AN ACT CONCERNING BENEFICIAL REUSE, RECYCLING, ILLEGAL DUMPING AND MUNICIPAL DEMONSTRATION PROJECTS.

AN ACT CONCERNING BENEFICIAL REUSE, RECYCLING, ILLEGAL DUMPING AND MUNICIPAL DEMONSTRATION PROJECTS.

This bill makes it illegal to (1) dump items from one property onto another, including one's own, to avoid disposal costs, and (2) litter on one's own property.

It allows the Department of Environmental Protection (DEP) commissioner to authorize beneficial uses of solid waste for which there is no individual or general permit.

It (1) requires both residential and non-residential solid waste generators to separate recyclables from solid waste by placing them in separate collection bins and (2) bars anyone from combining previously separated recyclables with solid waste.

By law, the DEP commissioner may approve demonstration projects for solid waste management activities she regulates. The bill specifically allows her to issue these approvals to municipalities and municipal electric energy cooperatives.

It is currently illegal to dispose of litter (see BACKGROUND) on public land, public property, state waters, or on private property other than that owned by the person discarding the litter. The bill makes it illegal to litter on one's own property. As under current law, a violator may be fined up to $ 199.

By law, dumping means discarding (1) more than one cubic foot of litter at once or (2) furniture, garbage bags or their contents, or similar material. Material placed at a location with the intent to leave it there indefinitely, or material not removed from a location in 45 days, is deemed discarded.

Under current law, it is illegal to dump material on public property, or on the private property of another, unless (1) the state or a political subdivision has designated the property for dumping, or it is licensed for that purpose, and (2) the person dumping the material is authorized to use the property.

The bill makes it illegal to dump, for financial gain, material originating on one property onto any other public or private property, including one's own, unless the above exceptions apply. Under the bill, financial gain includes avoiding the costs of properly disposing of the material.

By law, the person who dumped material cannot claim as a defense that he had the permission of the owner of the property where the dumping occurred. The bill also prohibits the person who dumped the material from claiming as a defense that he or she dumped the material on his or her own property.

Dumping Discarded Cars, Car Parts, Large Appliances, Tires, Bulky Waste, or Hazardous Waste

By law, it is illegal to dump discarded cars, car parts, large appliances, tires, bulky waste, and hazardous waste on public property, or on the private property of another, unless (1) the state or a political subdivision designed the property for dumping, or it is licensed for that purpose, and (2) the person dumping the material is authorized to use the property.

The bill makes it illegal, unless the above exceptions apply, to dump this material on any public or private property, including one's own, if it originates on another site, and is dumped for financial gain, including avoiding disposal costs.

Under the bill, cars, car parts, large appliances, tires, and bulky and hazardous waste are deemed discarded, if they have been placed at a location with the intent to leave it there indefinitely, or have not been removed from a location in 45 days, unless:

1. the material originated from an on-site residential activity and is being staged or stored for reuse or recycling at a permitted solid waste facility; and

2. the person who placed the material there notified the commissioner, and she has not prohibited its placement.

By law, the person who dumped the material cannot claim as a defense that he or she had the permission of the owner of the property. The bill also prohibits the person from claiming as a defense that he or she dumped the material on his or her own property.

By law, unchanged by the bill, the DEP commissioner or a municipality may investigate alleged illegal dumping. A municipal chief elected official who finds a violation has occurred may notify the property owner of the violation by certified mail, return receipt requested. Notice must include (1) reference to the law alleged to have been violated, (2) a short and plain statement of the matter asserted or charged, (3) a demand that the property owner remove illegally dumped material to an approved solid waste facility, and (4) a statement that the property owner has the right to a hearing.

As under current law, violators are liable for a civil penalty of between $ 1,000 and $ 10,000 for each day of the violation. A Superior Court judge may order the violator to bring the illegally dumped material to a solid waste facility. The court may impose a penalty of three times the cost of cleaning up the dumped material if it finds the violation was willful and may order the violator to pay restitution to a landowner who has suffered damage because of the illegal dumping.

Beneficial use is the use or reuse of processed municipal waste for a purpose that does not harm or threaten public health, safety, welfare, or the environment.

Under current law, the DEP commissioner may not issue a general permit for the reuse of hazardous waste (see BACKGROUND). The bill allows her to do so.

It allows her to issue an individual authorization for the processing or beneficial use of solid waste in manufacturing, or as an effective substitute for a commercial product, if the authorization (1) does not allow an activity for which DEP has issued an individual or general permit and (2) is consistent with the requirements of the federal Resource Conservation and Recovery Act. The commissioner must also find that the solid waste can be reused without harming or threatening harm to the public health, safety, or the environment.

The commissioner must establish guidelines to protect public heath, safety, and the environment for these authorizations, and provide notice to the public on the DEP's website of the guidelines and subsequent revisions. She must provide the public the opportunity to submit written comments for 30 days after publishing the notice. She must post on the website a response to any comments she receives.

A person seeking an authorization must supply the information the commissioner requires on a DEP form. The commissioner may require the applicant to pay an application fee of up to $ 5,000. The bill exempts municipalities from the fee.

The bill requires, regardless of solid waste facility permitting laws and regulations, that certain procedures apply to the (1) issuance or renewal of an authorization or (2) modification of an authorization, if the modification is requested by the authorization holder.

The commissioner must publish, on the DEP website, notice of her intention to issue an authorization. This apparently also applies to authorization renewals or modifications. The notice must include:

1. the applicant's name and mailing address;

2. the address where the proposed activity would take place;

3. the application number;

4. the tentative decision on the application;

5. the type of authorization sought, referring to the applicable law or regulation;

6. a description of the location of the proposed activity and any affected natural resources;

7. the name, address, and telephone number of anyone representing the applicant from whom people may obtain copies of the application;

8. the length of time available for the public to submit comments to the commissioner; and

9. any additional information the commissioner believes necessary to comply with applicable state law or the federal Clean Air, Clean Water and Resource Conservation and Recovery acts.

There must be a 30-day written public comment period following publication of the notice. The commissioner must post on the DEP website her response to any comment received. She may approve or deny the authorization after reviewing the submitted information. Any authorization she issues must clearly define the activity it covers, and may include conditions or requirements the commissioner believes appropriate, including (1) operating and maintenance requirements, (2) management practices, (3) reporting requirements, and (4) a specified term.

The commissioner may suspend or revoke an authorization. She may modify an authorization, according to the Uniform Administrative Procedures Act and DEP's rules of practice, if the authorization holder does not seek modification.

Current law requires homeowners to separate recyclable items from other solid waste. It requires all others who generate solid waste to provide for this separation. The bill specifies that non-residential generators must separate recyclables and solid waste, as well as provide for their separation.

It requires people who generate both residential and non-residential solid waste to place recyclables and solid waste in separate collection receptacles. It prohibits anyone from combining previously separated recyclables with other solid waste.

It bars, starting October 1, 2009, anyone from contracting for the collection of solid waste without also providing for the collection of recyclables. Anyone offering collection services for either recyclables or solid waste must provide each customer with clear, written, instructions concerning the separation of recyclables and solid waste.

The law authorizes the DEP commissioner to approve demonstration projects for solid waste management activities she regulates if she makes certain findings. The bill specifically authorizes her, regardless of other solid waste management laws, to issue a demonstration project approval to a municipality or a municipal electric energy cooperative. She must make the same findings as under current law. It appears municipalities are eligible for these approvals under current law.

By law, she may impose any conditions she believes necessary to adequately protect human health and the environment or to ensure the project's success. The initial approval is valid for up to two years, with a total approval limit of five years. The bill allows the commissioner to renew the approval, but eliminates the five-year limit, instead authorizing the commissioner to set a term limit she believes is necessary to protect human health and the environment or ensure the success of the project.

By law, the commissioner may acquire needed property and equipment, and contract to build, plan, design, lease, operate, and maintain demonstration resources recovery systems or improved solid waste facilities on a local, regional, or statewide basis by private enterprise, a municipality, or regional authority. The bill also allows her to do this for a municipal electric energy cooperative.

By law, litter means any discarded, used, or unconsumed substance or waste material, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination. It includes any bottle, jar, or can; or any top, cap or detachable tab of any bottle, jar, or can; any unlighted cigarette, cigar, match or any flaming or glowing material; any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste; newspaper, or magazines, glass, metal, plastic or paper containers; or other packaging or construction material that has not been deposited in a litter receptacle (CGS § 22a-248 (4)).

By law, a municipal electric energy cooperative means a separate legal entity created by concurrent resolutions of two or more municipal electric utilities to acquire, build, reconstruct, operate, repair, extend, or improve electric power generation or transmission facilities, or acquire an interest therein or any capacity thereof (CGS § 7-233b).

The Water Pollution Control Act, or Clean Water Act (33 USC § 1251) and the Clean Air Act (42 USC § 7401) regulate the discharge of pollutants to water and air, respectively. The Resource Conservation and Recovery Act (RCRA) (42 USC § 6901) is the primary federal law governing the disposal of solid and hazardous waste.

HB 6554, reported favorably by the Environment Committee, prohibits trash collectors from requiring residents to contract for both the collection of solid waste and recyclables in certain instances.

Yea

Nay

(03/20/2009)