PA 12-2—HB 5302

Emergency Certification

AN ACT CONCERNING MUNICIPALITIES AND SOLID WASTE FACILITIES

SUMMARY: This act specifies that a municipality can regulate solid waste facility land use through zoning regulations but prohibits regulations adopted as authorized by state zoning law (though not by special act) from effectively banning solid waste facility construction, alteration, or operation in the municipality. By law, a “solid waste facility” is a solid waste disposal area, volume reduction plant, transfer station, wood-burning facility, or biomedical waste treatment facility (CGS 22a-207(4)).

EFFECTIVE DATE: Upon passage

BACKGROUND

Related Case

In Recycling Inc. v. City of Milford, 50 Conn. L. Rptr. 866 (2010), the Superior Court held that the legislature, in PA 06-76, intended to preempt local regulatory authority of solid waste facilities except facilities for land disposal of solid waste (i. e. , landfills). The 2006 act, in part, repealed a provision in the Solid Waste Management Act that allowed local governing bodies to regulate land use for solid waste disposal through zoning.

OLR Tracking: KLM: MJ: JL: ro