Sec. 22a-524. Nitrogen credit exchange program.
Sec. 22a-524. Nitrogen credit exchange program. (a) The Commissioner of Environmental Protection shall establish a nitrogen credit exchange program to assist in
the implementation of the total maximum daily load. The nitrogen credit exchange
program shall apply to all publicly-owned treatment works included in the general permit
issued pursuant to section 22a-522.
(b) The commissioner, in consultation with the Nitrogen Credit Advisory Board,
shall:
(1) Establish a schedule and monitor all nitrogen removal construction projects;
(2) Establish an equivalency factor for each publicly-owned treatment works, which
may be revised at the commissioner's discretion consistent with the total maximum
daily load. The equivalency factor and any proposed revisions shall be made available
for public comment at least thirty days prior to being implemented in the nitrogen credit
exchange program;
(3) Establish the individual waste load allocation for each publicly-owned treatment
works utilizing the equivalency factors and taking into consideration the schedule for
nitrogen removal construction projects;
(4) Monitor annual progress in meeting the fifteen-year implementation schedule
in the total maximum daily load;
(5) Propose modifications, as may be necessary, to the general permit for nitrogen
discharges;
(6) Oversee and execute all equivalent nitrogen credit exchanges;
(7) Maintain a separate account of state-owned equivalent nitrogen credits;
(8) Purchase all equivalent nitrogen credits created by publicly-owned treatment
works at the annually established value;
(9) Sell available state-owned equivalent nitrogen credits including nitrogen credits
purchased from publicly-owned treatment works at the annually established value to
enable publicly-owned treatment works to meet nitrogen limits specified in the general
permit for nitrogen discharges;
(10) Whenever practicable, sell remaining state-owned equivalent nitrogen credits
to any other public or private entity;
(11) Establish accounts of funds created from the purchase and sale of equivalent
nitrogen credits to be used for administration of the nitrogen credit exchange program
and which may be used for nitrogen removal projects, habitat restoration projects and
research;
(12) Establish any other policies or procedures the commissioner may deem necessary to carry out the nitrogen credit exchange program; and
(13) Establish a technical assistance program to educate and assist municipalities
in implementing the nitrogen credit exchange program.
(c) (1) Not later than March thirty-first, annually, the commissioner shall audit the
performance of each publicly-owned treatment works operating from January first to
December thirty-first of the preceding year and shall (A) determine the number of equivalent nitrogen credits for sale and the number of equivalent nitrogen credits to be purchased, (B) publish the annual value of equivalent nitrogen credits as determined by the
procedure established in section 22a-527, and (C) notify each publicly-owned treatment
works of its equivalent nitrogen credit balance.
(2) Not later than July thirty-first, annually, each publicly-owned treatment works
shall purchase equivalent nitrogen credits necessary to meet its nitrogen limits. Such
purchase shall be paid by check, or money order or other form of payment acceptable
to the Treasurer made payable to the "nitrogen credit exchange program". The check,
or money order or other such form of payment shall state on its face "nitrogen credit
purchase".
(3) Not later than August fourteenth, annually, the commissioner shall purchase all
available equivalent nitrogen credits.
(P.A. 01-180, S. 4, 9; P.A. 03-19, S. 65; P.A. 04-151, S. 8.)
History: P.A. 01-180 effective July 1, 2001; P.A. 03-19 made a technical change in Subsec. (c)(1)(C), effective May
12, 2003; P.A. 04-151 amended Subsec. (c)(2) to revise form of payment from certified bank check or money order to
check or money order or other form of payment acceptable to the Treasurer, effective May 21, 2004.