Sec. 22a-137. Burial of nuclear radioactive waste regulated. Certain low-level wastes exempted.
Sec. 22a-137. Burial of nuclear radioactive waste regulated. Certain low-level
wastes exempted. (a) No individual, partnership, corporation or association, or state
or local government or political subdivision or instrumentality thereof shall bury any
nuclear radioactive waste within this state unless the General Assembly finds that the
burial of such waste will not have a significant adverse effect upon the public health,
safety and welfare of the state and approves, by special act, the burial of such waste.
An application to bury such waste shall be submitted to the speaker of the House of
Representatives and the president pro tempore of the Senate and shall be referred by
them to the joint standing committee of the General Assembly having cognizance of
matters relating to the environment.
(b) Upon receipt of an application to bury nuclear radioactive waste, the committee
shall notify the Commissioner of Environmental Protection and the Commissioner of
Public Health and said commissioners shall submit to said committee, within forty-five
days, an evaluation of the impact of the proposed burial upon the state.
(c) Within sixty days of receipt of an application the committee shall hold a public
hearing. Notice of the hearing shall be published for two consecutive weeks in a newspaper having general circulation in the county in which the proposed burial site is to be
located, the last publication to be at least two weeks prior to the date of the hearing. Not
less than thirty days prior to such public hearing, the committee shall give notice of
such hearing by certified mail, return receipt requested, to the legislative body and the
regional planning agency for the municipality in which the proposed burial site is to be
located and for each contiguous municipality.
(d) The committee shall report to the General Assembly its recommendation for
approval or disapproval of the proposed burial and burial site. A recommendation for
approval of the proposed burial and burial site shall include findings that such burial
and burial site: (1) Will not have a significant adverse effect upon the health, safety, air
or water quality, or the economy of the affected region and (2) will not significantly
interfere with the orderly development of such region with due consideration having
been given to any recommendations of the regional planning agencies and the municipal
legislative bodies.
(e) No state officer, agency or department shall approve or license any proposed
burial or burial site or obtain any such approval or license from any state or federal
agency or board unless such proposed burial and burial site have been approved by
special act of the General Assembly.
(f) The provisions of this section shall not apply to the disposal of low-level radioactive waste in accordance with the provisions of sections 22a-161 to 22a-162a, inclusive.
(P.A. 79-488, S. 1-3; P.A. 91-337, S. 3, 15; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 06-76, S. 10.)
History: P.A. 91-337 replaced existing Subsec. (f) re burial of certain waste with provisions re burial of low-level
radioactive waste in accordance with the provisions of Secs. 22a-161 to 22a-165f, inclusive; P.A. 93-381 authorized
substitution of commissioner and department of public health and addiction services for commissioner and department of
health services, effective July 1, 1993; 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; P.A. 06-76 amended Subsec. (f) to
replace reference to Sec. 22a-165f with reference to Sec. 22a-162a.