Substitute House Bill No. 5095
          Substitute House Bill No. 5095

              PUBLIC ACT NO. 98-216


AN ACT CONCERNING  THE  LOCATION  OF  CREMATORIES,
PUBLIC NOTICE OF  CERTAIN  PERMIT  APPLICATIONS TO
THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE
SITING OF ASPHALT BATCHING AND MIX FACILITIES.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. Subsection  (a)  of section 19a-320
of  the  general  statutes  is  repealed  and  the
following is substituted in lieu thereof:
    (a)  Any  resident   of  this  state,  or  any
corporation formed under  the  law  of this state,
may erect, maintain  and  conduct  a  crematory in
this state and  provide  the  necessary appliances
and facilities for the disposal by incineration of
the bodies of  the  dead,  in  accordance with the
provisions of this  section.  The location of such
crematory  shall be  within  the  confines  of  an
established  cemetery  containing  not  less  than
twenty acres, which  cemetery  shall  have been in
existence and operation  for  at  least five years
immediately preceding the  time of the erection of
such crematory, or shall be within the confines of
a plot of  land  approved  for  the  location of a
crematory by the  selectmen of any town, the mayor
and council or  board  of aldermen of any city and
the warden and burgesses of any borough; provided,
in any town,  city  or  borough  having  a  zoning
commission,  such  commission   shall   have   the
authority to grant such approval. ON AND AFTER THE
EFFECTIVE DATE OF  THIS ACT, NO CREMATORY WHICH IS
NOT OPERATING ON  THE  EFFECTIVE  DATE OF THIS ACT
SHALL BE LOCATED  WITHIN  FIVE HUNDRED FEET OF ANY
RESIDENTIAL STRUCTURE OR LAND USED FOR RESIDENTIAL
PURPOSES NOT OWNED BY THE OWNER OF THE CREMATORY.
    Sec. 2. Section 22a-6l of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    The Commissioner of  Environmental  Protection
may require any  applicant  for a permit issued by
the commissioner pursuant to any provision of this
title to provide notice of such permit application
by posting notice of the application in accordance
with  this  section.  Such  notice  shall  not  be
required  for  a   permit   for  a  transportation
project,  a  permit   for  the  burning  of  brush
pursuant to subsection  (f) of section 22a-174, or
a permit for  any  open burning conducted pursuant
to authorized fire  fighting  training by any fire
department. The applicant shall erect and maintain
in a legible  condition  a  sign not less than six
feet by four feet upon the site where the activity
which is the  subject of the permit application is
located or proposed  to  be  located,  which  sign
shall be clearly  visible  from the public highway
and which sign  shall  be  erected  not later than
three days after  the date the applicant receives,
by certified mail, written notice to the applicant
that notice under  this  section  is required. The
sign  shall  include   the  words  "Department  of
Environmental  Protection. Permit  Applicant.  For
further information contact:"  and  a phone number
for an office from which any interested person may
obtain  a copy  of  the  subject  application  and
information  regarding the  procedure  for  making
comment on the  application.  The  sign  shall  be
maintained for a period of one hundred twenty days
or  until  the  date  on  which  the  commissioner
publishes notice of his tentative determination on
the  application,  whichever   is   earlier.   Any
applicant required to  post  notice  in accordance
with this section shall submit to the commissioner
a written certification, under oath, of compliance
with the requirements of this section provided the
commissioner may require  any  additional proof of
such compliance. Such  certification shall be on a
form  specified by  the  commissioner.  SUCH  FORM
SHALL INCLUDE CERTIFICATION  THAT  NOTICE  OF SUCH
APPLICATION  HAS  ALSO   BEEN   FILED  WITH  LOCAL
MUNICIPAL OFFICIALS, INCLUDING,  BUT  NOT  LIMITED
TO,   THE  CHIEF   EXECUTIVE   OFFICIAL   OF   THE
MUNICIPALITY WITHIN WHICH  THE  SITE  OR  PROPOSED
SITE IS LOCATED, THE BUILDING OFFICIAL, THE ZONING
ENFORCEMENT OFFICIALS, LOCAL HEALTH OFFICIALS, AND
ANY LOCAL ENVIRONMENTAL  COMMISSION, COMMITTEE, OR
OFFICIALS. The commissioner  shall  not process an
application until the  applicant  has submitted to
the  commissioner the  certification  required  by
this section. If  the commissioner determines that
posting notice in  accordance  with  this  section
will  not  adequately   apprise   the  public  and
abutting landowners of  the proposed activity, the
commissioner may require any other reasonable form
of notice he deems necessary.
    Sec.  3.  Section   22a-183   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    (a) Any person  who  owns  or is in control of
any  plant,  building,   structure,   process   or
equipment may apply  to  the  commissioner  for  a
permit granting an  exemption or partial exemption
from regulations issued  pursuant  to this chapter
governing the quality,  nature, duration or extent
of discharges of  air  pollutants. The application
shall be accompanied  by,  or  the applicant shall
furnish,  such  information   and   data   as  the
commissioner  may require.  The  commissioner  may
grant such permit  if he finds that the discharges
occurring or proposed to occur do not constitute a
danger to public  health or safety, and compliance
with  the  regulations  from  which  exemption  is
sought   would   produce   SUBSTANTIAL   practical
difficulty or hardship  without  equal  or greater
benefits to the public.
    (b) No permit  shall  be  granted  pursuant to
this section (1)  except  after  A  public hearing
HELD by the  commissioner,  [and]  (2)  until  the
commissioner has considered the relative interests
of the applicant,  owners of other property likely
to be affected  by the discharges, and the general
public, as specified  in  section 22a-176, AND (3)
UNLESS THE COMMISSIONER HAS DETERMINED WHETHER THE
SOURCE,  EITHER  ALONE   OR  IN  COMBINATION  WITH
ANOTHER SOURCE, IF  GRANTED SUCH PERMIT, ENDANGERS
PUBLIC   HEALTH,  SAFETY   OR   WELFARE   OR   THE
ENVIRONMENT.
    (c) The exemption or partial exemption granted
by any permit pursuant to this section [may] SHALL
be limited in duration TO NO MORE THAN FIVE YEARS.
[in  the  discretion  of  the  commissioner.]  THE
COMMISSIONER OF ENVIRONMENTAL PROTECTION MAY, UPON
FURTHER  APPLICATION  PURSUANT  TO  THIS  SECTION,
GRANT FURTHER EXEMPTION  OR PARTIAL EXEMPTION FROM
THE REGULATIONS ADOPTED  UNDER  THIS  CHAPTER  FOR
ADDITIONAL PERIODS OF  NOT  MORE  THAN  FIVE YEARS
DURATION.
    (d) FOR ANY  APPLICATION  FOR  A  PERMIT UNDER
THIS CHAPTER PENDING  BEFORE  THE  COMMISSIONER ON
THE EFFECTIVE DATE  OF  THIS SECTION FOR WHICH THE
COMMISSIONER  HAS  NOT  PUBLISHED  NOTICE  OF  HIS
TENTATIVE DETERMINATION ON THE APPLICATION, IF THE
COMMISSIONER  DETERMINES  THAT  COMPLIANCE  BY  AN
APPLICANT WITH THE REQUIREMENTS OF SECTION 22a-6l,
AS AMENDED BY  SECTION 1 OF THIS ACT, IS NECESSARY
TO MORE ADEQUATELY  APPRISE THE PUBLIC OR ABUTTING
LANDOWNERS   OF   THE   PROPOSED   ACTIVITY,   THE
COMMISSIONER  MAY  REQUIRE  COMPLIANCE  WITH  SUCH
SECTION.
    Sec.  4.  (NEW)   No   asphalt   batching   or
continuous mix facility  shall  be  located  in an
area which is  less  than  one-third  of a mile in
linear distance from  any  hospital, nursing home,
school, area of  critical  environmental  concern,
watercourse,  or  area   occupied  by  residential
housing. Such distance  shall be measured from the
outermost  perimeter  of   such  facility  to  the
outermost point of  such  zones  provided that any
such facility in  operation  as  of  December  31,
1997, shall not  be  subject  to the provisions of
this section.
    Sec. 5. This  act  shall  take effect from its
passage, except that  section  1 shall take effect
October 1, 1998.

Approved June 1, 1998