Sec. 22a-126. Use of facility after postclosure period. Disposal Facility Trust Fund.
Sec. 22a-126. Use of facility after postclosure period. Disposal Facility Trust
Fund. (a) After the period of postclosure, the commissioner shall determine by a procedure established under the provisions of regulations adopted in accordance with the
provisions of subsection (d) of section 22a-116, if the hazardous waste facility has a
reasonable alternative use. If the commissioner determines that the hazardous waste
facility has a reasonable alternative use, he shall so certify. If the commissioner determines that the hazardous waste facility has no reasonable alternative use, the owner
may transfer ownership of such facility to the state without compensation. After transfer
the hazardous waste facility shall be under the jurisdiction of the commissioner who
shall provide for its monitoring, maintenance and care. All claims for injuries incurred
after transfer of ownership shall be against the state. The state shall not be liable for
injuries incurred prior to the transfer of ownership.
(b) A Disposal Facility Trust Fund shall be established and financed by annual
assessments levied on the owners or operators of all hazardous waste land disposal
facilities and by the owners or operators of hazardous waste nonland disposal facilities
in amounts to be determined by the commissioner. Each owner or operator of an assessed
facility shall pay an amount fixed by the commissioner based on the volume, type, or
weight of hazardous waste processed at such facility. The aggregate paid yearly by all
those assessed shall not be more than one million dollars. The assessment imposed on
any owner or operator of a hazardous waste facility shall be limited to one per cent of
the gross revenues of each facility owned or operated. The method and amount of payment shall be fixed by the commissioner under the provisions of regulations adopted in
accordance with chapter 54. When the fund balance exceeds ten million dollars, upon
determination by the commissioner, no further assessments shall be made. When the
balance of the fund is less than ten million dollars, the commissioner may reinstitute
imposition and collection of the assessment. The fund shall be used for costs incurred
by the Department of Environmental Protection for monitoring and maintenance of any
hazardous waste facility and for any liability of the state pursuant to subsection (a) of
this section. The fund shall also be used to cover any liability incurred during the hazardous waste facility operation, closure and postclosure period not covered by the operator's
financial responsibility requirements under subsection (d) of section 22a-122. The fund
shall be used only if costs are not paid from funds established in accordance with the
provisions of the federal Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (P.L. 96-510). In determining assessments for the Disposal Facility
Trust Fund, the commissioner shall consider assessments levied pursuant to said act
and assessments levied pursuant to this section shall be limited to an amount required
to meet costs not paid from funds established pursuant to said act. Payments from the
fund shall be made by the Treasurer upon authorization of the commissioner.
(P.A. 81-369, S. 11, 20; P.A. 82-472, S. 156, 183.)
History: P.A. 82-472 provided in Subsec. (a) that the regulations be adopted in accordance with Sec. 22a-116(d), rather
than Ch. 54 of the general statutes.
Secs. 22a-114-22a-130 cited. 207 C. 706.