Sec. 22a-6g. Notice of application for permit. Exemptions.
Sec. 22a-6gg. Maximization of federal funds for state climate change projects. Biennial report.
Sec. 22a-12. Environmental quality report. Review of state agency construction plans. Exception.
Sec. 22a-6. Commissioner to establish environmental standards, regulations and fees, to make contracts and studies and to issue permits. Complaints. Hearings. Bonds. Notice of contested cases. Fee waivers. Public notices on department's Internet web site. (a) The commissioner may: (1) Adopt, amend or repeal, in accordance with the provisions of chapter 54, such environmental standards, criteria and regulations, and such procedural regulations as are necessary and proper to carry out the department's functions, powers and duties; (2) enter into contracts with any person, firm, corporation or association to do all things necessary or convenient to carry out the functions, powers and duties of the department; (3) initiate and receive complaints as to any actual or suspected violation of any statute, regulation, permit or order administered, adopted or issued by the department. The commissioner shall have the power to hold hearings, administer oaths, take testimony and subpoena witnesses and evidence, enter orders and institute legal proceedings including, but not limited to, suits for injunctions, for the enforcement of any statute, regulation, order or permit administered, adopted or issued by the department; (4) in accordance with regulations adopted by the department, require, issue, renew, revoke, modify or deny permits, under such conditions as the commissioner may prescribe, governing all sources of pollution in Connecticut within the department's jurisdiction; (5) in accordance with constitutional limitations, enter at all reasonable times, without liability, upon any public or private property, except a private residence, for the purpose of inspection and investigation to ascertain possible violations of any statute, regulation, order or permit administered, adopted or issued by the department and the owner, managing agent or occupant of any such property shall permit such entry, and no action for trespass shall lie against the commissioner for such entry, or the commissioner may apply to any court having criminal jurisdiction for a warrant to inspect such premises to determine compliance with any statute, regulation, order or permit administered, adopted or enforced by the department, provided any information relating to secret processes or methods of manufacture or production ascertained by the commissioner during, or as a result of, any inspection, investigation, hearing or otherwise shall be kept confidential and shall not be disclosed except that, notwithstanding the provisions of subdivision (5) of subsection (b) of section 1-210, such information may be disclosed by the commissioner to the United States Environmental Protection Agency and the Nuclear Regulatory Commission pursuant to the federal Freedom of Information Act of 1976, (5 USC 552) and regulations adopted thereunder or, if such information is submitted after June 4, 1986, to any person pursuant to the federal Clean Water Act (33 USC 1251 et seq.); (6) undertake any studies, inquiries, surveys or analyses the commissioner may deem relevant, through the personnel of the department or in cooperation with any public or private agency, to accomplish the functions, powers and duties of the commissioner; (7) require the posting of sufficient performance bond or other security to assure compliance with any permit or order; (8) provide by notice printed on any form that any false statement made thereon or pursuant thereto is punishable as a criminal offense under section 53a-157b; (9) construct or repair or contract for the construction or repair of any dam or flood and erosion control system under the department's control and management, make or contract for the making of any alteration, repair or addition to any other real asset under the department's control and management, including rented or leased premises, involving an expenditure of five hundred thousand dollars or less, and, with prior approval of the Commissioner of Administrative Services, make or contract for the making of any alteration, repair or addition to such other real asset under the department's control and management involving an expenditure of more than five hundred thousand dollars but not more than one million dollars; (10) in consultation with affected town and watershed organizations, enter into a lease agreement with a private entity owning a facility to allow the private entity to generate hydroelectricity provided the project meets the certification standards of the Low Impact Hydropower Institute; (11) by regulations adopted in accordance with the provisions of chapter 54, require the payment of a fee sufficient to cover the reasonable cost of the search, duplication and review of records requested under the Freedom of Information Act, as defined in section 1-200, and the reasonable cost of reviewing and acting upon an application for and monitoring compliance with the terms and conditions of any state or federal permit, license, registration, order, certificate or approval required pursuant to subsection (i) of section 22a-39, subsections (c) and (d) of section 22a-96, subsections (h), (i) and (k) of section 22a-424, and sections 22a-6d, 22a-32, 22a-134a, 22a-134e, 22a-135, 22a-148, 22a-150, 22a-174, 22a-208, 22a-208a, 22a-209, 22a-342, 22a-345, 22a-354i, 22a-361, 22a-363c, 22a-368, 22a-372, 22a-379, 22a-403, 22a-409, 22a-416, 22a-428 to 22a-432, inclusive, 22a-449 and 22a-454 to 22a-454c, inclusive, and Section 401 of the federal Clean Water Act, (33 USC 1341). Such costs may include, but are not limited to the costs of (A) public notice, (B) reviews, inspections and testing incidental to the issuance of and monitoring of compliance with such permits, licenses, orders, certificates and approvals, and (C) surveying and staking boundary lines. The applicant shall pay the fee established in accordance with the provisions of this section prior to the final decision of the commissioner on the application. The commissioner may postpone review of an application until receipt of the payment. Payment of a fee for monitoring compliance with the terms or conditions of a permit shall be at such time as the commissioner deems necessary and is required for an approval to remain valid; and (12) by regulations adopted in accordance with the provisions of chapter 54, require the payment of a fee sufficient to cover the reasonable cost of responding to requests for information concerning the status of real estate with regard to compliance with environmental statutes, regulations, permits or orders. Such fee shall be paid by the person requesting such information at the time of the request. Funds not exceeding two hundred thousand dollars received by the commissioner pursuant to subsection (g) of section 22a-174, during the fiscal year ending June 30, 1985, shall be deposited in the General Fund and credited to the appropriations of the Department of Energy and Environmental Protection in accordance with the provisions of section 4-86, and such funds shall not lapse until June 30, 1986. In any action brought against any employee of the department acting within the scope of delegated authority in performing any of the above-listed duties, the employee shall be represented by the Attorney General.
(b) Notwithstanding the provisions of subsection (a) of this section no municipality shall be required to pay more than fifty per cent of any fee established by the commissioner pursuant to said subsection.
(c) The commissioner shall adopt regulations in accordance with the provisions of chapter 54 establishing a separate fee schedule for the payment of fees by municipalities. The schedule of fees paid by municipalities pursuant to section 22a-430 shall be graduated and reflect the sum of the average daily flows of wastewater in a municipality applying for a permit.
(d) The Commissioner of Energy and Environmental Protection shall provide notice of any proceeding involving a specific site if any decision by the commissioner concerning such site is contested. The notice shall be sent to the chief executive officer of the municipality in which such site is located and to each member of the legislature in whose district such site is located. A copy of such notice shall be made a part of the record of any other proceeding before the commissioner on such site.
(e) Whenever the commissioner issues an order to enforce any statute, regulation, permit or order administered or issued by him, any person or municipality aggrieved by such order may, except as otherwise provided by law, request a hearing before the commissioner within thirty days from the date such order is sent. Such hearing shall be conducted in accordance with the procedures provided by chapter 54.
(f) The provisions of sections 22a-45a and 22a-174, subsection (r) of section 22a-208a, sections 22a-349a, 22a-354p, 22a-378a, 22a-411 and 22a-430b and subsection (d) of section 22a-454 which authorize the issuance of general permits shall not affect the authority of the commissioner, under any statute or regulation, to abate pollution or to enforce the laws under his jurisdiction, including the authority to institute legal proceedings. Such proceedings may include summary suspension in accordance with subsection (c) of section 4-182. The commissioner may reissue, modify, revoke or suspend any general permit in accordance with the procedures set forth for the issuance of such permit.
(g) The Commissioner of Energy and Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, establishing a schedule of subscription fees to cover the reasonable cost to the Department of Energy and Environmental Protection of responding to requests for notices of applications for permits and other licenses and tentative determinations thereon issued by the commissioner.
(h) The commissioner may adopt regulations pertaining to activities for which the federal government has adopted standards or procedures. All provisions of such regulations which differ from federal standards or procedures shall be clearly distinguishable from such standards or procedures either on the face of the proposed regulation or through supplemental documentation accompanying the proposed regulation at the time of the notice concerning such regulation required under section 4-168. An explanation for all such provisions shall be included in the regulation-making record required under chapter 54 and shall be publicly available at the time of the notice concerning the regulation required under section 4-168. This subsection shall apply to any regulation for which a notice of intent to adopt is published on and after July 1, 1999.
(i) Notwithstanding the provisions of subsection (a) of this section, no person shall be required to pay any fee established by the commissioner pursuant to section 22a-133x, 22a-133aa, 22a-134a or 22a-134e for any new or pending application, provided such person has received financial assistance from any department, institution, agency or authority of the state for the purpose of investigation or remediation, or both, of a brownfield, as defined in section 32-760, and such activity would otherwise require a fee to be paid to the commissioner for the activity conducted with such financial assistance.
(j) Notwithstanding the provisions of subsection (a) of this section, no department, institution, agency or authority of the state or the state system of higher education shall be required to pay any fee established by the commissioner pursuant to section 22a-133x, 22a-133aa, 22a-134a or 22a-134e for any new or pending application, provided such division of the state is conducting an investigation or remediation, or both, of a brownfield, as defined in section 32-760, and siting a state facility on such brownfield site.
(k) Notwithstanding the provisions of subsection (a) of this section, no person shall be required to pay any fee associated with a brownfield, as defined in section 32-760, due to the commissioner resulting from the actions of another party prior to their acquisition of such brownfield, provided such person intends to investigate and remediate such brownfield.
(l) Notwithstanding any provision of this title, for any required newspaper publication of public notice concerning a tentative determination on a permit, the Commissioner of Energy and Environmental Protection may provide such public notice on the Internet web site of the Department of Energy and Environmental Protection provided: (1) Such public notice shall remain posted on such Internet web site for the duration of the entire applicable public notice period, and (2) the applicable date and time and nature of the opportunity for public participation shall concomitantly be published with a minimum one-sixteenth page advertisement in a newspaper having a general circulation in the area affected. Such advertisement shall include the Internet web site address where the details of the public notification can be ascertained.
(1971, P.A. 872, S. 7; P.A. 73-665, S. 3, 17; P.A. 74-188; P.A. 81-227, S. 1; P.A. 82-91, S. 17, 38; 82-180; P.A. 83-555, S. 1; June Sp. Sess. P.A. 83-38, S. 3; P.A. 84-120, S. 2; 84-542, S. 5; 84-546, S. 68, 173; P.A. 85-392, S. 1, 5; 85-515, S. 1; P.A. 85-571, S. 14; P.A. 86-277, S. 1, 4; 86-403, S. 48, 132; P.A. 87-98; 87-144; 87-219, S. 1, 2; 87-496, S. 90, 110; P.A. 89-139; 89-197; P.A. 90-231, S. 22, 28; P.A. 91-200, S. 1, 3; P.A. 92-51; 92-162, S. 2, 25; 92-217, S. 1, 5; P.A. 93-428, S. 13, 39; P.A. 96-145, S. 9; P.A. 97-47, S. 44; P.A. 98-134, S. 3; P.A. 03-276, S. 5; June 30 Sp. Sess. P.A. 03-6, S. 151; P.A. 04-151, S. 12; P.A. 07-45, S. 1; 07-242, S. 45; P.A. 11-51, S. 90; 11-80, S. 1; 11-141, S. 8; P.A. 13-205, S. 2; 13-247, S. 200; 13-308, S. 16; P.A. 23-153, S. 2.)
History: P.A. 73-665 replaced alphabetic Subdiv. indicators with numeric ones, deleted listing of specific sections and chapters with regard to which commissioner has power, granted commissioner power to make “procedural regulations”, deleted references to powers of commissioner's agents, empowered commissioner to control permits, allowed commissioner to obtain warrant for inspection purposes, empowered commissioner to require performance bonds and to provide notice that false statement is a criminal offense and deleted provisions re procedure for hearings held by commissioner or hearing officer appointed by him; P.A. 74-188 added Subdiv. (9) re commissioner's power to make contracts; P.A. 81-227 authorized the commissioner to enter upon private property without liability and without being subject to suit for trespass and required that attorney general represent department employees in suits against them for actions performed in course of their duties; P.A. 82-91 added Subdiv. (10) which authorized commissioner, by regulation, to require payment of fee to cover cost of reviewing application for and monitoring compliance with terms of various permits, licenses, orders, certificates or approvals, and provided that all funds received by commissioner under this section and Sec. 19-508(g) during fiscal year 82-83 shall be deposited in general fund, credited to appropriations of department and shall not lapse until June 30, 1984; P.A. 82-180 amended Subdiv. (5) to authorize disclosure of information to the Environmental Protection Agency pursuant to federal law; P.A. 83-555 empowered the commissioner to require the payment of a fee for acting upon and monitoring compliance with permits required by Secs. 22a-424, 22a-174 and 22a-368, specified the time of payment for an application and any subsequent monitoring of compliance with the terms of a permit and extended time for deposit of funds received in general fund and time at which funds lapse by one year; June Sp. Sess. P.A. 83-38 allowed the commissioner of environmental protection to construct or repair any dam or flood or erosion control system involving an expenditure of less than $250,000 and allowed the commissioner to contract for the repair or alteration of any real asset under his control involving an expenditure of $100,000 or less and to do the same for real assets involving an expenditure between $100,000 and $250,000, with the prior approval of the commissioner of administrative services, replacing provision which had authorized commissioner to contract for repairs, etc. costing $50,000 or less but which had required bids for expenditures between $25,000 and $50,000; P.A. 84-120 amended Subdiv. (10) to authorize a fee for monitoring compliance with the terms and conditions of any registration; P.A. 84-542 limited the funds received pursuant to Sec. 22a-174 and which are earmarked for the department of environmental protection for the fiscal year ending June 30, 1985, to $200,000; P.A. 84-546 made technical changes to section and added language re payment of fee; P.A. 85-392 amended Subdiv. (10) to authorize a fee for solid waste permits, adding references to Secs. 22a-208 and 22a-209; P.A. 85-515 made existing provisions Subsec. (a) and added Subsec. (b), re amount of fees paid by municipalities and adoption of regulations establishing municipal fee schedules; P.A. 85-571 added provision in Subsec. (b) entitling any municipality paying fee on or after May 15, 1984, and prior to October 1, 1985 to a credit, and divided Subsec. (b) to create Subsecs. (b) and (c); P.A. 86-277 amended Subsec. (a)(1) by requiring public hearings for amendments to regulations that incorporate amendments to federal law which is a part of state regulation only upon request of a group of fifteen persons or more or a governmental subdivision or agency, and amended Subsec. (a)(5) by authorizing disclosure of information submitted after June 4, 1986; P.A. 86-403 made technical changes in Subsec. (a); P.A. 87-98 amended Subsec. (a)(1) to delete provisions re public hearings on regulations; P.A. 87-144 added Subsec. (d) re notice of proceedings involving specific sites; P.A. 87-219 added Subsec. (a)(11) authorizing the commissioner to charge a fee to determine the status of real estate; P.A. 87-496 substituted “public works” for “administrative services” commissioner in Subsec. (a); (Revisor's note: In 1989 the numeric subparagraph indicators in Subdiv. (10) of Subsec. (a) were changed editorially by the Revisors to alphabetic indicators in the interests of consistency of usage); P.A. 89-139 doubled expenditure limits in Subsec. (a)(9); P.A. 89-197 amended Subsec. (a)(10) to authorize a fee for reviews of transfers of hazardous waste establishments under Sec. 22a-134a; P.A. 90-231 amended Subsec. (a)(10) to require that fees cover cost of search, duplication and review of records requested under freedom of information act and to add references to Secs. 22a-6d, 22a-134e, 22a-135, 22a-148, 22a-150, 22a-174a, 22a-363c, 22a-372, 22a-379, 22a-409, 22a-449 and 22a-454a to 22a-454c, inclusive; P.A. 91-200 amended Subsec. (a) to authorize all expenditures of $500,000 or less, eliminating previous distinction between expenditures for dams or flood control systems and those involving other real assets and to increase expenditure limit where prior approval has been obtained from $500,000 to $1,000,000; P.A. 92-51 added Subsec. (e) re hearings on orders of the commissioner; P.A. 92-162 added new Subsec. (f) re authority of commissioner relative to general permits issued under title 22a; P.A. 92-217 amended Subsec. (a) to authorize the commissioner to adopt regulations re fees for applications and monitoring compliance with Section 401 of the federal Clean Water Act; P.A. 93-428 added new Subsec. (g) re subscription fees for notices of permit applications, effective July 1, 1993; P.A. 96-145 deleted a reference to repealed Sec. 22a-384 in Subsec. (a); P.A. 97-47 amended Subsec. (a) by inserting reference to Sec. 1-18a; P.A. 98-134 added new Subsec. (h) re adoption of regulations which differ from applicable federal standards; P.A. 03-276 amended Subsec. (h) to replace “public hearing on” with “notice concerning”, to replace “chapter 54” with “section 4-168” and to add provision re public availability at the time of notice, effective July 1, 2003; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a)(10) by adding “22a-354i” and amended Subsec. (b) by deleting provision re credit for any municipality which paid a fee on or after May 15, 1984, and prior to October 1, 1985, effective August 20, 2003; P.A. 04-151 amended Subsec. (a) to delete reference to Sec. 22a-174a, effective May 21, 2004; P.A. 07-45 amended Subsec. (h) to delete “the applicable” re federal standards or procedures; P.A. 07-242 amended Subsec. (a) by adding new Subdiv. (10) re leases with private entities allowing hydroelectricity generation and redesignating existing Subdivs. (10) and (11) as Subdivs. (11) and (12), respectively; pursuant to P.A. 11-51, “Commissioner of Public Works” was changed editorially by the Revisors to “Commissioner of Construction Services” in Subsec. (a)(9), 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. 11-141 added Subsecs. (i) to (k) re waiver of fees, effective July 8, 2011; P.A. 13-205 added Subsec. (l) re provision of public notice concerning tentative determination on a permit by commissioner on department's Internet web site; pursuant to P.A. 13-247, “Commissioner of Construction Services” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsec. (a)(9), effective July 1, 2013; P.A. 13-308 amended Subsecs. (i) to (k) by replacing references to Sec. 32-9kk with references to Sec. 32-760, effective July 1, 2013; P.A. 23-153 amended Subsec. (a) to add reference to Nuclear Regulatory Commission and make technical changes, effective June 26, 2023.
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Sec. 22a-6g. Notice of application for permit. Exemptions. (a) Any person who submits an application to the Commissioner of Energy and Environmental Protection for any permit or other license pursuant to section 22a-32, 22a-39, 22a-174, 22a-208a, 22a-342, 22a-361, 22a-368, 22a-403 or 22a-430, subsection (b) or (c) of section 22a-449, section 22a-454 or Section 401 of the federal Water Pollution Control Act (33 USC 466 et seq.), except an application for authorization under a general permit shall: (1) Publish notice of such application in a newspaper of general circulation in the affected area and on the Internet web site used for local land use decisions in the municipality where such property is located. Such notice shall also be published on the Internet web site of the Department of Energy and Environmental Protection; (2) notify the chief elected official of the municipality in which the regulated activity is proposed; and (3) include with such application a copy of such notice as it appeared in the newspaper or municipal land use Internet web site and a signed statement certifying that the applicant notified the chief elected official of the municipality in which such regulated activity is proposed. Such notices shall include: (A) The name and mailing address of the applicant and the address of the location at which the proposed activity will take place; (B) the application number, if available; (C) the type of permit sought, including a reference to the applicable statute or regulation; (D) a description of the activity for which a permit is sought; (E) a description of the location of the proposed activity and any natural resources affected thereby; (F) the name, address and telephone number of any agent of the applicant from whom interested persons may obtain copies of the application; and (G) a statement that the application is available for inspection at the office of the Department of Energy and Environmental Protection. The commissioner shall not process an application until the applicant has submitted to the commissioner a copy of the notice and the signed statement required by this section. Any person who submits an application pursuant to section 22a-32 or 22a-361 shall additionally mail such notice to any land owner of record for any property that is located five hundred feet or less from the property line of the property on which such proposed activity will occur. The provisions of this section shall not apply to discharges exempted from the notice requirement by the commissioner pursuant to subsection (b) of section 22a-430, to hazardous waste transporter permits issued pursuant to section 22a-454 or to special waste authorizations issued pursuant to section 22a-209 and regulations adopted thereunder.
(b) Notwithstanding any other provision of this title or any regulation adopted pursuant to this title, the following applications are exempt from the provisions of subsection (a) of this section: (1) An application for authorization under a general permit; (2) an application for a minor permit modification for sources permitted under Title V of the federal Clean Air Act Amendments of 1990 in accordance with 40 CFR 70.7; and (3) an application for a minor permit modification or revision if the Commissioner of Energy and Environmental Protection has adopted regulations, in accordance with the provisions of chapter 54, establishing criteria to delineate applications for minor permit modifications or revisions from those applications subject to the requirements of subsection (a) of this section.
(P.A. 93-428, S. 3, 39; P.A. 94-89, S. 1; P.A. 96-145, S. 12; P.A. 98-140, S. 2; P.A. 01-204, S. 23; June Sp. Sess. P.A. 01-9, S. 73, 131; P.A. 11-80, S. 1; P.A. 13-209, S. 1; P.A. 16-89, S. 8; P.A. 23-196, S. 8.)
History: P.A. 93-428 effective July 1, 1993; P.A. 94-89 made this section applicable to applications under Section 401 of the federal Water Pollution Control Act and provided for exemptions for permits for hazardous waste transporters and special waste authorizations and deleted requirements that notice be published within 10 days of the submission of the application and that the applicant send a copy of such notice to the commissioner within 20 days of the date of such publication; P.A. 96-145 deleted a reference to repealed Sec. 22a-384; P.A. 98-140 added provision for notice to the chief elected official of the municipality in which the activity for which a permit is sought is to occur; P.A. 01-204 designated existing provisions as Subsec. (a), making technical changes therein, and added Subsec. (b) re exemptions from Subsec. (a); June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this section; 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. 13-209 amended Subsec. (a) by deleting former Subdiv. (1) re inclusion of a signed statement certifying that the applicant will publish notice of application on a form supplied by the commissioner, deleting former Subdiv. (3) re certified copy of notice, redesignating existing Subdiv. (2) as Subdiv. (1) and existing Subdiv. (4) as Subdiv. (2), and adding new Subdiv. (3) re inclusion of a copy of the newspaper notice with application along with a signed statement certifying that the applicant notified the chief elected official of the municipality in which the regulated activity is proposed; P.A. 16-89 amended Subsec. (a) to add provision re any person who submits an application pursuant to Sec. 22a-32 or 22a-361 to mail notice to any land owner of record for any property located within 500 feet of the property on which the proposed activity will occur, effective June 1, 2016; P.A. 23-196 amended Subsec. (a)(1) to add provision re notice be published on Internet web site used for local land use decisions in municipality where such property is located and on Department of Energy and Environmental Protection's Internet web site and amended Subsec. (a)(3) to add reference to the municipal land use Internet web site, effective June 29, 2023.
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Sec. 22a-6h. Notice of tentative determination re permit application. Request for hearing on federal Water Pollution Control Act application. (a) The Commissioner of Energy and Environmental Protection, at least thirty days before approving or denying an application under section 22a-32, 22a-39, 22a-174, 22a-208a, 22a-342, 22a-361, 22a-368, 22a-403 or 22a-430, subsection (b) or (c) of section 22a-449, section 22a-454 or Section 401 of the federal Water Pollution Control Act (33 USC 466 et seq.), shall publish or cause to be published, at the applicant's expense, once in a newspaper having a substantial circulation in the affected area and, if such application pertains to a single-family residential property, on the Internet web site used for local land use decisions in the municipality where such property is located and on the Internet web site of the Department of Energy and Environmental Protection notice of the commissioner's tentative determination regarding such application. Such notice shall include: (1) The name and mailing address of the applicant and the address of the location of the proposed activity; (2) the application number; (3) the tentative decision regarding the application; (4) the type of permit or other authorization sought, including a reference to the applicable statute or regulation; (5) a description of the location of the proposed activity and any natural resources affected thereby; (6) the name, address and telephone number of any agent of the applicant from whom interested persons may obtain copies of the application; (7) a brief description of all opportunities for public participation provided by statute or regulation, including the length of time available for submission of public comments to the commissioner on the application; and (8) such additional information as the commissioner deems necessary to comply with any provision of this title or regulations adopted hereunder, or with the federal Clean Air Act, federal Clean Water Act or federal Resource Conservation and Recovery Act. The commissioner shall further give notice of such determination to the chief elected official of the municipality in which the regulated activity is proposed. Nothing in this section shall preclude the commissioner from giving such additional notice as may be required by any other provision of this title or regulations adopted hereunder, or by the federal Clean Air Act, federal Clean Water Act or federal Resource Conservation and Recovery Act. The provisions of this section shall not apply to discharges exempted from the notice requirement by the commissioner pursuant to subsection (b) of section 22a-430, to hazardous waste transporter permits issued pursuant to section 22a-454 or to special waste authorizations issued pursuant to section 22a-209 and regulations adopted thereunder.
(b) For the purposes of this section, “application” means a request for a license or renewal thereof or for any permit or modification of a license or permit or renewal thereof if the modification is sought by the licensee.
(c) Notwithstanding any other provision of this title or any regulation adopted pursuant to this title, the following applications are exempt from the provisions of subsection (a) of this section: (1) An application for a minor permit modification for sources permitted under Title V of the federal Clean Air Act Amendments of 1990 in accordance with 40 CFR 70.7; or (2) an application for a minor permit modification or revision if the Commissioner of Energy and Environmental Protection has adopted regulations, in accordance with the provisions of chapter 54, establishing criteria to delineate applications for minor permit modifications or revisions from those applications subject to the requirements of subsection (a) of this section.
(d) Not later than thirty days after the date on which the commissioner publishes or causes to be published notice of the commissioner's tentative determination regarding an application under Section 401 of the federal Water Pollution Control Act, 33 USC 466, such applicant may submit a written request to the commissioner to conduct a hearing on such application in accordance with the provisions of chapter 54. The commissioner shall grant any such request provided such request is submitted in writing and filed in a timely manner. Any person that is aggrieved by the commissioner's final decision on such application may appeal such decision to the Superior Court, in accordance with section 4-183.
(P.A. 93-428, S. 4, 39; P.A. 94-89, S. 2; P.A. 96-145, S. 13; P.A. 98-140, S. 3; P.A. 01-204, S. 24; June Sp. Sess. P.A. 01-9, S. 73, 131; P.A. 11-80, S. 1; P.A. 12-100, S. 2; P.A. 23-196, S. 9.)
History: P.A. 93-428 effective July 1, 1993; P.A. 94-89 made section applicable to applications for permits under Section 401 of the federal Water Pollution Control Act and provided for exemptions for permits for hazardous waste transporters and special waste authorizations and added a requirement that notice include a description of opportunities for public participation; P.A. 96-145 deleted a reference to repealed Sec. 22a-384; P.A. 98-140 added provision for notice to the chief elected official of the municipality in which the activity about which a tentative determination has been made is to occur; P.A. 01-204 amended Subsec. (a) to make a technical change for purposes of gender neutrality and added new Subsec. (c) re exemptions from Subsec. (a); June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this section; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsecs. (a) and (c), effective July 1, 2011; P.A. 12-100 added Subsec. (d) re submission of written request to commissioner to conduct a hearing on application submitted under the federal Water Pollution Control Act; P.A. 23-196 amended Subsec. (a) to add provision re notice of tentative determination also be published on municipal Internet web site for land use decisions if property is a single-family residential property, and on Internet web site of Department of Energy and Environmental Protection, effective June 29, 2023.
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Sec. 22a-6gg. Maximization of federal funds for state climate change projects. Biennial report. The Commissioner of Energy and Environmental Protection shall maximize the state's receipt of any federal funds designated for state projects intended to increase resiliency to the effects of climate change, including, but not limited to, coastal resiliency projects. Such maximization shall include, but not be limited to, the identification of any such federal funds. Not later than January 1, 2024, and biennially thereafter, the commissioner shall submit a report, in accordance with section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to the environment that details the commissioner's efforts undertaken pursuant to this section, including any federal funds identified, any application or request for such funds that the commissioner submitted, any such funds received by the state and any resiliency project funded, in whole or in part, by such federal funds. Such report shall include any recommendations for the state to be able to maximize receipt of any such federal funds.
(P.A. 23-140, S. 3.)
History: P.A. 23-140 effective June 27, 2023.
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Sec. 22a-12. Environmental quality report. Review of state agency construction plans. Exception. (a) The council shall submit annually to the Governor an environmental quality report, which shall set forth: (1) The status of the major environmental categories including, but not limited to, the air, the water and the land environment; (2) current and foreseeable trends in the quality, management and utilization of the environment and the effects of such trends on the social, economic and health requirements of the state; (3) the adequacy of available natural resources for fulfilling human and economic requirements of the state in the light of projected population pressures; (4) a review of the programs and activities of the state and local governments and private organizations, with particular reference to their effect on the environment and on the conservation, development and utilization of natural resources, including, but not limited to, programs and measures of local governments implemented pursuant to subsection (d) of section 22a-244b; (5) a program for remedying the deficiencies of existing programs and activities, together with recommendations for legislation; and (6) the progress towards achievement of the goals and objectives established in the state-wide environmental plan.
(b) The council shall have the authority to require submission by all state agencies, at all stages of development, of construction plans for review and comment by the council which shall include, but not be limited to, all plans of the Department of Transportation which anticipate the paving or building upon land not previously paved or built upon, and location or expansion of noise-producing facilities such as airports; and all plans of the Department of Administrative Services which anticipate the paving or building upon land not previously paved or built upon, the construction of structures occupying a substantially greater air space than predecessor structures in the same location, and the location or expansion of noise or pollution-producing facilities such as heating plants, but which shall not include the conversion by The University of Connecticut of a commercial or office structure to an educational structure; provided the function of the council with respect to such plans shall be advisory and consultative only.
(1971, P.A. 872, S. 438; P.A. 77-614, S. 73, 610; P.A. 87-142, S. 2, 3; 87-496, S. 91, 110; P.A. 95-230, S. 43, 45; P.A. 11-51, S. 90; P.A. 13-247, S. 200; P.A. 23-76, S. 1.)
History: P.A. 77-614 replaced previous provision which established public works commissioner as head of public works department; P.A. 87-142 added Subsec. (a)(6) re state-wide environmental plan; P.A. 87-496 substituted public works department for administrative services department in Subsec. (b); P.A. 95-230 amended Subsec. (b) to add exemption for The University of Connecticut, effective June 7, 1995; pursuant to P.A. 11-51, “Department of Public Works” was changed editorially by the Revisors to “Department of Construction Services” in Subsec. (b), effective July 1, 2011; pursuant to P.A. 13-247, “Department of Construction Services” was changed editorially by the Revisors to “Department of Administrative Services” in Subsec. (b), effective July 1, 2013; P.A. 23-76 amended Subsec. (a)(4) to add provision re programs and measures of local governments implemented pursuant to Sec. 22a-244b(d), effective June 26, 2023.
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Sec. 22a-20a. Environmental justice community. Definitions. Assessment of environmental or public health stressors. Meaningful public participation plan. Public participation report. Informal public meeting. Community environmental benefit agreement. Regulations. Denial of permit for proposed affecting facility. Authorization. Conditions for construction and operation of approved facility. Authorization. Notice of tentative determination. (a) As used in this section:
(1) “Environmental justice community” means (A) a United States census block group, as determined in accordance with the most recent United States census, for which thirty per cent or more of the population consists of low income persons who are not institutionalized and have an income below two hundred per cent of the federal poverty level; or (B) a distressed municipality, as defined in subsection (b) of section 32-9p;
(2) “Affecting facility” means any (A) electric generating facility with a capacity of more than ten megawatts; (B) sludge or solid waste incinerator or combustor; (C) sewage treatment plant with a capacity of more than fifty million gallons per day; (D) intermediate processing center, volume reduction facility or multitown recycling facility with a combined monthly volume in excess of twenty-five tons; (E) new or expanded landfill, including, but not limited to, a landfill that contains ash, construction and demolition debris or solid waste; (F) medical waste incinerator; or (G) major source of air pollution, as defined by the federal Clean Air Act. “Affecting facility” shall not include (i) the portion of an electric generating facility that uses nonemitting and nonpolluting renewable resources such as wind, solar and hydro power or that uses fuel cells, (ii) any facility for which a certificate of environmental compatibility and public need was obtained from the Connecticut Siting Council on or before January 1, 2000, or (iii) a facility of a constituent unit of the state system of higher education that has been the subject of an environmental impact evaluation in accordance with the provisions of sections 22a-1b to 22a-1h, inclusive, and such evaluation has been determined to be satisfactory in accordance with section 22a-1e;
(3) “Meaningful public participation” means (A) residents of an environmental justice community have an appropriate opportunity to participate in decisions about a proposed facility or the expansion of an existing facility that may adversely affect such residents' environment or health; (B) the public's participation may influence the regulatory agency's decision; and (C) the applicant for a new or expanded permit, certificate or siting approval seeks out and facilitates the participation of those potentially affected during the regulatory process;
(4) “Community environmental benefit agreement” means a written agreement entered into by the chief elected official or town manager of a municipality and an owner or developer of real property whereby the owner or developer agrees to develop real property that is to be used for any new or expanded affecting facility and to provide financial resources for the purpose of the mitigation, in whole or in part, of impacts reasonably related to the facility, including, but not limited to, impacts on the environment, including, but not limited to, air quality and watercourses, quality of life, asthma rates, traffic, parking and noise;
(5) “Council” means the Connecticut Siting Council;
(6) “Department” means the Department of Energy and Environmental Protection;
(7) “Environmental or public health stressor” means any source of environmental pollution that causes a potential public health impact;
(8) “Major source” means (A) a major source of air pollution, as defined by the federal Clean Air Act or rules or regulations adopted by the department, or (B) an affecting facility that directly emits, or has the potential to emit, one hundred tons per year or more of any air pollutant or other applicable criteria set forth in the federal Clean Air Act; and
(9) “Permit” means any individual facility permit, license, certificate or siting approval issued by the department or council to a facility that establishes the regulatory and management requirements for a regulated activity pursuant to section 16-50k, 22a-174, 22a-208a or 22a-430. “Permit” does not include (A) any authorization or approval necessary to perform a remediation conducted in accordance with the regulations established pursuant to section 22a-133k; or (B) any authorization or approval required for an extension of time to complete construction of a facility.
(b) (1) Applicants who, on or after January 1, 2009, seek to obtain any certificate under chapter 277a, a new or expanded permit, except for a minor modification of an existing permit for an affecting facility, or siting approval from the Department of Energy and Environmental Protection or the Connecticut Siting Council involving an affecting facility that is proposed to be located in an environmental justice community or the proposed expansion of an affecting facility located in such a community, shall (A) file an assessment of environmental or public health stressors and a meaningful public participation plan with such department or council and shall obtain the department's or council's approval of such public participation plan prior to filing any application for such permit, certificate or approval except an applicant for an expanded permit shall not be required to file such an assessment; (B) consult with the chief elected official or officials of the town or towns in which the affecting facility is to be located or expanded to evaluate the need for a community environmental benefit agreement in accordance with subsection (d) of this section; and (C) except for applicants for an expanded permit, submit and receive approval of a public participation report that shall include, but not be limited to, (i) an affidavit that the applicant satisfied the requirements of subdivisions (2) to (5), inclusive, of this subsection; (ii) all written comments received; and (iii) responses to concerns and questions presented in such written and verbal comments, including any changes to the activity or affecting facility proposed. Each assessment of environmental or public health stressors prepared pursuant to this subsection shall contain an assessment of the potential environmental and public health stressors associated with the proposed new affecting facility, as applicable, and shall identify any adverse environmental or public health stressors that cannot be avoided if the permit is granted, and the environmental or public health stressors already borne by the applicable environmental justice community. The filing of an assessment of environmental or public health stressors shall not be required until regulations are adopted pursuant to subsection (f) of this section.
(2) Each such meaningful public participation plan shall contain measures to facilitate meaningful public participation in the regulatory process and a certification that the applicant will undertake the measures contained in the plan. Such plan shall identify a time and place where an informal public meeting will be held that is convenient for the residents of the affected environmental justice community. In addition, any such plan shall identify the methods, if any, by which the applicant will publicize the date, time and nature of the informal public meeting in addition to the notice by mail required by subdivision (3) of this subsection and the publication required by subdivision (4) of this subsection. Such methods shall include, but not be limited to, (A) posting a reasonably visible sign on the proposed or existing affecting facility property, printed in English, in accordance with any local regulations and ordinances, (B) posting a reasonably visible sign, printed in all languages spoken by at least fifteen per cent of the population that reside within a one-half of a mile radius of the proposed or existing affecting facility, in accordance with local regulations and ordinances, (C) notifying local and state elected officials, in writing, and (D) posting on electronic media, including, but not limited to, relevant Internet web sites and social media platforms, provided such notice is readily found by searching for the name of the affecting facility on the Internet. Such methods may include notifying neighborhood and environmental groups, in writing, in a language appropriate for the target audience. The determination of the percentage of persons that speak a language, for purposes of subparagraph (B) of this subdivision, shall be made in accordance with the most recent United States census.
(3) Not less than thirty days prior to the informal public meeting, the applicant for a new proposed affecting facility, other than an applicant for an expanded permit, shall send a notice of such informal public meeting by mail to all residential households located within a one-half-mile radius of the proposed or existing affecting facility. Such notice shall provide the date, time and location of such meeting, a description of the proposed affecting facility, a map indicating the location of the affecting facility, information on how an interested person may review project documents, including any complete needs assessment, alternatives assessment, environmental impact analysis or assessment of environmental or public health stressors, addresses for mailed and Internet-based submission of written public comments and any other information deemed appropriate by the department or council. The applicant shall provide such notice in writing in all languages spoken by not less than fifteen per cent of the population that resides within such one-half-mile radius of the proposed or existing affecting facility. Such applicant shall subsequently send notice by mail to all such residential households of any subsequent public participation opportunities that occur as part of the permit approval process before the department or council, and notify such residential households of any notice of tentative or final determination by the department or council.
(4) Not less than ten days prior to the informal public meeting and not more than thirty days prior to such meeting, the applicant shall publish the date, time and nature of the informal public meeting with a minimum one-quarter page advertisement in a newspaper having general circulation in the area affected, and any other appropriate local newspaper serving such area, in the Monday issue of a daily publication or any day in a weekly or monthly publication. Such advertisement shall include information on how an interested person may review project documents, including any complete needs assessment, alternatives assessment, environmental impact analysis and assessment of environmental and public health stressors, as applicable. The applicant shall post a similar notification of the informal public meeting on the applicant's web site, if applicable.
(5) At the informal public meeting, the applicant shall make a reasonable and good faith effort to provide clear, accurate and complete information about the proposed affecting facility or the proposed expansion of such facility and the potential environmental and health impacts of such affecting facility or such expansion. The applicant shall accept written comments, submitted via mail or electronic mail, and oral comments from any interested party, and provide an opportunity for meaningful public participation at the informal public meeting. Not later than thirty days after such informal public meeting, the applicant, other than an applicant for an expanded permit, shall submit to the department or council a public participation report, as described in subdivision (1) of this subsection. The applicant shall video record the informal public meeting and submit the recording to the department or council with the public participation report, as applicable.
(6) The Department of Energy and Environmental Protection or the Connecticut Siting Council shall not take any action on the applicant's application for a permit, license, certificate or approval earlier than sixty days after the informal public meeting or the date the department or council approves the public participation report, whichever date is earlier. For any such application filed on or after November 1, 2023, if the applicant fails to undertake the requirements of this subsection, any such application shall be deemed insufficient. The application of an applicant who fails to receive approval of any required public participation report by the department or council, as applicable, shall be deemed insufficient.
(7) In the event that the Connecticut Siting Council has approved a meaningful public participation plan or public participation report, as applicable, concerning a new or expanded proposed affecting facility, as applicable, and an informal public meeting has been held in accordance with this subsection, the Department of Energy and Environmental Protection may waive the requirement that an additional informal public meeting be held in accordance with this subsection.
(8) In addition to any other fee authorized by law, rule or regulation, the department or council, as applicable, may assess each permit, license or certificate applicant a reasonable fee in order to cover the costs associated with the implementation of this section, including all costs to provide technical assistance to permit applicants and environmental justice communities to comply with the provisions of this section.
(c) Any municipality, owner or developer may enter into a community environmental benefit agreement in connection with an affecting facility. For any application filed on or after November 1, 2020, for such an affecting facility that: (1) Requires a certificate under chapter 277a, or (2) constitutes a new or expanded permit, except for a minor modification or improvement of an existing permit for such facility, or siting approval from the Department of Energy and Environmental Protection or the Connecticut Siting Council involving an affecting facility, and that is proposed to be located in an environmental justice community or the proposed expansion of an affecting facility to be located in such a community, the applicant shall enter into such an agreement with the municipality if there are five or more affecting facilities in such municipality at the time such application is filed. The Commissioner of Energy and Environmental Protection shall not issue a notice of tentative determination regarding a new or modified permit unless the applicant has submitted a copy of the executed agreement with the municipality. Mitigation may include both on-site and off-site improvements, activities and programs, including, but not limited to: Funding for activities such as environmental education, diesel pollution reduction, electric vehicle charging infrastructure construction, establishment of a wellness clinic, ongoing asthma screening, provision of air monitoring performed by a credentialed environmental professional, performance of an ongoing traffic study, watercourse monitoring, construction of biking facilities and multi-use trails, staffing for parks, urban forestry, support for community gardens or any other negotiated benefit to the environment in the environmental justice community. Prior to negotiating the terms of a community environmental benefit agreement, the municipality shall provide a reasonable and public opportunity for residents of the potentially affected environmental justice community to be heard concerning the requirements of or need for, and terms of, such agreement. Any mitigation contained in such an agreement shall have a nexus to the impacts caused by the proposed facility and shall be proportional to such impacts.
(d) The chief elected official or town manager of a municipality shall participate in the negotiations for any such community environmental benefit agreement and shall implement, administer and enforce such an agreement on behalf of the municipality, provided any such agreement negotiated pursuant to this section on and after November 1, 2020, shall be approved by the legislative body of the municipality prior to implementation, administration and enforcement of such agreement. Such chief elected official or town manager shall select a resident of the potentially affected environmental justice community to participate in such negotiations.
(e) The terms of any community environmental benefit agreement negotiated, entered into and approved in accordance with this section on and after November 1, 2020, shall not constitute a separate and distinct basis for a pleading to intervene in any administrative, licensing or other proceeding pursuant to section 22a-19.
(f) The Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54, as are necessary and proper to carry out the purposes of this section. The provisions of subsection (g) of this section shall not take effect until the adoption of the regulations pursuant to this subsection. Such regulations shall include, but not be limited to, provisions regarding: (1) Procedures and requirements for creating the meaningful public participation plan and the public participation report required by this section; (2) the identification and measurement of the relative impact of environmental and public health stressors across communities; (3) tools for stakeholder industries and sectors to use that take account of any such environmental or public health stressors, including tools to help inform decisions about potential locations for proposed affecting facilities that comply with the provisions of this section; and (4) standards for denying or placing conditions on permits. The commissioner shall consult with stakeholder industries and sectors when developing the regulations pursuant to this section.
(g) (1) On and after the adoption of regulations pursuant to subsection (f) of this section, the department's review of any such application for a proposed affecting facility, other than an application for an expanded permit, shall be conducted in accordance with any such regulations, as applicable, and the council's review of any such application may be conducted in accordance with any such regulations.
(2) The department or the council, as applicable, may deny any application for a permit for a proposed affecting facility, other than an application for an expanded permit, upon a finding that approval of the permit, as proposed, would, together with other environmental or public health stressors affecting the applicable environmental justice community, result in adverse cumulative environmental or public health stressors in such environmental justice community that are higher than those borne by other communities within the state, county or other geographic unit of analysis, as determined by the department or council. Any such determination by the department shall be made in accordance with the applicable regulations adopted pursuant to subsection (f) of this section and any such determination by the council may be made in accordance with such regulations.
(3) If such permit for a proposed affecting facility, other than a permit for an expanded facility, is granted, the department or council, as applicable, may impose reasonable conditions on the construction and operation of the proposed affecting facility that are intended to mitigate environmental and public health impacts.
(4) The department or the council, as applicable, shall provide notice, in writing, to any applicant for any such proposed affecting facility of any tentative determination regarding compliance with the applicable regulations adopted pursuant to subsection (f) of this section.
(5) If any hearing is held on any application subject to the requirements of this section, compliance with the applicable regulations adopted pursuant to subsection (f) of this section shall be considered at such hearing.
(6) The department or council, as applicable, shall publish any determination made pursuant to this subsection to the department's or council's Internet web site.
(h) Notwithstanding any provision of the general statutes, the department or council, as applicable, may, after review of the public participation report and any other relevant information, including testimony and written comments received in connection with the meaningful public participation plan, apply reasonable conditions to a new permit for an affecting facility, other than a permit for an expanded facility, concerning the construction and operation of the facility to protect the environment and public health, upon a finding by the department or council, as applicable, that approval of such permit, as proposed, would, together with other environmental or public health stressors affecting the applicable environmental justice community, result in adverse cumulative environmental or public health stressors in such environmental justice community that are higher than those borne by other communities in the state, county or other geographic unit of analysis, as determined by the department or council. Any such determination by the department shall be made in accordance with the applicable regulations adopted pursuant to subsection (f) of this section and any such determination by the council may be made in accordance with such regulations.
(i) If a permit applicant applies for more than one new proposed affecting facility, the permit applicant shall only be required to comply with the provisions of this section once, unless the department or council, as applicable, determines that more than one informal public meeting is necessary due to the complexity of the permit applications necessary for the proposed affecting facility. Nothing in this subsection shall be construed to limit the authority of the department or council to hold or require any public hearing, as may be required by any other provision of the general statutes, federal law or rule or regulation.
(j) Nothing in this section shall be construed to limit the right of an applicant to continue facility operations during the process of permit approval to the extent such right is conveyed by an applicable law, rule or regulation. Nothing in this section shall be construed to apply to permit renewals or permit modifications.
(P.A. 08-94, S. 1; P.A. 11-80, S. 1; Sept. Sp. Sess. P.A. 20-6, S. 1; P.A. 23-202, S. 1.)
History: P.A. 08-94 effective January 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”, effective July 1, 2011; Sept. Sp. Sess. P.A. 20-6 amended Subsec. (a)(4) by redefining “community environmental benefit agreement”, amended Subec. (b)(2) by replacing “may” with “shall” re notification methods, replacing “twenty” with “fifteen”, deleting former Subpara. (C) re neighborhood and environmental group notification, redesignating existing Subpara. (D) as Subpara. (C) and adding provisions re permissible neighborhood and environmental group notification and re determination of language spoken, amended Subsec. (b)(5) by adding provision re application deemed insufficient, substantially revised Subsec. (c) re application filed on or after November 1, 2020 and added Subsecs. (d) and (e) re municipal negotiation and implementation of community environmental benefit agreement and terms of community environmental benefit agreement, respectively, effective November 1, 2020; P.A. 23-202 amended Subsec. (a) to define “council”, “department”, “environmental or public health stressor”, “major source” and “permit”, amended Subsec. (b)(1) to add exception for minor modification of existing permit for affecting facility, add reference to assessment of environmental or public health stressors, add exception for expanded permit to assessment requirement and add Subpara. (C) re submission and approval of public participation report, amended Subsec. (b)(2) to add reference to notice by mail requirement of Subsec. (b)(3), and add Subpara. (D) re posting of notice on electronic media, added new Subsec. (b)(3) re sending of notice of informal public meeting by mail to residential households within a one-half mile radius of proposed or existing affecting facility, redesignated existing Subsec. (b)(3) as new Subsec. (b)(4) and added requirement that such advertisement include information on how interested persons may review project documents, redesignated existing Subsec. (b)(4) as new Subsec. (b)(5) and amended same to add provision re acceptance of written comments, submission of public participation report and video recording of informal public meeting, redesignated existing Subsec. (b)(5) as new Subsec. (b)(6) and amended same to add references to application for license and date department or council approves public participation report, changed November 1, 2020, to November 1, 2023, and added provision re failure to receive approval of public participation report as constituting insufficient application, redesignated existing Subsec. (b)(6) as Subsec. (b)(7) and added reference to public participation report, added Subsec. (b)(8) re department or council assessing reasonable fee to applicant for costs associated with section, amended Subsec. (c) to add exception for minor modification or improvement of existing facility, add provision re prohibition on issuing a notice of tentative determination unless applicant submits a copy of executed agreement with municipality, and add provision re any mitigation having a nexus to impacts caused by proposed facility, amended Subsec. (d) to add provision re appointment of a resident of potentially affected environmental justice community, added Subsec. (f) re adoption of regulations, added Subsec. (g) re review of applications after adoption of such regulations, authorization to deny certain permits, authorization to impose reasonable conditions on construction and operation of proposed affecting facility, requirement to provide notice of any tentative determination to applicant, and requirements concerning public hearings and publication of notice of tentative determination, added Subsec. (h) re application or such reasonable conditions, added Subsec. (i) re permit applications for more than one new affecting facility, added Subsec. (j) re right to continue operations during permit approval process, and made technical changes throughout.
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Sec. 22a-20b. (Note: This section is effective October 1, 2024.) Denial of permit under environmental justice statute. Town referendum to approve such denied permit. Notwithstanding any provision of the general statutes, any special act, municipal charter or ordinance, in any municipality having a population of ten thousand persons or fewer, any elector or voter of such municipality may petition for a town referendum, in accordance with the applicable provisions of sections 7-7 and 7-9, any denial of a permit by the commissioner pursuant to section 22a-20a, that is based on the considerations required by subsection (g) of said section. An affirmative vote of such electorate shall constitute the approval of such permit notwithstanding such denial by the commissioner.
(P.A. 23-205, S. 191.)
History: P.A. 23-205 effective October 1, 2024.
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