Sec. 22a-208d. Written determination of need for resources recovery facility, composting facility or ash residue disposal area.
Sec. 22a-208d. Written determination of need for resources recovery facility,
composting facility or ash residue disposal area. (a) On and after July 1, 1989, the
Commissioner of Environmental Protection shall not issue a permit under section 22a-208a to construct or expand a resources recovery facility or a mixed municipal solid
waste composting facility where any mixed municipal solid waste will be processed
or a disposal area for ash residue generated by resources recovery facilities or mixed
municipal solid waste unless said commissioner makes a written determination that such
facility or disposal area is necessary to meet the solid waste disposal needs of the state
and will not result in substantial excess capacity of resources recovery facilities, disposal
areas or mixed municipal solid waste composting facilities.
(b) The commissioner shall publish, at the expense of the applicant, notice of the
preliminary determination of need for the proposed facility or disposal area in a newspaper having a substantial circulation in the area affected. Publication shall be within sixty
days of determination by the commissioner that the application is complete. Any person
may submit written comments on the preliminary determination of need in the same
manner as provided by the commissioner for the submission of comments on the application. The commissioner shall not make a final determination of need for the facility or
disposal area unless a permit is issued. A preliminary determination of need shall be
void if a permit is not issued. As used in this section, "preliminary determination of
need" means a statement by the commissioner of the need for a resources recovery
facility, a mixed municipal solid waste composting facility or disposal area during the
pendency of an application to construct such facility or area.
(c) (1) The applicant for a permit to construct or expand a resources recovery facility or a mixed municipal solid waste composting facility requiring a determination of
need under subsection (a) shall provide such information as the commissioner deems
necessary, including but not limited to:
(A) The design capacity of the proposed facility;
(B) The planned operating rate and throughput for the facility;
(C) An explanation of any difference between the information provided under subdivisions (A) and (B);
(D) The estimated amount of the following: (i) The mixed municipal solid waste
generated by and received from each municipality and other customers that will send
waste to the facility, in tons per day evidenced by contracts or letters of intent, (ii)
the mixed municipal solid waste to be recycled pursuant to regulations adopted by the
commissioner under section 22a-241b and (iii) change in the amount of mixed municipal
solid waste generated because of population growth, waste generation, source reduction
and industrial and commercial development over the design life of the facility. Information submitted under this subdivision shall include the methodology used to determine
the estimates;
(E) A contingency plan for use of facility capacity if throughput declines or increases by at least ten per cent from the throughput estimated in the application;
(F) An analysis of reasonable levels of reserve capacity for seasonal peaks and
unexpected facility outages;
(G) The capability of the applicant to complete the project;
(H) The technical feasibility of the proposed facility; and
(I) A demonstration that the throughput capacity of the proposed facility, when
combined with the throughput capacity of all other resources recovery facilities with
permits to construct under the provisions of section 22a-208a, existing resources recovery facilities with construction permits to expand and mixed municipal solid waste composting facilities, shall not exceed the total throughput capacity of resources recovery
facilities and mixed municipal solid waste composting facilities needed to process waste
generated in the state as set forth in the solid waste management plan adopted pursuant
to section 22a-228.
(2) In making the determination required under this section, the commissioner shall
consider the information submitted under subdivision (1) of this subsection, the current
and anticipated availability of throughput capacity for mixed municipal solid waste at
resources recovery facilities, mixed municipal solid waste composting facilities, land
disposal areas, recycling facilities and other facilities that process or dispose of mixed
municipal solid waste that have obtained all necessary permits to construct and any
other information the commissioner deems pertinent and shall insure that no waste is
accounted for more than once as a result of transfer from one vehicle or facility to another
or for any other reason.
(d) (1) The applicant for a permit to construct a disposal area for ash residue generated by resources recovery facilities or mixed municipal solid wastes which requires a
certificate of need under subsection (a) of this section shall submit such information as
the commissioner deems necessary, including but not limited to, (A) the name of the
resources recovery facilities or municipalities to be served by the disposal area; (B) the
transportation system needed to serve the disposal area; (C) the available capacity of
other disposal areas for ash residue or mixed municipal solid waste in the state that
have obtained all necessary permits to construct; and (D) the design capacity of the
disposal area.
(2) In making the determination required under this subsection, the commissioner
shall consider the information submitted pursuant to subdivision (1) of this subsection
and any other information the commissioner deems pertinent.
(e) The provisions of this section shall apply to any application for a permit under
section 22a-208a for a resources recovery facility, for a disposal area for ash residue
generated by resources recovery facilities, for a mixed municipal solid waste composting
facility or for a disposal area for mixed municipal solid wastes which is pending on or
submitted after July 1, 1989.
(f) This section shall not apply to an application for a permit or permit modifications
of any resources recovery facility operating as of June 30, 1993, provided there is no
expansion after that date of the facility's boilers or waste handling and processing equipment. Any such facility shall comply with all applicable environmental laws and regulations. Nothing in this subsection and no action taken by the commissioner pursuant
hereto shall validate or invalidate any permit or determination of need issued or approved
prior to June 30, 1993, for any resources recovery facility not operating as of that date, or
otherwise affect any action of the commissioner, proceedings or judicial review relating
thereto, pending on or commenced after that date.
(P.A. 89-386, S. 4, 24; P.A. 91-293, S. 3, 9; P.A. 92-162, S. 21, 25; May Sp. Sess. P.A. 92-11, S. 47, 70; P.A. 93-372,
S. 3, 4.)
History: P.A. 91-293 applied provisions of section to mixed municipal waste composting facilities; P.A. 92-162 amended
Subsec. (d) to add leachate control systems and cost of transportation of ash residue as considerations the commissioner
must make under this section before making the determination of need; May Sp. Sess. 92-11 deleted provisions enacted
by public act 92-162 except for substitution of "section" for "subsection" in Subdiv. (2); P.A. 93-372 added Subsec. (f)
exempting certain facilities from the provisions of the section requiring a certificate of need to modify the facility, effective
June 30, 1993; (Revisor's note: In 1999 the word "the" preceding the reference to June 30, 1993, in Subsec. (f) was deleted
editorially by the Revisors to correct a clerical error).
See Sec. 22a-207a for definition of "composting", "mixed municipal solid waste" and "mixed municipal solid waste
composting facility" applicable to this section.
Cited. 233 C. 486. Cited. 234 C. 312.