Sec. 22a-430b. General permits. Regulations.
Sec. 22a-430b. General permits. Regulations. (a) The Commissioner of Environmental Protection may issue a general permit for a category or categories of discharges regulated pursuant to section 22a-430, except for a discharge covered by an
individual permit. The general permit may regulate, within a geographical area, (1) A
category of discharges which: Involve the same or substantially similar types of operations, involve the same type of wastes, require the same effluent limitations, operating
conditions or standards, and require the same or similar monitoring and which in the
opinion of the commissioner are more appropriately controlled under a general permit;
(2) stormwater discharges; or (3) a category of discharges not requiring a permit under
the federal Water Pollution Control Act. Any person or municipality conducting an
activity covered by a general permit shall not be required to apply for or obtain an
individual permit pursuant to section 22a-430, except as provided in subsection (c) of
this section. The general permit may require that any person or municipality initiating,
creating, originating or maintaining any discharge into the waters of the state under the
general permit shall register such discharge with the commissioner before the general
permit becomes effective as to such discharge. Registration shall be on a form prescribed
by the commissioner.
(b) Notwithstanding the provisions of chapter 54, a general permit shall be issued,
renewed, modified, revoked or suspended in accordance with the standards and procedures specified for an individual permit, in accordance with section 22a-430 and any
regulations adopted thereunder, except that (1) summary suspension may be ordered in
accordance with subsection (c) of section 4-182; (2) any proposed or final general permit
and notice thereof may address persons or municipalities which are or may be covered
by the general permit as a group, describe the facilities which are or may be covered by
the general permit in general terms; and (3) upon issuance of a proposed or final general
permit, the commissioner shall publish notice thereof in a newspaper of substantial
circulation in the affected area. General permits shall be issued for a term specified by
the permit and such terms shall be consistent with the federal Water Pollution Control
Act and shall be subject to the provisions of section 22a-431. Such permits shall: (1)
Describe the category of discharge regulated by the general permit; (2) specify the manner, nature and volume of discharge; (3) require proper operation and maintenance of
any pollution abatement facility required by such permit; and (4) be subject to such
other requirements and restriction as the commissioner deems necessary to fully comply
with the purposes of this chapter, the federal Water Pollution Control Act and the federal
Safe Drinking Water Act. Any construction or modification of a pollution abatement
facility or disposal system which is undertaken pursuant to and in accordance with a
general permit shall not require submission of plans and specifications to or approval
by the commissioner, unless required pursuant to the terms of the general permit.
(c) Subsequent to the issuance of a general permit, the commissioner may require
a person or municipality initiating, creating, originating or maintaining any discharge
which is or may be authorized by a general permit to obtain an individual permit pursuant
to section 22a-430 if the commissioner determines that an individual permit would
better protect the waters of the state from pollution. The commissioner may require an
individual permit under this subsection in cases including, but not limited to the following: (1) When the discharger is not in compliance with the conditions in the general
permit; (2) when a change has occurred in the availability of a demonstrated technology
or practice for the control or abatement of pollution applicable to the discharge; (3) when
effluent limitations and conditions are promulgated by the United States Environmental
Protection Agency or established by the commissioner under section 22a-430 for discharges covered by the general permit; (4) when a water quality management plan containing requirements applicable to such discharges is approved by the United States
Environmental Protection Agency; (5) when circumstances have changed since the issuance of the general permit so that the discharger is no longer appropriately controlled
under the general permit, or a temporary or permanent reduction or elimination of the
authorized discharge is necessary; (6) when the discharge is a significant contributor of
pollution, provided that in making this determination, the commissioner may consider
the location of the discharge with respect to waters of the state, the size of the discharge,
the quantity and nature of the pollution discharged to waters of the state, cumulative
impacts of discharges covered by the general permit and other relevant factors; or (7)
when the requirements of subsection (a) of this section are not met. The commissioner
may require an individual permit under this subsection only if the affected person or
municipality has been notified in writing that a permit application is required. The notice
shall include a brief statement of the reasons for the commissioner's decision, an application form, a statement setting forth 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 additional time upon the request of the applicant. If the affected
person or municipality does not submit a complete application for an individual permit
within the time frame set forth in the commissioner's notice or as extended by the
commissioner in writing, then the general permit as it applies to the affected person or
municipality shall automatically terminate. Any interested person or municipality may
petition the commissioner to take action under this subsection.
(d) The commissioner may adopt regulations in accordance with the provisions of
chapter 54 to carry out the purposes of this section.
(P.A. 87-235, S. 1; 87-589, S. 37, 54, 87; P.A. 90-222, S. 3; P.A. 91-263, S. 2, 8; P.A. 93-428, S. 12, 39; P.A. 06-76,
S. 26.)
History: P.A. 87-589 made technical change in Subsec. (d), deleting reference to Sec. 22a-418; P.A. 90-222 amended
Subsec. (a) to make the adoption of regulations mandatory rather than discretionary, substituting "shall" for "may"; P.A.
91-263 substantially revised this section to provide for a system of general permits for certain discharges not otherwise
regulated by this chapter; P.A. 93-428 amended Subsec. (b) to modify the requirement re publication of notice of issuance
of a general permit, effective July 1, 1993; P.A. 06-76 amended Subsec. (a) to delete exception for certain industrial
categories.