Sec. 22a-219b. Grants to municipalities for resources recovery facilities.
Sec. 22a-219b. Grants to municipalities for resources recovery facilities. (a)
The Commissioner of Environmental Protection may make a grant, within available
appropriations, for financial assistance to any municipality which has entered into a
long-term contract to deliver solid waste generated within its boundaries to a resources
recovery facility on or before the date of commercial operation of such facility. The
grants under this section shall be subject to the following conditions: (1) Each grant
shall be based on the total number of tons of solid waste generated within the municipality which has been delivered to a resources recovery facility; (2) the amount of the grant
for the first year of operation of such facility shall be twenty-five per cent of the tipping
fee not to exceed ten dollars per ton and for the second year of operation, twelve per
cent of the tipping fee not to exceed four dollars per ton; (3) the aggregate tonnage of
solid waste eligible for reimbursement under this section shall not exceed the design
capacity for such facility stated in the application for the construction permit for such
facility submitted pursuant to section 22a-208a, and (4) the grant for the first year shall
be made not less than twelve months after the date of commercial operation and the
grant for the second year shall be made not less than twenty-four months after the date
of commercial operation. The tipping fee shall be reviewed by the commissioner and
shall include but not be limited to any costs associated with debt service or operation
from the point the solid waste enters the system to the landfill disposal of its residual
and nonprocessable components.
(b) No grant shall be made under this section to a municipality unless the solid waste
generated within such municipality is delivered to a facility that has been approved by
the Commissioner of Environmental Protection for consistency with the state solid waste
management plan and has not less than seventy-five per cent of its design capacity
committed under long-term contractual agreements on the date of commercial operation.
No grant shall be made unless the municipality has executed, on or before the date of
commercial operation of such facility or system, a long-term contractual agreement to
participate in the facility.
(c) If two or more municipalities enter into a long-term contractual agreement to
participate in the same resources recovery facility such municipalities shall designate
the same agent to submit the application for a grant under this section. Any agent may
assess a fee for services rendered.
(d) Each municipality that enters into a long-term contractual agreement to participate in the same facility on or before the date of commercial operation of such facility
shall also enter into a joint pregrant agreement. Such agreement shall be submitted to
the commissioner for his approval before a grant can be made under this section to a
municipality that is a party to the agreement. A pregrant agreement shall include the
following: (1) A description of the methodology to be used in determining the number
of tons of solid waste generated within each municipality which have been delivered to
the facility. The methodology may be determined by weigh records from the facility,
hauling records, per capita estimates of waste generation or by any other method or
combination of methods that produces representative figures for the amount of waste
delivered to such facility from each municipality; (2) provisions designating an agent;
and (3) a description of the method to be used by the agent in determining the tonnage
of solid waste generated within municipal boundaries and delivered to a facility by each
municipality if the aggregate tonnage of all municipalities delivering solid waste to the
same facility exceeds the design capacity for the facility stated in the application for the
construction permit for such facility submitted pursuant to section 22a-208a.
(e) A municipality, after notifying the commissioner in writing, may assign in writing a grant made under this section to the Connecticut Resources Recovery Authority,
a regional resources recovery authority or any committee established pursuant to subsection (c) of section 22a-221. Upon notification of an assignment, the commissioner shall
pay the grant to the assignee until notification in writing from the municipality that the
assignment has been revoked.
(P.A. 83-477, S. 2; P.A. 84-331, S. 3, 4; P.A. 87-451, S. 1, 5; P.A. 88-352, S. 3; P.A. 89-270, S. 8; P.A. 90-312, S. 6, 11.)
History: P.A. 84-331 replaced "financing" with "commercial operation" and defined "commercial operation"; P.A. 87-451 amended Subsec. (a) by making grants mandatory where before they were discretionary; P.A. 88-352 amended Subsec.
(a) by adding the grant conditions specified in Subdivs. (11) to (13), inclusive, and making technical changes, amended
Subsec. (b) by deleting reference to date of commercial operation but see Sec. 22a-219a, and added Subsec. (c) regarding
designation of an agent where two or more municipalities participate in the same facility, Subsec. (d) regarding joint
pregrant agreements and Subsec. (e) regarding assignment of grants; P.A. 89-270 deleted provision requiring review by the
Connecticut Resources Recovery Authority; P.A. 90-312 amended Subsec. (a) by changing the commissioner's authority to
make grants from mandatory to discretionary and provided that such grants are subject to available appropriations.
Cited. 17 CA 17; judgment reversed, see 212 C. 570.
Subsec. (b):
Cited. 193 C. 506.