Sec. 22a-208a. Permit for construction, alteration or operation of solid waste facility. Application, fee. Unpermitted solid waste disposal areas. Modified permits. Hearing. General permits: Procedure
Sec. 22a-208a. Permit for construction, alteration or operation of solid waste
facility. Application, fee. Unpermitted solid waste disposal areas. Modified permits. Hearing. General permits: Procedures, regulations. Approval for demonstration project. (a) The Commissioner of Environmental Protection may issue, deny, modify, renew, suspend, revoke or transfer a permit, under such conditions as he may
prescribe and upon submission of such information as he may require, for the construction, alteration and operation of solid waste facilities, in accordance with the provisions
of this chapter and regulations adopted pursuant to this chapter. Notwithstanding the
provisions of this section, the commissioner shall not issue (1) a permit for a solid
waste land disposal facility on former railroad property until July 1, 1989, unless the
commissioner makes a written determination that such facility is necessary to meet the
solid waste disposal needs of the state and will not result in a substantial excess capacity
of solid waste land disposal areas or disrupt the orderly transportation of or disposal of
solid waste in the area affected by the facility, or (2) an operational permit for a resources
recovery facility unless the applicant has submitted a plan pursuant to section 22a-208g
for the disposal or recycling of ash residue expected to be generated at the facility in
the first five years of operation. In making a decision to grant or deny a permit to construct
a solid waste land disposal facility, including a vertical or horizontal landfill expansion,
the commissioner shall consider the character of the neighborhood in which such facility
is located and may impose requirements for hours and routes of truck traffic, security
and fencing and for measures to prevent the blowing of dust and debris and to minimize
insects, rodents and odors. In making a decision to grant or deny a permit to construct
or operate a new transfer station, the commissioner shall consider whether such transfer
station will result in disproportionately high adverse human health or environmental
effects. In making a decision to grant or deny a permit to construct an ash residue disposal
area, the commissioner shall consider any provision which the applicant shall make for
a double liner, a leachate collection or detection system and the cost of transportation
and disposal of ash residue at the site under consideration.
(b) No person or municipality shall establish, construct or operate a solid waste
facility without a permit issued by the commissioner under this section. An application
for such permit shall be submitted on a form prescribed by the commissioner, include
such information as the commissioner may require, including, but not limited to, a closure plan for such facility, and be accompanied by a fee prescribed in regulations adopted
in accordance with chapter 54. Notwithstanding any provision of the general statutes
or any regulation adopted pursuant to said statutes, references to a permit to construct
or a permit to operate in a regulation adopted pursuant to section 22a-209 shall be deemed
to mean a permit as required by this subsection. The applicant shall send a written
notification of any application for such permit to the chief elected official of each municipality in which the proposed facility is to be located, within five business days of the
date on which any such application is filed.
(c) Upon written notice from the commissioner and in accordance with a schedule
specified by the commissioner in such written notice, any person or municipality that
owns an unpermitted solid waste disposal area shall (1) submit a closure plan for the
commissioner's review and written approval, provide public notice of such proposed
plan in a manner prescribed by regulations adopted pursuant to section 22a-133k and
close and maintain such area after closure in accordance with the approved closure plan,
or (2) remediate such disposal area in accordance with a remediation plan approved by
the commissioner or verified by a licensed environmental professional pursuant to section 22a-133x, 22a-133y or 22a-134a or pursuant to an order of the commissioner. A
fee of three thousand dollars shall accompany any closure plan submitted pursuant to
this subsection. The commissioner may require the owner of a solid waste disposal area
to post sufficient performance bond or other security to ensure compliance with the
approved closure plan. The commissioner may approve a modification to a closure plan
for a solid waste disposal area. A fee of five hundred dollars shall accompany the request
for such modification. The commissioner may reduce or waive the fees required by this
subsection in cases of financial hardship and may modify such fees in regulations
adopted in accordance with chapter 54. The commissioner may require a person or
municipality to provide public notice of a proposed modification of a closure plan if the
modification involves any activity that would disrupt the solid waste or change the use
of the solid waste disposal area. Notwithstanding the provisions of this subsection, the
commissioner may order a person or municipality that establishes or constructs a solid
waste disposal area without first obtaining a permit as required by subsection (b) of this
section to remove any solid waste disposed at such area, to remediate any pollution
caused by such waste, and to properly dispose of such waste at a lawfully operated solid
waste facility.
(d) (1) No person or municipality that holds a permit issued under this section shall
alter the design or method of operation of the permitted facility without first obtaining
a modified permit. For the purposes of this section and sections 22a-208, 22a-208b,
22a-220a, 22a-225 and 22a-226, "alter" means to change to any substantive degree the
design, capacity, volume process or operation of a solid waste facility and includes, but
is not limited to, changes in the approved capacity or composition of solid waste disposed
of, processed, reduced, stored or recycled at the facility. The commissioner may approve,
in writing, a modification of a closure plan for a closed permitted solid waste disposal
area without modifying the permit for such area. The commissioner may require a person
who, or a municipality that, requests such modification to provide public notice of a
proposed modification of a closure plan if the modification involves any activity that
would disrupt the solid waste or change the use of the solid waste disposal area. A fee
of five hundred dollars shall accompany any request for such modification of a closure
plan. The commissioner may reduce or waive such fee in cases of financial hardship
and may modify such fee in accordance with regulations adopted in accordance with
chapter 54.
(2) Changes in design, processes or operations, including the addition of thermal
oxidizers or other air pollution control equipment, made to mitigate, correct or abate
odors from a solid waste facility that is owned or operated by the Connecticut Resources
Recovery Authority and that contracts with more than fifty municipalities, shall not be
considered an alteration requiring a modified permit or minor permit amendment under
this chapter. In addition, notwithstanding any provision of the general statutes or regulation adopted pursuant to said statutes, any such change shall not be considered a modification or new stationary source requiring a permit to construct or operate under chapter
446c or under any regulation adopted pursuant to chapter 446c, unless such change is
a major modification or a major stationary source requiring a permit under the federal
Clean Air Act Amendments of 1990. Any person making any such change to an odor
control system at such a facility shall, not more than thirty days after making such
change, submit a written report to the commissioner fully describing the changes made
and the reason for such changes for the commissioner's review and comment. Nothing
in this subdivision shall affect the commissioner's authority to take any other action to
enforce the requirements of this title.
(e) The commissioner may hold a public hearing prior to approving or denying an
application if in his discretion the public interest will be best served thereby, and shall
hold a hearing upon receipt of a petition signed by at least twenty-five persons. The
commissioner may amend a permit to construct or to operate, without hearing, for minor
changes in the facility design, practices or equipment that would not in his judgment
significantly change the nature of the facility or its impact on the environment. Notwithstanding the provisions of this subsection, the commissioner shall conduct a public
hearing on an application for a permit to construct a new solid waste disposal area. Such
public hearing shall be commenced in the municipality in which the facility is to be
located or a location in close proximity to said municipality. Notwithstanding the provisions of this subsection, if a hearing has been held on and after July 1, 1993, on an
application for a permit to construct or alter a solid waste facility, the commissioner
shall not hold a hearing on an application for a permit to operate such facility.
(f) The qualifications of the operator or operators of any solid waste facility and any
person other than a municipality owning such a facility shall be subject to the approval of
the commissioner. The commissioner shall establish requirements for the presence of
approved operators at solid waste facilities. The commissioner may develop, offer or
sponsor training programs for operators of solid waste facilities and require participation
therein.
(g) Whenever the commissioner issues a permit to construct a solid waste facility,
he shall cause a certified copy thereof to be filed on the land records in the town wherein
the facility will be located.
(h) On and after July 1, 1996, fees required pursuant to this section shall be as
prescribed by regulations adopted by the commissioner in accordance with chapter 54.
In adopting regulations pursuant to this section the commissioner shall perform an evaluation of the actual costs necessary to process, review and render a decision on permit
applications reflecting the time, resource commitments and expenses to the Department
of Environmental Protection. A similar review shall be performed for annual fees sufficient to represent the actual time to perform and review routine inspections, perform
general monitoring of activities and perform appropriate follow-up on results of such
activities. For both application fees and annual fees, the commissioner shall include a
description of methods used to calculate the costs associated with similar categories of
activities in order to demonstrate that the fees for activities within any category are
equitable.
(i) (1) The commissioner may issue a general permit for a category of activities
which require a permit under this section, except for an activity which is already covered
by an individual permit, provided the issuance of the permit is not inconsistent with the
requirements of the federal Resource Conservation and Recovery Act. The commissioner's authority to issue a general permit for certain categories of solid waste facilities
shall not include the authority to issue a general permit for resources recovery facilities,
biomedical waste facilities, solid waste disposal areas or municipal solid waste composting facilities. Any person or municipality conducting an activity for which a general
permit has been issued shall not be required to obtain an individual permit under this
section, except as provided in subdivision (3) of this subsection. The general permit
may regulate a category of activities which (A) involve the same or substantially similar
types of operations, (B) involve the transfer, storage, processing or disposal of the same
types of substances, (C) require the same operating conditions or standards, and (D)
require the same or similar monitoring, and which in the opinion of the commissioner
are more appropriately controlled under a general permit than under an individual permit.
The general permit may require any person or municipality proposing to conduct any
activity under the general permit to register such activity with the commissioner before
it is covered by the general permit. Registration shall be on a form prescribed by the
commissioner.
(2) Notwithstanding any provisions of this section, or any regulations adopted thereunder, or of chapter 54, the following procedures shall apply to the issuance, renewal,
modification, revocation or suspension of a general permit. (A) A general permit shall
be issued for a term specified by the permit and shall clearly define the activity covered
thereby and may include such conditions and requirements as the commissioner deems
appropriate, including but not limited to, operation and maintenance requirements, management practices, and reporting requirements; (B) the commissioner shall publish notice of intent to issue a general permit in a newspaper having a substantial circulation
in the affected area; (C) there shall be a comment period of thirty days following publication of such notice during which interested persons may submit written comments to
the commissioner; and (D) the commissioner shall publish notice of the issuance or
decision not to issue a general permit in a newspaper having substantial circulation in
the affected area. The commissioner may revoke, suspend or modify a general permit
in accordance with the notice and comment procedures for issuance of a general permit
specified in this subsection. Any person may request that the commissioner issue, modify, suspend or revoke a general permit in accordance with this subsection.
(3) Subsequent to the issuance of a general permit, the commissioner may require
a person or municipality whose activity is or may be covered by the general permit to
apply for and obtain an individual permit pursuant to subsections (a), (b), (c) and (d) of
this section if he determines that an individual permit would better protect the land, air
and waters of the state from pollution. The commissioner may require an individual
permit under this subdivision in cases including, but not limited to the following: (A)
When the owner or operator is not in compliance with the conditions of the general
permit; (B) when a change has occurred in the availability of demonstrated technology
or practices for the control or abatement of pollution applicable to the activity; (C) when
circumstances have changed since the time of the issuance of the general permit so that
the activity is no longer appropriately controlled under the general permit, or either a
temporary or permanent reduction or elimination of the authorized activity is necessary;
or (D) when a relevant change has occurred in the applicability of the federal Resource
Conservation and Recovery Act. In making the determination to require an individual
permit, the commissioner may consider the location, character and size of the activity,
and any other relevant factors. The commissioner may require an individual permit
under this subdivision only if the affected person or municipality covered by the general
permit has been notified in writing that a permit application is required. This notice shall
include a brief statement of the reasons for this decision, an application form, a statement
setting a time for the person or municipality to file the application, and a statement that
on the effective date of the individual permit the general permit as it applies to the
individual permittee shall automatically terminate. The commissioner may grant an
extension of time upon the request of the applicant. The applicant shall use his best efforts
to obtain the individual permit. Any interested person or municipality may petition the
commissioner to take action under this subdivision.
(4) The commissioner may adopt regulations, in accordance with the provisions of
chapter 54, to carry out the purposes of this subsection.
(j) The Commissioner of Environmental Protection may issue an approval for a
demonstration project for any activity regulated by the commissioner under this chapter
provided the commissioner determines that such demonstration project (1) is necessary
to research, develop or promote methods and technologies of solid waste management
which are consistent with the goals of the state solid waste management plan; (2) does
not pose a significant risk to human health or the environment; and (3) is not inconsistent
with the federal Water Pollution Control Act, the federal Rivers and Harbors Act, the
federal Clean Air Act or the federal Resource Conservation and Recovery Act. An
application for such approval shall be on a form prescribed by the commissioner, be
accompanied by a fee of one thousand dollars and shall provide such information as
the commissioner deems necessary. Any person applying for such approval shall not
commence the project prior to the commissioner's written approval. The commissioner
may impose conditions upon such approval as deemed necessary to adequately protect
human health and the environment or to ensure project success and such approval shall
be valid for a period of not more than two years. The commissioner may renew such
approval provided the total period of approval does not exceed five years. The commissioner may order summary suspension of any such approval in accordance with subsection (c) of section 4-182. Notwithstanding the renewal process, any person may seek,
or the commissioner may require, that the project obtain a general or individual permit
pursuant to this chapter.
(P.A. 85-334, S. 2, 8; 85-613, S. 147, 154; P.A. 86-403, S. 51, 132; P.A. 87-465, S. 2, 3; 87-531, S. 2, 6; 87-556, S. 1,
2; P.A. 89-386, S. 3, 24; P.A. 90-231, S. 8, 28; P.A. 91-251, S. 1, 3, 4; 91-369, S. 14, 15, 36; P.A. 92-162, S. 6, 25; May
Sp. Sess. P.A. 92-11, S. 48, 70; P.A. 93-428, S. 14, 39; P.A. 94-205, S. 3; P.A. 95-99, S. 1, 5; P.A. 97-124, S. 1, 16; 97-300, S. 2, 4; P.A. 00-23, S. 1, 2; May Sp. Sess. P.A. 04-2, S. 50; P.A. 06-76, S. 24; P.A. 08-124, S. 21; 08-186, S. 4.)
History: P.A. 85-613 amended Subsec. (b) to replace "for which a permit to construct is required" with "without a
permit to construct"; P.A. 86-403 made several technical changes and added Subsec. (h) concerning the denial of permits
to violators of state or federal environmental laws; P.A. 87-465 amended Subsec. (a) to require the commissioner until
July 1, 1989, to make a written determination of the need for a solid waste land disposal facility on former railroad property
and amended Subsec. (h) to extend provisions re conviction of violations to agent responsible for management practices
and to require consideration of applicants' and agents' compliance with environmental laws; P.A. 87-531 amended Subsec.
(a) to require the commissioner to consider the character of the neighborhood in granting or denying permits, amended
Subsec. (e) to require a public hearing on applications to construct solid waste land disposal facilities and amended Subsec.
(h) to extend provisions re conviction of violation of environmental laws to applications for the transfer of a permit; P.A.
87-556 added Subsec. (i) requiring the commissioner to make a written determination that a facility is necessary to meet
state solid waste disposal needs; P.A. 89-386 amended Subsec. (a) to require that resources recovery facilities have a plan
for disposal or recycling of ash residue and deleted Subsec. (i) concerning written determination of need by the commissioner; P.A. 90-231 amended Subsec. (a) to establish a schedule of application fees, provided that on and after July 1,
1995, the fees shall be prescribed by regulations, added Subsecs. (i) to (p), inclusive, re payment of annual fees by resources
recovery facilities, transfer stations, volume reduction plants, biomedical waste treatment facilities, wood-burning facilities,
solid waste disposal areas, solid waste disposal areas accepting bulky waste and generators of biomedical waste, respectively, and added Subsec. (q) re regulations establishing fees on and after July 1, 1995; P.A. 91-251 amended Subsec. (e)
to replace reference to "solid waste land disposal facility" with reference to "new solid waste disposal area", and to provide
for commencement of public hearings conducted under this section in the affected municipality or a location in close
proximity thereto and added Subsec. (r) concerning general permits for certain categories of activities; P.A. 91-369 amended
Subsec. (a) to restate commissioner's authority to adopt regulations setting the fees required by this section and amended
Subsec. (p) to modify the amount of biomedical waste generated annually which requires reporting under this section;
P.A. 92-162 amended Subsec. (e) to delete requirement that hearing be held on applications under this section for landfill
expansions; May Sp. Sess. P.A. 92-11 amended Subsec. (a) to require the commissioner, in making a decision to grant or
deny a permit to construct an ash residue disposal area, to consider any provision for a double liner, leachate collection or
detection system and the cost of transportation and disposal of ash residue at the site under consideration; P.A. 93-428
amended Subsec. (e) to delete a requirement for hearings on permits to operate for facilities which have had a hearing on
a permit to construct on or after July 1, 1993, effective July 1, 1993; P.A. 94-205 amended Subsec. (c) to include provision
re ash landfill in Hartford and deleted former Subsec. (h) re review of permit applicant's compliance history, relettering
remaining Subsecs. as necessary; P.A. 95-99 amended Subsec. (p) to delay until July 1, 1996, a provision authorizing fees
to be set by regulation and to require an evaluation of the costs of rendering decisions on permit applications and an
evaluation of annual fees, effective July 1, 1995; P.A. 97-124 deleted provisions in Subsec. (a) and former Subsecs. (h) to
(o), inclusive, re amounts of fees for permits under this section and redesignated Subsecs. (p) and (q) as Subsecs. (h) and
(i), effective June 6, 1997; P.A. 97-300 amended Subsec. (a) to prohibit establishment or construction of a new volume
reduction plant or transfer station within one-quarter mile of a child day care center in a municipality with a population
greater than 100,000 persons, effective July 8, 1997; P.A. 00-23 amended Subsec. (d) by designating existing language as
Subdiv. (1), making conforming changes therein, and inserting new Subdiv. (2) re changes to mitigate, correct or abate
odors from solid waste facility owned or operated by the Connecticut Resources Recovery Authority, effective April 25,
2000; May Sp. Sess. P.A. 04-2 amended Subsec. (a) to require commissioner to consider whether new transfer station will
result in disproportionately high adverse human health or environmental effects and to make a technical change; P.A. 06-76 amended Subsec. (a) to delete provision re prohibition on permits to establish or construct new volume reduction plant
or transfer station within one-quarter mile of certain child day care centers and to delete provision re modification or renewal
of permit of existing volume reduction plant or transfer station without regard to location, replaced former provisions of
Subsec. (b) re permit approval by commissioner and safeguarding localities' right to zone for solid waste disposal with
new permitting requirements for establishing, constructing or operating a solid waste facility, and amended said Subsec.
to replace "commissioner" with "applicant" and make technical changes, replaced former provisions of Subsec. (c) with
new provisions re submission of closure plan and remediation in accordance with such plan, and amended Subsec. (d)(1)
to rephrase requirement for modified permit for an altered solid waste facility, to redefine "alter" and to add provision re
commissioner's approval of modification of closure plan for a closed permitted solid waste disposal area; P.A. 08-124 made
technical changes in Subsecs. (b), (c) and (d)(1), effective June 2, 2008; P.A. 08-186 added Subsec. (j) re Commissioner of
Environmental Protection's approval for demonstration projects, subject to certain conditions.
See Sec. 22a-6m re review of permit applicant's compliance history.
See Sec. 22a-6n re notice of commissioner's determination regarding application under this section.
See Sec. 22a-6z re regulations implementing Subtitle C of the Resource Conservation and Recovery Act of 1976.
See Sec. 22a-27i re exemption of municipality for one year.
See Sec. 22a-208l re wood-burning facilities.
Cited. 215 C. 82. Cited. 218 C. 821. Cited. 226 C. 205. Cited. 227 C. 175. P.A. 89-386 cited. Id. Cited. 233 C. 486.
Cited. 234 C. 312. Whether statute accords with due process and equal protection was not properly reserved. 247 C. 751.
Cited. 17 CA 17; judgment reversed, see 21 C. 570. As creature of the state, a town or city may not challenge an agency's
duly enacted regulations on constitutional grounds. 62 CA 816.
Subsec. (a):
1997 amendment prohibiting establishment or construction of new plant or station within 1/4 mile of day care center
operating as of July 8, 1997, in municipality with population greater than 100,000 persons violates right to equal protection
guaranteed by Connecticut constitution, Article first, secs. 1 and 20 by creating classifications unrelated to legitimate state
interest. 257 C. 429.
Subsec. (b):
Cited. 218 C. 580. Cited. 225 C. 731. Cited. 234 C. 221.
Overrode local zoning only as to property owned by Connecticut resources recovery authority. Judgment of appellate
court in 17 CA 17 reversed, see 212 C. 570.
Subsec. (c):
Cited. 218 C. 580.
Subsec. (d):
Cited. 234 C. 221.