Sec. 22a-207. (Formerly Sec. 19-524a). Definitions.
Sec. 22a-207. (Formerly Sec. 19-524a). Definitions. For the purposes of this
chapter and chapter 103b:
(1) "Commissioner" means the Commissioner of Environmental Protection or his
authorized agent;
(2) "Department" means the Department of 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 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;
(9) "Resources recovery facility" means a facility utilizing processes to reclaim
energy from municipal solid waste;
(10) "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;
(11) "Municipality" means any town, city or borough within the state;
(12) "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;
(13) "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;
(14) "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;
(15) "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;
(16) "Municipal collection" means solid waste collection from all residents thereof
by a municipal authority;
(17) "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;
(18) "Solid waste planning region" means those municipalities within the defined
boundaries of regional planning agencies or as prescribed in the state solid waste management plan;
(19) "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;
(20) "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;
(21) "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;
(22) "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;
(23) "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;
(24) "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;
(25) "Person" has the same meaning as in subsection (c) of section 22a-2;
(26) "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.
(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.)
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.
Cited. 192 C. 591. Cited. 225 C. 731. Cited. 227 C. 175.
Cited. 17 CA 17; judgment reversed, see 212 C. 570.
Subdiv. (1):
Cited. 234 C. 312.
Subdiv. (2):
Cited. 234 C. 312.
Subdiv. (3):
Cited. 215 C. 82. Cited. 218 C. 580. Cited. 226 C. 205. Cited. 239 C. 284.
Subdiv. (4):
1971, P.A. 845, S. 1(d) cited. 17 CA 17; judgment reversed, see 212 C. 570. Cited. 215 C. 82. Cited. 218 C. 580. Cited.
224 C. 627. Cited. 226 C. 205.
Subdiv. (5):
Cited. 215 C. 82.
Subdiv. (6):
Cited. 215 C. 82. Cited. 218 C. 580. Cited. 226 C. 205.
Subdiv. (9):
Cited. 224 C. 627.