Sec. 22a-208p. Location of wood-burning facility in area classified "GC". Conditions. Appeal.
Sec. 22a-208p. Location of wood-burning facility in area classified "GC".
Conditions. Appeal. (a) No wood-burning facility constructed after June 8, 1990, and
utilizing wet cooling may be located in any area other than an area classified "GC" by
the Water Quality Standards unless the Commissioner of Environmental Protection
finds that such use of the water is its highest and best use as measured against other
existing or potential future competing uses and all of the following conditions are met:
(1) The facility has obtained a water diversion permit in accordance with sections 22a-365 to 22a-378, inclusive; (2) the facility has obtained wastewater discharge and
stormwater discharge permits in accordance with section 22a-430; (3) no discharge of
wastewater to groundwater is permitted; (4) an environmental impact report is filed
before the close of the record for consideration in the commissioner's decision under
section 22a-373 which (A) considers the effect of the diversion on present and future
water uses in the area of the facility, (B) includes a plan for mitigating water supply
conflicts caused by the diversion in the area of the plant for a minimum of twenty-five years, and (C) analyzes the alternative solutions to the water cooling requirements
including a comparative cost analysis of the proposed water cooled system relative to
other measures including dry cooling; (5) the facility derives at least eighty per cent of its
cooling water from surface water sources either directly or through induced infiltration
to a groundwater well or from processed water from sewage treatment plants; (6) the
Commissioner of Environmental Protection determines that the use of alternatives to
the proposed water cooled system would clearly pose a greater threat to the environment;
and (7) the Commissioner of Environmental Protection determines that the use of a
water cooled system will not affect the availability of potable water to support present
and future domestic and industrial needs in the affected area. In determining future water
needs, the commissioner shall determine such needs for a period equal to twenty-five
years. In making a decision on highest and best use the commissioner shall consider,
among other factors he deems relevant, the designated uses for the classification of
water involved as outlined in the state's water quality standards.
(b) The wood-burning facility shall have the burden of proving it has met all of the
requirements and conditions set forth in this section. Any person aggrieved by a decision
of the Commissioner of Environmental Protection pursuant to this section may appeal
pursuant to section 4-183.
(P.A. 90-264, S. 7, 8.)