Substitute Senate Bill No. 385

Public Act No. 00-23

An Act Concerning Solid Waste Odor Control.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (d) of section 22a-208a of the general statutes is repealed and the following is substituted in lieu thereof:

(d) (1) [No] Except as provided in subdivision (2) of this subsection, no solid waste facility which holds a permit to construct shall be altered on and after June 16, 1985, until the proposed plan, design and method of operation of the altered facility have been filed with the commissioner and approved by him by issuance of a modified permit. For the purposes of this section and sections 22a-208, 22a-208b, 22a-220a, 22a-225 and 22a-226, "alter" means [(1)] (A) to change to any substantive degree the approved design, capacity, process or operation of a solid waste facility holding a permit to construct, and includes, but is not limited to, changes in the approved capacity or composition of solid waste disposed of, processed, reduced, stored or recycled at the facility, or [(2)] (B) to change to any substantive degree the existing design, capacity, volume, process or operation of a solid waste facility not holding a permit to construct and includes, but is not limited to, changes in the volume or composition of solid waste disposed, stored, processed, reduced or recycled at the facility.

(2) Changes in design, processes or operations, including the addition of thermal oxidizers or other air pollution control equipment, made to mitigate, correct or abate odors from a solid waste facility that is owned or operated by the Connecticut Resources Recovery Authority and that contracts with more than fifty municipalities, shall not be considered an alteration requiring a modified permit or minor permit amendment under this chapter. In addition, notwithstanding any provision of the general statutes or regulation adopted pursuant to said statutes, any such change shall not be considered a modification or new stationary source requiring a permit to construct or operate under chapter 446c or under any regulation adopted pursuant to chapter 446c, unless such change is a major modification or a major stationary source requiring a permit under the federal Clean Air Act Amendments of 1990. Any person making any such change to an odor control system at such a facility shall, not more than thirty days after making such change, submit a written report to the commissioner fully describing the changes made and the reason for such changes for the commissioner's review and comment. Nothing in this subdivision shall affect the commissioner's authority to take any other action to enforce the requirements of title 22a.

Sec. 2. This act shall take effect from its passage.