CHAPTER 446d

SOLID WASTE MANAGEMENT

Table of Contents

Note: This 2024 Supplement is intended to be used in conjunction with the General Statutes of Connecticut, revised to January 1, 2023.

Sec. 22a-207. (Formerly Sec. 19-524a). Definitions.

Sec. 22a-220. (Formerly Sec. 19-524n). Municipal provisions for solid waste disposal. Toxic or hazardous waste disposal. Recycling goal. Municipal representative. Report to commissioner. Program deficiencies.

Sec. 22a-220a. Designation by municipality of areas for solid waste disposal. Designation of areas for items generated from residential properties. Registration of solid waste collectors. Reports by solid waste collectors. Scavenging.

Sec. 22a-226e. Recycling of source-separated organic materials. Fees reporting requirement. Voluntary municipal pilot program. Food donated and recycled report.

Sec. 22a-232. Solid waste assessment. Penalty imposed for nonpayment.

Sec. 22a-241l. Solid waste contract requirement for provision re collection of designated recyclable items.

Sec. 22a-241o. Statewide solid waste management plan or Comprehensive Materials Management Strategy revisions. Approval by General Assembly.

Sec. 22a-243. (Formerly Sec. 22a-77). Definitions.

Sec. 22a-244. (Formerly Sec. 22a-78). Beverage containers: Refund value; exceptions; labeling and design requirements.

Sec. 22a-245a. Special account of deposit initiator. Reimbursement payment. Calculation and publication of average state-wide redemption rate. Reports. Deposit in General Fund. Subtraction of deficiency. Examination. Enforcement. Treatment as tax. Credit for containers donated for charitable purposes.

Sec. 22a-245f. Distributor and dealer consumer education efforts re beverage container redemption value. Redemption limit at any one time.

Sec. 22a-246c. Beverage container recycling program account and program. Grants. Purpose. Financial audit.

Sec. 22a-246d. Plastic beverage container post-consumer recycled content. Definitions. Requirements. Compliance. Registration. Report. Waiver. Multistate clearinghouse.

Sec. 22a-250. (Formerly Sec. 22a-87). Littering or dumping prohibited. Orders. Procedures. Penalties.

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

(1) “Commissioner” means the Commissioner of Energy and Environmental Protection or his authorized agent;

(2) “Department” means the Department of Energy and Environmental Protection;

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

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

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

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

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

(8) “Recycling facility” or “recycling center” means land and appurtenances thereon and structures where recycling is conducted, including, but not limited to, an intermediate processing center, as defined in section 22a-260, but excluding an automated kiosk for consumer electronics, as defined in section 21a-446;

(9) “Resources recovery facility” means a facility that combusts municipal solid waste to generate electricity;

(10) “Waste conversion facility” means a facility that uses thermal, chemical or biological processes to convert solid waste, including, but not limited to, municipal solid waste, into electricity, fuel, gas, chemical or other products and that is not a facility that combusts mixed municipal solid waste to generate electricity;

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

(12) “Municipality” means any town, city or borough within the state;

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

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

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

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

(17) “Municipal collection” means solid waste collection from all residents thereof by a municipal authority;

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

(19) “Solid waste planning region” means those municipalities within the defined boundaries of regional councils of governments or as prescribed in the state solid waste management plan;

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

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

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

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

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

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

(26) “Person” has the same meaning as in subsection (b) of section 22a-2;

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

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

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

(30) “Source-separated organic material” means organic material, including, but not limited to, food scraps, food processing residue and soiled or unrecyclable paper that has been separated at the point or source of generation from nonorganic material.

(1971, P.A. 845, S. 1; June, 1971, P.A. 1, S. 5; P.A. 73-646, S. 1; P.A. 79-605, S. 14, 17; P.A. 81-213, S. 1, 18; P.A. 87-531, S. 1; P.A. 88-341, S. 1; P.A. 89-386, S. 1, 24; P.A. 91-55, S. 1; P.A. 92-249, S. 2; P.A. 94-182, S. 1, 4; P.A. 01-204, S. 8, 29; June Sp. Sess. P.A. 01-9, S. 73, 131; P.A. 03-19, S. 64; P.A. 06-76, S. 25; P.A. 10-87, S. 1; P.A. 11-80, S. 1; 11-217, S. 1; P.A. 13-247, S. 312; P.A. 17-218, S. 7; P.A. 23-109, S. 4.)

History: June, 1971 act replaced commissioner and department of health with commissioner and department of environmental protection; P.A. 73-646 replaced “scrap metals” with “scrap materials” in Subdiv. (c), redefined “solid waste facility” to include resource recovery facilities and limited definition to facilities handling more than five tons of solid waste per year, redefined “volume reduction plant” as one which can process more than 2,000 pounds of waste input per hour and included plants processing refuse for recovery and reuse; P.A. 79-605 rephrased Subdiv. (c) defining “solid waste”; P.A. 81-213 redefined “municipal authority” in Subsec. (j) to include municipal resource recovery authorities under chapter 103b and extended applicability of definitions to that chapter; Sec. 19-524a transferred to Sec. 22a-207 in 1983 and alphabetic Subdiv. indicators replaced editorially by the Revisors with numeric indicators; P.A. 87-531 deleted reference to approval of department of environmental protection in definition of “solid waste disposal area”; P.A. 88-341 amended Subdiv. (4) to redefine “solid waste facility” to include biomedical waste treatment facilities and added definitions for “biomedical waste”, “generator of biomedical waste” and “biomedical waste treatment facility”; P.A. 89-386 redefined “solid waste”, “solid waste facility”, “volume reduction plant”, “solid waste disposal area”, and “recycling”, substituted definition of “resources recovery facility” for definition of “resources recovery system”, added definitions of “recycling facility” or “center”, “transfer station”, “throughput”, “municipal solid waste” and “wood burning facility” and renumbered the terms accordingly; P.A. 91-55 rephrased the definition of “solid waste” and broadened the definitions of “volume reduction plant”, “solid waste disposal area” and “transfer station”; P.A. 92-249 amended Subdiv. (6) to define “disposal”; P.A. 94-182 amended Subdiv. (19) to limit the definition of “biomedical waste” to infectious waste, pathological waste and chemotherapy waste, amended Subdiv. (20) to remove in-patient care facilities from the definition of “generator of biomedical waste” and to specify that multiple generators within one building count as separate generators, and amended Subdiv. (21) to exclude licensed acute care facilities and certain licensed regional household hazardous waste collection facilities from the definition of “biomedical waste treatment facility”, effective July 1, 1994; P.A. 01-204 amended Subdiv. (24) to exclude biomass gasification plants from the definition of “wood-burning facility”, effective July 11, 2001; June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this section; P.A. 03-19 made technical changes in Subdiv. (24), effective May 12, 2003; P.A. 06-76 added Subdivs. (25) and (26) defining “person” and “closure plan”, respectively; P.A. 10-87 applied definitions to Secs. 22a-241j to 22a-241l and added Subdivs. (27) and (28) defining “designated recyclable item” and “composting facility”; 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. 11-217 added Subdiv. (29) defining “source-separated organic material”; pursuant to P.A. 13-247, “regional planning agencies” was changed editorially by the Revisors to “regional councils of governments” in Subdiv. (18), effective January 1, 2015; P.A. 17-218 amended Subdiv. (5) to redefine “volume reduction plant” and make a technical change, amended Subdiv. (9) to redefine “resources recovery facility”, added new Subdiv. (10) defining “waste conversion facility”, and redesignated existing Subdivs. (10) to (29) as Subdivs. (11) to (30), effective July 1, 2017; P.A. 23-109 amended Subdiv. (8) by redefining “recycling facility” and “recycling center” to exclude “automated kiosks for consumer electronics”, as defined in Sec. 21a-446.

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

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

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

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

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

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

(2) A municipality may, by the adoption of a municipal ordinance or other enforceable legal instrument to which the municipality is a party, identify recyclable solid wastes not described in subdivision (1) of this subsection, including, but not limited to, food scraps, food processing residues, yard waste and other suitable recyclable organic material for diversion to recycling facilities designed for the processing and beneficial use of such wastes. For the purposes of this section and section 22a-220a, “food scraps” or “food processing residues” does not include unused food that is suitable for sale or donation for human or animal consumption.

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

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

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

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

(1971, P.A. 845, S. 14; P.A. 76-34, S. 1–3; P.A. 79-57, S. 1, 2; 79-605, S. 1, 17; P.A. 82-327, S. 7; P.A. 90-220, S. 2, 11; 90-312, S. 9; P.A. 91-92; 91-293, S. 8, 9; P.A 93-423, S. 1; P.A. 96-163, S. 2; P.A. 10-87, S. 2; P.A. 11-80, S. 1; P.A. 14-94, S. 1, 71; P.A. 23-170, S. 3, 8.)

History: P.A. 76-34 added provision authorizing municipality to levy charge for waste disposal by persons other than municipal employees in the course of their employment and added Subsec. (b); P.A. 79-57 replaced “area(s)” with “facility(ies)” in Subsec. (a); P.A. 79-605 gave municipality responsibility for disposing of sludge from water pollution abatement facilities, water supply treatment plants and air pollution control facilities, and solid wastes from air pollution control facilities and agricultural and mining operations and clearly placed responsibility for toxic and hazardous wastes on waste generator; P.A. 82-327 removed provision which had required that Sec. 7-162 provisions must be complied with in arrangements to transport solid wastes to another municipality or out of the state; Sec. 19-524n transferred to Sec. 22a-220 in 1983; P.A. 90-220 amended Subsec. (a) to authorize a municipality to charge for solid wastes brought to a facility for the processing or sale of recyclable items or pursuant to ordinance, and added Subsecs. re duties of a municipality re separation, collection, processing and marketing of items, re municipal contracts, re report to commissioner, re designation of agent and re notice of recycling program deficiency order by commissioner, designated as Subsecs. (f) to (j), inclusive, in keeping with provisions enacted in P.A. 90-312; P.A. 90-312 amended Subsec. (a) to require municipalities to dispose of residue from recycling facilities, inserted new Subsecs. (b) re maintenance of records by recycling facility, (c) re inspection of recycling facility and (d) re institution of action for injunctive relieve, and relettered former Subsec. (b) as (e) accordingly; P.A. 91-92 rephrased Subsec. (f) to establish a goal for recycling 25% of the solid waste generated in each municipality; P.A. 91-293 amended Subsec. (h) to change the date by which municipalities must begin submitting reports under that subsection from July 1, 1991, to August 31, 1991, and to require commissioner to provide forms by June 1, 1991, rather than by March 1, 1991; P.A. 93-423 amended Subsec. (f) to add provision re January 1, 2000, recycling goal; P.A. 96-163 amended Subsec. (f) to change the basis for measuring solid waste for purposes of the recycling goal from volume to weight; P.A. 10-87 amended Subsec. (h) by changing report date from August 31, 1991, to September 30, 2010, changing date for commissioner to provide form for report from June 1, 1991, to July 1, 2010, replacing former Subdivs. (3) and (4) with new Subdiv. (3) re identification of first destinations that received solid waste, including recyclable material generated in municipality's borders, and new Subdiv. (4) re reporting of actual or estimated amount of disposed solid waste and recyclable material that has been delivered to first destination that is out of state or a Connecticut end user, adding provision re collector contact information and defining “collector”, effective June 2, 2010; 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. (f) and (h), effective July 1, 2011; P.A. 14-94 amended Subsec. (f) 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. (g), effective June 6, 2014; P.A. 23-170 amended Subsec. (f) to establish Subdiv. (1), make technical changes and add Subdiv. (2) re municipal authority to identify recyclable solid wastes for diversion to recycling facilities, effective June 29, 2023, and pursuant to P.A. 23-170, “Materials Innovation and Recycling Authority” was changed editorially by the Revisors to “MIRA Dissolution Authority” in Subsec. (g), effective July 1, 2023.

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Sec. 22a-220a. Designation by municipality of areas for solid waste disposal. Designation of areas for items generated from residential properties. Registration of solid waste collectors. Reports by solid waste collectors. Scavenging. (a) The legislative body of a municipality may designate the area where solid waste generated within its boundaries by residential, business, commercial or other establishments shall be disposed. The disposal of such solid waste at any other area is prohibited, except that a municipality may approve, in writing, disposal at another area, either within or outside the boundaries of such municipality, prior to disposal. A municipality may refuse to approve disposal at another area if such disposal would adversely affect its solid waste disposal program. The legislative body of a municipality may also designate where the following items generated within its boundaries from residential properties shall be taken for processing or sale: (1) Cardboard, (2) glass, food and beverage containers, (3) leaves, (4) metal food and beverage containers, (5) newspapers, (6) storage batteries, (7) waste oil, (8) plastic food and beverage containers, (9) food scraps, and (10) food processing residues. The processing or sale of such items at any other area shall be prohibited, except that a municipality may approve, in writing, processing or sale elsewhere, either within or outside the boundaries of such municipality, prior to processing or sale. A municipality may refuse to approve processing or sale elsewhere if such processing or sale would adversely affect its recycling program. For purposes of sections 22a-208e, 22a-208f, 22a-220, this section, sections 22a-220c, 22a-241b, 22a-241e, and subsection (c) of section 22a-241g, residential property means real estate containing one or more dwelling units but shall not include hospitals, motels or hotels.

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

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

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

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

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

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

(g) As used in this section, “collector” means any person who holds himself out for hire regularly to collect solid waste from residential, business, commercial or other establishments. “Collector” does not include: (1) Any person who transports solid waste that is incidentally generated during professional or commercial activities unrelated to the collection of solid waste, such as residential property repairs, provided such solid waste is self-generated by such person's professional or commercial activities and such solid waste is transported to an authorized recycling facility, a permitted recycling facility, or a permitted solid waste facility, and (2) any person who transports used materials for the purpose of delivering such materials to a charitable organization that distributes reused household items or to a retail facility that sells reused household items.

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

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

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

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

(P.A. 83-120; 83-587, S. 94, 96; P.A. 85-334, S. 5, 8; P.A. 87-531, S. 3; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; 90-220, S. 3, 11; 90-249, S. 1; P.A. 93-142, S. 4, 7, 8; P.A. 94-200, S. 3, 4; P.A. 95-220, S. 4–6; P.A. 10-87, S. 10–12; P.A. 11-80, S. 1; P.A. 13-285, S. 3; P.A. 23-170, S. 4.)

History: P.A. 83-587 changed effective date of P.A. 83-120 from October 1, 1983, to July 1, 1983; P.A. 85-334 amended Subsec. (a) by authorizing municipalities to approve of disposal at areas other than those designated by them within their boundaries and revised subsection divisions; P.A. 87-531 amended Subsec. (a) to prohibit towns from refusing to approve the transportation of presegregated recyclable material to facilities accepting and processing recyclable material, added reference to transport of recyclable material in Subsec. (c), added Subsec. (f) establishing a penalty for dumping at an area not designated for disposal and added Subsec. (g) defining “collector”; P.A. 88-230 replaced “judicial district of Hartford-New Britain at Hartford” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 90-220 substituted “solid waste” for “refuse”, amended Subsec. (a) to authorize a municipality to designate where certain items generated from residential property shall be taken for processing or sale, amended Subsec. (b) requiring legislative body to give 60 days' notice of intent to make such a designation and required municipality to consider private recycling, the effects of such a designation and policy prior to such designation, and added Subsec. (h) re scavenging; P.A. 90-249 amended Subsec. (f) by substituting “solid waste” for “refuse” and providing that the penalty be applicable to collectors who knowingly mix solid waste with items designated for recycling; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 94-200 amended Subsec. (f) to increase the penalties provided for in that subsection and added new Subsec. (i) re unauthorized dumping in certain containers; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 10-87 amended Subsec. (d) by designating existing provisions as Subdiv. (1) and amending same by adding provisions re recyclables generated within borders of municipality, annual registration and requirement to disclose name and address of collector and owner of collection company, whether hauling is residential, commercial or other, types of waste hauled, anticipated location of disposal facilities and end users and additional information required by municipality to ensure health and safety of residents, and by adding Subdiv. (2) re required content of collector report to municipality, amended Subsec. (g) by redefining “collector” and added Subsec. (j) re report by collector when hauling and delivering solid waste from and to an entity that does not have permit and Subsec. (k) re identification of originating facility, municipality or regional facility by collector to receiving facility, effective July 1, 2010; 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. (d)(2) and (j), effective July 1, 2011; P.A. 13-285 amended Subsec. (g) to redefine “collector”; P.A. 23-170 amended Subsec. (a) to add Subdiv. (9) re food scraps and Subdiv. (10) re food processing residues, effective June 29, 2023.

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Sec. 22a-226e. Recycling of source-separated organic materials. Fees reporting requirement. Voluntary municipal pilot program. Food donated and recycled 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 either an authorized source-separated organic material composting facility an authorized transfer station or any collection location authorized to receive source-separated organic materials, 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.

(4) On and after January 1, 2025, each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort, conference center or institution 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. For the purposes of this section “institution” means any establishment engaged in providing hospitality, entertainment or rehabilitation and health care services, and any hospital, public or private educational facility or correctional facility.

(b) Any such wholesaler, distributor, manufacturer, processor, supermarket, institution, 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.

(e) On or before March 1, 2025, and annually thereafter, each wholesaler, distributor, manufacturer, processor, supermarket, resort, conference center or institution that is subject to the provisions of this section shall submit a report to the Department of Energy and Environmental Protection in electronic format. Such report shall summarize such entity's amount of edible food donated, the amount of food scraps recycled and the organics recycler or recyclers and associated collectors used.

(P.A. 11-80, S. 1; 11-217, S. 3; P.A. 13-285, S. 4; P.A. 21-16, S. 2; P.A. 23-170, S. 5.)

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; P.A. 23-170 amended Subsec. (a)(3) to alter requirement to either 20 miles from an authorized source-separated organic material composting facility, an authorized transfer station or any collection location authorized to receive source-separated organic materials, added Subsec. (a)(4) re requirement for each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort, conference center or institution that generates an average projected volume of not less than 26 tons per year of source-separated organic materials, amended Subsec. (b) to add reference to each institution and added Subsec. (e) re annual reports by each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort, conference center or institution concerning food amounts donated and recycled, effective June 29, 2023.

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

(b) Each owner of a resources recovery facility subject to the assessment as provided by this section shall submit a return quarterly to the Commissioner of Revenue Services, applicable with respect to the calendar quarter beginning October 1, 2023, and each calendar quarter thereafter, on or before the last day of the month immediately following the end of each such calendar quarter, on a form prescribed by the commissioner, together with payment of the quarterly assessment determined and payable in accordance with the provisions of subsection (a) of this section.

(c) Whenever such assessment is not paid when due, a penalty of ten per cent of the amount due or fifty dollars, whichever is greater, shall be imposed, and such assessment shall bear interest at the rate of one per cent per month or fraction thereof until the same is paid. The Commissioner of Revenue Services shall cause copies of a form prescribed for submitting returns as required under this section to be distributed throughout the state. Failure to receive such form shall not be construed to relieve anyone subject to assessment under this section from the obligations of submitting a return, together with payment of such assessment within the time required.

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

(e) The provisions of sections 12-548 to 12-554, inclusive, and section 12-555a shall apply to the provisions of this section in the same manner and with the same force and effect as if the language of said sections 12-548 to 12-554, inclusive, and section 12-555a had been incorporated in full in this section, except that to the extent that any such provision is inconsistent with a provision in this section and except that the term “tax” shall be read as “solid waste assessment”.

(f) Two million eight hundred thousand dollars of the proceeds from the assessments imposed pursuant to subsection (a) of this section shall be deposited by the Commissioner of Revenue Services into the General Fund and any remaining funds from such assessments shall be deposited by the commissioner into the sustainable materials management account established in section 16-244bb.

(P.A. 86-332, S. 5, 20; P.A. 87-489, S. 2, 14; P.A. 89-270, S. 9; P.A. 90-312, S. 8, 11; P.A. 91-236, S. 20, 25; P.A. 95-26, S. 46, 52; June 30 Sp. Sess. P.A. 03-6, S. 153; P.A. 07-217, S. 113; P.A. 23-170, S. 6.)

History: P.A. 87-489 amended Subsec. (a) by deleting the exemption for facilities where equivalent testing is performed and added Subsec. (d) regarding reimbursement of owners of facilities; P.A. 89-270 required that payments be made beginning on the date of commercial operation; P.A. 90-312 amended Subsec. (a) by requiring the assessment to be paid for calendar quarters commencing on or after October 1, 1987; P.A. 91-236 added Subsec. (e) to include administrative, penalty, hearing and appeal provisions, effective July 1, 1991, and applicable to “taxes”, i.e. assessments, due on or after that date; P.A. 95-26 amended Subsec. (c) to lower interest rate from 1.5% to 1% and made technical changes, effective July 1, 1995, and applicable to taxes due and owing on or after July 1, 1995, whether or not those taxes first became due before said date; June 30 Sp. Sess. P.A. 03-6 amended Subsec. (a) by adding ending date for $1 fee of September 30, 2003, and increasing fee to $1.50 per ton for calendar quarters commencing on and after October 1, 2003, effective August 20, 2003; P.A. 07-217 made a technical change in Subsec. (d), effective July 12, 2007; P.A. 23-170 amended Subsec. (b) to change reference from October 1, 1987, to October 1, 2023, made technical changes to Subsec. (d) and added Subsec. (f) re amount of deposit into General Fund and deposit of remaining funds into the sustainable materials management account, effective July 1, 2023.

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Sec. 22a-241l. Solid waste contract requirement for provision re collection of designated recyclable items. (a) For the purposes of this section, “collector” means any person offering collection services for solid waste or designated recyclable items and “designated recyclable items” means any items designated for recycling or to be recycled pursuant to: (1) Subsection (a) of section 22a-241b, or (2) a municipal ordinance or other enforceable legal instrument to which a municipality is a party.

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

(P.A. 10-87, S. 7; P.A. 23-170, S. 7.)

History: P.A. 10-87 effective July 1, 2012; P.A. 23-170 amended Subsec. (a) to delete definition of “customer”, redefine “collector” and define “designated recyclable items”, effective June 29, 2023.

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Sec. 22a-241o. Statewide solid waste management plan or Comprehensive Materials Management Strategy revisions. Approval by General Assembly. Notwithstanding the provisions of sections 22a-228 and 22a-241a, respectively, any proposed revision to the state-wide solid waste management plan or the Comprehensive Materials Management Strategy shall be submitted by the Commissioner of Energy and Environmental Protection to the joint standing committee of the General Assembly having cognizance of matters relating to the environment for approval prior to implementation of any such revision. Upon receipt of any such proposed revision, said committee shall hold a public hearing on any such proposed revision not later than fifteen days after such receipt. Not later than thirty days after such receipt, said committee may meet to vote to approve, reject or amend such proposed revision. In the event the committee does not meet, the proposed revision shall be deemed approved. In the event said committee rejects any such proposed revision, the commissioner may file such rejected proposed revision with the clerks of the House of Representatives and the Senate for consideration of the approval, by resolution, of such rejected proposed revision by the members of the General Assembly. If the General Assembly is in session, it shall vote to approve or reject such rejected proposed revision not later than thirty days after the date of filing. If the General Assembly is not in session when such rejected proposed revision is filed, it shall be submitted to the General Assembly not later than ten days after the first day of the next regular session or special session called for such purpose. The rejected proposed revision shall be deemed rejected by the General Assembly if the General Assembly fails to vote to approve or reject such proposed revision not later than thirty days after such filing.

(P.A. 23-170, S. 17.)

History: P.A. 23-170 effective June 29, 2023.

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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. “Carbonated beverage” does not include any product that contains wine or spirits;

(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. “Noncarbonated beverage” does not include any product that contains wine or spirits, any food for special dietary use, as defined in 21 USC 350(c)(3), or any medical food, as defined in 21 USC 360ee(b)(3);

(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; P.A. 23-1, S. 11.)

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; P.A. 23-1 amended Subdivs. (1) and (2) to redefine “carbonated beverage” and “noncarbonated beverage”, respectively, effective February 14, 2023.

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Sec. 22a-244. (Formerly Sec. 22a-78). Beverage containers: Refund value; exceptions; labeling and design requirements. (a)(1) Every beverage container containing a carbonated beverage sold or offered for sale in this state, except for any such beverage containers sold or offered for sale for consumption on an interstate passenger carrier, shall have a refund value. Such refund value shall not be less than 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. The provisions of this subsection shall not apply to any beverage container that comprises any dealer's inventory as of December 31, 2022, provided such beverage container was not required to have a refund value as of such date pursuant to the provisions of section 22a-243 and this section. Nothing in this subsection shall be construed to prohibit the sale or offering for sale of any beverage container that is embossed, stamped, labeled or otherwise affixed with a refund value of five cents, provided such beverage container comprises any dealer's or distributor's inventory as of December 31, 2023.

(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; Nov. Sp. Sess. P.A. 22-1, S. 8, 9; P.A. 23-76, 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; Nov. Sp. Sess. P.A. 22-1 amended Subsec. (b) to add provision authorizing the sale of dealer inventory without such labeling requirement for dealer inventory as of December 31, 2022, effective November 29, 2022; P.A. 23-76 amended Subsec. (b) to add provision re authorization to sell containers labeled with refund value of 5 cents if such container was part of dealer's or distributor's inventory as of December 31, 2023, effective January 1, 2024.

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Sec. 22a-245a. Special account of deposit initiator. Reimbursement payment. Calculation and publication of average state-wide redemption rate. Reports. Deposit in General Fund. Subtraction of deficiency. Examination. Enforcement. Treatment as tax. Credit for containers donated for charitable purposes. (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) Not later than August 1, 2024, and annually thereafter, the Commissioner of Energy and Environmental Protection shall calculate and publish the average state-wide redemption rate for the preceding fiscal year, calculated as the number of beverage containers redeemed for the deposit divided by the number of beverage containers sold.

(d) (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 (e) 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 (e) 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.

(e) (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) (A) 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.

(B) Subsequently:

(i) 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;

(ii) For the fiscal year ending June 30, 2024, (I) for the calendar quarters ending September 30, 2023, and December 31, 2023, the balances outstanding in the special account that are attributable to said calendar quarters shall be retained in the special account by the deposit initiator for the purpose of reimbursement of the refund value in effect on January 1, 2024, for a redeemed beverage container in accordance with the provisions of subsection (b) of this section and section 22a-244, (II) for the calendar quarter ending March 31, 2024, sixty-five per cent of the balance outstanding in the special account at the close of such quarter, including any balance outstanding that is attributable to such quarter and any remaining balance of the amount retained by the deposit initiator pursuant to subclause (I) of this clause, 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 (III) for the calendar quarter 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;

(iii) For the fiscal year ending June 30, 2025, fifty 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;

(iv) For the fiscal year ending June 30, 2026, if the redemption rate calculated under subsection (c) of this section for the preceding fiscal year is:

(I) At least sixty per cent, twenty-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

(II) Less than sixty per cent, 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;

(v) For the fiscal year ending June 30, 2027, if the redemption rate calculated under subsection (c) of this section for the preceding fiscal year is:

(I) At least sixty-five per cent, 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;

(II) Less than sixty-five per cent but more than sixty per cent, twenty-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

(III) Sixty per cent or less, 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; and

(vi) For the fiscal year ending June 30, 2028, and each fiscal year thereafter, if the redemption rate calculated under subsection (c) of this section for the preceding fiscal year is:

(I) At least seventy-five per cent, 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;

(II) Less than seventy-five per cent but more than sixty-five per cent, ten 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;

(III) Sixty-five per cent or less but more than sixty per cent, twenty-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

(IV) Sixty per cent or less, 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.

(C) 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.

(f) 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 (e) of this section until the amount of the deficiency has been subtracted in full.

(g) 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.

(h) 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.

(i) 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.

(j) 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.

(k) 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 (e) 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; P.A. 23-204, S. 373.)

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; P.A. 23-204 added new Subsec. (c) re calculation and publication of average state-wide redemption rate, redesignated existing Subsec. (c) as Subsec. (d), redesignated existing Subsec. (d) as Subsec. (e) and amended same by adding Subpara. designators in Subdiv. (2) and substantially revising provisions in redesignated Subdiv. (2)(B) re percentages of balance outstanding in special account to be paid by deposit initiator for deposit in General Fund, redesignated existing Subsecs. (e) to (j) as Subsecs. (f) to (k), and made conforming changes, effective June 12, 2023.

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Sec. 22a-245f. Distributor and dealer consumer education efforts re beverage container redemption value. Redemption limit at any one time. (a) On and after January 1, 2024, each distributor and dealer shall undertake efforts to educate consumers of the ten-cent redemption value for beverage containers.

(b) No person shall redeem more than two hundred forty beverage containers at any one time at a dealer's reverse vending machine.

(c) For the purposes of this section, “distributor”, “dealer”, “consumer”, “beverage container” and “reverse vending machine” each have the same meaning as provided in section 22a-243.

(P.A. 23-76, S. 3.)

History: P.A. 23-76 effective June 26, 2023.

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Sec. 22a-246c. Beverage container recycling program account and program. Grants. Purpose. 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 or expanded 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 or expansion 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.

(d) 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.

(e) Notwithstanding the requirements of subsections (a) and (b) of this section, within available appropriations, any organization that serves persons with intellectual and developmental disabilities shall be eligible for a grant pursuant to this section.

(June Sp. Sess. P.A. 21-2, S. 65; P.A. 22-118, S. 162; P.A. 23-204, S. 63.)

History: June Sp. Sess. P.A. 21-2 effective June 23, 2021; P.A. 22-118 amended Subsecs. (b) and (c) to add references to expansion of beverage container redemption centers and further amended Subsec. (c) to repeal reference to Subsec. (d), repealed Subsec. (d) re $150,000 limit for any grant awarded in any fiscal year and redesignated existing Subsec. (e) as Subsec. (d), effective July 1, 2022; P.A. 23-204 added Subsec. (e) re grants to organizations that serve persons with intellectual and developmental disabilities, effective July 1, 2023.

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Sec. 22a-246d. Plastic beverage container post-consumer recycled content. Definitions. Requirements. Compliance. Registration. Report. Waiver. Multistate clearinghouse. (a) For purposes of this section:

(1) “Department” means the Department of Energy and Environmental Protection;

(2) “Commissioner” means the Commissioner of Energy and Environmental Protection;

(3) “Beverage” means any carbonated beverage or noncarbonated beverage;

(4) “Carbonated beverage” has the same meaning as provided in section 22a-243;

(5) “Noncarbonated beverage” has the same meaning as provided in section 22a-243;

(6) “Plastic” means a manufactured or synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms;

(7) “Plastic beverage container” means any beverage container, as defined in section 22a-243, that is made of plastic. “Plastic beverage container” does not include any label, cap, closure or other item affixed to the container. “Plastic beverage container” does not include any refillable beverage container, including any container that is sufficiently durable for multiple rotations of such container's original or similar purpose and that is intended to function in a system of reuse;

(8) “Post-consumer recyclable material” means a material or product generated by households or by commercial, industrial or institutional facilities in the role of an end-user of the material or product that can no longer be used for its intended purpose or that was returned from the distribution chain and has been separated from the solid waste stream for the purpose of collection and recycling;

(9) “Post-consumer recycled content” means the amount of post-consumer recyclable material used in the manufacture or production of a new product. “Post-consumer recycled content” does not include preconsumer or post-industrial secondary waste material, including, but not limited to, materials and by-products generated from and commonly used within an original manufacturing and fabrication process;

(10) “Producer” means any person responsible for compliance with minimum post-consumer recycled content requirements for a plastic beverage container, including: (A) Any owner or licensee of a brand or trademark for a plastic beverage container that is sold under such owner's or licensee's owned or licensed brand or trademark, regardless of whether such trademark is registered in this state; (B) the manufacturer of a plastic beverage container that lacks identification of a brand at the point of sale or the person who manufactures such plastic beverage container; and (C) if there is no other person described in this subsection over whom the state can constitutionally exercise jurisdiction, the person who imports or distributes the plastic beverage container in or into the state;

(11) “Manufacturer” means any person that produces or generates a plastic beverage container. “Manufacturer” does not include: (A) Any government agency, municipality or other political subdivision of the state, (B) any organization registered under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, or (C) any producer that annually sells, offers for sale, distributes or imports into the country for sale in this state (i) less than one ton of plastic beverage containers each year, or (ii) plastic beverage containers that, in aggregate, generate less than one million dollars each year in sales in the state; and

(12) “Person” has the same meaning as provided in section 22a-2.

(b) On and after January 1, 2027, plastic beverage containers sold, offered for sale or distributed in this state by each producer shall contain, on average and in the aggregate, not less than twenty-five per cent post-consumer recycled content.

(c) On and after January 1, 2032, plastic beverage containers sold, offered for sale or distributed in this state by each producer shall contain, on average and in the aggregate, not less than thirty per cent post-consumer recycled content.

(d) On or before December 31, 2032, the commissioner, in accordance with section 11-4a, shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to the environment a report reviewing the minimum post-consumer recycled content requirements of this section. Such report shall include, but need not be limited to: (1) An evaluation of the requirements of this section; (2) any recommendations on future minimum post-consumer recycled content standards for plastic beverage containers; (3) any recommendations for the expansion of post-consumer recycled content requirements to other packaging or product categories and the attendant percentage requirements recommended for each packaging or product category; and (4) an evaluation of any third-party certification methods existing for plastic beverage containers and whether such certification methods should be applied to future minimum post-consumer recycled content requirements.

(e) For the purposes of determining a producer's compliance with the minimum post-consumer recycled content requirements of this section, a producer may rely on state-specific data regarding plastic beverage container sales and material use, if available, or may alternatively rely on the same type of data applicable to a region or territory in the United States that includes this state. If a producer elects to rely on data regarding plastic beverage container sales and material use derived from data applicable to a region or territory in the United States that includes this state, the producer shall prorate that regional or territorial data to determine state-specific figures based on market share or population in a manner that ensures that the percentage of post-consumer recycled plastic calculated for plastic beverage containers sold in this state is the same percentage as calculated for that larger region or territory; and document in its report the methodology used to determine those state-specific figures.

(f) (1) On or before April 1, 2026, each producer that offered for sale, sold, or distributed plastic beverage containers in or into the state in the previous calendar year shall register with the commissioner, individually, or through a third-party representative that registers with the Commissioner of Energy and Environmental Protection on behalf of a group of producers, in a form and manner prescribed by the Commissioner of Energy and Environmental Protection. At the time of registration, each producer shall submit an initial registration fee of five hundred dollars in a manner prescribed by said commissioner. Any entity that becomes a producer for the first time on or after April 1, 2026, shall submit the registration and submit the initial registration fee required by this subparagraph not more than one hundred eighty days after such entity becomes a producer and shall register on the schedule specified in subdivision (2) of this subsection. Any producer that sold, offered for sale or distributed less than ten thousand plastic beverage containers or, in the aggregate, less than two hundred pounds of plastic that is not post-consumer recycled plastic shall not be required to pay the initial registration fee required by this subdivision.

(2) On or before April 1, 2031, and every five years thereafter, each producer that offered for sale, sold, or distributed plastic beverage containers in or into this state in the previous calendar year shall register with the Commissioner of Energy and Environmental Protection. In addition, each producer or representative submitting such a registration shall remit a registration fee in an amount to be determined by said commissioner. Such fee shall be scaled to reflect the market share of any such producer or representative during the preceding five calendar years, as determined using information provided in reports filed pursuant to subdivision (3) of this subsection, and shall be adequate to cover the department's cost to implement, administer, monitor and enforce the provisions of this section and shall be used exclusively for such purposes. The commissioner may modify the amount of such registration fee, including by setting a maximum amount for such fee, as necessary, to reflect updated implementation costs. Any producer that sold, offered for sale or distributed less than ten thousand plastic beverage containers or, in the aggregate, less than two hundred pounds of plastic that is not post-consumer recycled plastic, shall not be required to pay the registration fee required by this subdivision.

(3) Each producer shall submit a report to the Department of Energy and Environmental Protection, on or before April 1, 2026, and annually thereafter, identifying the brand names of the plastic beverage containers represented in the report as well as the weight, in pounds, of post-consumer recycled plastic, the weight, in pounds, of plastic that is not post-consumer recycled plastic and the percentage of post-consumer recycled plastic in the total weight of all plastic beverage containers the producer sold, offered for sale or distributed for sale in this state in such prior calendar year. The form and manner of the report shall be prescribed by the commissioner and each report shall be certified and such certification signed by an authorized official of the producer.

(g) Not more than once per calendar year, a producer may seek from the commissioner a waiver from the requirements of this section by filing a written request on a form prescribed by the commissioner. In seeking any such waiver, the producer shall set forth the specific basis upon which the waiver is claimed, indicate any applicable timeframe for such waiver request, submit such proof as the commissioner determines to be necessary and provide any other information specified by the commissioner. The commissioner shall consider written waiver requests submitted between the first day of September and the first day of October of each calendar year, and any approved waiver shall take effect the first day of January of the following calendar year. The commissioner may approve a waiver. In making such a determination, the commissioner may consider factors including, but not limited to, the availability of feedstock.

(h) The Commissioner of Energy and Environmental Protection may participate in the establishment and implementation of a multistate clearinghouse to assist in carrying out the requirements of this section. Any such clearinghouse shall assist in coordinating reviews of producer registrations, waiver requests and certifications, recommend acceptable third-party certifications and implement state reporting activities and any other related functions pursuant to this section. Notwithstanding the requirements of subsection (f) of this section, if the commissioner determines to participate in such a clearinghouse, such participation may provide producers the ability to register on a centralized portal offered by such clearinghouse in lieu of a state-specific portal provided such registration requirement shall not otherwise be affected by the use of any such centralized portal.

(P.A. 23-170, S. 1.)

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

(b) (1) Any person who violates any provision of subsection (a) of this section shall be fined not more than five hundred dollars. One-half of any fine collected pursuant to this subsection shall be payable to the state and one-half of such fine shall be payable to the municipality in which the arrest was made unless the arrest was made by a conservation officer, special conservation officer or patrolman appointed by the Commissioner of Energy and Environmental Protection under authority of section 26-5, in which case one-half of such fine shall be payable to the Department of Energy and Environmental Protection. Any municipality, after conducting a hearing in accordance with an ordinance adopted pursuant to section 7-152c, may assess a separate administrative penalty of not more than five hundred dollars upon the responsible party or property owner, as applicable, if such litter includes any item of furniture or any discarded item listed in subsection (d) of this section.

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

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

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

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

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

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

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

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

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

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

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

(P.A. 74-262, S. 4, 7; P.A. 78-319, S. 4, 15; P.A. 83-176, S. 2; P.A. 84-546, S. 73, 173; P.A. 85-446, S. 5; 85-613, S. 65, 154; P.A. 87-531, S. 4; P.A. 88-230, S. 1, 12; 88-320, S. 2; P.A. 90-98, S. 1, 2; P.A. 92-249, S. 3; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 01-204, S. 14; June Sp. Sess. P.A. 01-9, S. 73, 131; P.A. 02-15, S. 1; P.A. 05-234, S. 10; P.A. 11-80, S. 1; P.A. 16-122, S. 1; P.A. 23-33, S. 6.)

History: P.A. 78-319 made violations of Subsec. (d) of Sec. 22a-27b subject to penalty provisions of Subsec. (b) and added Subsec. (c) re required litter pickups as penalty for repeating offenders, effective January 1, 1980; Sec. 22a-27d transferred to Sec. 22a-87 in 1979; Sec. 22a-87 transferred to Sec. 22a-250 in 1983; P.A. 83-176 added Subsec. (d) which prohibits dumping and made any violation of the subsection an infraction; P.A. 84-546 made technical change in Subsecs. (a) and (d); P.A. 85-446 deleted previously existing penalty provisions and provided that violation of section shall be an infraction; P.A. 85-613 made technical changes to deleted provisions; P.A. 87-531 amended Subsec. (c) by deleting the penalty and adding provisions regarding investigation orders to remove material dumped in violation of the subsection and added Subsec. (d) establishing a civil penalty for violations of Subsec. (c); P.A. 88-230 replaced “judicial district of Hartford-New Britain at Hartford” with “judicial district of Hartford”, effective September 1, 1991; P.A. 88-320 amended Subsec. (b) to increase the penalty from an infraction to a fine of not more than $250, amended Subsec. (c) to provide that “dump” be defined as in Sec. 22a-248(12) and to add an exception for dumping on property which is a licensed facility, added new provisions in Subsec. (d), prohibiting dumping as defined in said subsection and relettered former Subsec. (d) as Subsec. (e), providing that any person who violates Subsec. (d) shall be liable for a civil penalty and authorizing the forfeiture, seizure and sale of any vehicle used in violation of Subsec. (d) and an appeals procedure; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 92-249 made a number of substantive and technical changes, including amending Subsec. (b) to make littering an infraction, amending Subsecs. (c) and (d) to provide that property owner's permission is not a defense under said subsections, adding new Subsecs. (e) to (g), inclusive, re commissioner's authority to issue orders, re municipal authority to issue orders and procedures therefor and re limits on state and local powers under this section, relettering former Subsec. (e) as new Subsec. (h) and changing civil penalty provisions and deleting vehicle forfeiture provisions therein; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 01-204 amended Subsec. (b) to change the penalty for violating Subsec. (a) from an infraction to a fine of not more than $199, half of which is payable to the state and the other half of which is payable to the enforcing municipality; June Sp. Sess. P.A. 01-9 revised effective date of P.A. 01-204 but without affecting this section; P.A. 02-15 made technical changes in Subsecs. (c) and (d); P.A. 05-234 amended Subsec. (a) to designate existing provision re littering upon any public property in the state as new Subdiv. (1), add new Subdiv. (2) re littering upon any public land in the state, designate existing provision re littering upon any private property in this state not owned by such person as Subdiv. (3), designate existing provision re littering in the waters of this state as Subdiv. (4), redesignate existing Subdivs. (1) and (2) as Subparas. (A) and (B), respectively, add definition of “public land” and make a technical change for purposes of gender neutrality and amended Subsec. (b) to designate existing provision re the amount of the fine and disposition thereof as Subdiv. (1) and amend said Subdiv. to replace provision that one-half of the fine is payable to the enforcing municipality with provision that one-half of the fine is payable to the municipality in which the arrest was made unless the arrest was made by a conservation officer, special conservation officer or patrolman appointed by the Commissioner of Environmental Protection in which case one-half of the fine is payable to the Department of Environmental Protection, add new Subdiv. (2) re the imposition of a surcharge upon conviction of a violation of Subsec. (a)(2) re littering upon public land and the disposition of such surcharge and designate existing provision re when operator of a vehicle is deemed to have committed the offense as Subdiv. (3), effective January 1, 2006; 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, in Subsec. (b), effective July 1, 2011; P.A. 16-122 amended Subsec. (b)(1) to add provision authorizing any municipality to assess separate administrative penalty of not more than $500 if litter includes any item of furniture or any discarded item listed in Subsec. (d); P.A. 23-33 increased maximum fine for littering from $199 to $500.

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