Sec. 22a-119. Hearing on application. Appointment of ad hoc members. Notice. Comments by state agencies.
Sec. 22a-119. Hearing on application. Appointment of ad hoc members. Notice. Comments by state agencies. (a) Upon receipt by the council of an application
for a certificate, or an application for the amendment or transfer of a certificate, which
meets the requirements of section 22a-118, the council shall immediately notify the
Governor and the chief elected official of the municipality or municipalities in which
the proposed facility is to be located. The ad hoc members of the council shall be appointed within thirty days after the filing of the application. If the chief elected official
does not appoint the members within thirty days, the council shall appoint them within
ten days thereafter. Within sixty days after receipt of the application, the council shall
hold a meeting at which a date and location for the commencement of a public hearing
on the application shall be established, which public hearing shall begin not more than
one hundred eighty days after receipt of such application. At least one session of such
hearing shall be held after six-thirty p.m. for the convenience of the general public. Such
hearing shall be held at a location selected by the council, in the municipality in which
the proposed facility is to be located. If the proposed facility is to be located in more
than one municipality, the council shall fix the location for a public hearing in whichever
municipality it determines is most appropriate, provided the council may hold hearings
in more than one municipality.
(b) The council shall give not less than thirty days notice of the commencement of
the hearing by mailing a notice of the date, time and location of the commencement of
the hearing to the applicant and each person entitled under subsection (e) of section 22a-118 to receive a copy of the application. The council shall also cause a notice of the
date and location of the commencement of the hearing to be published, in ten-point
boldface type, in a newspaper of general circulation in each municipality in which the
proposed facility is to be located at least twenty days prior to the commencement of the
hearing.
(c) Hearings shall be held before a majority of the members of the council.
(d) During any hearing held pursuant to this section, the council shall take notice
of facts in a manner provided by section 4-178.
(e) Prior to commencing any hearing pursuant to this section the council shall consult with and solicit written comments from the Departments of Environmental Protection, Public Health, Public Utility Control, Economic and Community Development,
Public Safety and Transportation, the Office of Policy and Management and the Council
on Environmental Quality. Copies of comments submitted by such agencies shall be
available to all parties prior to commencement of the public hearing. Agencies consulted
may file additional comments within thirty days of the conclusion of the hearing and
such additional comments shall be a part of the record.
(f) The council shall render its decision within twelve months of receipt of the
application except that such time limit may be extended one hundred eighty days by
agreement of the council and applicant. If the council fails to render a decision within
such period, the applicant may apply to the superior court for the judicial district of
Hartford for an order requiring the council to render a decision immediately. The provisions of this subsection shall apply to an application filed before, on or after April
18, 1988.
(P.A. 80-472, S. 6, 14; P.A. 81-369, S. 7, 20; P.A. 84-307, S. 1, 3; P.A. 88-121, S. 2, 3; 88-230, S. 1, 12; 88-364, S. 37,
82, 123; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-381, S. 9, 39; P.A. 95-220, S. 4-6; 95-250, S. 1; 95-257, S. 12, 21,
58; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 80-472 effective July 1, 1981, with respect to this section; P.A. 81-369 replaced board and environmental
protection commissioner with council, amended Subsec. (a) to establish time limits for procedures for the appointment of
ad hoc members including a time period within which members must be appointed and increased time limit for hearing
from 120 to 180 days after application, added Subsec. (e) requiring the council consult with and solicit written comments
from state agencies on the application and added Subsec. (f) requiring the council to render its decision within one year
of application, except upon mutual agreement of the council and applicant; P.A. 84-307 amended Subsec. (f) by decreasing
the time allowed for the council's decision from one year to ten months; P.A. 88-121 amended Subsec. (f) increasing the
council's time to render decisions on applications and specifying retroactive applicability; P.A. 88-230 replaced "judicial
district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-364 made
technical changes in Subsec. (f); P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September
1, 1993; 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. 93-381 replaced department of health services with department of public health and addiction services,
effective July 1, 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. 95-250 and P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development; P.A. 95-257 replaced Commissioner
and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective
July 1, 1995.
Secs. 22a-114-22a-130 cited. 207 C. 706.