal enforcement of solid waste disposal laws. Penalties. (a) Notwithstanding the provisions of section 7-148, any municipality may establish, by ordinance, a fine for a violation of (1) subsection (a) of section 22a-250, (2) an ordinance adopted pursuant to subsection (f) of section 22a-220, (3) subsection (f) of section 22a-220a, or (4) subsection (i) of section 22a-220a, provided the amount of such fine shall be not more than one thousand dollars.

      (b) Any police officer or other person authorized by the chief executive officer of the municipality may issue a citation to any person who commits such a violation. Any municipality which adopts an ordinance pursuant to subsection (a) of this section may also adopt a citation hearing procedure pursuant to section 7-152c by which procedure such fine shall be imposed.

      (c) Any fine collected by a municipality pursuant to this section shall be deposited into the general fund of the municipality or in any special fund designated by the municipality.

      (P.A. 94-200, S. 1.)

      Sec. 22a-227. Municipal solid waste management plan. (a) On or before January 1, 1987, a municipality may submit to the Commissioner of Environmental Protection a plan for the next twenty-year period for the management of all solid waste generated within its boundaries.

      (b) Any plan submitted pursuant to this section shall provide a reasonable, practical and effective short and long term strategy to meet the solid waste management needs of the municipality and may include provisions for (1) the handling and disposal of all solid waste generated within the municipality, including, but not limited to, transportation after collection from the generator, separation, processing, recycling, storing, recovering energy or materials from solid waste and disposal of nonrecoverable waste residues; (2) alternate disposal methods in the case of a failure of usual methods; (3) intermunicipal cooperative use of solid waste facilities; and (4) the minimization of the land disposal of solid waste. Any such plan shall be developed in accordance with guidelines established by the commissioner after public notice and an opportunity for comment. Such guidelines shall not be subject to the provisions of chapter 54.

      (c) The Commissioner of Environmental Protection shall approve or disapprove any plan submitted pursuant to subsection (a) of this section. In making his decision, the commissioner shall consider any applicable federal or state health, environmental or planning standard. If the commissioner disapproves a plan, he shall send a notice to the municipality stating the reasons for such disapproval. A municipality may amend its initial plan in response to such disapproval within thirty days of the receipt of such notice. A municipality may submit a written request for a hearing to the commissioner within ten days of the receipt of a notice that its initial or amended plan is disapproved and the commissioner shall hold a hearing on such plan as soon thereafter as is practical. An appeal from the final decision of the commissioner may be taken in accordance with section 4-183, except that the petition shall be filed in the superior court for the judicial district of New Britain within ten days of the receipt of a notice of a final decision. Such appeal shall have the same precedence in the order of trial as provided in section 52-191 for civil actions brought by or on behalf of the state. Any municipality which does not submit a plan or does not have an approved solid waste management plan after appeal or, if no appeal is taken, after the time for taking an appeal has expired, shall manage its solid waste in accordance with the provisions of a state-wide solid waste management plan adopted pursuant to section 22a-228 after such state-wide plan is adopted.

      (P.A. 85-436, S. 1, 6; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 99-215, S. 24, 29.)

      History: P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; 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. 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. 99-215 replaced "judicial district of Hartford" with "judicial district of New Britain" in Subsec. (c), effective June 29, 1999.

      Sec. 22a-228. State-wide solid waste management plan. Regulations. Source reduction component. (a) The Commissioner of Environmental Protection shall adopt regulations in accordance with the provisions of chapter 54 establishing procedures for adopting and amending a state-wide solid waste management plan and for granting temporary variances from the provisions of the plan. Such regulations shall require notice to each affected municipality by certified mail, return receipt requested, and an opportunity for public comment, including regional hearings, and shall assure full consideration of and response to any comments received by the commissioner. The state-wide solid waste management plan shall be adopted and amended in accordance with such regulations, but shall not be deemed to be a regulation for purposes of chapter 54.

      (b) On or after January 1, 1987, the Commissioner of Environmental Protection shall adopt a state-wide solid waste management plan which shall incorporate each municipal solid waste management plan approved pursuant to section 22a-227. The plan shall establish specific goals for source reduction, bulky waste recycling and composting. The plan shall establish the following order of priority for managing solid waste: Source reduction; recycling; composting of yard waste or vegetable matter; bulky waste recycling; resource recovery or waste-to-energy plants; incineration and landfilling.

      (c) The commissioner shall amend said plan to include an assessment of the amount of landfill capacity needed in the state for landfills for residue from resources recovery facilities, ash from municipal incinerators and for bulky waste. Such assessment shall include (1) a projection of the annual capacity needed for the twenty-year period commencing on July 1, 1989, and (2) a minimum and maximum number of landfills in simultaneous operation required to dispose of such residue, ash or waste. Such amendment shall be available to the public on or before January 1, 1989.

      (d) On or before January 1, 1990, the Commissioner of Environmental Protection shall revise the state-wide solid waste management plan to include a source reduction component that outlines specific strategies to reduce the solid waste generated in this state by an amount not less than the amount required to maintain until the year 2010 the annual per capita solid waste generation rate at the rate estimated by the commissioner in 1988. Such strategies shall include measures to reduce waste from packaging materials and disposable products.

      (P.A. 85-436, S. 2, 6; P.A. 88-352, S. 7, 8; P.A. 89-130, S. 1; 89-385, S. 1; P.A. 91-293, S. 2, 9; P.A. 96-163, S. 8.)

      History: P.A. 88-352 amended Subsec. (b) by adding provision regarding an amendment to the plan assessing landfill capacity necessary for residue from resources recovery facilities, ash from municipal incinerators and for bulky waste; P.A. 89-130 amended Subsec. (b) to require the plan to establish specific goals for source reduction and inserted Subsec. (c) indicator; P.A. 89-385 added new Subsec. re revision of plan to include source reduction component; P.A. 91-293 in Subsec. (b) rephrased the language concerning the order of priority for managing solid waste; P.A. 96-163 amended Subsec. (b) to delete composting of mixed municipal solid waste from the order of priority for managing solid waste.

      See Sec. 22a-207a for definition of "composting", "mixed municipal solid waste" and "mixed municipal solid waste composting facility" applicable to subsection (b) of this section.

      See Sec. 22a-241a re recycling strategy.

      Sec. 22a-229. Consistency with plan. Polystyrene packaging. (a) After the adoption of a state-wide solid waste management plan pursuant to section 22a-228, any action taken by a person, municipality or regional authority that is governed by this chapter shall be consistent with such plan.

      (b) Except as provided in subsection (d) of this section, no municipality may prohibit the sale or use of polystyrene packaging products by any vendor, commercial or retail user of polystyrene if the vendors or retail users of such products demonstrate to an official designated by the chief executive officer of the municipality that such vendors or users are actively engaged in a comprehensive effort to recycle the polystyrene packaging materials which it generates. Such recycling effort shall include ongoing collection and delivery of such packaging materials to an established recycling facility.

      (c) Except as provided in subsection (d) of this section, no municipality may prohibit the sale or use of polystyrene packaging materials used for the display, storage or transportation of raw meat, poultry or fish.

      (d) The provisions of subsections (b) and (c) of this section shall not apply to any municipality which has held any hearing before October 1, 1989, in accordance with a municipal charter, special act or ordinance, on a proposed local law, ordinance or charter provision which, if enacted, would be inconsistent with said subsections, or which has enacted any local law, ordinance or charter provision prior to March 15, 1990, which is inconsistent with said subsections.

      (P.A. 85-436, S. 3, 6; P.A. 90-309.)

      History: P.A. 90-309 added Subsec. (b) re the prohibition of the sale or use of polystyrene packaging products, Subsec. (c) re prohibition of polystyrene packaging used for meat, poultry or fish and Subsec. (d) re exemption of certain municipalities.

      Sec. 22a-230. Orders to implement plan. After the adoption of a state-wide solid waste management plan pursuant to section 22a-228, the Commissioner of Environmental Protection may issue, modify or revoke any order issued pursuant to chapter 446d which he deems necessary to implement such plan.

      (P.A. 85-436, S. 4, 6.)

      Sec. 22a-231. Regulations re operating procedures for resources recovery facilities. The Commissioner of Environmental Protection, in consultation with the Commissioner of Public Health, shall establish by regulations adopted in accordance with the provisions of chapter 54, except that notice may be published not later than February 1, 1987, operating procedures for resources recovery facilities. The regulations shall include provisions for (1) testing for the presence of dioxins and furans at the stack of such facilities and in the ambient air surrounding such facilities, (2) testing of residues, (3) a policy to cease and desist operations in the case of emissions in excess of the standards adopted by the commissioner pursuant to section 22a-191 and (4) qualifications of operators.

      (P.A. 86-332, S. 3, 20; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)

      History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; 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-6z re regulations implementing Subtitle C of the Resource Conservation and Recovery Act of 1976.

      See Sec. 22a-190 for definitions of "resources recovery facility" and "dioxins and furans".

      Sec. 22a-232. Solid waste assessment. Penalty imposed for nonpayment. (a) There shall be paid to the Commissioner of Revenue Services by the owner of any resources recovery facility one dollar per ton of solid waste processed at the facility beginning on the date of commencement of commercial operation of the facility for calendar quarters commencing on or after October 1, 1987, until September 30, 2003. For calendar quarters commencing on and after October 1, 2003, the owner of any resources recovery facility shall pay to the Commissioner of Revenue Services one dollar and fifty cents per ton of solid waste processed at such facility.

      (b) Each owner of a resources recovery facility subject to the assessment as provided by this section shall submit a return quarterly to the Commissioner of Revenue Services, applicable with respect to the calendar quarter beginning October 1, 1987, and each calendar quarter thereafter, on or before the last day of the month immediately following the end of each such calendar quarter, on a form prescribed by the commissioner, together with payment of the quarterly assessment determined and payable in accordance with the provisions of subsection (a) of this section.

      (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) Any person or municipality liable for the service fee for solid waste delivered to a facility whose owner is subject to the assessment imposed by subsection (a) of this section shall reimburse the owner for any assessment paid for the solid waste delivered by such person or municipality. The assessment shall be a debt from the person or municipality responsible for paying such service fee to the owner.

      (e) 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 12-548 to 12-554, inclusive, and section 12-555a had been incorporated in full in this section, except that to the extent that any such provision is inconsistent with a provision in this section and except that the term "tax" shall be read as "solid waste assessment".

      (P.A. 86-332, S. 5, 20; P.A. 87-489, S. 2, 14; P.A. 89-270, S. 9; P.A. 90-312, S. 8, 11; P.A. 91-236, S. 20, 25; P.A. 95-26, S. 46, 52; June 30 Sp. Sess. P.A. 03-6, S. 153; P.A. 07-217, S. 113.)

      History: P.A. 87-489 amended Subsec. (a) by deleting the exemption for facilities where equivalent testing is performed and added Subsec. (d) regarding reimbursement of owners of facilities; P.A. 89-270 required that payments be made beginning on the date of commercial operation; P.A. 90-312 amended Subsec. (a) by requiring the assessment to be paid for calendar quarters commencing on or after October 1, 1987; P.A. 91-236 added Subsec. (e) to include administrative, penalty, hearing and appeal provisions, effective July 1, 1991, and applicable to "taxes", i.e. assessments, due on or after that date; P.A. 95-26 amended Subsec. (c) to lower interest rate from 1.5% to 1% 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; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a) by adding ending date for $1 fee of September 30, 2003, and increasing fee to $1.50 per ton for calendar quarters commencing on and after October 1, 2003, effective August 20, 2003; P.A. 07-217 made a technical change in Subsec. (d), effective July 12, 2007.

      See Sec. 22a-190 for definition of "resources recovery facility".

      Sec. 22a-233. Solid waste account. Annual report. Section 22a-233 is repealed, effective October 1, 2009.

      (P.A. 86-332, S. 6, 20; P.A. 87-489, S. 3, 14; P.A. 92-235, S. 1, 6; P.A. 94-130, S. 3; P.A. 96-163, S. 1; June Sp. Sess. P.A. 09-3, S. 513.)

      Sec. 22a-233a. Costs of testing. Notwithstanding any other provision of the general statutes, any cost of testing a resources recovery facility or any other activity eligible for payment shall be paid from the General Fund and shall not be paid by the owner of the facility, provided such owner shall pay any cost associated with: (1) Continuous meteorological and emissions monitoring of the facility required pursuant to section 22a-193 including the proportionate share, as determined by the Commissioner of Environmental Protection, of the telemetry costs incurred by the Department of Environmental Protection, (2) testing conducted as part of a performance test required as a condition for the approval by the commissioner of any initial permit to operate including, but not limited to, stack testing of dioxin and furan emissions and residue testing, but not including ambient air and ambient environmental monitoring for dioxin, (3) testing conducted as part of a performance test in conjunction with any modification of a facility which requires the approval of the commissioner of a new or amended construction or operating permit, and (4) special testing necessary to demonstrate compliance with any permit issued for the facility if the commissioner has reason to believe that the facility does not comply with such permit.

      (P.A. 87-489, S. 10, 14; June Sp. Sess. P.A. 09-3, S. 409.)

      History: (Revisor's note: In 1997 references to "Solid Waste Fund" were replaced editorially by the Revisors with "solid waste account" to conform section with Sec. 22a-233); June Sp. Sess. P.A. 09-3 deleted references to solid waste account, inserted reference to General Fund and made a technical change.

      Sec. 22a-234. Advisory Board for Solid Waste Management Alternatives. Section 22a-234 is repealed.

      (P.A. 86-332, S. 7, 20; P.A. 87-544, S. 9, 13; 87-589, S. 50, 87; P.A. 91-190, S. 8, 9.)

      Sec. 22a-234a. Assessment on solid waste processed at resources recovery facility or mixed municipal solid waste landfill. Hearing and appeal. (a) Beginning on and after July 1, 1992, and ending on June 30, 1994, there shall be paid to the Commissioner of Revenue Services by the owner of any resources recovery facility or mixed municipal solid waste landfill forty cents per ton of solid waste processed at the facility or disposed of at the landfill. Beginning on June 30, 1994, to July 1, 1995, there shall be paid to the commissioner by such owner zero cents per ton of such solid waste.

      (b) Each owner of a facility or landfill subject to the assessment as provided by this section shall submit a return quarterly to the Commissioner of Revenue Services, applicable with respect to the calendar quarter beginning July 1, 1992, and each calendar quarter thereafter, ending on June 30, 1994, on or before the last day of the month immediately following the end of each such calendar quarter, on a form prescribed by the commissioner, together with payment of the quarterly assessment determined and payable in accordance with the provisions of subsection (a) of this section.

      (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 added to the amount due and such penalty shall immediately accrue, and thereafter such assessment shall bear interest at the rate of one and one-half per cent per month 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) Any person or municipality delivering solid waste to a facility or landfill whose owner is subject to the assessment imposed by subsection (a) of this section shall reimburse the owner for any assessment paid for the solid waste delivered by such person or municipality. The assessment shall be a debt from the person or municipality responsible for paying such assessment to the owner.

      (e) 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 sections 12-548 to 12-554, inclusive, and section 12-555a had been incorporated in full in this section, except to the extent that any such provision is inconsistent with a provision in this section and except that the term "tax" shall be read as "solid waste assessment".

      (P.A. 89-385, S. 6; P.A. 90-235, S. 1, 2; P.A. 91-293, S. 6, 9; P.A. 93-361, S. 8; May Sp. Sess. P.A. 94-4, S. 29, 85; P.A. 95-160, S. 64, 69; P.A. 05-288, S. 106; June Sp. Sess. P.A. 09-3, S. 410.)

      History: P.A. 90-235 amended Subsec. (a) by changing the year in which the assessment begins from 1990 to 1991 and amended Subsec. (b) by changing the year to 1991; P.A. 91-293 amended section to change the effective date of the assessment to July 1, 1992, through July 1, 1994, and to change the assessment from $1 per ton to $0.40 per ton; P.A. 93-361 added Subsec. (f) incorporating by reference hearing and appeal procedures; May Sp. Sess. P.A. 94-4 in Subsec. (a) reduced tipping fee to zero cents per ton, effective June 9, 1994; (Revisor's note: In 1995 the word "fund" was changed editorially by the Revisors to "account" in reference to municipal solid waste recycling trust fund to conform section with Sec. 22a-241, as amended by P.A. 94-130); P.A. 95-160 revised effective date of May Sp. Sess. P.A. 94-4 but without affecting this section; P.A. 05-288 made a technical change in Subsec. (d), effective July 13, 2005; June Sp. Sess. P.A. 09-3 deleted former Subsec. (e) re revenue deposited in municipal solid waste recycling trust account and redesignated existing Subsec. (f) as Subsec. (e).

      Sec. 22a-235. Operations and maintenance plan. (a) The owner or operator of each resources recovery facility shall submit an operations and maintenance plan to the Commissioner of Environmental Protection for his approval. The plan shall include provisions for the identification of funds to implement the plan. The plan shall be periodically revised.

      (b) Any contract between a municipality and the owner or operator of a resources recovery facility which processes solid waste from such municipality shall include provisions for the funding of maintenance costs at the facility.

      (P.A. 86-332, S. 9, 20.)

      Sec. 22a-235a. List of municipalities without contracts to dispose of solid waste. On and after January 1, 1990, and annually thereafter, the Commissioner of Environmental Protection shall prepare and revise a list of all municipalities without contracts to dispose of the solid waste generated within their boundaries at resources recovery facilities or incinerators.

      (P.A. 89-386, S. 22, 24.)

      Sec. 22a-235b. Solicitation of solid waste from municipalities on list prepared by commissioner. The operator of a resources recovery facility or incinerator that accepts for disposal solid waste generated out of the state shall not enter into a contract to accept such waste on and after preparation of the list required under section 22a-235a unless such operator solicits solid waste from each municipality on the list, beginning with the municipality closest to the facility or incinerator and no solid waste is available from any such municipality. The provisions of this section shall not be construed to authorize the disposal of solid waste in excess of the amount specified in the terms of the permit for the facility or incinerator issued under this chapter.

      (P.A. 89-386, S. 23, 24.)

      Sec. 22a-236. Applicability of certain sections to resources recovery facilities. The provisions of sections 22a-6a, 22a-6b, 22a-176, 22a-190 to 22a-193, inclusive, and 22a-231 to 22a-240, inclusive, shall apply to any resources recovery plant operating on or after July 1, 1986.

      (P.A. 86-332, S. 10, 20.)

      Sec. 22a-237. Inspection of resources recovery facilities. The Commissioner of Environmental Protection shall be responsible for inspection of all aspects of the operation of resources recovery facilities in order to protect the public health, including, but not limited to, inspection of the grounds, solid waste storage, residues, detection of hazardous waste in the waste stream and the presence of solid waste at the boundaries of the property.

      (P.A. 86-332, S. 13, 20; P.A. 87-489, S. 5, 14.)

      History: (Revisor's note: In codifying P.A. 86-332, the Revisors substituted "resources recovery facilities" for "such facility" for consistency with traditional forms of the general statutes); P.A. 87-489 deleted the requirement that the commissioner adopt regulations concerning the qualifications for inspectors of resources recovery facilities, but see Sec. 22a-238.

      Sec. 22a-238. Appointment of resources recovery facility inspector by municipality or group of municipalities. Regulations re qualifications. (a) Any municipality where a resources recovery facility is located or any group of municipalities participating in a resources recovery facility may appoint an inspector for such facility. Such inspector shall meet the qualifications for inspectors of resources recovery facilities established pursuant to subsection (b) of this section.

      (b) The commissioner shall, by regulations adopted in accordance with chapter 54, establish qualifications for inspectors and operators of resources recovery facilities. The provisions of this section shall not be construed to limit the authority of the Commissioner of Environmental Protection under the provisions of sections 22a-6a, 22a-6b, 22a-176, 22a-190 to 22a-193, inclusive, and 22a-231 to 22a-240, inclusive, or any other environmental statute or regulation adopted thereunder.

      (P.A. 86-332, S. 14, 20; P.A. 87-489, S. 6, 14.)

      History: P.A. 87-489 divided section into Subsecs. and added provision requiring the commissioner to adopt regulations regarding qualifications for inspectors and operators.

      Sec. 22a-239. 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 and the director of health of the municipality where a resources recovery facility is located, or their designees, 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 of Environmental Protection, he shall respond in fourteen days. If the complaint involves an immediate threat to the public health and safety, the commissioner shall respond in twenty-four hours.

      (P.A. 86-332, S. 15, 20; P.A. 87-489, S. 7, 14.)

      History: P.A. 87-489 substituted "written" complaint for "formal" complaint.

      Sec. 22a-239a. Independent management audits of resources recovery facilities. Any regional operating or policy committee established to oversee or supervise the operations of any resources recovery facility, or a majority of the chief elected officials of the municipalities which are served by such facility, may require the performance of an independent management audit on all or any portion of the operating procedures, business decisions, management practices and any other internal workings of such facility which affect the costs paid by such municipalities for the services provided by the facility. Any such audit shall be conducted by an independent management consulting firm and all reasonable and proper expenses of the audit shall be borne by the municipalities served by the facility. The results of any such audit shall be filed with the Department of Environmental Protection and shall be open to public inspection.

      (P.A. 94-200, S. 5.)

      Sec. 22a-240. Public education on risk assessment and risk management. The Commissioner of Environmental Protection, in consultation with the Commissioner of Public Health shall coordinate a program to educate the public on risk assessment and risk management of solid waste disposal practices.

      (P.A. 86-332, S. 16, 20; P.A. 87-489, S. 8, 14; P.A. 91-190, S. 4, 9; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)

      History: P.A. 87-489 required that program include risk management; P.A. 91-190 deleted provision requiring that the commissioner coordinate the program in consultation with the advisory board for solid waste alternatives established pursuant to Sec. 22a-234 to reflect repeal of said section; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; 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.

      Sec. 22a-240a. Studies of dioxin levels in area of proposed resources recovery facilities. (a) The Commissioner of Environmental Protection, in consultation with the Commissioner of Public Health, shall conduct a study of dioxin levels in the area of any existing or proposed resources recovery facilities and report the findings of any such study to the joint standing committee of the General Assembly having cognizance of matters relating to the environment and to the chief elected official of the town in which such facility is located. Any study shall include (1) measurement and evaluation of dioxin levels in the food chain, including cow's milk, and in soil, (2) appropriate environmental monitoring tests to determine dioxin levels both before and after the resources recovery facility has begun operating, and (3) appropriate biological monitoring tests after operation. Any study may include appropriate biological monitoring tests before operation. The costs of such tests shall be paid from the General Fund. Any costs not paid by the state shall be paid by the owner of the resources recovery facility.

      (b) The commissioner shall reimburse the owner of a resources recovery facility for any costs incurred for preoperational ambient air or ambient environmental monitoring tests required under subsection (a) of this section.

      (P.A. 86-332, S. 11, 20; 87-489, S. 4, 14; P.A. 89-386, S. 15, 24; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June Sp. Sess. P.A. 09-3, S. 411.)

      History: P.A. 87-489 required that study findings be reported to environment committee and to chief elected town official, specified that biological monitoring tests before operation are not mandatory, authorized payment of test costs from solid waste fund and added Subsec. (b) re reimbursement of facility owner for certain costs; P.A. 89-386 added Subsec. (a)(1) re studies of dioxin levels in the food chain and designated the other studies as Subdivs. (2) and (3) and added provision re payment of the cost of testing by the owner of the resources recovery facility; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; 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 (Revisor's note: References to "Solid Waste Fund" were replaced editorially by the Revisors with references to "solid waste account" to conform section with Sec. 22a-233); June Sp. Sess. P.A. 09-3 deleted references to solid waste account, inserted reference to General Fund and made a conforming change.

      Sec. 22a-241. Municipal solid waste recycling program. Advisory council. (a) There shall be established a municipal solid waste recycling program. The Commissioner of Environmental Protection, in consultation and coordination with the advisory council established under subsection (c) of this section, shall develop a plan for such program. The plan shall (1) be consistent with the state-wide solid waste management plan adopted pursuant to section 22a-228, (2) give priority in all parts of the plan to regional approaches to the recycling of solid waste, (3) provide for grants to municipalities, regional organizations representing municipalities or agencies or political subdivisions of the state representing municipalities for purposes which may include but shall not be limited to (A) the acquisition or lease of land, easements, structures, machinery and equipment, for solid waste recycling facilities, (B) the planning, design, construction and improvement of solid waste recycling facilities, (C) the purchase or lease of collection equipment and materials for municipalities and homeowners to carry out municipal recycling programs, and (D) the support and expansion of municipal solid waste recycling programs, (4) establish standards for municipalities which shall effect the maximum level of recycling and source separation, condition each grant to a municipality under subdivision (3) of this subsection on the adoption of such standards by the municipality and give priority in the making of such grants to municipalities which, on July 17, 1986, require residents and businesses to separate recyclables from solid waste, (5) provide for the development of intermediate centers for the processing of solid waste recyclables, giving priority to sites where waste-to-energy facilities are located or planned to be located, (6) provide for financial assistance from the municipal solid waste recycling trust account for the development of such centers, and (7) review existing contracts entered into by municipalities for the delivery of solid waste to waste-to-energy facilities and provide financial incentives to such municipalities for the coordination of such contracts with the municipal solid waste recycling program.

      (b) The Commissioner of Environmental Protection, in consultation with such advisory council, shall submit the plan developed under subsection (a) of this section to the Governor and the General Assembly not later than January 1, 1987, and, if the General Assembly adopts a resolution approving such plan, the commissioner shall implement the municipal solid waste recycling program not later than April 1, 1987, in accordance with the provisions of such plan, and the commissioner shall adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of such program. In implementing such program the commissioner shall utilize private recycling markets to the extent feasible.

      (c) There is established an advisory council to advise the Commissioner of Environmental Protection on implementation of the municipal solid waste recycling program. The advisory council may study any issue related to recycling, including composting and packaging. In any such study the advisory council may consult with persons with specific information related to the study. If it deems it appropriate, the advisory council shall recommend a list of materials that should be banned in the state. The advisory council shall consist of: The Secretary of the Office of Policy and Management, or his designee; the Commissioner of Economic and Community Development, or his designee; the Commissioner of Administrative Services, or his designee; the Commissioner of Transportation, or his designee; the chairman of the Connecticut Resources Recovery Authority, or his designee; one person appointed by the Connecticut Conference of Municipalities; one person appointed by the Council of Small Towns; one person representing a municipality having a population of not more than ten thousand to be appointed by the minority leader of the Senate, one person representing a municipality having a population of more than ten thousand but not more than fifty thousand to be appointed by the minority leader of the House of Representatives, one person representing a municipality having a population of more than fifty thousand but not more than one hundred thousand to be appointed by the president pro tempore of the Senate, one person representing a municipality having a population of more than one hundred thousand to be appointed by the speaker of the House of Representatives; two members of the public, one of whom shall be appointed by the majority leader of the House of Representatives and one of whom shall be appointed by the majority leader of the Senate; two persons representing recycling industries, one of whom shall be appointed by the speaker of the House of Representatives and one by the minority leader of the House of Representatives; two persons representing the packaging industry, one of whom shall be appointed by the speaker of the House of Representatives and one of whom shall be appointed by the president pro tempore of the Senate; a trash hauler to be appointed by the speaker of the House of Representatives; one person representing an industry using recycled material, to be appointed by the president pro tempore of the Senate; one person representing an environmental organization to be appointed by the speaker of the House of Representatives; one person representing business and industry to be appointed by the minority leader of the House of Representatives, and a regional recycling coordinator to be appointed by the minority leader of the Senate, the cochairmen and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to the environment and four members of the General Assembly to be appointed as follows: One by the speaker of the House of Representatives, one by the president pro tempore of the Senate, one by the minority leader of the House of Representatives and one by the majority leader of the House of Representatives. The members of the task force shall elect a chairman, who shall be one of the members appointed by the speaker of the House of Representatives or by the president pro tempore of the Senate.

      (June 23, Sp. Sess. II P.A. 86-1, S. 5, 10; P.A. 87-544, S. 10, 13; P.A. 88-231, S. 7, 9, 19; P.A. 89-351, S. 2, 11; 89-385, S. 11; 89-386, S. 21, 24; P.A. 90-179, S. 4; 90-249, S. 4; 90-312, S. 4; P.A. 91-293, S. 7, 9; 91-372, S. 2, 4; P.A. 94-130, S. 4; P.A. 95-250, S. 1; P.A. 96-132, S. 2, 5; 96-211, S. 1, 5, 6; June Sp. Sess. P.A. 09-3, S. 412.)

      History: P.A. 87-544 replaced task force with advisory council, amended Subsec. (b) to require the commissioner to use private recycling markets to the extent feasible in implementing the program, amended Subsec. (c) to authorize the council to advise the commissioner regarding implementation of the program and added to the membership of the council two persons representing recycling interests, one representing an environmental organization, one representing business and industry and two additional legislative members and added Subsec. (f)(3) and (4) re costs of administering the program and re funds for marketing studies of recycled products and studies of reuse or recycling of ash from resources recovery facilities; P.A. 88-231 amended Subsec. (c) by authorizing the council to study any issue related to recycling and to consult with persons with specific information and added to the membership of the council the commissioners of administrative services and transportation, two representatives of the packaging industry and the cochairmen of the environment committee; and amended Subsec. (f)(4) by increasing the amount authorized from $250,000 to $400,000 and increasing the amount for ash studies from $100,000 to $200,000 and authorizing that $50,000 be spent for the study required pursuant to section 17 of P.A. 88-241 and added Subsec. (f)(5) authorizing $50,000 for development of the recycling industries plan required under Sec. 32-1e; P.A. 89-351 amended Subsec. (f) to increase allocation for expenses of advisory council from $150,000 to $168,000 and to increase annual allocation to department of environmental protection for administrative costs of program from 2.5% of fund's proceeds to $450,000; P.A. 89-385 added Subsec. (f)(6) allocating $1,000,000 for public education on waste reduction and for recovered materials market development; P.A. 89-386 amended Subsec. (c) to authorize appointment of the public members by the majority leaders rather than minority leaders, to authorize appointment of the representative of the environmental organization by the speaker of the house of representatives rather than the minority leader, to authorize appointment of the representative of business and industry by the minority leader of the house of representatives rather than the president pro tempore of the senate and added to the membership a trash hauler, person representing an industry using recycled material and a regional recycling coordinator and reduced the membership of members of the general assembly from six to four members; P.A. 90-179 amended Subsec. (a) to allow grants to regional organizations representing municipalities or agencies or political subdivisions representing municipalities; P.A. 90-249 amended Subsec. (c) by adding to the membership of the council a person appointed by the Connecticut conference of municipalities and a person appointed by the council of small towns; P.A. 90-312 amended Subsec. (f) by increasing the amount allocated for the advisory council from $68,000 to $83,000; P.A. 91-293, in Subsec. (f), increased allocation from fund for administrative costs to department from $450,000 to $600,000 and provided for grants to municipalities for recycling grants; P.A. 91-372 amended Subsec. (f) to increase the authorized expenditures which may be made for the advisory council and for the department for costs incurred in administration of the recycling program, repeating in part changes enacted in P.A. 91-293; P.A. 94-130 changed name of fund from "Municipal Solid Waste Recycling Trust Fund" to "municipal solid waste recycling trust account" and in Subsec. (d) made said account an account of the Environmental Quality Fund and eliminated the requirement that such fund be held separate and apart from other moneys, funds and accounts and that investment earnings be credited to the assets of said fund; 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. 96-132 amended Subsec. (f) to increase the allocation for administrative costs, effective July 1, 1996; June Sp. Sess. P.A. 09-3 amended Subsec. (a) by deleting provision re municipal solid waste recycling trust account, and deleted former Subsecs. (d) to (f) re said account.

      Sec. 22a-241a. Revisions to state-wide solid waste management plan concerning recycling. On or before June 1, 1988, the Commissioner of Environmental Protection shall revise the state-wide solid waste management plan adopted pursuant to section 22a-228 to include a strategy to recycle not less than twenty-five per cent of the solid waste generated in the state after January 1, 1991. Such strategy shall include, but not be limited to, the development of intermediate processing centers, recommendations for assigning municipalities to regional recycling programs, options for local compliance of municipalities with recycling requirements and the composting of solid waste. The commissioner shall consult with the Connecticut Agricultural Experiment Station on issues related to composting.

      (P.A. 87-544, S. 1.)

      Sec. 22a-241b. Regulations designating items required to be recycled. Separation of items designated for recycling. Prohibition on combining previously segregated designated recyclable items. (a)(1) On or before February 1, 1988, the Commissioner of Environmental Protection shall adopt regulations in accordance with the provisions of chapter 54 designating items that are required to be recycled. The commissioner may designate other items as suitable for recycling and amend said regulations accordingly.

      (2) On or before October 1, 2011, the Commissioner of Environmental Protection shall amend the regulations adopted pursuant to subdivision (1) of this subsection to expand the list of designated recyclable items to add (A) containers of three gallons or less made of polyethylene terephthalate plastic and high-density polyethylene plastic, and (B) additional types of paper, including, but not limited to, boxboard, magazines, residential high-grade white paper and colored ledger.

      (b) Any designated recyclable item shall be recycled by a municipality within six months of the availability of service to such municipality by a regional processing center or local processing system.

      (c) Each person who generates solid waste from residential property shall, in accordance with subsection (f) of section 22a-220, separate from other solid waste the items designated for recycling pursuant to subdivision (1) of subsection (a) of this section.

      (d) Every person who generates solid waste from a property other than a residential property shall, in accordance with subsection (f) of section 22a-220, make provision for and cause the separation from other solid waste of the items designated for recycling pursuant to subdivision (1) of subsection (a) of this section through the use of one or more collection containers for designated recyclable items that are separate from the collection containers for other solid waste. Collection containers that have been used for the collection of solid waste may be converted to containers for the collection of designated recyclable items by labeling or other means to identify that such container is dedicated to collecting designated recyclable items. On and after July 1, 2012, the provisions of this subsection shall also apply to items designated for recycling pursuant to subdivision (2) of subsection (a) of this section.

      (e) No person shall knowingly combine previously segregated designated recyclable items with other solid waste.

      (f) For the purposes of this section, "boxboard" means a lightweight paperboard made from a variety of recovered fibers having sufficient folding properties and thickness to be used to manufacture folding or set-up boxes.

      (P.A. 87-544, S. 2; P.A. 90-220, S. 1, 11; May 25 Sp. Sess. P.A. 94-1, S. 88, 130; P.A. 10-87, S. 3.)

      History: P.A. 90-220 added Subsec. (c) re separation requirements of persons generating solid waste; May 25 Sp. Sess. P.A. 94-1 made a technical change for accuracy, effective July 1, 1994; P.A. 10-87 amended Subsec. (a) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re amendment of regulations to expand list of designated recyclable items, amended Subsec. (b) by making a technical change and replacing provision requiring recycling within 3 months of establishment of service with provision requiring recycling within 6 months of availability of service, redesignated existing Subsec. (c)(1) as Subsec. (c) and made technical changes therein, redesignated existing Subsec. (c)(2) as Subsec. (d) and amended same by excepting residential properties and adding provision requiring use of collection containers for recyclable items that are separate from those used for other solid waste, added Subsec. (e) re prohibition on combining previously segregated designated recyclable items and added Subsec. (f) re definition of "boxboard".

      Subsec. (c):

      Cited. 224 C. 627.

      Secs. 22a-241c and 22a-241d. Municipal provisions for recycling. Orders to municipalities to deliver recyclable items to regional intermediate processing centers if no revision to solid waste management plan delivered. Sections 22a-241c and 22a-241d are repealed.

      (P.A. 87-544, S. 3, 4; P.A. 90-220, S. 10, 11.)

      Sec. 22a-241e. Orders if local processing not implemented. On or after January 1, 1991, the commissioner may order a municipality to deliver its recyclable items to an operating or planned intermediate processing center if such municipality has failed to enter into a contract with an operating or planned regional intermediate processing center, and the commissioner determines such municipality has failed to take the measures necessary to implement local processing.

      (P.A. 87-544, S. 5; P.A. 90-220, S. 5, 11.)

      History: P.A. 90-220 changed the commissioner's authority to issue orders from mandatory to discretionary, authorized the issuance of orders on or after January 1, 1991, and provided that an order may be issued if a municipality has failed to enter into a contract with an intermediate processing center and such municipality has failed to implement local processing.

      Sec. 22a-241f. Recyclable items prohibited in landfills and resources recovery facilities. Section 22a-241f is repealed.

      (P.A. 87-544, S. 6; P.A. 90-220, S. 10, 11.)

      Sec. 22a-241g. Noncompliance with recycling strategy. (a) No municipality shall be deemed not to comply with the recycling strategy of the state-wide solid waste management plan if noncompliance results from a contract entered into before February 29, 1988, to deliver a minimum amount of solid waste to a waste-to-energy facility and the municipality or the owner or operator of the facility has solicited solid waste at reasonable terms from other municipalities to provide the aggregate tonnage of solid waste required under such contract and no solid waste was available at reasonable terms.

      (b) Such municipality shall reduce the amount of solid waste delivered to such facility to the extent it is compensated by a state grant for such reduction or the contract is modified. No grant shall be made because of such reduction unless (1) the municipalities delivering waste to the facility or the owner or operator of the facility solicit solid waste at reasonable terms from other municipalities to provide the aggregate tonnage of solid waste required under such contract if failure to provide such solid waste is caused by compliance of the municipalities with the recycling strategy and (2) the Commissioner of Environmental Protection determines that the municipalities or the owner or operator has made a reasonable effort to obtain solid waste to provide the aggregate tonnage of solid waste and that no solid waste was available at reasonable terms.

      (c) The provisions of this section shall not be construed to exempt a municipality from the requirements of sections 22a-241 to 22a-241b, inclusive, and 22a-241e and 22a-241g.

      (P.A. 87-544, S. 7; P.A. 88-231, S. 8, 19; P.A. 90-220, S. 7, 11; P.A. 91-190, S. 5, 9.)

      History: P.A. 88-231 organized section into subsections, amended Subsec. (a) by changing contract date from October 1, 1987, to February 29, 1988, and adding provision re solicitation of solid waste from other municipalities, amended Subsec. (b) by adding conditions for grants and added Subsec. (c) regarding exemption from recycling; P.A. 90-220 deleted references to repealed sections; P.A. 91-190 amended Subsec. (c) to delete reference to Sec. 22a-234 to reflect repeal of said section.

      Sec. 22a-241h. Eligibility of single municipalities and certain regional solid waste authorities or operating committees for funds made available by Commissioner of Environmental Protection. Notwithstanding the provisions of the recycling strategy of the state-wide solid waste management plan adopted pursuant to section 22a-227, any single municipality, or any regional solid waste authority or regional solid waste operating committee comprised of at least five municipalities, may apply for and receive any funds made available by the Commissioner of Environmental Protection. In making a grant under section 22a-241 to any such regional solid waste authority or regional solid waste operating committee, the commissioner shall develop a plan for the use of the grant in consultation with such authority or operating committee.

      (P.A. 88-231, S. 12, 19; P.A. 89-351, S. 5, 11; June Sp. Sess. P.A. 09-3, S. 413.)

      History: P.A. 89-351 authorized regional solid waste authority or operating committee comprised of at least five municipalities to apply for and receive funds from trust fund and required commissioner to develop plan for use of grant in consultation with such authority or operating committee; (Revisor's note: In 1995 reference to "municipal solid waste recycling trust fund" was replaced editorially by the Revisors with "municipal solid waste recycling trust account" to conform with Sec. 22a-241 as amended by P.A. 94-130); June Sp. Sess. P.A. 09-3 deleted provision re municipal solid waste recycling trust account and made a technical change.

      Sec. 22a-241i. Commercial establishment. Penalty. Notwithstanding any other sections of the general statutes to the contrary, a municipality may impose a penalty not to exceed five hundred dollars for each violation by a commercial establishment of the requirements of subsection (c) of section 22a-241b.

      (P.A. 90-249, S. 2.)

      Sec. 22a-241j. Municipal curbside or backyard collection of designated recyclable items. Exempt municipalities. Collector curbside or backyard collection of designated recyclable items. Exempt collectors. (a)(1) Not later than July 1, 2011, each municipality shall offer curbside or backyard collection of designated recyclable items to those residents and businesses for which such municipality provides municipal curbside or backyard collection of solid waste as of October 1, 2010.

      (2) The provisions of this subsection shall not apply to any municipality that the Commissioner of Environmental Protection determines recycles its solid waste in a percentage, averaged over a continuous three-year period, that exceeds the state-wide average during such continuous three-year period for the amount of municipal solid waste recycled.

      (b) (1) Not later than July 1, 2011, each collector who offers curbside or backyard collection of solid waste generated by residences in a municipality shall offer curbside or backyard collection of designated recyclable items to each of such collector's customers and such curbside or backyard collection of designated recyclable items shall be included in the collector's charge for solid waste collection. The provisions of this subsection shall not be construed to prohibit any collector from determining and adjusting its fees for combined curbside collection services.

      (2) The provisions of this subsection shall not apply to any collector who provides service in a municipality described in subdivision (2) of subsection (a) of this section.

      (c) For the purposes of this section, "curbside or backyard collection" means the collection, by either municipal collection services or private collectors, of presorted designated recyclable items or solid waste left for such collection by residents and businesses on the property where such residents reside or on the property of such business, and "collector" has the same meaning as in subsection (g) of section 22a-220a.

      (P.A. 10-87, S. 5.)

      Sec. 22a-241k. (Note: This section is effective October 1, 2011.) Recycling receptacles for designated recyclable items at common gathering venues. (a) For the purposes of this section:

      (1) "Generated" means sold or given away at a common gathering venue; and

      (2) "Common gathering venue" means any area or building, or portion thereof, that is open to the public, including, but not limited to, any (A) building that provides facilities or shelter for public assembly, (B) inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant or other commercial establishment that provides services or retails merchandise, or (C) museum, hospital, auditorium, movie theater or university building.

      (b) Each common gathering venue where designated recyclable items may be generated while the public congregates at such venue and that provides for the collection of solid waste shall provide recycling receptacles for the collection of any designated recyclable items generated at such venue, provided nothing in this section shall be construed to require an owner or operator of such venue, or the municipality where such venue is located, to provide such recycling receptacles whenever such receptacles are provided by another person pursuant to contract. Such recycling receptacles shall be as accessible to the public and at the same locations as trash receptacles. Any existing trash receptacle may be converted to a recycling receptacle by labeling or other means appropriate to identify that such receptacle is dedicated to the collection of designated recyclable items.

      (P.A. 10-87, S. 6.)

      History: P.A. 10-87 effective October 1, 2011.

      Sec. 22a-241l. (Note: This section is effective July 1, 2012.) Solid waste contract requirement for provision re collection of designated recyclable items. (a) For the purposes of this section, "customer" means a business and "collector" means any person offering solid waste or designated recyclable item collection services.

      (b) Each contract between a collector and a customer for the collection of solid waste shall make provision for the collection of designated recyclable items, either by providing for the collection of designated recyclable items by the same collector who is party to the solid waste contract or by including an identification by the customer of the collector with whom such contract exists. The provisions of this section shall not be construed to require a customer to contract exclusively with one collector for the collection of both designated recyclable items and other solid waste. Each collector shall provide each customer with clear written or pictorial instructions on how to separate designated recyclable items in accordance with the provisions of section 22a-241b.

      (P.A. 10-87, S. 7.)

      History: P.A. 10-87 effective July 1, 2012.

      Sec. 22a-242. Reserved for future use.

      Sec. 22a-243. (Formerly Sec. 22a-77). Definitions. For purposes of sections 22a-243 to 22a-245c, inclusive:

      (1) "Carbonated beverage" means beer or other malt beverages, and mineral waters, soda water and similar carbonated soft drinks in liquid form and intended for human consumption;

      (2) "Noncarbonated beverage" means water, including flavored water, nutritionally enhanced water and any beverage that is identified through the use of letters, words or symbols on such beverage's product label as a type of water, but excluding juice and mineral water;

      (3) "Beverage container" means the individual, separate, sealed glass, metal or plastic bottle, can, jar or carton containing a carbonated or noncarbonated beverage, but does not include a bottle, can, jar or carton (A) three liters or more in size if containing a noncarbonated beverage, or (B) made of high-density polyethylene;

      (4) "Consumer" means every person who purchases a beverage in a beverage container for use or consumption;

      (5) "Dealer" means every person who engages in the sale of beverages in beverage containers to a consumer;

      (6) "Distributor" means every person who engages in the sale of beverages in beverage containers to a dealer in this state including any manufacturer who engages in such sale and includes a dealer who engages in the sale of beverages in beverage containers on which no deposit has been collected prior to retail sale;

      (7) "Manufacturer" means every person bottling, canning or otherwise filling beverage containers for sale to distributors or dealers or, in the case of private label brands, the owner of the private label trademark;

      (8) "Place of business of a dealer" means the fixed location at which a dealer sells or offers for sale beverages in beverage containers to consumers;

      (9) "Redemption center" means any facility established to redeem empty beverage containers from consumers or to collect and sort empty beverage containers from dealers and to prepare such containers for redemption by the appropriate distributors;

      (10) "Use or consumption" includes the exercise of any right or power over a beverage incident to the ownership thereof, other than the sale or the keeping or retention of a beverage for the purposes of sale;

      (11) "Nonrefillable beverage container" means a beverage container which is not designed to be refilled and reused in its original shape; and

      (12) "Deposit initiator" means the first distributor to collect the deposit on a beverage container sold to any person within this state.

      (P.A. 78-16, S. 1, 10; P.A. 80-95, S. 1; P.A. 84-121, S. 1; Nov. 24 Sp. Sess. P.A. 08-1, S. 10; P.A. 09-2, S. 17.)

      History: P.A. 78-16 effective January 1, 1980; P.A. 80-95 added Subdiv. (i) defining "nonrefillable beverage container"; Sec. 22a-77 transferred to Sec. 22a-243 in 1983 and alphabetic Subdiv. indicators replaced editorially by the Revisors with numeric indicators; P.A. 84-121 deleted reference to Sec. 31-11a as section to which definitions apply, redefined "distributor" to include certain dealers and defined "redemption center"; Nov. 24 Sp. Sess. P.A. 08-1 applied definitions to Sec. 22a-245a and added Subdiv. (11) defining "deposit initiator", effective November 25, 2008; P.A. 09-2 amended Subdiv. (1) to change defined term from "beverage" to "carbonated beverage", added new Subdiv. (2) defining "noncarbonated beverage", redesignated existing Subdivs. (2) to (11) as Subdivs.(3) to (12), amended redesignated Subdiv. (3) to redefine "beverage container", and amended redesignated Subdiv. (7) to redefine "manufacturer", effective April 1, 2009.

      Sec. 22a-244. (Formerly Sec. 22a-78). Beverage containers: Refund value; exceptions; labeling and design requirements. (a)(1) Every beverage container containing a carbonated beverage sold or offered for sale in this state, except for any such beverage containers sold or offered for sale for consumption on an interstate passenger carrier, shall have a refund value. Such refund value shall not be less than five cents and shall be a uniform amount throughout the distribution process in this state. (2) Every beverage container containing a noncarbonated beverage sold or offered for sale in this state shall have a refund value, except for beverage containers containing a noncarbonated beverage that are (A) sold or offered for sale for consumption on an interstate passenger carrier, or (B) that comprise any dealer's existing inventory as of March 31, 2009. Such refund value shall not be less than five cents and shall be a uniform amount throughout the distribution process in this state.

      (b) Every beverage container sold or offered for sale in this state, that has a refund value pursuant to subsection (a) of this section, shall clearly indicate by embossing or by a stamp or by a label or other method securely affixed to the beverage container (1) either the refund value of the container or the words "return for deposit" or "return for refund" or other words as approved by the Department of Environmental Protection and (2) either the word "Connecticut" or the abbreviation "Ct.", provided this subdivision shall not apply to glass beverage containers permanently marked or embossed with a brand name.

      (c) No person shall sell or offer for sale in this state any metal beverage container (1) a part of which is designed to be detached in order to open such container or (2) that is connected to another beverage container by a device constructed of a material which does not decompose by photodegradation, chemical degradation or biodegradation within a reasonable time after exposure to the elements.

      (P.A. 78-16, S. 2, 6, 7, 10; P.A. 79-139, S. 1, 2; P.A. 80-95, S. 3; P.A. 84-30; 84-121, S. 2; P.A. 97-124, S. 12, 16; P.A. 09-2, S. 18.)

      History: P.A. 78-16 effective January 1, 1980; P.A. 79-139 allowed "return for deposit" or "return for refund" on container rather than refund value and excluded from provisions of Subsec. (b)(2) glass containers permanently marked or embossed with a brand name; P.A. 80-95 added exception re beverage containers sold or offered for sale for consumption on interstate passenger carriers; Sec. 22a-78 transferred to Sec. 22a-244 in 1983; P.A. 84-30 amended Subsec. (c) by adding provision requiring that beverage container holders be constructed of a material which decomposes within a reasonable time after exposure to the elements; P.A. 84-121 amended Subsec. (a) by adding provision requiring the refund value to be uniform throughout the distribution process; P.A. 97-124 amended Subsec. (b) to eliminate type size requirement for refund value information on containers, effective June 6, 1997; P.A. 09-2 amended Subsec. (a) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re noncarbonated beverages, and made a conforming change in Subsec. (b), effective April 1, 2009.

      Sec. 22a-245. (Formerly Sec. 22a-79). Registration of redemption centers. Payment of refund value by dealers and distributors. Handling fee. Regulations. (a) No person shall establish a redemption center without registering with the commissioner on a form provided by the commissioner with such information as the commissioner deems necessary including (1) the name of the business principals of the redemption center and the address of the business; (2) the name and address of the sponsors and dealers to be served by the redemption center; (3) the types of beverage containers to be accepted; (4) the hours of operation; and (5) whether beverage containers will be accepted from consumers. The operator of the redemption center shall report any change in procedure to the commissioner within forty-eight hours of such change. Any person establishing a redemption center shall have the right to determine what kind, size and brand of beverage container shall be accepted. Any redemption center may be established to serve all persons or to serve certain specified dealers.

      (b) A dealer shall not refuse to accept at such dealer's place of business, from any person any empty beverage containers of the kind, size and brand sold by the dealer, or refuse to pay to such person the refund value of a beverage container unless (1) such container contains materials which are foreign to the normal contents of the container; (2) such container is not labeled in accordance with subsection (b) of section 22a-244; (3) such dealer sponsors, solely or with others, a redemption center which is located within a one-mile radius of such place of business and which accepts beverage containers of the kind, size and brand sold by such dealer at such place of business; or (4) there is established by others, a redemption center which is located within a one-mile radius of such place of business and which accepts beverage containers of the kind, size and brand sold by such dealer at such place of business. A dealer shall redeem an empty container of a kind, size or brand the sale of which has been discontinued by such dealer for not less than sixty days after the last sale by the dealer of such kind, size or brand of beverage container. Sixty days before such date, the dealer shall post, at the point of sale, notice of the last date on which the discontinued kind, size or brand of beverage container shall be redeemed.

      (c) A distributor shall not refuse to accept from a dealer or from an operator of a redemption center, located and operated exclusively within the territory of the distributor or whose operator certifies to the distributor that redeemed containers were from a dealer located within such territory, any empty beverage containers of the kind, size and brand sold by the distributor, or refuse to pay to such dealer or redemption center operator the refund value of a beverage container unless such container contains materials which are foreign to the normal contents of the container or unless such container is not labeled in accordance with subsection (b) of section 22a-244. A distributor shall remove any empty beverage container from the premises of a dealer serviced by the distributor or from the premises of a redemption center sponsored by dealers serviced by the distributor, provided such premises are located within the territory of the distributor. The distributor shall pay the refund value to dealers in accordance with the schedule for payment by the dealer to the distributor for full beverage containers and shall pay such refund value to operators of redemption centers not more than twenty days after receipt of the empty container. For the purposes of this subsection, a redemption center shall be considered to be sponsored by a dealer if (1) the dealer refuses to redeem beverage containers and refers consumers to the redemption center, or (2) there is an agreement between the dealer and the operator of the redemption center requiring the redemption center to remove empty beverage containers from the premises of the dealer. A distributor shall redeem an empty container of a kind, size or brand of beverage container the sale of which has been discontinued by the distributor for not less than one hundred fifty days after the last delivery of such kind, size or brand of beverage container. Not less than one hundred twenty days before the last date such containers may be redeemed, the distributor shall notify such dealer who bought the discontinued kind, size or brand of beverage container that such distributor shall not redeem an empty beverage container of such kind, size or brand of beverage containers.

      (d) In addition to the refund value of a beverage container, a distributor shall pay to any dealer or operator of a redemption center a handling fee of at least one and one-half cents for each container of beer or other malt beverage and two cents for each beverage container of mineral waters, soda water and similar carbonated soft drinks or noncarbonated beverage returned for redemption. A distributor shall not be required to pay to a manufacturer the refund value of a nonrefillable beverage container.

      (e) The Commissioner of Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of sections 22a-243 to 22a-245, inclusive. Such regulations shall include, but not be limited to, provisions for the redemption of beverage containers dispensed through automatic vending machines, the use of vending machines that dispense cash to consumers for redemption of beverage containers, scheduling for redemption by dealers and distributors and for exemptions or modifications to the labeling requirement of section 22a-244.

      (f) For the purposes of this section, "refund value" means the refund value established by subsection (a) of section 22a-244.

      (P.A. 78-16, S. 3-5, 10; P.A. 79-252, S. 1, 2; P.A. 80-95, S. 2; P.A. 83-42; P.A. 84-121, S. 3; P.A. 86-64; Nov. 24 Sp. Sess. P.A. 08-1, S. 12; P.A. 09-2, S. 19; P.A. 10-25, S. 1.)

      History: P.A. 78-16 effective January 1, 1980; P.A. 79-252 added Subsec. (e) setting deadline of October 1, 1979, for adoption of regulations to implement Secs. 22a-77 to 22a-79; P.A. 80-95 provided that distributors need not pay refund value of nonrefundable containers to manufacturers; Sec. 22a-79 transferred to Sec. 22a-245 in 1983; P.A. 83-42 amended Subsec. (d) to distinguish two classes of beverage containers with different handling fees where previously one-cent fee applied to all containers; P.A. 84-121 amended Subsec. (a) to require registration of redemption centers, amended Subsec. (b) to require dealers and distributors to redeem empty beverage containers of a type they no longer sell, amended Subsec. (c) by adding provision that distributors must accept beverage containers from a redemption center within the distributor's territory or from dealers within such territory, and provisions re removal from premises of dealer or redemption center sponsored by dealers, re payment of refund value and re redemption of discontinued beverage containers, and amended Subsec. (d) to require regulations on redemption of beverage containers dispensed through vending machines, redemption scheduling and labeling exemptions; P.A. 86-64 amended Subsec. (d) by increasing the handling fee for empty beer containers from one to one and one half cents and amended Subsec. (c) to authorize the commissioner to adopt regulations concerning vending machines which dispense cash to consumers; Nov. 24 Sp. Sess. P.A. 08-1 amended Subsec. (e) to designate existing provisions as Subdiv. (1) and add reference to Sec. 22a-245a and make a technical change therein, and to add Subdiv. (2) re prescribed accounting system for reimbursement of refund value for redeemed beverage container, effective November 25, 2008; P.A. 09-2 amended Subsec. (b) by adding Subdiv. designators (1) to (4), amended Subsec. (d) by adding reference to noncarbonated beverages, added Subsec. (f) defining "refund value" and made conforming changes throughout, effective April 1, 2009; P.A. 10-25 amended Subsec. (e) by deleting Subdiv. (1) designator, replacing reference to Sec. 22a-245a with reference to Sec. 22a-245 and deleting former Subdiv. (2) re inclusion in regulations of prescribed accounting system for reimbursement of refund value for redeemed beverage container, effective July 1, 2010.

      Sec. 22a-245a. Special account of deposit initiator. Reimbursement payment. Reports. Deposit in General Fund. Subtraction of deficiency. Examination. Enforcement. Treatment as tax. Credit for containers donated for charitable purpose. (a) Each deposit initiator shall open a special interest-bearing account at a Connecticut branch of a financial institution, as defined in section 45a-557a, to the credit of the deposit initiator. Each deposit initiator shall deposit in such account an amount equal to the refund value established pursuant to subsection (a) of section 22a-244, for each beverage container sold by such deposit initiator. Such deposit shall be made not more than one month after the date such beverage container is sold, provided for any beverage container sold during the period from December 1, 2008, to December 31, 2008, inclusive, such deposit shall be made not later than January 5, 2009. All interest, dividends and returns earned on the special account shall be paid directly into such account. Such moneys shall be kept separate and apart from all other moneys in the possession of the deposit initiator. The amount required to be deposited pursuant to this section, when deposited, shall be held to be a special fund in trust for the state.

      (b) (1) Any reimbursement of the refund value for a redeemed beverage container shall be paid from the deposit initiator's special account, with such payment to be computed, subject to the provisions of subdivision (2) of this subsection, under the cash receipts and disbursements method of accounting, as described in Section 446(c)(1) of the Internal Revenue Code of 1986, or any subsequent corresponding Internal Revenue Code of the United States, as amended from time to time.

      (2) A deposit initiator may petition the Commissioner of Revenue Services for an alternate method of accounting by filing with such deposit initiator's return a statement of objections and other proposed alternate method of accounting, as such deposit initiator believes proper and equitable under the circumstances that is accompanied by supporting details and proof. The Commissioner of Revenue Services shall promptly notify such deposit initiator whether the proposed alternate method is accepted as reasonable and equitable and, if so, accepted, shall adjust such deposit initiator's return, and payment of reimbursement, accordingly.

      (c) (1) Each deposit initiator shall submit a report on March 15, 2009, for the period from December 1, 2008, to February 28, 2009, inclusive. Each deposit initiator shall submit a report on July 31, 2009, for the period from March 1, 2009, to June 30, 2009, inclusive, and thereafter shall submit a quarterly report for the immediately preceding calendar quarter one month after the close of such quarter. Each such report shall be submitted to the Commissioner of Environmental Protection, on a form prescribed by the commissioner and with such information as the commissioner deems necessary, including, but not limited to: (A) The balance in the special account at the beginning of the quarter for which the report is prepared; (B) a list of all deposits credited to such account during such quarter, including all refund values paid to the deposit initiator and all interest, dividends or returns received on the account; (C) a list of all withdrawals from such account during such quarter, all service charges and overdraft charges on the account and all payments made pursuant to subsection (d) of this section; and (D) the balance in the account at the close of the quarter for which the report is prepared.

      (2) Each deposit initiator shall submit a report on October 31, 2010, for the calendar quarter beginning July 1, 2010. Subsequently, each deposit initiator shall submit a quarterly report for the immediately preceding calendar quarter, on or before the last day of the month next succeeding the close of such quarter. Each such report shall be submitted to the Commissioner of Revenue Services, on a form prescribed by the commissioner, and with such information as the commissioner deems necessary, including, but not limited to, the following information: (A) The balance in the special account at the beginning of the quarter for which the report is prepared, (B) all deposits credited to such account during such quarter, including all refund values paid to the deposit initiator and all interest, dividends or returns received on such account, (C) all withdrawals from such account during such quarter, including all service charges and overdraft charges on such account and all payments made pursuant to subsection (d) of this section, and (D) the balance in such account at the close of the quarter for which the report is prepared. Such quarterly report shall be filed electronically with the Commissioner of Revenue Services, in the manner provided by chapter 228g.

      (d) (1) On or before April 30, 2009, each deposit initiator shall pay the balance outstanding in the special account that is attributable to the period from December 1, 2008, to March 31, 2009, inclusive, to the Commissioner of Environmental Protection for deposit in the General Fund. Thereafter the balance outstanding in the special account that is attributable to the immediately preceding calendar quarter shall be paid by the deposit initiator one month after the close of such quarter to the Commissioner of Environmental Protection for deposit in the General Fund. If the amount of the required payment pursuant to this subdivision is not paid by the date seven days after the due date, a penalty of ten per cent of the amount due shall be added to the amount due. The amount due shall bear interest at the rate of one and one-half per cent per month or fraction thereof, from the due date. Any such penalty or interest shall not be paid from funds maintained in the special account.

      (2) On or before October 31, 2010, each deposit initiator shall pay the balance outstanding in the special account that is attributable to the period from July 1, 2010, to September 30, 2010, inclusive, to the Commissioner of Revenue Services for deposit in the General Fund. Subsequently, the balance outstanding in the special account that is attributable to the immediately preceding calendar quarter shall be paid by the deposit initiator on or before the last day of the month next succeeding the close of such quarter to the commissioner for deposit in the General Fund. If the amount of the required payment pursuant to this subdivision is not paid on or before the due date, a penalty of ten per cent of the amount due and unpaid, or fifty dollars, whichever is greater, shall be imposed. The amount due and unpaid shall bear interest at the rate of one per cent per month or fraction thereof, from the due date. Any such penalty or interest shall not be paid from funds maintained in such special account. Such required payment shall be made by electronic funds transfer to the commissioner, in the manner provided by chapter 228g.

      (e) If moneys deposited in the special account are insufficient to pay for withdrawals authorized pursuant to subsection (b) of this section, the amount of such deficiency shall be subtracted from the next succeeding payment or payments due pursuant to subsection (d) of this section until the amount of the deficiency has been subtracted in full.

      (f) The Commissioner of Revenue Services may examine the accounts and records of any deposit initiator maintained under this section or sections 22a-243 to 22a-245, inclusive, and any related accounts and records, including receipts, disbursements and such other items as the commissioner deems appropriate.

      (g) The Attorney General may, independently or upon complaint of the Commissioner of Environmental Protection or the Commissioner of Revenue Services, institute any appropriate action or proceeding to enforce any provision of this section or any regulation adopted pursuant to section 22a-245 to implement the provisions of this section.

      (h) The provisions of sections 12-548, 12-550 to 12-554, inclusive, and section 12-555a shall be deemed to apply to the provisions of this section, except any provision of sections 12-548, 12-550 to 12-554, inclusive, and section 12-555a that is inconsistent with the provision in this section.

      (i) Any payment required pursuant to this section shall be treated as a tax for purposes of sections 12-30b, 12-33a, 12-35a, 12-39g and 12-39h.

      (j) Not later than July 1, 2010, the Department of Environmental Protection or successor agency shall establish a procedure that allows each such deposit initiator to take a credit against any payment made pursuant to subsection (d) of this section in the amount of the deposits refunded on beverage containers which such deposit initiator donated for any charitable purpose.

      (Nov. 24 Sp. Sess. P.A. 08-1, S. 11; P.A. 09-1, S. 15; P.A. 10-25, S. 2; 10-114, S. 1.)

      History: Nov. 24 Sp. Sess. P.A. 08-1 effective November 25, 2008; P.A. 09-1 amended Subsec. (a) to increase time for making deposit from 3 business days to 1 month after container's sale, amended Subsec. (c)(3) to add reference to payments made pursuant to Subsec. (d), added new Subsecs. (d) and (e) re General Fund deposit and deficiency, and redesignated existing Subsecs. (d) and (e) as Subsecs. (f) and (g), effective April 1, 2009, and applicable to periods commencing on or after December 1, 2008; P.A. 10-25 amended Subsec. (a) by adding provision re amount required to be deposited, when deposited, shall be held to be a special fund in trust for the state, amended Subsec. (b) by designating existing provisions as Subdiv. (1) and amending same to require payment to be computed under cash receipts and disbursements method of accounting and deleting provisions re payment of reimbursement, and by adding Subdiv. (2) re petitioning for alternate method of accounting by deposit initiator, amended Subsec. (c) by designating existing provisions as Subdiv. (1), making technical changes therein and adding Subdiv. (2) re submission of quarterly reports by deposit initiators, amended Subsec. (d) by designating existing provisions as Subdiv. (1), making a technical change therein and adding Subdiv. (2) re payment of funds by each deposit initiator from special account, amended Subsec. (f) by replacing provisions re State Treasurer with references to Commissioner of Revenue Services and adding "this section or", amended Subsec. (g) by including reference to Commissioners of Environmental Protection and Revenue Services, added Subsec. (h) re application of Secs. 12-548, 12-550 to 12-554, and 12-555a and added Subsec. (i) re treatment of required payment as a tax, effective July 1, 2010; P.A. 10-114 added provision, codified by the Revisors as Subsec. (j), re establishment of procedure to allow deposit initiator to take credit against payment made pursuant to Subsec. (d) in amount of deposits refunded on beverage containers donated for charitable purpose, effective June 7, 2010.

      Subsec. (d):

      Requirement that deposit initiators pay outstanding balance for the period from December 1, 2008, to March 31, 2009, is a taking without compensation in violation of deposit initiators' federal and state constitutional rights. 51 CS 425.

      Sec. 22a-245b. Exemption for small manufacturers re beverage containers containing noncarbonated beverages. Application. Approval. Any manufacturer who bottles and sells two hundred fifty thousand or fewer beverage containers containing a noncarbonated beverage that are twenty ounces or less in size each calendar year may apply to the Commissioner of Environmental Protection for an exemption from the requirements of sections 22a-244 to 22a-245a, inclusive, with regard to such beverage containers containing noncarbonated beverages. Such application shall be accompanied by a sworn affidavit signed by such manufacturer certifying such manufacturer bottles and sells two hundred fifty thousand or fewer of such beverage containers per calendar year. Any such application filed on or before April 1, 2009, shall be deemed automatically approved and such exemption shall remain valid until December 31, 2009. Not later than November 1, 2009, and each year thereafter, each such manufacturer may apply to the commissioner for an exemption in accordance with this section on a form prescribed by the commissioner. The commissioner shall approve each such application not later than thirty days after the receipt of the application by the commissioner, provided the applicant satisfies the requirements of this section.

      (P.A. 09-2, S. 20.)

      History: P.A. 09-2 effective March 3, 2009.

      Sec. 22a-245c. Implementation delay re beverage containers containing noncarbonated beverages. Any manufacturer, dealer or distributor of beverage containers containing noncarbonated beverages may apply to the Governor or the Secretary of the Office of Policy and Management for a delay in the implementation of the requirements imposed by the provisions of sections 22a-244 to 22a-245a, inclusive, with regard to such beverage containers containing noncarbonated beverages. Such application may be on a form prescribed by the Governor or the secretary. The Governor or the secretary may delay the implementation of such requirements upon the showing of undue hardship to the industries affected by such requirements, but in no case shall such requirements be implemented later than October 1, 2009.

      (P.A. 09-2, S. 21.)

      History: P.A. 09-2 effective March 3, 2009.

      Sec. 22a-245d. Regulations. The Commissioner of Revenue Services, in consultation with the Commissioner of Environmental Protection, may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of section 22a-245a.

      (P.A. 10-25, S. 3.)

      History: P.A. 10-25 effective July 1, 2010.

      Sec. 22a-246. Penalties. Any person who violates any provision of section 22a-244, 22a-245 or 22a-245a shall be fined not less than fifty dollars nor more than one hundred dollars, and for a second offense shall be fined not less than one hundred dollars nor more than two hundred dollars and for a third or subsequent offense shall be fined not less than two hundred fifty dollars or more than five hundred dollars.

      (P.A. 81-311; Nov. 24 Sp. Sess. P.A. 08-1, S. 13.)

      History: Nov. 24 Sp. Sess. P.A. 08-1 applied penalties to violation of Sec. 22a-245a, inserted "or subsequent" and made a technical change, effective February 1, 2009.

      Sec. 22a-247. (Formerly Sec. 22a-80). Legislative findings and declaration of policy. The General Assembly finds that in order to create and maintain a healthful, clean and beautiful environment, it is necessary to implement a comprehensive litter control program that will serve to collect and remove litter and supplement recycling programs designed to process discarded packaging materials as well as other energy rich components of solid waste and to establish a program under the responsibility of the Department of Environmental Protection to reduce litter and littering and to recover and recycle waste materials with the consequent conservation of resources designed to promote and maintain the environmental quality and the economic productivity of the state, and the public health and welfare of its citizens.

      (P.A. 78-319, S. 1, 15; P.A. 81-3, S. 1, 5.)

      History: P.A. 78-319 effective January 1, 1980; P.A. 81-3 deleted references to certain repealed sections and added specific reference to responsibility of department of environmental protection; Sec. 22a-80 transferred to Sec. 22a-247 in 1983.

      See Sec. 2c-1 et seq. re "Sunset Law".

      Sec. 22a-248. (Formerly Sec. 22a-81). Definitions. As used in sections 22a-247 to 22a-249, inclusive, 22a-250 and 22a-251:

      (1) "Commissioner" means the Commissioner of Environmental Protection or his designated agent as defined in subsection (b) of section 22a-2;

      (2) "Department" means the Department of Environmental Protection;

      (3) "Person" means person as defined in subsection (c) of section 22a-2;

      (4) "Litter" means any discarded, used or unconsumed substance or waste material, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material which has not been deposited in a litter receptacle;

      (5) "Litter bag" means a bag, sack or other container made of any material which is large enough to serve as a receptacle for litter inside a motor vehicle or watercraft of any person and is not necessarily limited to the state recommended litter bag but shall be similar in size and capacity;

      (6) "Litter receptacle" means a receptacle suitable for the depositing of litter;

      (7) "Vehicle" includes every device capable of being moved upon a public highway and in, upon or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human or animal power or used exclusively upon stationary rails or tracks;

      (8) "Watercraft" means any boat, ship, vessel, barge or other floating craft;

      (9) "Public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests;

      (10) "Recycling" means the process of sorting, cleansing, treating and reconstituting waste or other discarded material for the purpose of using the altered form;

      (11) "Recycling center" means any facility at which recyclable material is processed or stored, separated or prepared for reuse or resale;

      (12) "Dump" means to discard (A) more than one cubic foot in volume of litter at one time or (B) furniture, garbage bags or contents thereof or other similar materials. Material which has been placed at a location with an intent to leave it indefinitely at such location, or material which has not been removed from a location within forty-five days, is deemed discarded.

      (P.A. 74-262, S. 1, 7; P.A. 78-319, S. 2, 15; P.A. 81-3, S. 2, 5; P.A. 83-176, S. 1; P.A. 92-249, S. 1.)

      History: P.A. 78-319 deleted definitions of "disposable package or container" and "beverage container", redefined "litter" to list materials which may be considered as litter and to delete references to specific objects, i.e. junked cars, etc., redefined "litter receptacle" to delete reference to special standardized containers adopted by department and defined "recycling", "recycling center", and "fund", relettering Subdivs. as necessary, effective January 1, 1980; Sec. 22a-27a transferred to Sec. 22a-81 in 1979; P.A. 81-3 deleted references to repealed Secs. 22a-83 to 22a-86 and 22a-89 and deleted definitions of "beverage" and "fund", i.e. litter control and recycling fund; Sec. 22a-81 transferred to Sec. 22a-248 in 1983 and alphabetic Subdiv. indicators replaced editorially by the Revisors with numeric indicators; P.A. 83-176 added Subsec. (12), defining the word "dump"; P.A. 92-249 amended Subdiv. (12) to specify what is meant by "discarded".

      Subdiv. (4):

      Cited. 215 C. 82.

      Subdiv. (12):

      Cited. 215 C. 82.

      Cited. 41 CA 779.

      Sec. 22a-249. (Formerly Sec. 22a-82). Duties of commissioner re litter control and recycling. The commissioner shall (1) coordinate programs of state and local agencies relating to litter control and recycling, (2) develop public education programs concerning litter and recycling, (3) encourage, organize and coordinate voluntary citizen and business organizations' antilitter and recycling campaigns, (4) investigate the availability of private and public funds available for such programs and (5) study available research and developments in the area of litter control and recycling.

      (P.A. 74-262, S. 2, 7; P.A. 78-319, S. 3, 15; P.A. 81-239, S. 1, 2.)

      History: P.A. 78-319 added references to recycling, deleted obsolete provisions which had provided for department's action in preparation for instituting litter control programs, i.e. recommendations re standard receptacles, state litter bags, study of litter legislation in other states and report to governor and general assembly, and added new provisions setting forth commissioner's duties, etc., effective January 1, 1980; Sec. 22a-27b transferred to Sec. 22a-82 in 1979; P.A. 81-239 repealed Subsecs. (b) to (e) relieving the commissioner of responsibility of adopting regulations on litter receptacles and placing them on state property and at public places, and designing litter bags; Sec. 22a-82 transferred to Sec. 22a-249 in 1983.

      Sec. 22a-250. (Formerly Sec. 22a-87). Littering or dumping prohibited. Orders. Procedures. Penalties. (a) No person shall throw, scatter, spill or place or cause to be blown, scattered, spilled, thrown or placed, or otherwise dispose of any litter (1) upon any public property in the state, (2) upon any public land in the state, (3) upon any private property in this state not owned by such person, or (4) in the waters of this state, including, but not limited to, any public highway, public park, beach, campground, forest land, recreational area, mobile manufactured home park, highway, road, street or alley except: (A) When such property is designated by the state or any political subdivision thereof for the disposal of garbage and refuse, and such person is authorized to use such property for such purpose; or (B) into a litter receptacle in such a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of said private or public property or waters. For the purposes of this subsection, "public land" means a state park, state forest or municipal park or any other publicly-owned land that is open to the public for active or passive recreation.

      (b) (1) Any person who violates any provision of subsection (a) of this section shall be fined not more than one hundred ninety-nine dollars. One-half of any fine collected pursuant to this subsection shall be payable to the state and one-half of such fine shall be payable to the municipality in which the arrest was made unless the arrest was made by a conservation officer, special conservation officer or patrolman appointed by the Commissioner of Environmental Protection under authority of section 26-5, in which case one-half of such fine shall be payable to the Department of Environmental Protection.

      (2) Whenever any person is convicted of a violation of subdivision (2) of subsection (a) of this section, the court shall, in addition to imposing the fine authorized by subdivision (1) of this subsection, impose a surcharge in an amount equal to fifty per cent of such fine. Any such surcharge collected pursuant to this subdivision shall be payable to the municipality in which the arrest was made unless the arrest was made by a conservation officer, special conservation officer or patrolman appointed by the Commissioner of Environmental Protection under authority of section 26-5, in which case such surcharge shall be payable to the Department of Environmental Protection.

      (3) When any such material or substances are thrown, blown, scattered or spilled from a vehicle, the operator thereof shall be deemed prima facie to have committed such offense.

      (c) No person shall dump, as defined in subdivision (12) of section 22a-248, any material upon any public property in the state or upon private property in this state not owned by such person except when (1) such property is designated by the state or any political subdivision thereof for dumping or such property is a licensed facility for such purpose, and (2) such person is authorized to use such property. It shall not be a defense under this subsection that the dumping occurred with the permission of the property owner. The commissioner or the municipality in which such dumping occurs may, upon complaint or on their own initiative, investigate any violation of this subsection.

      (d) No person shall dump, as defined in this subsection, any material upon any public property in the state or upon private property in this state not owned by such person except when (1) such property is designated by the state or any political subdivision thereof for dumping or such property is a licensed facility for such purpose, and (2) such person is authorized to use such property. The commissioner or the municipality in which such dumping occurs may, upon complaint or on their own initiative, investigate any violation of this subsection. It shall not be a defense under this subsection that the dumping occurred with the permission of the property owner. As used in this subsection "dump" means to discard automobiles or automobile parts, large appliances, tires, bulky waste, hazardous waste, as defined in section 22a-115, or any other similar material.

      (e) If the commissioner, after investigation, finds that there has been a violation of subsection (c) or (d) of this section, he may issue an order pursuant to section 22a-225 to remove material dumped in violation of said subsection (c) or (d) to a solid waste facility approved by the commissioner.

      (f) (1) If the chief elected official of a municipality, after investigation, finds that there has been a violation of subsection (c) or (d) of this section, he may send a notice to the owner of the property where such violation has occurred by certified mail, return receipt requested, to the address of record for property tax purposes. Such notice shall include (A) a reference to the statute alleged to have been violated; (B) a short and plain statement of the matter asserted or charged; (C) a demand that such property owner remove any material dumped in violation of subsection (c) or (d) of this section to a solid waste facility approved by the commissioner; and (D) a statement that such property owner has the right to a hearing to contest the chief elected official's finding and the date, time and place for the hearing. Such hearing shall be fixed for a date not later than ten days after the notice is mailed. The hearing shall be completed within fifteen days after such hearing commences and a decision shall be rendered within ten days of the completion of such hearing.

      (2) The chief elected official or his designee shall hold a hearing upon the alleged violation unless such property owner fails to appear at the hearing. If such property owner fails to appear at the hearing or if, after the hearing, the chief elected official or his designee finds that material has been dumped on such owner's property in violation of subsection (c) or (d) of this section and such property owner has not removed such material to a solid waste facility approved by the commissioner, the official may order that such property owner within thirty days remove such material to a solid waste facility approved by the commissioner. The official shall send a copy of any order issued pursuant to this subdivision by certified mail, return receipt requested, to such property owner. The person may appeal from an order of the chief elected official of a municipality under this subdivision in accordance with the provisions of section 8-8.

      (3) If the owner fails to remove such material within thirty days from the date of the order issued by the chief elected official under subdivision (2) of this subsection, and no appeal of such order has been taken in accordance with section 8-8, the municipality may enter such property and remove such material to a solid waste facility approved by the commissioner.

      (4) The provisions of this subsection shall not apply to any corporation subject to taxation under chapter 210.

      (g) No property owner shall be ordered to remove dumped material by the commissioner or the chief elected official of a municipality pursuant to subsection (e) or (f) of this section unless (1) the commissioner or the chief elected official, as the case may be, finds that the property owner has dumped such material, or knowingly allowed another person to dump such material, in violation of subsection (c) or (d) of this section or (2) the commissioner or the chief elected official, as the case may be, has determined that there is no reasonable opportunity to compel the responsible party to remove the material or pay the costs of such removal.

      (h) Any person who violates subsection (c) or (d) of this section shall be liable for a civil penalty of not less than one thousand dollars, nor more than ten thousand dollars for each day such violation continues. The Superior Court, in an action brought by the municipality or by the Attorney General on the request of the commissioner, shall have jurisdiction to issue an order to such person directing the removal of the material to a solid waste facility approved by the commissioner. If the court finds that the violation was wilful, it may impose a civil penalty equivalent to three times the cost of remediation of the violation in addition to other applicable civil penalties. The court may also order that a violator shall pay restitution to a landowner which the court finds has suffered damages as a result of the violation. All such actions shall have precedence in the order of trial as provided in section 52-191. Any such action by the Attorney General shall be brought in the superior court for the judicial district of Hartford. Any vehicle used by any person in violation of subsection (d) may be forfeited in accordance with section 22a-250a.

      (P.A. 74-262, S. 4, 7; P.A. 78-319, S. 4, 15; P.A. 83-176, S. 2; P.A. 84-546, S. 73, 173; P.A. 85-446, S. 5; 85-613, S. 65, 154; P.A. 87-531, S. 4; P.A. 88-230, S. 1, 12; 88-320, S. 2; P.A. 90-98, S. 1, 2; P.A. 92-249, S. 3; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; P.A. 01-204, S. 14; June Sp. Sess. P.A. 01-9, S. 73, 131; P.A. 02-15, S. 1; P.A. 05-234, S. 10.)

      History: P.A. 78-319 made violations of Subsec. (d) of Sec. 22a-27b subject to penalty provisions of Subsec. (b) and added Subsec. (c) re required litter pickups as penalty for repeating offenders, effective January 1, 1980; Sec. 22a-27d transferred to Sec. 22a-87 in 1979; Sec. 22a-87 transferred to Sec. 22a-250 in 1983; P.A. 83-176 added Subsec. (d) which prohibits dumping and made any violation of the subsection an infraction; P.A. 84-546 made technical change in Subsecs. (a) and (d); P.A. 85-446 deleted previously existing penalty provisions and provided that violation of section shall be an infraction; P.A. 85-613 made technical changes to deleted provisions; P.A. 87-531 amended Subsec. (c) by deleting the penalty and adding provisions regarding investigation orders to remove material dumped in violation of the subsection and added Subsec. (d) establishing a civil penalty for violations of Subsec. (c); P.A. 88-230 replaced "judicial district of Hartford-New Britain at Hartford" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-320 amended Subsec. (b) to increase the penalty from an infraction to a fine of not more than $250, amended Subsec. (c) to provide that "dump" be defined as in Sec. 22a-248(12) and to add an exception for dumping on property which is a licensed facility, added new provisions in Subsec. (d), prohibiting dumping as defined in said subsection and relettered former Subsec. (d) as Subsec. (e), providing that any person who violates Subsec. (d) shall be liable for a civil penalty and authorizing the forfeiture, seizure and sale of any vehicle used in violation of Subsec. (d) and an appeals procedure; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 92-249 made a number of substantive and technical changes, including amending Subsec. (b) to make littering an infraction, amending Subsecs. (c) and (d) to provide that property owner's permission is not a defense under said subsections, adding new Subsecs. (e) to (g), inclusive, re commissioner's authority to issue orders, re municipal authority to issue orders and procedures therefor and re limits on state and local powers under this section, relettering former Subsec. (e) as new Subsec. (h) and changing civil penalty provisions and deleting vehicle forfeiture provisions therein; 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. 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. 01-204 amended Subsec. (b) to change the penalty for violating Subsec. (a) from an infraction to a fine of not more than $199, half of which is payable to the state and the other half of which is payable to the enforcing municipality; June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this section; P.A. 02-15 made technical changes in Subsecs. (c) and (d); P.A. 05-234 amended Subsec. (a) to designate existing provision re littering upon any public property in the state as new Subdiv. (1), add new Subdiv. (2) re littering upon any public land in the state, designate existing provision re littering upon any private property in this state not owned by such person as Subdiv. (3), designate existing provision re littering in the waters of this state as Subdiv. (4), redesignate existing Subdivs. (1) and (2) as Subparas. (A) and (B), respectively, add definition of "public land" and make a technical change for purposes of gender neutrality and amended Subsec. (b) to designate existing provision re the amount of the fine and disposition thereof as Subdiv. (1) and amend said Subdiv. to replace provision that one-half of the fine is payable to the enforcing municipality with provision that one-half of the fine is payable to the municipality in which the arrest was made unless the arrest was made by a conservation officer, special conservation officer or patrolman appointed by the Commissioner of Environmental Protection in which case one-half of the fine is payable to the Department of Environmental Protection, add new Subdiv. (2) re the imposition of a surcharge upon conviction of a violation of Subsec. (a)(2) re littering upon public land and the disposition of such surcharge and designate existing provision re when operator of a vehicle is deemed to have committed the offense as Subdiv. (3), effective January 1, 2006.

      Cited. 215 C. 82.

      Subsec. (a):

      Cited. 41 CA 779.

      Subsec. (b):

      Cited. 41 CA 779.

      Subsec. (c):

      Applicable to "dumping" committed by trespassers. 215 C. 82. Cited. 218 C. 580.

      Cited. 41 CA 779.

      Subsec. (d):

      Cited. 41 CA 779.

      Sec. 22a-250a. Forfeiture of vehicles used in violation of certain environmental laws. (a) When any vehicle used as a means of disposing of hazardous waste without a permit required under the federal Resource Conservation and Recovery Act of 1976, or as a means of committing a violation of any of the provisions of section 22a-208a, section 22a-208c, subsection (c) or (d) of section 22a-250 or section 22a-252, has been seized as a result of a lawful arrest or lawful search, pursuant to a criminal search and seizure warrant issued under authority of section 54-33c, which the state claims to be a nuisance and desires to have destroyed or disposed of in accordance with the provisions of this section, the judge or court issuing any such warrant or before whom the arrested person is to be arraigned shall, within ten days after such seizure, cause to be left with the owner of, and with any person claiming of record a bona fide mortgage, assignment of lease or rent, lien or security interest in, the vehicle so seized, or at his usual place of abode, if he is known, or, if unknown, at the place where the vehicle was seized, a summons notifying the owner and any such other person claiming such interest and all others to whom it may concern to appear before such judge or court, at a place and time specified in such notice, which shall be not less than six nor more than twelve days after the service thereof. Such summons may be signed by a clerk of the court or his assistant and service may be made by a local or state police officer, state marshal, constable or other person designated by the Commissioner of Environmental Protection. It shall describe such vehicle with reasonable certainty and state when and where and why the same was seized.

      (b) If the owner of such vehicle or any person claiming any interest in the same appears, he shall be made a party defendant in such case. The Attorney General, upon request of the Commissioner of Environmental Protection, shall appear and prosecute such complaint and shall have the burden of proving all material facts by a preponderance of the evidence.

      (c) If the judge or court finds the allegations made in such complaint to be true and that the vehicle has been used in violation of any provision of subsection (b) of section 22a-131a, section 22a-208a, section 22a-208c, subsection (c) or (d) of section 22a-250 or section 22a-252, he shall render judgment that such vehicle is a nuisance and order the same to be destroyed or disposed of in the discretion of the Commissioner of Environmental Protection. From the time the vehicle has been seized until such time as it has been destroyed or disposed of in accordance with law, it shall be kept at such place or places as designated by the Commissioner of Environmental Protection. Other state agencies shall cooperate with the Commissioner of Environmental Protection in connection with the transportation and storage of vehicles seized under this section. If any such vehicle is subject to a bona fide mortgage, assignment of lease or rent, lien or security interest, such vehicle shall not be so destroyed or disposed of in violation of the rights of the holder of such interest. When any vehicle has been declared a nuisance and condemned under this section, the court may also order that such vehicle be sold by sale at public auction in which case the proceeds shall become the property of the state and deposited in the General Fund; provided any person who has a bona fide mortgage, assignment of lease or rent, lien or security interest shall have the same right to the proceeds as he had in the vehicle prior to sale. Final destruction or disposal of such vehicle shall not be made until any criminal trial in which such vehicle might be used as evidence has been completed.

      (d) If the judge or court finds the allegations not to be true or that the vehicle has not been used in violation of any provision of subsection (b) of section 22a-131a, section 22a-208a, section 22a-208c, subsection (c) or (d) of section 22a-250 or section 22a-252, he shall order the vehicle returned to the owner forthwith and the party in possession of such vehicle pending such determination shall be responsible and liable for such property from the time of seizure and shall immediately comply with such order.

      (e) Failure of the state to proceed against such vehicle in accordance with the provisions of this section shall not prevent the use of such property as evidence in any criminal trial.

      (P.A. 92-249, S. 4; P.A. 00-99, S. 66, 154.)

      History: P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal in Subsec. (a), effective December 1, 2000.

      Cited. 41 CA 779.

      Sec. 22a-250b. Reward for information re illegal dumping. The Commissioner of Environmental Protection may offer a reward of up to one thousand dollars for information which leads to the imposition of a civil penalty for a violation of section 22a-250 or a conviction under section 22a-226a or 22a-226b, which reward may be paid out of any funds received by the state attributable to any civil penalty or fine imposed for any such violation. The Comptroller is authorized to disburse a portion of such funds from the General Fund for purposes of this section.

      (P.A. 92-249, S. 7.)

      Sec. 22a-250c. Collection of civil penalties by state or municipalities. (a) Except as provided in this section, all civil penalties collected for violations of section 22a-250 shall be paid to the Commissioner of Environmental Protection for deposit in the General Fund. Where an action for such a penalty is initiated by a municipality, fifty per cent of any civil penalty recovered shall be retained by the municipality. Any funds received by any municipality under this section shall be used for the purpose of enforcing the laws and regulations regarding littering and illegal dumping.

      (b) At least thirty days prior to a municipality bringing an action claiming a violation of section 22a-250 written notice shall be provided to the Commissioner of Environmental Protection that the municipality intends to bring such an action. No such action shall be brought if the commissioner notifies the municipality in writing that the commissioner intends to initiate such an action. To be effective, notice by the commissioner shall be sent within thirty days of receipt of the notice by the municipality and action by the commissioner shall be initiated within ninety days of the notice. The notice requirements under this section relate entirely to the relationship between the commissioner and the municipalities. No person other than the commissioner shall have standing to challenge an action on the ground that any notice under this section has or has not been provided and no action claiming a violation of said section 22a-250 shall be defeated on the ground that a municipality failed to notify the commissioner or proceeded after being informed by the commissioner of the commissioner's intent to initiate an action, except on the motion of the commissioner.

      (P.A. 92-249, S. 9.)

      Sec. 22a-251. (Formerly Sec. 22a-88). Regulations. (a) The commissioner may adopt, in accordance with chapter 54, such regulations as he deems necessary to implement the provisions of sections 22a-247 to 22a-249, inclusive, and 22a-250.

      (b) The provisions of sections 22a-247 to 22a-249, inclusive, and 22a-250 shall be in addition to and shall not supersede any provision of sections 22a-243 to 22a-245, inclusive.

      (P.A. 78-319, S. 10, 11, 13, 15; P.A. 81-3, S. 3, 5.)

      History: P.A. 78-319 effective January 1, 1980; P.A. 81-3 eliminated Subsec. (a) which had prohibited sale of any beverage container with a detachable part in opening and deleted references to repealed Secs. 22a-83 to 22a-86 and 22a-89 and to Sec. 22a-88; Sec. 22a-88 transferred to Sec. 22a-251 in 1983.

      Sec. 22a-252. Disposal of asbestos. No person shall dump, discard or otherwise dispose of more than one cubic foot of any substance containing asbestos or an asbestos-containing material, as defined in section 19a-332, except at a solid waste facility which has been granted a permit pursuant to section 22a-208a, and which has been authorized by the Commissioner of Environmental Protection as a solid waste disposal site for asbestos. Nothing in this section shall be construed to prohibit any person from dumping, discarding or otherwise disposing of any substance containing asbestos or an asbestos-containing material in an out-of-state facility. This section shall not be deemed to apply to naturally-occurring asbestos of Connecticut origin.

      (P.A. 90-163, S. 1.)

      Secs. 22a-253 and 22a-254. Reserved for future use.

      Sec. 22a-255. Definitions. As used in sections 22a-255a to 22a-255c, inclusive:

      (1) "Beverage" means beer or other malt beverages and mineral waters, soda water and carbonated soft drinks in liquid form and intended for human consumption;

      (2) "Plastic bottle" means a container with a capacity of sixteen ounces or more composed primarily of one or more plastics; and

      (3) "Closure" means a screw on or twist off cap used to close a container when such cap is not integral to the structure of the container.

      (P.A. 88-231, S. 13.)

      Sec. 22a-255a. Sale of certain beverage containers prohibited. No person shall sell or offer for sale any beverage container composed of one or more plastics if the basic structure of the container, exclusive of the closure, also includes aluminum or steel.

      (P.A. 88-231, S. 14.)

      Sec. 22a-255b. Identification code. Regulations. (a) On or after January 1, 1990, any plastic bottle sold or offered for sale in this state shall bear an identification code indicating the plastic material that is in the structure of the bottle.

      (b) The Commissioner of Environmental Protection shall establish by regulations adopted in accordance with chapter 54, standards for the identification code and provisions for providing consumers with an explanation of the code. In adopting such regulations and to promote uniformity of coding and separation of plastic bottles by material for recycling, the commissioner shall consult with manufacturers of plastic bottles, officials with regulatory authority over plastics in other states and representatives of recyclers.

      (c) On or after January 1, 1990, and to the extent feasible, each manufacturer of plastic bottles with a capacity of sixteen ounces or more sold or offered for sale in this state shall affix to each plastic bottle an identification code indicating the plastic material that is in the structure of the bottle.

      (P.A. 88-231, S. 15.)

      Sec. 22a-255c. Symbols indicating packaging is recyclable or made of recycled material. The Commissioner of Environmental Protection shall by regulations adopted in accordance with the provisions of chapter 54, except that notice of the regulations may be published not earlier than October 1, 1991, adopt (1) official symbols that may be placed on packages indicating recyclability or recycled material content and (2) procedures for the use of such symbols. Any official symbol shall be consistent with regulations adopted under section 22a-255d. Such regulations shall not be inconsistent with symbols adopted or proposed by the northeast recycling council established by the eastern regional conference of the council of state governments.

      (P.A. 88-231, S. 16; P.A. 89-385, S. 3.)

      History: P.A. 89-385 made adoption of regulations mandatory and required the commissioner to adopt regulations establishing procedures for use of official packaging symbols.

      Sec. 22a-255d. Regulations re packaging material. The Commissioner of Environmental Protection shall adopt regulations, in accordance with chapter 54, not earlier than October 1, 1991, establishing standards and requirements, consistent with the provisions of the state-wide solid waste management plan adopted pursuant to section 22a-228, for (1) reducing the volume or weight of disposable packaging material manufactured for domestic, commercial, industrial, government, or other use; (2) enhancing the recyclability of disposable packaging material; and (3) increasing the proportion of recycled resources used in the manufacture of packaging material. Regulations adopted under this section may (A) require labels indicating (i) whether packaging material is recyclable and the quantity of recycled material in the packaging, if any, and (ii) whether any toxic substance is present in the packaging; (B) set minimum standards for recycled content in classes of packaging; (C) establish guidelines or standards for refillable and reusable packages for certain types of goods; (D) establish guidelines or standards for packaging certain products in recyclable packages; (E) prohibit or reduce the use of substances in packaging material to minimize adverse impacts on the environment, such as the release of toxic substances from land disposal or incineration; (F) establish standards for the volume or weight of classes of packaging; and (G) establish standards to minimize the content of toxic substances in printed materials or products composed of plastics which are generally disposed of in a resources recovery facility. Such regulations shall not be inconsistent with preferred packaging guidelines issued by the Coalition of Northeastern Governors Source Reduction Task Force or regulations of the United States Food and Drug Administration or any other federal regulatory agency.

      (P.A. 89-385, S. 2; P.A. 90-230, S. 73, 101.)

      History: P.A. 90-230 substituted "the state-wide solid waste management plan adopted pursuant to section 22a-228" for "the plan".

      Sec. 22a-255e. Plastic bags and paper bags at retail establishments. On and after January 1, 1990, each retail establishment which offers plastic bags to customers for goods purchased at such establishment shall offer paper bags to customers and inform customers that a choice is available. The provisions of this section shall not be construed to require retail establishments to use plastic bags.

      (P.A. 89-385, S. 10; P.A. 90-230, S. 97, 101.)

      History: P.A. 90-230 made technical changes.

      Sec. 22a-255f. Public education program on waste reduction. The Commissioner of Environmental Protection shall develop a public education program on waste reduction. The program shall include (1) promotion of packages and products which are reusable, recyclable or made with postconsumer recycled material and (2) discouragement of packages which are not recyclable, difficult to recycle, are made of virgin materials or have excessive amounts of material or may have adverse environmental impacts when disposed of by incineration or in a landfill.

      (P.A. 89-385, S. 7.)

      Sec. 22a-255g. Legislative finding. The General Assembly finds that the management of solid waste can pose a wide range of hazards to public health and safety and to the environment; that packaging comprises a significant percentage of the overall solid waste stream; that the use of heavy metals in packaging is an aspect of the solid waste management problem because heavy metals are likely to be present in emissions or ash when packaging waste is incinerated or in leachate when packaging is landfilled; that lead, mercury, cadmium and hexavalent chromium are, on the basis of available scientific and medical evidence, of particular concern; that it is desirable as a first step in reducing the toxicity of packaging waste to eliminate or reduce heavy metals in packaging and that it is the intent of sections 22a-255g to 22a-255m, inclusive, to eliminate or reduce toxicity in packaging without impeding or discouraging the expanded use of recycled materials in the production of packaging.

      (P.A. 90-215, S. 1.)

      Sec. 22a-255h. Definitions. As used in sections 22a-255g to 22a-255m, inclusive:

      (1) "Package" means any container, produced either domestically or in a foreign country, used for the marketing, protecting or handling of a product and includes a unit package, an intermediate package and a shipping container, as defined in the American Society of Testing and Materials specification D966. "Package" also means any unsealed receptacle such as a carrying case, crate, cup, pail, rigid foil or other tray, wrapper or wrapping film, bag or tub.

      (2) "Distributor" means any person who takes title or delivery from the manufacturer of a package, packaging component or product, produced either domestically or in a foreign country, to use for promotional purposes or to sell.

      (3) "Packaging component" means any part of a package, produced either domestically or in a foreign country, including, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coating, closure, ink, label, dye, pigment, adhesive, stabilizer or other additive. Tin-plated steel that meets specification A623 of the American Society of Testing and Materials shall be considered as a single packaging component. Electro-galvanized coated steel and hot dipped coated galvanized steel that meets the American Society of Testing and Materials specifications A653, A924, A879 and A591 shall be treated in the same manner as tin-plated steel.

      (4) "Commissioner" means the Commissioner of Environmental Protection or an authorized agent or designee of the commissioner.

      (5) "Department" means the Department of Environmental Protection.

      (6) "Intermediate package" means a wrap, box, or bundle which contains two or more unit packages of identical items.

      (7) "Unit package" means the first tie, wrap, or container applied to a single item, a quantity of the same item, a set, or an item with all its component parts, which constitutes a complete and identifiable package containing the unit of issue of a product for ultimate use.

      (8) "Shipping container" means a container which is sufficiently strong to be used in commerce for packing, storing and shipping commodities.

      (9) "Container" means a receptacle capable of closure.

      (10) "Intentionally introduced" means deliberately utilized regulated metal in the formulation of a package or packaging component where the continued presence of such metal is desired in the final package or packaging component to provide a specific characteristic, appearance or quality. The use of a regulated metal as a processing agent or intermediate to impart certain chemical or physical changes during manufacturing where the incidental retention of a residue of said metal in the final package or packaging component is neither desired nor deliberate shall not be considered intentional introduction for the purposes of this section where such package or component is in compliance with subsection (c) of section 22a-255i. The use of recycled materials as feedstock for the manufacture of new packaging materials where some portion of the recycled materials may contain amounts of the regulated metals shall not be considered intentional introduction for the purposes of this section provided the new package or packaging component is in compliance with subsection (c) of section 22a-255i.

      (11) "Distribution" means the process for transferring a package or packaging component for promotional purposes or resale. Persons involved solely in delivering a package or packaging component on behalf of third parties shall not be considered distributors.

      (12) "Manufacturer" means any person producing a package or packaging component as defined in subdivision (3) of this section.

      (13) "Manufacturing" means the physical or chemical modification of a material to produce packaging or packaging components.

      (14) "Supplier" means any person, firm, association, partnership or corporation which sells, offers for sale or offers for promotional purposes packages or packaging components which will be used by any other person to package a product.

      (P.A. 90-215, S. 2; P.A. 95-57, S. 1; P.A. 06-76, S. 17, 18.)

      History: P.A. 95-57 redefined "packaging component" to add provisions re tin-plated and electrolytic galvanized steel and added new Subdivs. (10) to (14), inclusive, defining "intentionally introduced", "distribution", "manufacturer", "manufacturing" and "supplier"; P.A. 06-76 redefined "package", "distributor", "packaging component", "commissioner", "manufacturer" and "supplier" in Subdivs. (1) to (4), (12) and (14), respectively.

      Sec. 22a-255i. Sale of packaging components or packaging composed of lead, cadmium, mercury or hexavalent chromium. (a) As soon as feasible, but not later than October 1, 1992, no package or packaging component shall be offered for sale or promotional purposes in this state, by its manufacturer or distributor, if it is composed of any lead, cadmium, mercury or hexavalent chromium which has been intentionally introduced during manufacturing or distribution, as opposed to the incidental presence of any of these substances.

      (b) As soon as feasible, but not later than October 1, 1992, no product shall be offered for sale or promotional purposes, in this state by its manufacturer or distributor, in a package which is composed of any lead, cadmium, mercury or hexavalent chromium which has been intentionally introduced during manufacturing or distribution, as opposed to the incidental presence of any of these substances.

      (c) No package or packaging component shall be offered for sale or promotional purposes in this state by its manufacturer or distributor if the sum of the incidental concentration levels of lead, cadmium, mercury and hexavalent chromium present in such package or packaging component exceeds the following: Six hundred parts per million by weight, effective October 1, 1992; two hundred fifty parts per million, effective October 1, 1993; and one hundred parts per million by weight, effective October 1, 1994.

      (d) Concentration levels of lead, cadmium, mercury, and hexavalent chromium shall be determined using the United States Environmental Protection Agency Tests Methods for Evaluating Solid Waste, SW-846, as revised.

      (P.A. 90-215, S. 3; P.A. 06-76, S. 19.)

      History: P.A. 06-76 amended Subsec. (a) to add "or packaging".

      Sec. 22a-255j. Exempt packages and packaging components. All packages and packaging components shall be subject to sections 22a-255g to 22a-255m, inclusive, except the following:

      (1) A package or packaging component which was manufactured prior to October 1, 1990, and displays a code indicating the date it was manufactured;

      (2) A package or packaging component that would not exceed any maximum concentration set forth in subsection (c) of section 22a-255i but for the addition or use of recycled materials; provided the provisions of sections 22a-255g to 22a-255m, inclusive, shall apply to such packages on and after January 1, 2010;

      (3) A package or packaging component to which lead, cadmium, mercury or hexavalent chromium has been added in the manufacturing or distribution process in order to comply with health or safety requirements of federal law, provided the manufacturer of such a package or packaging component has demonstrated to the commissioner that such package or packaging component is entitled to an exemption under this subdivision and the commissioner grants such exemption. The exemption shall be effective for up to two years and may be extended if circumstances warrant an extension. An extension may be granted for up to two years;

      (4) Any alcoholic liquor bottled prior to October 1, 1992;

      (5) A package or packaging component to which lead, cadmium, mercury or hexavalent chromium has been added in the manufacturing, forming, printing or distribution process for which there is no feasible alternative to the use of lead, cadmium, mercury or hexavalent chromium provided the manufacturer of such a package or packaging component has demonstrated to the commissioner that such package or packaging component is entitled to an exemption under this subdivision and the commissioner grants such exemption. The exemption shall be effective for two years and may be extended if circumstances warrant an extension. An extension may be granted for up to two years. For purposes of this subdivision, a use for which there is no feasible alternative is one which is essential to the protection, safe handling or function of the package's contents and for which technical constraints preclude the substitution of other materials. For purposes of this subdivision, a use for which there is no feasible alternative shall not include the use of any lead, cadmium, mercury or hexavalent chromium for the purpose of marketing;

      (6) A package or packaging component that is reused but exceeds contaminant levels set forth in subsection (c) of section 22a-255i, provided (A) the product being conveyed by such package or packaging component is regulated under federal or state health or safety requirements; (B) the transportation of such package or packaging component is regulated under federal or state transportation requirements; (C) the disposal of the package or packaging component is performed according to federal or state radioactive or hazardous waste disposal requirements; and (D) the manufacturer of such package or packaging component has demonstrated to the commissioner that such package or packaging component is entitled to an exemption under this subdivision and the commissioner grants such exemption. Any exemption granted under this subdivision shall expire on January 1, 2010;

      (7) A package or packaging component which is reusable and has a controlled distribution and reuse but which exceeds the contaminant levels set forth in subsection (c) of section 22a-255i, provided the manufacturer or distributor of such package or packaging component petitions the commissioner for an exemption and the commissioner grants such exemption. A manufacturer or distributor petitioning the commissioner for such an exemption shall (A) satisfactorily demonstrate that the environmental benefit of the reusable packaging or packaging component is significantly greater as compared to the same package or packaging component manufactured in compliance with the contaminant levels set forth in subsection (c) of section 22a-255i, and (B) submit a written plan including, at a minimum, the following elements: (i) A means of identifying in a permanent and visible manner those reusable packages or packaging components containing regulated metals for which the exemption is sought; (ii) a method of regulatory and financial accountability such that a specified percentage of such reusable packaging or packaging components manufactured and distributed to other persons are not discarded by those persons after use, but are returned to the manufacturer or his designee; (iii) a system of inventory and record maintenance to account for the reusable packaging or packaging components placed in and removed from service; (iv) a means of transforming returned packaging or packaging components that are no longer reusable into recycled materials for manufacturing or into manufacturing wastes which are subject to existing federal or state laws or regulations to ensure that these wastes do not enter the commercial or municipal waste stream; and (v) a system for annually reporting to the commissioner any changes to the system or changes regarding the manufacturer's designee. Any exemption granted under this subdivision shall expire on January 1, 2010;

      (8) A glass or ceramic package or packaging component that has a vitrified label which, when prepared according to the American Society for Testing and Materials specification C1606-04 and when tested in accordance with the Toxicity Characteristic Leaching Procedures of the United States Environmental Protection Agency Test Method and Publication SW 846, third edition, "Test Methods for Evaluating Solid Waste", does not exceed one part per million for cadmium, five parts per million for hexavalent chromium and five parts per million for lead.

      (P.A. 90-215, S. 4; P.A. 95-57, S. 2; P.A. 06-76, S. 20; P.A. 08-124, S. 22.)

      History: P.A. 95-57 amended Subdiv. (2) to extend the exemption to January 1, 2000, amended Subdiv. (3) to delete reference to packaging without a feasible alternative and to modify provision re extension of exemption, added new Subdiv. (5) re packaging containing lead and other substances for which there is no feasible alternative, added new Subdiv. (6) re packaging which exceed certain contaminant levels and added new Subdiv. (7) re packaging which is reusable with a controlled distribution and reuse; P.A. 06-76 amended Subdivs. (2), (6) and (7) to replace "2000" with "2010", amended Subdiv. (5) to add "forming, printing", to replace "there is no substitute" with "technical constraints preclude the substitution of other materials" and to specify what "no feasible alternative" does not include, amended Subdiv. (6) to add "is reused but" and added Subdiv. (8) re glass or ceramic package or packaging components with vitrified labels; P.A. 08-124 made technical changes in Subdivs. (3) and (5), effective June 2, 2008.

      Sec. 22a-255k. Certificates of compliance. No manufacturer or distributor of a product shall be deemed to have violated any provision of sections 22a-255g to 22a-255m, inclusive, if such manufacturer or distributor can show that, in the purchase of a package or packaging component, he relied in good faith on the written assurance of the manufacturer of such packaging or packaging component that such packaging or packaging component met the requirements of section 22a-255i. Such written assurance shall take the form of a certificate of compliance stating that a package or packaging component is in compliance with the requirements of sections 22a-255g to 22a-255m, inclusive, provided if compliance is achieved pursuant to an exemption provided in section 22a-255j, the certificate shall state the specific basis upon which the exemption is claimed. The certificate of compliance shall be signed by an authorized official of the manufacturer or distributor. A manufacturer or distributor of a package or packaging component shall furnish a copy of the certificate of compliance to the commissioner upon his request.

      (P.A. 90-215, S. 5.)

      Sec. 22a-255l. Penalties. Referral to Attorney General. (a) Any person who violates any provision of sections 22a-255g to 22a-255m, inclusive, including making a false statement in a certificate of compliance prepared pursuant to section 22a-255k, shall pay a civil penalty not to exceed ten thousand dollars, to be fixed by the court, for each offense. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Attorney General, upon complaint of the commissioner, shall institute an action in superior court for the judicial district of Hartford to recover such penalty.

      (b) Any person who knowingly violates any provision of sections 22a-255g to 22a-255m, inclusive, including by making any false statement in a certificate of compliance prepared pursuant to section 22a-255k, shall, upon conviction, be fined not more than fifty thousand dollars for each false statement in such certificate or imprisoned not more than one year or both.

      (c) If any person violates any provision of sections 22a-255g to 22a-255m, inclusive, the commissioner may request the Attorney General to bring an action in superior court for the judicial district of Hartford to enjoin such person from continuing such violation.

      (P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; 90-215, S. 6; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)

      History: (Revisor's note: P.A. 88-230 and P.A. 90-98 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public and special acts of the 1990 session, effective 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. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

      Sec. 22a-255m. Report. Recommendations by department. (a) The commissioner may, in consultation with the other member states of the Toxics in Packaging Clearing House, review the effectiveness of sections 22a-255g to 22a-255m, inclusive, and provide a report based on such review to the Governor and the General Assembly. The report may describe substitutes which manufacturers and distributors of packages and packaging components have used in place of lead, mercury, cadmium and hexavalent chromium, and may contain recommendations concerning (1) other toxic substances contained in packaging that should be added to those regulated under the provisions of sections 22a-255g to 22a-255m, inclusive, in order to further reduce the toxicity of packaging waste, and (2) the advisability of retaining the exemption provided in subdivision (2) of section 22a-255j.

      (b) For the purpose of gathering information for the review and report described in subsection (a) of this section, the commissioner may inspect and copy the records of any person (1) engaged in the manufacture or distribution of packages or packaging components if such records pertain to the processes by which such packages or packaging components are manufactured, including the nature and amounts of substances utilized, and (2) who produces or supplies materials for the manufacture of packages or packaging components, if such records pertain to the nature and amount of substances in such materials or the identities or locations of purchasers or recipients of such materials. Upon request of the commissioner, any such person shall allow the commissioner to inspect and copy such records or shall provide copies of such records to the commissioner.

      (P.A. 90-215, S. 7; P.A. 06-76, S. 21.)

      History: P.A. 06-76 amended Subsec. (a) to replace "department" with "commissioner", to replace "Source Reduction Council of the Council of Northeastern Governors" with "other member states of the Toxics in Packaging Clearing House" and to make a technical change.

      Sec. 22a-256. "Consumer product" defined. As used in sections 22a-256a and 22a-256b, "consumer product" means any product which is used or bought for use primarily for personal, family or household purposes.

      (P.A. 89-385, S. 12; P.A. 90-248, S. 5.)

      History: P.A. 90-248 revised list of sections to which definition applies.

      Sec. 22a-256a. Recycling of nickel-cadmium batteries contained in consumer products. On and after July 1, 1993, each municipality shall recycle nickel-cadmium batteries contained in consumer products and disposed of in municipal solid waste within three months of the establishment of service to such municipality by a regional processing center or local processing system.

      (P.A. 89-385, S. 14.)

      Sec. 22a-256b. Sale of nickel-cadmium batteries contained in consumer products. Exemption. (a) On and after July 1, 1993, no person shall sell or offer for sale in this state any consumer product which contains a nickel-cadmium battery unless (1) the battery can be easily removed by the consumer or is contained in a battery pack that is separate from the product and can be easily removed and (2) such product, the package containing such product or the battery itself is labeled in a manner which is visible to the consumer prior to purchase with one of the following statements, as appropriate, printed in capital letters: (A) "CONTAINS NICKEL-CADMIUM BATTERY. MUST BE DISPOSED OF PROPERLY" or (B) "NICKEL-CADMIUM BATTERY. MUST BE DISPOSED OF PROPERLY".

      (b) The Commissioner of Environmental Protection may authorize the sale of a consumer product which does not comply with the provisions of subdivision (1) of subsection (a) of this section if such product was available for sale on or before October 1, 1990, and the commissioner determines that such product (1) cannot reasonably be redesigned and manufactured by July 1, 1993, or (2) the redesign of such product to comply with said subdivision would result in significant danger to public health and safety or substantial job losses in the state. Any authorization under subdivision (1) of this subsection shall be limited to two years and may not be renewed.

      (P.A. 90-248, S. 6.)

      Sec. 22a-256c. Recycling of mercuric oxide batteries. Notice by retailers. Disposal. Program for the collection of mercuric oxide batteries at senior citizen centers. (a) As used in this section:

      (1) "Retailer" means a person who engages in the sale of mercuric oxide batteries to a consumer, and

      (2) "Wholesaler" means a person who engages in the sale of mercuric oxide batteries to a retailer in this state.

      (b) Each retailer shall post a written notice at his place of business which shall advise consumers that used mercuric oxide batteries are hazardous waste requiring separate disposal and that the retailer is required to accept used mercuric oxide batteries from a consumer in accordance with the provisions of this section. The notice shall be posted in a location on or near the display area of such batteries and shall be reasonably prominent in size so as to carry out the provisions of this section.

      (c) No retailer shall refuse to accept used mercuric oxide batteries from consumers and no wholesaler shall refuse to accept used mercuric oxide batteries from retailers or consumers. Any mercuric oxide batteries accepted by a retailer or a wholesaler shall be disposed of in accordance with the provisions of this section.

      (d) No person shall dispose of a used mercuric oxide battery except by delivery to (1) a retailer, (2) a wholesaler, (3) a manufacturer of mercuric oxide batteries or (4) a recycling center.

      (e) Any person who sells, or offers for sale, hearing aid devices or cameras which utilize mercuric oxide batteries shall provide to any purchaser of such a device a written notice that such device contains a mercuric oxide battery which requires disposal in accordance with this section.

      (f) The Commissioner of Environmental Protection, in consultation with the Commissioner of Social Services, shall assist senior citizen centers in the establishment of a program for the collection of mercuric oxide batteries. The program shall provide for the safe disposal and recycling of such batteries and shall provide guidelines for containers suitable for the safe collection and disposal of such batteries.

      (P.A. 91-377, S. 1, 2, 6; P.A. 93-262, S. 1, 87.)

      History: P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department on aging, effective July 1, 1993.

      Sec. 22a-256d. Sale of alkaline manganese batteries. No person may sell or offer for sale an alkaline manganese battery manufactured on or after January 1, 1992, containing mercury in a concentration in excess of twenty-five one-thousandths of one per cent by weight of such battery.

      (P.A. 91-377, S. 3, 6.)

      Sec. 22a-256e. Sale of zinc-carbon batteries. No person may sell or offer for sale a zinc-carbon battery manufactured on or after January 1, 1993, containing mercury in a concentration in excess of one part per million by weight of such battery.

      (P.A. 91-377, S. 4, 6; 91-407, S. 13.)

      History: P.A. 91-407 changed applicable date from January 1, 1991, to January 1, 1993.

      Sec. 22a-256f. Definitions. For purposes of sections 22a-256f to 22a-256i, inclusive:

      (1) "Battery" means a lead acid battery or a motor vehicle battery;

      (2) "Retailer" means a person who engages in the sale of batteries to a consumer;

      (3) "Wholesaler" means a person who engages in the sale of batteries to a retailer in this state;

      (4) "Place of business of a retailer" means the location at which a retailer sells or offers for sale batteries.

      (P.A. 90-248, S. 1.)

      Sec. 22a-256g. Batteries. Disposal. Penalties. (a) No person may place a used battery in mixed municipal solid waste or discard or otherwise dispose of such a used battery except by delivery to (1) a retailer or wholesaler, (2) a recycling facility as defined in section 22a-207, (3) a secondary lead smelter permitted by the United States Environmental Protection Agency, (4) a scrap metal processor as defined in section 14-67w or (5) a municipally established collection site.

      (b) No retailer shall dispose of a used battery except by delivery to (1) a wholesaler, (2) a battery manufacturer for delivery to a secondary lead smelter permitted by the United States Environmental Protection Agency, (3) a recycling center, (4) a secondary lead smelter permitted by the United States Environmental Protection Agency or (5) a scrap metal processor as defined in section 14-67w.

      (c) Any person who violates any provisions of subsection (a) or (b) of this section shall be fined not more than one thousand dollars. Each battery disposed of in violation of this section shall constitute a separate violation.

      (P.A. 90-248, S. 2.)

      Sec. 22a-256h. Deposit for batteries. Refunds. Disposal by retailer. Written notice. Penalty. (a) Each person who purchases a battery shall return a used battery to the retailer or pay a deposit of five dollars for each new battery purchased. Any person paying a deposit pursuant to this subsection shall receive a five-dollar refund if such person returns a used battery, with a receipt from such retailer, within thirty days after the purchase of a new battery.

      (b) All funds received by a retailer pursuant to the provisions of subsection (a) of this section shall accrue to the retailer.

      (c) From October 1, 1990, to April 1, 1992, inclusive, no retailer may refuse to accept a used battery from a consumer who does not purchase a battery from such retailer provided no retailer shall be required to accept more than three batteries from any such consumer. The consumer shall not receive a deposit refund for a battery returned pursuant to the provisions of this subsection unless the consumer presents a receipt as described in subsection (a) of this section.

      (d) A retailer shall not refuse to accept used batteries from consumers in accordance with the provisions of sections 22a-256f to 22a-256i, inclusive. Any batteries accepted by a retailer shall be disposed of in accordance with the provisions of said sections.

      (e) Each retailer shall post a written notice at his place of business which shall advise consumers that it is illegal to discard a battery, that such batteries must be recycled, that such retailer is required to accept up to three batteries from a consumer who is not purchasing a battery for a period of eighteen months beginning on October 1, 1990, in accordance with the provisions of subsection (c) of this section and that after such eighteen-month period such retailer is required to accept a used battery for recycling, in exchange for the purchase of a new battery. Such notice shall be at least eight and one-half inches wide and at least eleven inches in length.

      (f) Any person who violates any provision of subsection (e) of this section shall be fined not less than one hundred dollars for each day such violation continues.

      (P.A. 90-248, S. 3.)

      Sec. 22a-256i. Acceptance of batteries by wholesalers. Inspections. Warnings and citations. A wholesaler shall not refuse to accept at the point of transfer, in a quantity at least equal to the number of new batteries purchased, used batteries from retailers or consumers. Any wholesaler accepting batteries in transfer from a retailer shall remove such batteries from the retail point of collection within ninety days. The Commissioner of Environmental Protection, upon presenting appropriate credentials to a retailer, operator or agent in charge, may inspect, at reasonable times the retailer's place of business. The commissioner may issue warnings and citations to retailers who fail to comply with the provisions of sections 22a-256f to 22a-256i, inclusive.

      (P.A. 90-248, S. 4.)

      Sec. 22a-256j. Tire tax. Section 22a-256j is repealed, effective July 1, 1997.

      (P.A. 93-74, S. 47, 67; May Sp. Sess. P.A. 94-4, S. 82, 85; P.A. 95-160, S. 64, 69; 95-359, S. 13, 19.)

      Secs. 22a-256k and 22a-256l. Reserved for future use.

      Sec. 22a-256m. Definitions. As used in sections 22a-256m to 22a-256u, inclusive:

      (1) "Commissioner" means the Commissioner of Environmental Protection.

      (2) "Department" means the Department of Environmental Protection.

      (3) "Newsprint" means that class or kind of paper chiefly used for printing newspapers and weighing more than twenty-four and one-half pounds but less than thirty-five pounds for five hundred sheets of paper two feet by three feet in size, on rolls which are not less than thirteen inches wide and twenty-eight inches in diameter and having a brightness of less than sixty.

      (4) "Newsprint user" means a person using or distributing more than one hundred tons of newsprint annually in a commercial printing or publishing operation.

      (5) "Publisher" means a newsprint user engaged in the business of publishing newspapers in the state.

      (6) "Printer" means a newsprint user engaged in the business of commercial printing in the state.

      (7) "Runability" means the ability of newsprint to run on the printing press without breaking.

      (8) "Recycled fiber" means fiber derived from postconsumer waste paper or waste paper resulting from printing operations.

      (9) "Postconsumer waste paper" means discarded paper after it has served its intended end use as a consumer item.

      (P.A. 90-224, S. 1.)

      Sec. 22a-256n. Publishers: Use of newsprint with recycled content. Schedule. On a state-wide basis, the percentage of recycled fiber contained in newsprint used by all publishers shall be in accordance with the following schedule: For the year ending December 31, 1992, eleven per cent or more; for the year ending December 31, 1993, sixteen per cent or more; for the year ending December 31, 1994, twenty per cent or more; for the two years ending December 31, 1996, twenty-three per cent or more; for the year ending December 31, 1997, thirty-one per cent or more; for the year ending December 31, 1998, forty per cent or more; for the year ending December 31, 1999, forty-five per cent or more; and for the year ending December 31, 2000, and thereafter, fifty per cent or more.

      (P.A. 90-224, S. 2; P.A. 95-324, S. 1.)

      History: P.A. 95-324 delayed by one year the schedule for the requirements for recycled content above 23%.

      Sec. 22a-256o. Publishers: Failure to achieve percentages. Penalty. If the percentages specified in section 22a-256n are not achieved by publishers as a group on the dates specified, as shown by reports submitted to the Commissioner of Environmental Protection in accordance with section 22a-256r, each publisher individually shall meet the percentages established in said section 22a-256n for the remaining years. Beginning in the year following the failure of such publishers, as a group, to achieve such levels, any publisher which individually fails to meet the specified levels shall be assessed a civil penalty of five dollars per ton based on the number of tons of recycled fiber representing the shortfall, provided such civil penalty, to be fixed by the court, shall be not less than two thousand five hundred dollars and not more than one hundred thousand dollars. The Attorney General, upon request of the commissioner, may institute a civil action in the superior court for the judicial district of Hartford to recover such penalty.

      (P.A. 88-230, S. 1, 2; P.A. 90-98, S. 1, 2; 90-224, S. 4; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; 95-324, S. 3.)

      History: P.A. 95-324 replaced fine for violation of the section with a civil penalty and added provision authorizing Attorney General to bring civil action to recover penalties (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain", effective September 1, 1998).

      Sec. 22a-256p. Printers: Use of newsprint with recycled content. Schedule. On a state-wide basis, the percentage of recycled fiber contained in newsprint used by all printers shall be in accordance with the following schedule: For the year ending December 31, 1992, eleven per cent or more; for the year ending December 31, 1993, sixteen per cent or more; for the year ending December 31, 1994, twenty per cent or more; for the two years ending December 31, 1996, twenty-three per cent or more; for the year ending December 31, 1997, thirty-one per cent or more; for the year ending December 31, 1998, forty per cent or more; for the year ending December 31, 1999, forty-five per cent or more; and for the year ending December 31, 2000, and thereafter, fifty per cent or more.

      (P.A. 90-224, S. 3; P.A. 95-324, S. 2.)

      History: P.A. 95-324 delayed by one year the schedule for the requirements for recycled content above 23%.

      Sec. 22a-256q. Printers: Failure to achieve percentages. Penalty. If the percentages specified in section 22a-256p are not achieved by printers as a group on the dates specified, as shown by reports submitted to the Commissioner of Environmental Protection in accordance with section 22a-256r, each printer individually shall meet the percentages established in said section 22a-256p for the remaining years. Beginning in the year following the failure of the printers, as a group, to achieve such levels, any printer which fails to meet the specified levels shall be assessed a civil penalty of five dollars per ton based on the number of tons of recycled fiber representing the shortfall, provided such civil penalty, to be fixed by the court, shall be not less than two thousand five hundred dollars and not more than one hundred thousand dollars. The Attorney General, upon request of the commissioner, may institute a civil action in the superior court for the judicial district of Hartford to recover such penalty.

      (P.A. 88-230, S. 1, 2; P.A. 90-98, S. 1, 2; 90-224, S. 5; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; 95-324, S. 4.)

      History: P.A. 95-324 replaced fine for violation of the section with a civil penalty and added provision authorizing Attorney General to bring action for recovery of penalties (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain", effective September 1, 1998).

      Sec. 22a-256r. Annual reports. Exemption. (a) On or before March 1, 1993, and annually thereafter, each newsprint user shall submit a report to the Commissioner of Environmental Protection. The report shall indicate the percentage of recycled fiber used in the preceding calendar year, along with any information required by the commissioner to determine compliance with the provisions of sections 22a-256m to 22a-256u, inclusive. Any newsprint user who fails to submit the report required by this section shall be deemed to have failed to meet the percentages established in sections 22a-256n and 22a-256p.

      (b) The Commissioner of Environmental Protection shall exempt a publisher or a printer from compliance with the provisions of sections 22a-256n and 22a-256p if the commissioner determines that such publisher or printer was unable to obtain sufficient amounts of newsprint containing recycled fiber at a price comparable to the price for virgin newsprint, that he was unable to obtain newsprint containing recycled fiber within a reasonable time or that he was unable to obtain newsprint which is runable. The publisher or printer shall certify to the commissioner the specific reason for failing to use newsprint containing a sufficient amount of recycled fiber. Such certification shall be submitted along with the report required by subsection (a) of this section and shall be construed to have been made in good faith if the publisher or printer submits proof of having contacted, to obtain newsprint containing recycled fiber, each producer of such newsprint which offered to sell newsprint containing recycled fiber to the publisher or printer not more than eighteen months before the certification. Such proof shall include the address, telephone number and name of each producer contacted and the corporate name of such producer, if any.

      (P.A. 90-224, S. 6.)

      Sec. 22a-256s. Report by commissioner. Section 22a-256s is repealed, effective October 1, 2002.

      (P.A. 90-224, S. 7; S.A. 02-12, S. 1.)

      Sec. 22a-256t. Deposit of revenue into General Fund. Any revenue collected under the provisions of sections 22a-256o and 22a-256q shall be deposited in the General Fund.

      (P.A. 90-224, S. 8; June Sp. Sess. P.A. 09-3, S. 414.)

      History: (Revisor's note: In 1995 references to "municipal solid waste recycling trust fund" were replaced editorially by the Revisors with "municipal solid waste recycling trust account" to conform section with Sec. 22a-241 as amended by P.A. 94-130); June Sp. Sess. P.A. 09-3 replaced reference to municipal solid waste recycling trust account with reference to General Fund.

      Sec. 22a-256u. Regulations. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of sections 22a-256m to 22a-256t, inclusive.

      (P.A. 90-224, S. 9.)

      Sec. 22a-256v. Alternative standards for recycled newsprint. The Commissioner of Environmental Protection shall adopt alternative standards for the specifications provided in sections 22a-256n and 22a-256p if he determines, upon receipt of documentation from the Northeast Recycling Council, that such specifications are not achievable which determination shall be made not less than once annually. Such alternative standards shall be in effect during any period of time in which the commissioner determines that the publishing or printing industry is unable to obtain sufficient amounts of runable newsprint containing recycled fiber at a price comparable to the price for virgin newsprint or is unable to find such newsprint within a reasonable time.

      (P.A. 98-99, S. 1; June Sp. Sess. P.A. 98-1, S. 109, 121.)

      History: June Sp. Sess. P.A. 98-1 made a technical change.

      Secs. 22a-256w and 22a-256x. Reserved for future use.

      Sec. 22a-256y. Definitions. As used in sections 22a-256y to 22a-256ee, inclusive:

      (1) "Commissioner" means the Commissioner of Environmental Protection;

      (2) "Department" means the Department of Environmental Protection;

      (3) "Directory publisher" means a person or entity engaged in publishing directories of any kind as part of its business which (A) in the previous calendar year used at least fifty tons of directory stock in directories which were distributed in this state or (B) anticipates using, in the current calendar year, at least fifty tons of directory stock in directories which are distributed in this state;

      (4) "Directory stock" means that class or kind of paper chiefly used for printing directories and weighing more than eighteen pounds but less than twenty-six pounds for five hundred sheets of paper twenty-four inches by thirty-six inches in size, on rolls which are not less than twenty-six inches wide and forty inches in diameter and, for twenty pound white directory stock, having a brightness of less than 57;

      (5) "Runability" means the ability of directory stock to run on a printing press using flexography, letterpress and offset printing processes without breaking;

      (6) "Recycled fiber" means fiber derived from postconsumer waste paper or waste paper resulting from printing operations;

      (7) "Postconsumer waste paper" means discarded paper after it has served its intended use as a consumer item.

      (P.A. 90-281, S. 1.)

      Sec. 22a-256z. Directory publishers: Use of directory stock with recycled fiber. Schedule. On a state-wide basis, the percentage of recycled fiber contained in directory stock used by all directory publishers shall be in accordance with the following schedule: For the year ending December 31, 1995, ten per cent or more; for the year ending December 31, 1996, fifteen per cent or more; for the year ending December 31, 1997, twenty per cent or more; for the year ending December 31, 1998, twenty-five per cent or more; for the year ending December 31, 1999, thirty per cent or more; for the year ending December 31, 2000, thirty-five per cent or more; and thereafter, forty per cent or more.

      (P.A. 90-281, S. 2.)

      Sec. 22a-256aa. Directory publishers: Failure to achieve percentages. Penalty. If the percentages specified in section 22a-256z are not achieved by directory publishers as a group on the dates specified, in any year, as shown by reports submitted to the Commissioner of Environmental Protection in accordance with section 22a-256bb, each such publisher individually shall meet the percentages established in said section 22a-256z for the remaining years. Beginning in the year following the failure of such publishers, as a group, to achieve such levels, any publisher which individually fails to meet the specified levels shall pay an assessment of five dollars per ton based on the number of tons of recycled fiber representing the shortfall, provided such assessment shall not be less than two thousand five hundred dollars and not more than one hundred thousand dollars.

      (P.A. 90-281, S. 3.)

      Sec. 22a-256bb. Annual reports. Exemption. (a) On or before March 1, 1996, and annually thereafter, each directory publisher shall submit a report to the commissioner. The report shall indicate the percentage of recycled fiber used in the preceding calendar year, along with any information required by the commissioner to determine compliance with the provisions of sections 22a-256y to 22a-256ee, inclusive. Any directory publisher who fails to submit the report required under this section shall be deemed to have failed to meet the percentages established in section 22a-256z.

      (b) The commissioner shall exempt a directory publisher from compliance with the provisions of section 22a-256z if the commissioner determines that such publisher was unable to obtain sufficient amounts of directory stock containing recycled fiber at a price comparable to the price for virgin stock, that said publisher was unable to obtain directory stock containing recycled fiber within a reasonable time or was unable to obtain directory stock which is runable. The directory publisher shall certify to the commissioner the specific reason for failing to use directory stock containing a sufficient amount of recycled fiber. Such certification shall be construed to have been made in good faith if the publisher submits proof of having contacted, to obtain directory stock containing recycled fiber, each producer of such stock which offered to sell directory stock to the publisher not more than eighteen months before the certification. Such proof shall include the address, telephone number and name of each producer contacted and the corporate name of such producer, if any.

      (P.A. 90-281, S. 4.)

      Sec. 22a-256cc. Deposit of revenue into General Fund. Any revenue collected under the provisions of section 22a-256aa shall be deposited in the General Fund.

      (P.A. 90-281, S. 5; June Sp. Sess. P.A. 09-3, S. 415.)

      History: (Revisor's note: In 1995 references to "municipal solid waste recycling trust fund" were replaced editorially by the Revisors with "municipal solid waste recycling trust account" to conform section with Sec. 22a-241 as amended by P.A. 94-130); June Sp. Sess. P.A. 09-3 replaced reference to municipal solid waste recycling trust account with reference to General Fund.

      Sec. 22a-256dd. Inclusion of expenses when determining rates. If the revenues generated by a directory publisher are included by the Department of Public Utility Control in determining the rates which may be charged by a telephone company defined in section 16-1 for telephone service, all expenses incurred by such directory publisher under sections 22a-256y to 22a-256ee, inclusive, shall be allowed by the Department of Public Utility Control to be included in the expenses of such telephone company for the purpose of determining its rates.

      (P.A. 90-281, S. 6.)

      Sec. 22a-256ee. Directory publishers: Recycling goals. Any directory publisher who publishes a directory which does not meet the recycled content standard provided for in section 22a-256z shall file a plan with the commissioner not later than ninety days after such publication which shall provide that at least forty per cent of such directories distributed by such publisher in this state shall be retrieved and recycled and such percentage shall be increased by five per cent per year until fifty per cent or more are retrieved and recycled. Any directory publisher who publishes a directory which meets such standard shall annually retrieve and recycle at least thirty per cent of its directories distributed in this state unless the commissioner determines that (1) fifty per cent or more of the municipalities in this state accept such publisher's directories as part of municipal recycling programs and that such directories are recycled or (2) fifty per cent or more of the intermediate solid waste processing centers in this state accept such directories as part of a recycling program and that such directories are recycled.

      (P.A. 90-281, S. 7; P.A. 97-102, S. 2.)

      History: P.A. 97-102 modified the requirements for recycling plans of directory publishers and provided for different recycling requirements based on the extent to which the directory meets certain recycled content standards.