Connecticut Seal

General Assembly

Amendment

 

February Session, 2016

LCO No. 4212

   
 

*SB0023004212SDO*

Offered by:

 

SEN. LOONEY, 11th Dist.

SEN. DUFF, 25th Dist.

SEN. COLEMAN, 2nd Dist.

SEN. DOYLE, 9th Dist.

SEN. SLOSSBERG, 14th Dist.

SEN. GERRATANA, 6th Dist.

SEN. KENNEDY, 12th Dist.

To: Senate Bill No. 230

File No. 265

Cal. No. 192

"AN ACT CONCERNING TECHNICAL AND CONFORMING REVISIONS TO ENVIRONMENT-RELATED STATUTES. "

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Section 22a-6g of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any person who submits an application to the Commissioner of Energy and Environmental Protection for any permit or other license pursuant to section 22a-32, 22a-39, 22a-174, 22a-208a, 22a-342, 22a-361, as amended by this act, 22a-368, 22a-403 or 22a-430, subsection (b) or (c) of section 22a-449, section 22a-454 or Section 401 of the federal Water Pollution Control Act (33 USC 466 et seq. ), except an application for authorization under a general permit shall: (1) Publish notice of such application in a newspaper of general circulation in the affected area; (2) notify the chief elected official of the municipality in which the regulated activity is proposed; and (3) include with such application a copy of such notice as it appeared in the newspaper and a signed statement certifying that the applicant notified the chief elected official of the municipality in which such regulated activity is proposed. Such notices shall include: (A) The name and mailing address of the applicant and the address of the location at which the proposed activity will take place; (B) the application number, if available; (C) the type of permit sought, including a reference to the applicable statute or regulation; (D) a description of the activity for which a permit is sought; (E) a description of the location of the proposed activity and any natural resources affected thereby; (F) the name, address and telephone number of any agent of the applicant from whom interested persons may obtain copies of the application; and (G) a statement that the application is available for inspection at the office of the Department of Energy and Environmental Protection. The commissioner shall not process an application until the applicant has submitted to the commissioner a copy of the notice and the signed statement required by this section. Any person who submits an application pursuant to section 22a-32 or 22a-361, as amended by this act, shall additionally mail such notice to any land owner of record for any property that is located five hundred feet or less from the property line of the property on which such proposed activity will occur. The provisions of this section shall not apply to discharges exempted from the notice requirement by the commissioner pursuant to subsection (b) of section 22a-430, to hazardous waste transporter permits issued pursuant to section 22a-454 or to special waste authorizations issued pursuant to section 22a-209 and regulations adopted thereunder.

(b) Notwithstanding any other provision of this title or any regulation adopted pursuant to this title, the following applications are exempt from the provisions of subsection (a) of this section: (1) An application for authorization under a general permit; (2) an application for a minor permit modification for sources permitted under Title V of the federal Clean Air Act Amendments of 1990 in accordance with 40 CFR 70. 7; and (3) an application for a minor permit modification or revision if the Commissioner of Energy and Environmental Protection has adopted regulations, in accordance with the provisions of chapter 54, establishing criteria to delineate applications for minor permit modifications or revisions from those applications subject to the requirements of subsection (a) of this section.

Sec. 502. Section 22a-361 of the 2016 supplement to the general statutes is amended by adding subsection (h) as follows (Effective from passage):

(NEW) (h) Notwithstanding any other provision of this section, the commissioner shall not issue a certificate or permit to authorize any dock or other structure in an area that was designated as inappropriate or unsuitable for such dock or other structure in a harbor management plan approved and adopted pursuant to section 22a-113m or in the establishment of a boundary pursuant to section 22a-360.

Sec. 503. Subsection (c) of section 22a-381e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) No person shall plant running bamboo or allow running bamboo to be planted on his or her property at a location that is forty feet or less from any abutting property or public right-of-way. Any person who violates the provisions of this subsection shall be fined one hundred dollars. In the case of a continuing violation, each day of continuance shall be deemed a separate and distinct offense until such time as such bamboo is removed. [or contained by a properly installed and constructed barrier system. ]"

This act shall take effect as follows and shall amend the following sections:

Sec. 501

from passage

22a-6g

Sec. 502

from passage

22a-361

Sec. 503

from passage

22a-381e(c)