Sec. 22a-220f. Unit-based pricing program for municipal solid waste disposal. Incentive program.
Sec. 22a-226e. Recycling of source-separated organic materials. Report.
Sec. 22a-241n. Solid waste reduction strategies. Program. Development and implementation.
Sec. 22a-255k. Certificates of compliance.
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 Energy and 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) Except as provided in section 22a-208cc, 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. For purposes of this section, “alter” does not include the addition of not more than seventy-five tons per day of mattresses and items designated by the commissioner for recycling pursuant to section 22a-241b and any regulation adopted pursuant to said section, except storage batteries and waste oil, provided the permitted storage capacity of such solid waste facility is not exceeded. The owner or operator of any such facility shall, not later than thirty days after adding such recyclable items, submit a written notification to the commissioner describing such addition. 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 Materials Innovation and Recycling 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.
(3) Notwithstanding any provision of this section, the receipt of not more than seventy-five tons per day of containerized food scrap, food processing residuals and soiled or unrecyclable paper and the storage of not more than one hundred fifty cubic yards of containerized food scrap, food processing residuals and soiled or unrecyclable paper at a facility permitted under this subsection shall not require a modification to any permit issued pursuant to this section. The receipt of such food scraps, food processing residuals and soiled or unrecyclable paper shall occur within a fully enclosed building, and such scraps, materials and paper shall remain containerized, except while being transferred, and shall be managed to control odor, leachate and attraction of vectors. The owner or operator of any such facility shall, not later than thirty days after adding such items for receipt by such facility, submit a written notification to the Commissioner of Energy and Environmental Protection describing such addition.
(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 Energy and 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 Energy and 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-wide 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; P.A. 11-80, S. 1; P.A. 14-94, S. 1, 16, 69; P.A. 19-35, S. 16; P.A. 21-16, S. 5.)
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; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; P.A. 14-94 amended Subsec. (d)(1) by adding provisions re addition excluded from term “alter” and re notification to commissioner describing addition, and amended Subsec. (j) by replacing reference to state solid waste management plan with reference to state-wide solid waste management plan, effective June 6, 2014; pursuant to P.A. 14-94, “Connecticut Resources Recovery Authority” was changed editorially by the Revisors to “Materials Innovation and Recycling Authority” in Subsec. (d)(2), effective June 6, 2014; P.A. 19-35 amended Subsec. (b) by adding “Except as provided in section 22a-208cc,” and making a technical change, effective June 28, 2019; P.A. 21-16 amended Subsec. (d) by adding Subdiv. (3) re provisions re receipt of not more than 75 tons per day of containerized food scrap, food processing residuals and soiled or unrecyclable paper and storage of not more than 150 cubic yards of such material at permitted facility.
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Sec. 22a-208cc. Certain anaerobic digestion facilities operating without certain permits. Regulations. (a) For the purposes of this section:
(1) “Farm-generated organic waste” means waste associated with animal feeding operations including, but not limited to, animal bedding, manure, urine, silage, leachate, wastewaters associated with egg or dairy production, animal feed waste and barnyard runoff; and
(2) “Animal feeding operation” means a lot or facility on a farm, other than an aquatic animal production facility, where animals have been, are currently, or will be stabled or confined and fed or maintained for a total of forty-five days or more in any twelve-month period and where crops, vegetation, forage growth or post-harvest residues are not sustained in the normal growing season over any portion of such lot or facility.
(b) An anaerobic digestion facility shall not be required to obtain a permit to construct and operate pursuant to section 22a-208a if such facility is collocated with an animal feeding operation conducted on land used for the purpose of farming, as defined in section 1-1, and such animal feeding operation maintains a comprehensive nutrient management plan, as developed by the Natural Resources Conservation Service of the United States Department of Agriculture:
(1) The feed stock for such anaerobic digestion facility is at least fifty per cent by volume farm-generated organic waste from an animal feeding operation and not more than forty per cent by volume food scraps, food processing residuals and soiled or unrecyclable paper;
(2) The discharge of such anaerobic digestion facility that is not energy end products shall be beneficially used in accordance with the following: (A) The solid material end products are used for (i) animal bedding, (ii) soil or soil amendment, (iii) fertilizer, or (iv) other value-added products; and (B) the liquid material end products are used as fertilizer. Any land application in the state of any such discharge, including, but not limited to, phosphorus, shall be applied at an agronomic rate that is consistent with the nutrient management plan of the farm on which such anaerobic digestion facility is located; and
(3) Annually, on or before July thirty-first of each year, each animal feeding operation, that is collocated with an anaerobic digestion facility that is operating pursuant to this section without the permit that would otherwise be required pursuant to section 22a-208a, shall submit to the Commissioner of Energy and Environmental Protection, in a form prescribed by the commissioner, the amount of farm-generated organic waste that is processed by such anaerobic digestion facility and shall indicate the amount of waste processed from such animal feeding operation and from other sources.
(c) The Commissioner of Agriculture may inspect anaerobic digestion facilities that are operating pursuant to this section without the permit that would otherwise be required pursuant to section 22a-208a to ensure that such anaerobic digestion facilities are in compliance with subdivision (1) of subsection (b) of this section. If, in the course of conducting such inspection, the commissioner finds that any such facilities are not in compliance with such subdivision, the commissioner shall report such findings to the Commissioner of Energy and Environmental Protection.
(d) If the Commissioner of Energy and Environmental Protection determines that (1) an anaerobic digestion facility that is operating pursuant to this section without the permit that would otherwise be required pursuant to section 22a-208a is not collocated with the operation of an animal feeding operation conducted on land used for the purpose of farming, or (2) such anaerobic digestion facility is not in compliance with the requirements of subdivision (1) of subsection (b) of this section, the operator of such anaerobic digestion facility shall apply for a permit from the commissioner pursuant to section 22a-208a not later than five days after receiving notice of the commissioner's determination pursuant to this subsection. Any such permit application submitted pursuant to this subsection shall be approved or denied by the commissioner not later than one hundred eighty days after receipt of such application. If such application for a permit pursuant to section 22a-208a is denied, such anaerobic digestion facility shall close not later than five days after receiving notice of such denial.
(e) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of this section.
(f) Notwithstanding any provision of the general statutes, any permit application submitted pursuant to section 22a-208a for such an anaerobic digestion facility that is not collocated with such an animal feeding operation but that is located on land used for the purpose of farming, as defined in section 1-1, shall be preapproved or predenied by the commissioner not later than one hundred eighty days after receipt by the commissioner concerning all matters that are entirely within the discretion or determination of the commissioner.
(P.A. 19-35, S. 15; P.A. 21-16, S. 1.)
History: P.A. 19-35 effective June 28, 2019; P.A. 21-16 amended Subsec. (b) by adding provision re comprehensive nutrient management plan, and changing food scrap volume from not more than 5 per cent to not more than 40 per cent in Subdiv. (1), amended Subsec. (d) by replacing provision re 5 per cent food scraps volume, food processing residuals and soiled or unrecyclable paper with provision re not in compliance with Subsec. (b)(1), and adding provision re permit application approval or denial by commissioner not later than 180 days after receipt of application, and added Subsec. (f) re preapproval or predenial by commissioner not later than 180 days after receipt of application for facility not collocated with animal feeding operation, effective May 26, 2021.
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Sec. 22a-209f. Beneficial use of solid waste. General permit. Individual authorization. Beneficial use of beneficially reclaimed materials. Pilot program. Guidelines. Applications. Suspension or revocation of authorization. (a) The Commissioner of Energy and 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 Energy and 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 Energy and 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 Energy and 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 Energy and 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.
(c) (1) For purposes of this subsection: (A) “Beneficially reclaimed materials” means any of the following materials that may contain de minimis amounts of solid waste that is present incidentally in such materials, including any mixture of the following materials:
(i) Soil or dewatered sediment that does not exceed the criteria established by regulations adopted pursuant to section 22a-133k, including, but not limited to, criteria for any additional polluting substances for which criteria are not specified in such regulations;
(ii) Asphalt, brick, concrete or ceramic material, provided such material is virtually inert and poses no threat to pollute any groundwater or surface waters;
(iii) Casting sand;
(iv) Crushed recycled glass; or
(v) Street sweepings or catch basin clean-out materials.
“Beneficially reclaimed materials” does not include materials that contain any asbestos, polychlorinated biphenyls, persistent bioaccumulative toxins, hazardous waste or, unless approved by the commissioner in writing, pyrrhotite-containing concrete;
(B) “Soil” means unconsolidated geologic material overlying bedrock;
(C) “Dewatered sediment” means unconsolidated material occurring in a surface water body, with water removed;
(D) “Casting sand” means waste sand from the casting of metals, provided such sand is not hazardous waste;
(E) “Crushed recycled glass” has the same meaning as provided in section 22a-208z;
(F) “Hazardous waste” has the same meaning as provided in section 22a-448;
(G) “Persistent bioaccumulative toxins” means long-lived chemicals that accumulate in the tissues of humans and that are toxic; and
(H) “Aquifer protection area” has the same meaning as provided in section 22a-354h.
(2) (A) The Commissioner of Energy and Environmental Protection may establish a pilot program for the beneficial use of beneficially reclaimed materials. The primary purpose of such program shall be to allow beneficially reclaimed materials to be used as fill when there is an engineering need for fill materials and to facilitate the reclamation or redevelopment of environmentally impaired or underutilized land.
(B) To implement the pilot program established pursuant to this subsection, the commissioner may issue no more than four authorizations, provided: (i) Such authorization does not allow an activity for which an individual or general permit has been issued; (ii) such authorization is not inconsistent with the requirements of the federal Resource Conservation and Recovery Act, 42 USC 6901 et seq.; (iii) such authorization is for single locations only and provides for not less than one hundred thousand cubic yards of beneficially reclaimed materials to be used as fill at such location; (iv) that prior to the submission of an application for authorization in accordance with this subsection, each municipality in which beneficially reclaimed materials will be used as fill has issued all the necessary approvals specified in subdivision (4) of this subsection; and (v) the commissioner finds that the beneficial use of beneficially reclaimed materials does not harm or present a threat to human health, safety or the environment.
(3) The commissioner may establish guidelines protective of public health, safety and the environment for such authorizations and for a letter of credit provided in accordance with this subsection and shall give public notice on the Department of Energy and Environmental Protection's Internet web site of such guidelines, or any subsequent revision of such guidelines, with an opportunity for submission of written comments by interested persons for a period of thirty days following the publication of such notice. The commissioner shall post a response to any comments received on the Department of Energy and Environmental Protection's Internet web site. At a minimum, any such guidelines shall contain a preference for use of environmentally impaired or underutilized locations, provided that any location for which an authorization is issued under this subsection shall:
(A) Be in an area (i) where the quality of the groundwaters of the state, as classified in regulations adopted pursuant to section 22a-426, and the classification maps adopted pursuant to said section, is either “GB” or “GC”, and (ii) that is served by a public drinking water supply;
(B) Not be in an aquifer protection area; and
(C) Be operated in compliance with sections 22a-426-1 to 22a-426-9, inclusive, of the regulations of Connecticut state agencies and not adversely affect sensitive receptors or resources, including, but not limited to, public or private water supply wells, wetlands, floodplains, or threatened or endangered species.
(4) Prior to the submission of an application for authorization in accordance with this subsection, an applicant shall: (A) Obtain a valid certificate of zoning approval, special permit, special exception or variance, or other documentation, from each municipality in which beneficially reclaimed materials will be used as fill; (B) obtain a copy of wetlands, aquifer protection, coastal site plan and any other required approval from each municipality; and (C) comply with the process specified in subsection (b) of section 22a-20a, regardless of whether the location where beneficially reclaimed materials will be used as fill is located in an environmental justice community;
(5) An application for authorization pursuant to this subsection shall be submitted on forms prescribed by the commissioner and shall include, at a minimum, the following information: (A) A plan for ensuring that only beneficially reclaimed materials that satisfy the requirements of this subsection are used as fill and a description of acceptability criteria for the beneficially reclaimed materials proposed for beneficial use at the subject location; (B) a plan describing the process for placing and recording the placement of beneficially reclaimed materials; (C) a plan for monitoring the waters of the state during the filling process and for a period of not less than thirty years after filling is complete; (D) a proposed letter of credit that conforms to the guidelines established by the commissioner pursuant to subdivision (3) of this subsection and the basis for the cost estimate used in such proposed letter of credit; (E) the qualifications of the environmental professionals intended to exercise oversight of all aspects of the proposed activities; (F) a redevelopment plan for the location where beneficially reclaimed materials will be placed, including engineering plans and drawings in support of such redevelopment; (G) a list of each municipal approval required for the proposed placement of beneficially reclaimed materials and a written copy of each such approval; and (H) any additional information required by the commissioner. Any such application shall be accompanied by a nonrefundable application fee of twenty-five thousand dollars.
(6) Notwithstanding section 22a-208a or any regulations adopted pursuant to section 22a-209, the issuance of an authorization under this subsection, or a modification of an authorization under this subsection when such modification is sought by the holder of an authorization, shall conform to the following procedures: (A) The Commissioner of Energy and Environmental Protection shall publish a notice of intent to issue an authorization on the Department of Energy and Environmental Protection's Internet web site. Such notice shall, at a minimum, 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 provision of the general statutes or regulations of Connecticut state agencies; (v) a description of the location of the proposed activity and any natural resources that will be affected by such activity; (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) any other additional information the commissioner deems necessary. There shall be a comment period of thirty days following the publication of such notice by the commissioner 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 Energy and Environmental Protection's Internet web site; and (C) the commissioner may approve or deny such authorization based upon a review of the submitted information. Any authorization issued pursuant to this subsection 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, investigation or remediation of a location prior to placement of beneficially reclaimed materials, operation and maintenance requirements, best management practices, qualifications and requirements for environmental professional exercising oversight, groundwater monitoring, compliance with fill management, closure, redevelopment or other plans, reporting and recordkeeping requirements, auditing by an independent party and a specified term. The commissioner shall require the posting of a letter of credit to assure compliance with any authorization issued under this subsection, including, but not limited to, implementation of a closure plan and post-closure maintenance and monitoring.
(7) The commissioner may suspend or revoke any such 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.
(8) Unless required by the federal Clean Water Act, a discharge permit under section 22a-430 shall not be required for a discharge authorized under this subsection. In addition, the soil reuse provisions of the state remediation standards, adopted pursuant to section 22a-133k, shall not apply to an activity authorized under this subsection.
(P.A. 96-80, S. 1; P.A. 09-211, S. 1; P.A. 11-80, S. 1; P.A. 21-88, 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; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; P.A. 21-88 added Subsec. (c) re pilot program for beneficial use of beneficially reclaimed materials.
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Sec. 22a-220f. Unit-based pricing program for municipal solid waste disposal. Incentive program. Not later than July 1, 2022, the Commissioner of Energy and Environmental Protection shall develop an incentive program to assist municipalities that wish to adopt a unit-based pricing program for solid waste disposal in such municipality. The commissioner shall identify funding sources to be utilized in providing such incentives to municipalities.
(P.A. 21-58, S. 6.)
History: P.A. 21-58 effective July 1, 2021.
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Sec. 22a-226e. Recycling of source-separated organic materials. Report. (a)(1) On and after January 1, 2014, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center that is located not more than twenty miles from an authorized source-separated organic material composting facility and that generates an average projected volume of not less than one hundred four tons per year of source-separated organic materials shall: (A) Separate such source-separated organic materials from other solid waste; and (B) ensure that such source-separated organic materials are recycled at any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material.
(2) On and after January 1, 2020, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center that is located not more than twenty miles from an authorized source-separated organic material composting facility and that generates an average projected volume of not less than fifty-two tons per year of source-separated organic materials shall: (A) Separate such source-separated organic materials from other solid waste; and (B) ensure that such source-separated organic materials are recycled at any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material.
(3) On and after January 1, 2022, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center that is located not more than twenty miles from an authorized source-separated organic material composting facility and that generates an average projected volume of not less than twenty-six tons per year of source-separated organic materials shall: (A) Separate such source-separated organic materials from other solid waste; and (B) ensure that such source-separated organic materials are recycled at any authorized source-separated organic material composting facility that has available capacity and that will accept such source-separated organic material.
(b) Any such wholesaler, distributor, manufacturer, processor, supermarket, resort or conference center that performs composting of source-separated organic materials on site or treats source-separated organic materials via on-site organic treatment equipment permitted pursuant to the general statutes or federal law shall be deemed in compliance with the provisions of this section.
(c) Any permitted source-separated organic material composting facility that receives such source-separated organic materials shall report to the Commissioner of Energy and Environmental Protection, as part of such facility's reporting obligations, a summary of fees charged for receipt of such source-separated organic materials.
(d) Not later than January 1, 2022, the Commissioner of Energy and Environmental Protection shall establish a voluntary pilot program for any municipality that seeks to separate source-separated organic materials and ensure that such source-separated organic materials are recycled at authorized source-separated organic material composting facilities that have available capacity and that will accept such source-separated organic material.
(P.A. 11-80, S. 1; 11-217, S. 3; P.A. 13-285, S. 4; P.A. 21-16, S. 2.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 13-285 amended Subsec. (a) by replacing provision re separation of source-separated organic materials not later than 6 months after establishment of 2 or more source-separated organic material composting facilities in the state with “(1) On and after January 1, 2014”, adding provision re source located not more than 20 miles from an authorized source-separated organic material composting facility, adding provision re authorized facility having available capacity that will accept source-separated organic material, adding Subdiv. (2) re organic material separating and recycling requirements applicable on and after January 1, 2020, and making conforming changes; P.A. 21-16 amended Subsec. (a) by adding Subdiv. (3) re organic material separating and recycling requirements applicable on and after January 1, 2022, and added Subsec. (d) re establishment of voluntary pilot program for any municipality seeking to separate and recycle source-separated organic materials.
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Sec. 22a-226f. Municipal aerated static pile composting facilities. Commercial entity and school system diversion of source-separated organic materials. Reach out and education effort. Report. The Commissioner of Energy and Environmental Protection shall engage in a reach out and education effort to: (1) Municipalities concerning the ability of each municipality to establish an aerated static pile composting facility in such municipality for the purpose of diverting food waste from such municipality's solid waste stream, and (2) commercial entities and school systems concerning the ability of such entities and systems to divert source-separated organic materials to facilities, as provided for in section 22a-226e. Such effort concerning municipalities shall explain the potential fiscal and environmental benefits of such a facility for each municipality and the requisite permit application and procedures. Not later than February 1, 2022, the commissioner, in accordance with section 11-4a, shall submit a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment detailing such efforts to date, including, but not limited to, responses from such municipalities, entities and school systems and any efforts by such municipalities to establish such composting facilities as a result of such reach out efforts.
(P.A. 21-16, S. 3.)
History: P.A. 21-16 effective May 26, 2021.
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Sec. 22a-226g. Specifications for production, quality and use of compost from source-separated organic materials and mixed municipal solid waste. Regulations. The Commissioner of Energy and Environmental Protection, in consultation with the Commissioner of Agriculture, the Connecticut Agricultural Experiment Station, The University of Connecticut Extension Service and the Department of Public Health, may adopt regulations, in accordance with the provisions of chapter 54, to provide specifications for the production, quality and use of compost made from source-separated organic materials and mixed municipal solid waste. Such regulations shall contain provisions that: (1) Promote composting processes, (2) provide a clean, high-quality, nontoxic and marketable end product, (3) 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 such product application, (4) provide for maximum allowable levels of toxic contaminants and other contaminants in the composting product, (5) include testing criteria for such contaminants, (6) establish not less than two classes of compost made from source-separated organic materials and mixed municipal solid waste, as follows: (A) Class I compost made only from compostable source-separated organic materials, such as food waste, grass clippings and yard waste, that were separated from municipal solid waste at the source of generation, and (B) Class II compost made from mixed municipal solid waste that contains compostable organic materials that were not separated at the source of generation, (7) establish the maximum allowable contaminant levels for Class I compost at a level that will allow unrestricted use of such compost, and (8) prohibit the use of Class II compost for agricultural or horticultural purposes unless such Class II compost meets the maximum allowable contaminant levels established for Class I compost, as determined by the testing criteria established pursuant to subdivision (5) of this section.
(P.A. 21-16, S. 4.)
History: P.A. 21-6 effective May 26, 2021.
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Sec. 22a-241n. Solid waste reduction strategies. Program. Development and implementation. The Commissioner of Energy and Environmental Protection, within available resources, shall develop and implement a program to support solid waste reduction strategies that are consistent with the Comprehensive Materials Management Strategy, developed pursuant to section 22a-241a. Such waste reduction strategies may include, but shall not be limited to, solid waste diversion, unit-based pricing, organic materials diversion and reuse and recycling strategies.
(June Sp. Sess. P.A. 21-2, S. 288.)
History: June Sp. Sess. P.A. 21-2 effective July 1, 2021.
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Sec. 22a-243. *(See end of section for amended version and effective date.) (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.)
*Note: On and after January 1, 2023, this section, as amended by section 1 of public act 21-58, is to read as follows:
“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, hard seltzer, hard cider and mineral waters, soda water and similar carbonated soft drinks in liquid form and intended for human consumption;
(2) “Noncarbonated beverage” means any water, including flavored water, plant water, nutritionally enhanced water, juice, juice drink, tea, coffee, kombucha, plant infused drink, sports drink or energy drink 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, juice, tea, coffee, kombucha, plant infused drink, sports drink or energy drink but excluding mineral water;
(3) “Beverage container” means the individual, separate, sealed glass, metal or plastic bottle, can, jar or carton containing three liters or less of a carbonated beverage, or two and one-half liters or less of a noncarbonated beverage. “Beverage container” does not include any such bottle, can, jar or carton that contains less than one hundred fifty milliliters of any such carbonated or noncarbonated beverage;
(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;
(12) “Deposit initiator” means the first distributor to collect the deposit on a beverage container sold to any person within this state; and
(13) “Reverse vending machine” means a mechanical device that accepts used beverage containers from consumers and provides a means of refunding the refund value for such beverage container to the user of such device.”
(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; P.A. 21-58, S. 1.)
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; P.A. 21-58 redefined “carbonated beverage” in Subdiv. (1), “noncarbonated beverage” in Subdiv. (2) and “beverage container” in Subdiv. (3), and added definition of “reverse vending machine” as Subdiv. (13), effective January 1, 2023.
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Sec. 22a-244. *(See end of section for amended version and effective date.) (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 Energy and 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; P.A. 11-80, S. 1.)
*Note: On and after January 1, 2024, this section, as amended by section 2 of public act 21-58, is to read as follows:
“Sec. 22a-244. (Formerly Sec. 22a-78). Beverage containers: Refund value; exceptions; labeling and design requirements. Universal Product Code and barcode requirement. (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 ten 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 ten 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 Energy and 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.
(d) On and after January 1, 2024, each beverage container sold or offered for sale in this state that has a refund value pursuant to subsection (a) of this section, shall include a Universal Product Code and barcode. Each deposit initiator shall provide such Universal Product Code and barcode, with packaging information, to the reverse vending machine system administrators and other system operators, not less than thirty days prior to placement of any such beverage container on the market.”
(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; P.A. 11-80, S. 1; P.A. 21-58, S. 2.)
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; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (b)(1), effective July 1, 2011; P.A. 21-58 amended Subsec. (a) by increasing refund value from 5 cents to 10 cents and adding Subsec. (d) re Universal Product Code and barcode requirement, effective January 1, 2024.
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Sec. 22a-244a. In-state processing of wine and liquor beverage containers for cullet or by-product. Memorandum of agreement. The Department of Energy and Environmental Protection shall develop the terms for a memorandum of agreement that provides, by January 1, 2023, for the in-state processing of not less than eighty per cent of the wine and liquor beverage containers sold in this state into furnace-ready cullet or by-product that is melted or otherwise used in cement, glass or fiberglass products. In developing such terms, the department shall identify the requisite parties to such an agreement and engage such parties in ongoing discussions concerning the establishment of systems and methods, pursuant to such an agreement, for the cost-effective and consumer-oriented state-wide collection of such containers that will yield sufficiently clean and acceptable containers for the owner or operator of any such facility to be used in producing such cullet or by-product. Such memorandum of agreement shall include, but not be limited to, provisions that delineate and assign responsibility among the parties for: (1) Establishing and implementing such collection systems and methods, (2) transporting collected containers to any such facility, (3) properly recycling and managing any containers not accepted by any such facility, (4) executing any financial obligations among the parties pursuant to such agreement, (5) recordkeeping of volume, tonnage and categories of containers processed, annually, pursuant to such agreement, and (6) auditing costs, efficiencies and benefits of such agreement. Not later than January 15, 2022, the Commissioner of Energy and Environmental Protection shall submit a draft of such memorandum of agreement to the joint standing committee of the General Assembly having cognizance of matters relating to the environment.
(P.A. 21-58, S. 8.)
History: P.A. 21-58 effective June 16, 2021.
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Sec. 22a-244b. Nips. Five-cent surcharge. Payment by retailer. Payment by wholesaler to municipality. Use of payments by municipalities. (a) Notwithstanding any provision of the general statutes, on and after October 1, 2021, any beverage container containing a spirit or liquor of fifty milliliters or less shall be assessed a five-cent surcharge by the wholesaler of such beverage container to the retailer of such beverage container and by the retailer of such beverage container to the consumer of such beverage container. Any surcharge transaction described in this section shall be distinct and clearly identify the surcharge from the price of such beverage container and shall not be subject to any sales tax or treated as income pursuant to any provision of the general statutes.
(b) The payment of said surcharge by a retailer shall be a debt of a retailer upon purchase from any such wholesaler and shall be subject to all posting requirements in the event of delinquency.
(c) On April 1, 2022, and every six months thereafter, payment shall be remitted by each wholesaler to every municipality where any such beverage container was sold during the preceding six-month period by such wholesaler. Such payment shall be at the rate of five cents for every such beverage container sold within such municipality by such wholesaler. Concomitant with any payment made by a wholesaler to a municipality pursuant to this subsection, such wholesaler shall file a report with the Department of Revenue Services and the Department of Consumer Protection's Liquor Control Division, detailing the number of such beverage containers sold in each municipality by such wholesaler in the preceding six-month period.
(d) All payments received by any municipality pursuant to the provisions of subsection (c) of this section shall be expended by such municipality on environmental measures intended to reduce the generation of solid waste in such municipality or reduce the impact of litter caused by such solid waste, including, but not limited to, the hiring of a recycling coordinator, the installation of storm drain filters designed to block solid waste and beverage container debris or the purchase of a mechanical street sweeper, vacuum or broom that removes litter, including, but not limited to, such beverage containers and other debris from streets, sidewalks and abutting lawn and turf areas.
(P.A. 21-58, S. 10.)
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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 two and one-half cents for each container of beer, hard seltzer, hard cider or other malt beverage and three and one-half 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 Energy and 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 reverse vending machines, the use of vending machines that reimburse consumers for the redemption value 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; P.A. 11-80, S. 1; P.A. 21-58, S. 3.)
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; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (e), effective July 1, 2011; P.A. 21-58 amended Subsec. (d) by increasing handling fee from 1.5 cents to 2.5 cents for each container of beer and adding “, hard seltzer, hard cider”, and increasing handling fee from 2 cents to 3.5 cents for each beverage container, and amended Subsec. (e) by changing “automatic vending machines” to “automatic reverse vending machines” and “dispense cash to consumers for redemption” to “reimburse consumers for the redemption value”.
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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 Energy and 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 of Revenue Services, and with such information as the Commissioner of Revenue Services 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 Energy and 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 Energy and 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, for the fiscal year ending June 30, 2023, ninety-five per cent of 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 of Revenue Services for deposit in the General Fund, for the fiscal year ending June 30, 2024, sixty-five per cent of 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 of Revenue Services for deposit in the General Fund, for the fiscal year ending June 30, 2025, fifty-five per cent of 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 of Revenue Services for deposit in the General Fund and for the fiscal year ending June 30, 2026, and each subsequent fiscal year thereafter, forty-five per cent of 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 of Revenue Services 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 of Revenue Services, 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 of Revenue Services deems appropriate.
(g) The Attorney General may, independently or upon complaint of the Commissioner of Energy and 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 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 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 Energy and 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; P.A. 11-59, S. 5–9; 11-80, S. 1; P.A. 21-58, S. 4.)
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; P.A. 11-59 made technical changes in Subsecs. (b), (c), (d), (f) and (h), effective July 1, 2011; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; P.A. 21-58 amended Subsec. (d)(2) by adding provision re each deposit initiator paying 95 per cent of balance outstanding in special account for deposit in General Fund for fiscal year ending June 30, 2023, 65 per cent of such balance for fiscal year ending June 30, 2024, 55 per cent of such balance for fiscal year ending June 30, 2025, and 45 per cent of such balance for fiscal year ending June 30, 2026, and for each subsequent fiscal year, effective July 1, 2021.
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Sec. 22a-245b. Exemption for small manufacturers re beverage containers containing noncarbonated beverages and who bottle and sell 100,000 gallons or less of juice in beverage container each year. Application. Approval. Any manufacturer who bottles and sells: (1) Two hundred fifty thousand or fewer beverage containers containing a noncarbonated beverage that are twenty ounces or less in size each calendar year, or (2) one hundred thousand gallons or less of juice in beverage containers each calendar year, may apply to the Commissioner of Energy and 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 or with regard to such one hundred thousand gallons or less of juice in beverage containers. Such application shall be accompanied by a sworn affidavit signed by such manufacturer or such manufacturer's authorized agent certifying such manufacturer bottles and sells two hundred fifty thousand or fewer of such beverage containers per calendar year or bottles and sells one hundred thousand gallons or less of juice in 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 or such manufacturer's authorized agent 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; P.A. 11-80, S. 1; 11-161, S. 1; P.A. 21-58, S. 5.)
History: P.A. 09-2 effective March 3, 2009; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 11-161 added provisions authorizing signing of sworn affidavit and application for exemption by manufacturer's authorized agent, effective July 13, 2011; P.A. 21-58 added Subdiv. (1) designator and Subdiv. (2) re any manufacturer who bottles and sells 100,000 gallons or less of juice in beverage containers each calendar year and made conforming changes, effective July 1, 2021.
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Sec. 22a-245e. Reverse vending machine installation and maintenance. Dealer requirement. Exemptions. Violation. Fine. Civil penalty. (a) On and after October 1, 2021, any dealer, as defined in section 22a-243, whose place of business is part of a chain engaged in the same general field of business that operates ten or more units in this state under common ownership and whose business has not less than seven thousand square feet devoted to the display of merchandise for sale to the public shall install and maintain not less than two reverse vending machines, as defined in section 22a-243, at such dealer's place of business.
(b) The requirements of subsection (a) of this section to install and maintain reverse vending machines shall not apply to any dealer that: (1) Sells only beverage containers, as defined in section 22a-243, of twenty ounces or less where such beverage containers are packaged in quantities fewer than six; (2) sells beverage containers and devotes no more than five per cent of the dealer's floor space to the display and sale of consumer products; or (3) obtains a waiver from the Commissioner of Energy and Environmental Protection authorizing dealers to provide consumers with an alternative technology that: (A) Determines if the beverage container is redeemable, (B) provides protections against fraud through a system that validates each beverage container redeemed by reading the universal product code and, except with respect to refillable containers, renders the beverage container unredeemable, (C) accumulates information regarding beverage containers redeemed, and (D) issues legal tender, or a scrip, receipt or other form of credit for the refund value, that can be exchanged for legal tender for a period of not less than sixty days without requiring the purchase of other goods. If such alternative technology does not allow consumers to immediately obtain the refund value of the redeemed beverage container, a dealer shall be permitted to deploy such alternative technology only if such dealer also offers an alternative that allows consumers to conveniently and immediately obtain such refund value through a reverse vending machine or other alternative method.
(c) For any dealer exempt from the provisions of subsection (a) of this section and whose place of business is not less than forty thousand square feet but does not utilize reverse vending machines to process empty beverage containers for redemption shall: (1) Establish and maintain a dedicated area within such business to accept beverage containers for redemption; (2) adequately staff such area to facilitate efficient acceptance and processing of such containers during business hours; and (3) post one or more conspicuous signs at each public entrance to the business that describes where in the business the redemption area is located.
(d) Any dealer who violates the provisions of this section shall be fined not more than one thousand dollars, and an additional civil penalty of not more than one thousand dollars for each day during which each such violation continues. Any such civil penalty may be assessed by the Commissioner of Energy and Environmental Protection following a hearing held in accordance with chapter 54.
(P.A. 21-58, S. 7.)
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Sec. 22a-246b. Beverage container stewardship organization. Authority. Requirements. State-wide beverage container stewardship program. Plan. Recommendations concerning plan. (a) The Commissioner of Energy and Environmental Protection shall approve the formation of a beverage container stewardship organization constituted by deposit initiators if such organization submits an application to the commissioner that demonstrates such organization meets the following criteria: (1) The organization is established and operated as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time, and is exempt from taxation under said section, (2) the governing board of such organization consists of deposit initiators that represent the range of beverages and beverage container materials subject to the state's beverage container redemption program, and (3) such organization demonstrates that it has adequate financial responsibility and financial controls in place, including fraud prevention measures and an audit schedule, to ensure proper management of funds.
(b) All deposit initiators shall register with and join any beverage container stewardship organization approved pursuant to subsection (a) of this section not later than three months after such organization's approval by the commissioner. Any deposit initiator that wishes to initiate the sale of beverage containers in the state after such three-month period elapses shall register and join such organization not less than ninety days prior to selling beverage containers in the state.
(c) On or before July 1, 2022, any organization approved pursuant to subsection (a) of this section shall submit a plan, for the commissioner's review and approval, to operate a state-wide beverage container stewardship program, as described in this subsection. In developing any such plan, such organization shall obtain input from members of the independent redemption centers community, municipal resource recovery facilities, municipal leaders, wine and spirits distributors and reverse vending machine operators. Such plan shall demonstrate, in detail, how such organization will operate and finance a program to provide for the redemption and recycling of beverage containers in the state, including, but not limited to: (1) Achieving and exceeding an annual redemption rate of eighty per cent by a specified timeline, (2) achieving financial self-sustainability, (3) achieving verifiable performance metrics for enhanced customer satisfaction with the beverage container redemption system, (4) adopting policies and making investments to ensure that recovered materials are returned to their highest and best use, (5) providing a detailed description of how existing collection and redemption centers throughout the state are to be utilized as part of such beverage container stewardship program, (6) disclosing applicable rates of redemption as of the time of such plan and those projected over the next five years under the proposed beverage container stewardship program and the recommended refund value for such containers that is necessary to achieve such redemption rates, (7) identifying how the plan will yield costs to the state or any participant of said program, (8) specifying revenues that escheat to the state pursuant to said beverage container stewardship program and any projected diminishment in the state's use or collection of such revenues in the next five fiscal years beginning July 1, 2022, (9) identifying any legislative changes necessary to carry out such plan, and (10) any other parameters or requirements specified by the commissioner. The commissioner shall not approve any such plan without verification that such organization obtained input from members of the independent redemption centers community, municipal resource recovery facilities, municipal leaders, wine and spirits distributors and reverse vending machine operators.
(d) Not later than October 1, 2022, the Commissioner of Energy and Environmental Protection shall submit recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to the environment concerning any plan submitted pursuant to subsection (c) of this section.
(P.A. 21-58, S. 9.)
History: P.A. 21-58 effective June 16, 2021.
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Sec. 22a-246c. Beverage container recycling grant program account and program. Grants. Purpose. Limit. Financial audit. (a) There is established a beverage container recycling grant program account. All moneys in such account shall be used by the Department of Energy and Environmental Protection to provide forgivable grants in urban centers and environmental justice communities in accordance with the beverage container recycling grant program described in subsection (b) of this section. For the purposes of this section “urban center” has the same meaning as “regional center”, as contained in the state plan of conservation and development, as amended from time to time, “environmental justice community” has the same meaning as provided in section 22a-20a and “beverage container” and “redemption center” have the same meanings as provided in section 22a-243.
(b) The Department of Energy and Environmental Protection shall implement the beverage container recycling grant program. The beverage container recycling grant program shall provide funding for new beverage container redemption centers that are located in communities that lack access to beverage container redemption locations. Such grant program shall prioritize the award of such grants to first-time redemption center owners and those that are locally-owned, minority-owned and women-owned businesses. When awarding grants pursuant to such program, the Commissioner of Energy and Environmental Protection, or the commissioner's designee, shall consider current access to beverage container redemption sites, walking distances to such sites, public access to reliable transportation, population density, customer convenience, type of redemption technology to be deployed and the volume of beverage containers sold in the relevant community.
(c) Grant proceeds received pursuant to the beverage container recycling grant program may be used for infrastructure, technology and costs associated with the establishment of a beverage container redemption center and for initial operational expenses of such redemption center. The Commissioner of Energy and Environmental Protection, shall issue, not later than December 1, 2021, a grant application process that distributes such grant proceeds described in subsection (d) of this section, on a rolling basis.
(d) Any grant awarded pursuant to the grant program described in this section shall not exceed one hundred fifty thousand dollars in any fiscal year.
(e) Any person or entity that receives a grant pursuant to the beverage container recycling grant program shall, not later than October first of each year, submit to the Commissioner of Energy and Environmental Protection a financial audit of grant expenditures by such person or entity until all grant moneys have been expended by such person or entity. Any such audit shall be prepared by an independent auditor and if said commissioner finds that any such grant is used for purposes that are not in conformity with uses set forth in this section, said commissioner may require repayment of such grant.
(June Sp. Sess. P.A. 21-2, S. 65.)
History: June Sp. Sess. P.A. 21-2 effective June 23, 2021.
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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 Energy and Environmental Protection or an authorized agent or designee of the commissioner.
(5) “Department” means the Department of Energy and 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 or PFAS in the formulation of a package or packaging component where the continued presence of such metal or PFAS 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 post-consumer 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 or PFAS 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) or (e) of section 22a-255i, as applicable.
(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) “Incidental presence” means the presence of a regulated metal as an unintended or undesired ingredient of a package or packaging component.
(15) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means all members of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(16) “Post-consumer recycled material” means a material generated by households or by commercial, industrial and institutional facilities as end-users of the product which can no longer be used for its intended purpose, including returns of material from the distribution chain. “Post-consumer recycled material” does not include refuse-derived fuel or other material that is destroyed by incineration.
(17) “Food packaging” means any package or packaging component that is applied to or in direct contact with any food or beverage.
(P.A. 90-215, S. 2; P.A. 95-57, S. 1; P.A. 06-76, S. 17, 18; P.A. 11-80, S. 1; P.A. 21-191, S. 2.)
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; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; P.A. 21-191 redefined “intentionally introduced” in Subdiv. (10), replaced definition of “supplier” with definition of “incidental presence” in Subdiv. (14), and added definitions of “perfluoroalkyl and polyfluoroalkyl substances” as Subdiv. (15), “post-consumer recycled material” as Subdiv. (16) and “food packaging” as Subdiv. (17).
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Sec. 22a-255i. Sale of packaging components or packaging composed of lead, cadmium, mercury, hexavalent chromium of PFAS. (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.
(e) As soon as feasible, but not later than December 31, 2023, no food package to which PFAS has been intentionally introduced during manufacturing or distribution in any amount shall be offered for sale or for promotional purposes in this state by its manufacturer or distributor.
(f) No material used to replace a chemical regulated by sections 22a-255g to 22a-255m, inclusive, in a package or packaging component may be used in a quantity or manner that creates a hazard as great as, or greater than, the hazard created by the chemical regulated by sections 22a-255g to 22a-255m, inclusive.
(P.A. 90-215, S. 3; P.A. 06-76, S. 19; P.A. 21-191, S. 3.)
History: P.A. 06-76 amended Subsec. (a) to add “or packaging”; P.A. 21-191 added Subsec. (e) re prohibition on sale of food packaging to which PFAS has been intentionally introduced and added Subsec. (f) re prohibition on use of material that creates hazard as great as or greater than the replaced chemical.
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Sec. 22a-255k. Certificates of compliance. (a) Upon request, 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, shall be furnished by its manufacturer or distributor to the purchaser of the packaging or packaging component or the Commissioner of Energy and Environmental Protection, as applicable. In the event that an exemption is claimed pursuant to section 22a-255j, such certificate of compliance shall state the specific basis upon which the exemption is claimed. Any such certificate of compliance shall be signed by an authorized official of the manufacturing or distributor. A copy of the certificate of compliance shall be kept on file by the manufacturer or distributor of the package or packaging component provided any manufacturer or distributor may make the certificate of compliance available on such manufacturer's or distributor's Internet web site or through an authorized representative of such manufacturer or distributor, including, but not limited to, a packaging clearinghouse. Any request made pursuant to this subsection for any certificate of compliance from the manufacturer or distributor of a package or packaging component shall be: (1) Made in writing, (2) made specific as to the package or packaging component information requested, and (3) responded to by the manufacturer or distributor not later than sixty days after receipt of such request.
(b) If the manufacturer or distributor of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer or distributor shall amend the applicable certificate of compliance for the reformulated or new package or packaging component.
(c) If the commissioner has grounds to suspect that a package is offered for sale in violation of this chapter, the commissioner may request that the manufacturer or distributor of the package provide a certificate of compliance with the applicable provisions of this chapter. Not later than thirty days after receipt of a request under this subsection, the manufacturer or distributor shall: (1) Provide the commissioner with the certificate attesting that the package complies with the provisions of this chapter, or (2) notify persons who sell the package in this state that the sale of the package is prohibited and provide the commissioner with a copy of the notice and a list of the names and addresses of those persons notified pursuant to this section.
(P.A. 90-215, S. 5; P.A. 21-191, S. 4.)
History: P.A. 21-191 deleted existing provisions and added Subsec. (a) re certificate of compliance, Subsec. (b) re amending such certificate for reformulated or new packaging or packaging component and Subsec. (c) re suspected violation.
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