Substitute House Bill No. 6336
Substitute House Bill No. 6336
PUBLIC ACT NO. 97-124
AN ACT CONCERNING MINOR REVISIONS RELATED TO
PROGRAMS OF THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 22a-208a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Environmental
Protection may issue, deny, modify, renew,
suspend, revoke or transfer a permit, under such
conditions as he may prescribe and upon submission
of such information as he may require, for the
construction, alteration and operation of solid
waste facilities, in accordance with the
provisions of this chapter and regulations adopted
pursuant to this chapter. [The application fee for
a permit to construct pursuant to this section
shall be thirty thousand dollars for a resources
recovery facility; seven thousand five hundred
dollars for a transfer station; fifteen thousand
dollars for a biomedical waste treatment facility;
seven thousand five hundred dollars for a volume
reduction plant other than a resources recovery
facility; two hundred dollars for an asbestos
disposal approval; one hundred dollars for a
special waste approval; two hundred dollars for a
minor amendment to a solid waste disposal area;
four thousand dollars for a vertical expansion to
a solid waste disposal area; ten thousand dollars
for horizontal expansion to a lined solid waste
disposal area; seven thousand dollars for a new
bulky waste or other special waste disposal area,
as defined in regulations adopted by the
commissioner pursuant to section 22a-209; twenty
thousand dollars for a new lined ash or municipal
solid waste disposal area; and one thousand
dollars for a biomedical waste transporter, as
defined in regulations adopted pursuant to section
22a-209. The commissioner may adopt regulations,
in accordance with the provisions of chapter 54,
to prescribe the amount of the fees required
pursuant to this section. Upon the adoption of
such regulations, the fees required by this
section shall be as prescribed in such
regulations.] Notwithstanding the provisions of
this section, the commissioner shall not issue (1)
a permit for a solid waste land disposal facility
on former railroad property until July 1, 1989,
unless the commissioner makes a written
determination that such facility is necessary to
meet the solid waste disposal needs of the state
and will not result in a substantial excess
capacity of solid waste land disposal areas or
disrupt the orderly transportation of or disposal
of solid waste in the area affected by the
facility or (2) an operational permit for a
resources recovery facility unless the applicant
has submitted a plan pursuant to section 22a-208g
for the disposal or recycling of ash residue
expected to be generated at the facility in the
first five years of operation. In making a
decision to grant or deny a permit to construct a
solid waste land disposal facility, including a
vertical or horizontal landfill expansion, the
commissioner shall consider the character of the
neighborhood in which such facility is located and
may impose requirements for hours and routes of
truck traffic, security and fencing and for
measures to prevent the blowing of dust and debris
and to minimize insects, rodents and odors. In
making a decision to grant or deny a permit to
construct an ash residue disposal area, the
commissioner shall consider any provision which
the applicant shall make for a double liner, a
leachate collection or detection system and the
cost of transportation and disposal of ash residue
at the site under consideration.
(b) No solid waste facility shall be built or
established and no solid waste facility without a
permit to construct shall be altered after July 1,
1971, until the plan, design and method of
operation of such facility have been filed with
the department and approved by the commissioner by
the issuance of a permit to construct, provided,
nothing in this chapter or chapter 446e shall be
construed to limit the right of any local
governing body to regulate, through zoning, land
usage for solid waste disposal. The commissioner
shall send a written notification of any
application for a permit to construct to the chief
elected official of each municipality in which the
proposed facility is to be located, within five
business days of the date on which any such
application is filed.
(c) No solid waste facility for which a
permit to construct is required shall be operated
on and after June 16, 1985, except for performance
testing approved by the commissioner, unless such
facility has been issued a permit to operate. The
commissioner may issue such permit upon
determination that the facility (1) will be
operated in accordance with applicable laws or
regulations, (2) has been constructed in
accordance with a permit issued pursuant to
subsection (b) of this section, and (3) has
satisfactorily completed any performance tests
required by the commissioner. All operating
facilities holding a valid permit to construct on
or before June 16, 1985, shall be issued a permit
to operate and shall be allowed to continue
operations prior to the issuance of such permit to
operate. The commissioner shall allow any person
who is lawfully disposing of ash residue within a
solid waste disposal area on April 1, 1994, to
continue disposing of such residue within such
area until March 1, 1997, or until the issuance of
a final permit to operate a new lined ash landfill
in Hartford.
(d) 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) 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) 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.
(e) The commissioner may hold a public
hearing prior to approving or denying an
application if in his discretion the public
interest will be best served thereby, and shall
hold a hearing upon receipt of a petition signed
by at least twenty-five persons. The commissioner
may amend a permit to construct or to operate,
without hearing, for minor changes in the facility
design, practices or equipment that would not in
his judgment significantly change the nature of
the facility or its impact on the environment.
Notwithstanding the provisions of this subsection,
the commissioner shall conduct a public hearing on
an application for a permit to construct a new
solid waste disposal area. Such public hearing
shall be commenced in the municipality in which
the facility is to be located or a location in
close proximity to said municipality.
Notwithstanding the provisions of this subsection,
if a hearing has been held on and after July 1,
1993, on an application for a permit to construct
or alter a solid waste facility, the commissioner
shall not hold a hearing on an application for a
permit to operate such facility.
(f) The qualifications of the operator or
operators of any solid waste facility and any
person other than a municipality owning such a
facility shall be subject to the approval of the
commissioner. The commissioner shall establish
requirements for the presence of approved
operators at solid waste facilities. The
commissioner may develop, offer or sponsor
training programs for operators of solid waste
facilities and require participation therein.
(g) Whenever the commissioner issues a permit
to construct a solid waste facility, he shall
cause a certified copy thereof to be filed on the
land records in the town wherein the facility will
be located.
[(h) Each resources recovery facility having
a design capacity of five hundred tons per day or
more shall pay an annual fee of two thousand five
hundred dollars and shall pay an annual fee of one
thousand dollars if the design capacity is less
than five hundred tons per day.
(i) Each transfer station located in a town
with a population under ten thousand shall pay an
annual fee upon the inspection of such transfer
station of two hundred fifty dollars. Each
transfer station located in a town with a
population of ten thousand or more but less than
twenty-five thousand shall pay an annual fee upon
the inspection of such transfer station of five
hundred dollars. Each transfer station located in
a town with a population of twenty-five thousand
or more but less than fifty thousand shall pay an
annual fee upon the inspection of such transfer
station of one thousand dollars and each transfer
station located in a town with a population of
fifty thousand or more shall pay an annual fee
upon the inspection of such transfer station of
one thousand two hundred dollars.
(j) Each volume reduction plant shall pay an
annual fee of one thousand five hundred dollars.
(k) Each biomedical waste treatment facility
having a design capacity of one thousand pounds
per hour or more shall pay an annual fee of two
thousand dollars. All other biomedical waste
treatment facilities shall pay an annual fee of
seven hundred fifty dollars.
(l) Each wood-burning facility having a
design capacity of two thousand pounds per hour or
more shall pay an annual fee of two thousand
dollars.
(m) Each solid waste disposal area accepting
mixed municipal waste or ash shall pay an annual
fee of one thousand five hundred dollars.
(n) Each solid waste disposal area accepting
bulky waste only shall pay an annual fee of seven
hundred fifty dollars.
(o) Each generator of biomedical waste which
produces fifty pounds or more of biomedical waste
in any calendar month during the calendar year
shall report such amounts to the commissioner
annually and shall pay an annual fee of fifty
dollars. All other generators of biomedical waste
shall report the amount to the commissioner
annually and shall pay an annual fee of ten
dollars.]
[(p)] (h) On and after July 1, 1996, fees
required pursuant to this section shall be as
prescribed by regulations adopted by the
commissioner in accordance with chapter 54. In
adopting regulations pursuant to this section the
commissioner shall perform an evaluation of the
actual costs necessary to process, review and
render a decision on permit applications
reflecting the time, resource commitments and
expenses to the Department of Environmental
Protection. A similar review shall be performed
for annual fees sufficient to represent the actual
time to perform and review routine inspections,
perform general monitoring of activities and
perform appropriate follow-up on results of such
activities. For both application fees and annual
fees, the commissioner shall include a description
of methods used to calculate the costs associated
with similar categories of activities in order to
demonstrate that the fees for activities within
any category are equitable.
[(q)] (i) (1) The commissioner may issue a
general permit for a category of activities which
require a permit under this section, except for an
activity which is already covered by an individual
permit, provided the issuance of the permit is not
inconsistent with the requirements of the federal
Resource Conservation and Recovery Act. The
commissioner's authority to issue a general permit
for certain categories of solid waste facilities
shall not include the authority to issue a general
permit for resources recovery facilities,
biomedical waste facilities, solid waste disposal
areas or municipal solid waste composting
facilities. Any person or municipality conducting
an activity for which a general permit has been
issued shall not be required to obtain an
individual permit under this section, except as
provided in subdivision (3) of this subsection.
The general permit may regulate a category of
activities which (A) involve the same or
substantially similar types of operations, (B)
involve the transfer, storage, processing or
disposal of the same types of substances, (C)
require the same operating conditions or
standards, and (D) require the same or similar
monitoring, and which in the opinion of the
commissioner are more appropriately controlled
under a general permit than under an individual
permit. The general permit may require any person
or municipality proposing to conduct any activity
under the general permit to register such activity
with the commissioner before it is covered by the
general permit. Registration shall be on a form
prescribed by the commissioner.
(2) Notwithstanding any provisions of this
section, or any regulations adopted thereunder, or
of chapter 54, the following procedures shall
apply to the issuance, renewal, modification,
revocation or suspension of a general permit. (A)
A general permit shall be issued for a term
specified by the permit and shall clearly define
the activity covered thereby and may include such
conditions and requirements as the commissioner
deems appropriate, including but not limited to,
operation and maintenance requirements, management
practices, and reporting requirements; (B) the
commissioner shall publish notice of intent to
issue a general permit in a newspaper having a
substantial circulation in the affected area; (C)
there shall be a comment period of thirty days
following publication of such notice during which
interested persons may submit written comments to
the commissioner; and (D) the commissioner shall
publish notice of the issuance or decision not to
issue a general permit in a newspaper having
substantial circulation in the affected area. The
commissioner may revoke, suspend or modify a
general permit in accordance with the notice and
comment procedures for issuance of a general
permit specified in this subsection. Any person
may request that the commissioner issue, modify,
suspend or revoke a general permit in accordance
with this subsection.
(3) Subsequent to the issuance of a general
permit, the commissioner may require a person or
municipality whose activity is or may be covered
by the general permit to apply for and obtain an
individual permit pursuant to subsections (a),
(b), (c) and (d) of this section if he determines
that an individual permit would better protect the
land, air and waters of the state from pollution.
The commissioner may require an individual permit
under this subdivision in cases including, but not
limited to the following: (A) When the owner or
operator is not in compliance with the conditions
of the general permit; (B) when a change has
occurred in the availability of demonstrated
technology or practices for the control or
abatement of pollution applicable to the activity;
(C) when circumstances have changed since the time
of the issuance of the general permit so that the
activity is no longer appropriately controlled
under the general permit, or either a temporary or
permanent reduction or elimination of the
authorized activity is necessary; or (D) when a
relevant change has occurred in the applicability
of the federal Resource Conservation and Recovery
Act. In making the determination to require an
individual permit, the commissioner may consider
the location, character and size of the activity,
and any other relevant factors. The commissioner
may require an individual permit under this
subdivision only if the affected person or
municipality covered by the general permit has
been notified in writing that a permit application
is required. This notice shall include a brief
statement of the reasons for this decision, an
application form, a statement setting 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 an extension of time upon the request of the
applicant. The applicant shall use his best
efforts to obtain the individual permit. Any
interested person or municipality may petition the
commissioner to take action under this
subdivision.
(4) The commissioner may adopt regulations,
in accordance with the provisions of chapter 54,
to carry out the purposes of this subsection.
Sec. 2. Subsection (a) of section 22a-609 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The owner or operator of any facility
required to have available a material safety data
sheet for a hazardous chemical under the
Occupational Safety and Health Act of 1970 (15 USC
651 et seq.) or regulations promulgated thereunder
shall, FOR ANY SUCH HAZARDOUS CHEMICAL PRESENT AT
THE FACILITY IN AN AMOUNT EQUAL TO OR IN EXCESS OF
THE MINIMUM THRESHOLD LEVEL SPECIFIED IN PART 370
OF TITLE 40 OF THE CODE OF FEDERAL REGULATIONS, AS
AMENDED FROM TIME TO TIME, submit a material
safety data sheet for each such chemical or a list
of such chemicals to the appropriate local
emergency planning committee, the commission and
the fire department with jurisdiction over the
facility. The owner or operator shall submit a
revised sheet to the appropriate local emergency
planning committee, the commission and the fire
department with jurisdiction over the facility not
more than three months after discovery by such
owner or operator of significant new information
concerning an aspect of a hazardous chemical for
which a material safety data sheet was submitted.
Any list submitted under this section shall
include (1) a list of hazardous chemicals for
which a material safety data sheet is required
under the Occupational Safety and Health Act of
1970 and regulations promulgated thereunder,
grouped in categories pursuant to said act or such
other categories prescribed by the administrator
of the United States Environmental Protection
Agency, (2) the chemical name or the common name
of each chemical as provided on the material
safety data sheet and (3) any hazardous component
of each such chemical as provided on the material
safety data sheet. In the case of a hazardous
chemical which is a mixture, the owner or operator
may submit (1) a material safety data sheet for or
a list of each chemical or compound in the mixture
which is a hazardous chemical or (2) a material
safety data sheet for [or a list of] the mixture.
Sec. 3. Section 22a-610 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) As used in this section:
(1) "Tier I information" means information in
aggregate terms for hazardous chemicals in
categories of health and physical hazards as set
forth under the Occupational Safety and Health Act
of 1970 and regulations promulgated thereunder,
including (A) an estimate, in ranges, of the
maximum amount of hazardous chemicals in each
category present at the facility at any time
during the preceding calendar year, (B) an
estimate, in ranges, of the average daily amount
of hazardous chemicals in each category present at
the facility during the preceding calendar year
and (C) the general location of hazardous
chemicals in each category.
(2) "Tier II information" means information
requested in accordance with subsection (c) for
hazardous chemicals including, but not limited to,
(A) the chemical name or common name of the
chemical as provided on the material safety data
sheet, (B) an estimate, in ranges, of the maximum
amount of the hazardous chemicals present at the
facility at any time during the preceding calendar
year, (C) an estimate, in ranges, of the average
daily amount of the hazardous chemicals present at
the facility during the preceding calendar year,
(D) a brief description of the manner of storage
of the hazardous chemicals, (E) the location at
the facility of the hazardous chemicals and (F) an
indication of whether the owner elects to withhold
location information of a specific chemical from
disclosure to the public under Section 324 of the
Emergency Planning and Community Right-to-Know Act
of 1986.
(3) "Hazardous chemical" means a chemical for
which a material safety data sheet is required
under the Occupational Safety and [Hazardous]
Health Act of 1970 (15 USC 651 et seq.) or a
chemical on a list required to be filed under
section 22a-609.
(b) On or before March 1, 1990, and annually
thereafter, the owner or operator of any facility
required to prepare or have available a material
safety data sheet for a hazardous chemical under
the Occupational Safety and Health Act of 1970 and
regulations promulgated thereunder shall, FOR ANY
SUCH HAZARDOUS CHEMICAL PRESENT AT THE FACILITY IN
AN AMOUNT EQUAL TO OR IN EXCESS OF THE MINIMUM
THRESHOLD LEVEL SPECIFIED IN PART 370 OF TITLE 40
OF THE CODE OF FEDERAL REGULATIONS, AS AMENDED
FROM TIME TO TIME, prepare and submit an emergency
and hazardous chemical inventory form containing
tier I or tier II information to the appropriate
local emergency planning committee, the commission
and the fire department with jurisdiction over the
facility. The owner or operator may comply with
this section by (1) providing information on the
inventory form on each element or compound in the
mixture which is a hazardous chemical or (2)
providing information on the inventory form on the
mixture itself.
(c) (1) The owner or operator of a facility
SUBMITTING AN EMERGENCY AND HAZARDOUS CHEMICAL
INVENTORY FORM IN ACCORDANCE WITH SUBSECTION (b)
OF THIS SECTION shall provide tier II information
for a facility to the commission, a local
emergency planning committee or a fire department
with jurisdiction over the facility upon request
of such commission, committee or department.
(2) Any state or municipal official may have
access to tier II information SUBMITTED IN
ACCORDANCE WITH SUBSECTION (b) OF THIS SECTION
upon submitting a request to the commission or the
local emergency planning committee. Upon request
for such information, the commission or local
committee shall request the owner or operator of
the facility for the tier II information and make
available such information to the official.
(d) The owner or operator of a facility which
files an inventory form under this section shall,
upon request of the fire department with
jurisdiction over the facility, allow such fire
department to conduct an on-site inspection of the
facility and provide to the fire department
specific location information on hazardous
chemicals at the facility.
Sec. 4. Subsection (c) of section 22a-174 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) The commissioner shall have the power, in
accordance with regulations adopted by him, (1) to
require that a person, before undertaking the
construction, installation, enlargement or
establishment of a new air contaminant source
specified in the regulations adopted under
subsection (a), submit to him plans,
specifications and such information as he deems
reasonably necessary relating to the construction,
installation, enlargement, or establishment of
such new air contaminant source; (2) to issue a
permit approving such plans and specifications and
permitting the construction, installation,
enlargement or establishment of the new air
contaminant source in accordance with such plans,
or to issue an order requiring that such plans and
specifications be modified as a condition to his
approving them and issuing a permit allowing such
construction, installation, enlargement or
establishment in accordance therewith, or to issue
an order rejecting such plans and specifications
and prohibiting construction, installation,
enlargement or establishment of a new air
contaminant source in accordance with the plans
and specifications submitted; (3) to require
periodic inspection and maintenance of combustion
equipment and other sources of air pollution; (4)
to require any person to maintain such records
relating to air pollution or to the operation of
facilities designed to abate air pollution as he
deems necessary to carry out the provisions of
this chapter and section 14-164c; (5) to require
that a person in control of an air contaminant
source specified in the regulations adopted under
subsection (a), obtain a permit to operate such
source if the source (A) is subject to any
regulations adopted by the commissioner concerning
high risk hazardous air pollutants, (B) burns
waste oil, (C) is allowed by the commissioner,
pursuant to regulations adopted under subsection
(a), to exceed emission limits for sulfur
compounds, (D) is issued an order pursuant to
section 22a-178 or (E) violates any provision of
this chapter, or any regulation, order or permit
adopted or issued thereunder; (6) to require that
a person in control of an air contaminant source
who is not required to obtain a permit pursuant to
this subsection register with him and provide such
information as he deems necessary to maintain his
inventory of air pollution sources AND THE
COMMISSIONER MAY REQUIRE RENEWAL OF SUCH
REGISTRATION AT INTERVALS HE DEEMS NECESSARY TO
MAINTAIN SUCH INVENTORY; (7) to require a permit
for any source regulated under the federal Clean
Air Act Amendments of 1990, P.L. 101-549; [and]
(8) to refuse to issue a permit if the
Environmental Protection Agency objects to its
issuance in a timely manner under Title V of the
federal Clean Air Act Amendments of 1990; [. The
commissioner may require renewal of such
registration at intervals he deems necessary to
maintain such inventory] AND (9) NOTWITHSTANDING
ANY REGULATION ADOPTED UNDER THIS CHAPTER, TO
REQUIRE THAT ANY SOURCE PERMITTED UNDER TITLE V OF
THE FEDERAL CLEAN AIR ACT AMENDMENTS OF 1990 SHALL
COMPLY WITH ALL APPLICABLE STANDARDS SET FORTH IN
THE CODE OF FEDERAL REGULATIONS, TITLE 40, PARTS
51, 52, 59, 60, 61, 63, 68, 70, 72 TO 78,
INCLUSIVE, AND 82, AS AMENDED FROM TIME TO TIME.
Sec. 5. Subsection (d) of section 32-23qq of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) The authority shall not approve an
application for a loan, line of credit or
guarantee unless the Connecticut Hazardous Waste
Management Service determines the applicant is
eligible for such loan, line of credit or
guarantee provided this subsection shall not apply
to loans for [stage II vapor recovery systems]
COMPLIANCE WITH THE CLEAN AIR ACT AMENDMENTS OF
1990 (42 USC 7401, ET SEQ.), AS AMENDED.
Sec. 6. Subsection (g) of section 22a-354p of
the general statutes is repealed and the following
is substituted in lieu thereof:
(g) (1) Notwithstanding any other provision of
the general statutes, the commissioner shall have
sole authority to grant, deny, limit or modify, in
accordance with regulations adopted by him, a
permit for any regulated activity in an aquifer
protection area [which is] proposed [to be
conducted] by (A) ANY PERSON TO WHOM THE
COMMISSIONER HAS ISSUED AN INDIVIDUAL PERMIT UNDER
THE NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM OF THE FEDERAL CLEAN WATER ACT (33 USC 1251
ET SEQ.) OR UNDER THE STATE POLLUTANT DISCHARGE
ELIMINATION SYSTEM PURSUANT TO SECTION 22a-430 OR
ANY PERSON TO WHOM THE COMMISSIONER HAS ISSUED A
PERMIT UNDER THE PROVISIONS OF THE FEDERAL
RESOURCE CONSERVATION AND RECOVERY ACT (42 USC
6901 ET SEQ.) FOR A TREATMENT, STORAGE OR DISPOSAL
FACILITY, (B) ANY PUBLIC SERVICE COMPANY, AS
DEFINED IN SECTION 16-1, PROVIDING GAS, ELECTRIC,
PIPELINE, WATER OR TELEPHONE SERVICE, (C) ANY
LARGE QUANTITY GENERATOR, AS DEFINED IN
REGULATIONS ADOPTED BY THE COMMISSIONER UNDER
SECTION 22a-449, OR (D) any STATE department,
agency or instrumentality, [of the state,] except
any local or regional board of education. Such
authority may be exercised only after an advisory
decision on such permit has been rendered to the
commissioner by the aquifer protection agency of
the municipality within which such aquifer
protection area is located or thirty-five days
after receipt by the commissioner of the
application for such permit, whichever occurs
first. The commissioner shall provide prompt
notice of receipt of an application to the
municipal aquifer protection agency.
(2) IF THE COMMISSIONER REQUIRES THE
SUBMISSION OF A REGISTRATION OR OTHER DOCUMENT
UNDER REGULATIONS ADOPTED PURSUANT TO SECTION
22a-354i, SUCH SUBMISSION SHALL BE MADE TO THE
COMMISSIONER BY ANY PERSON TO WHOM THE
COMMISSIONER HAS ISSUED AN INDIVIDUAL PERMIT UNDER
THE NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM OF THE FEDERAL CLEAN WATER ACT, OR AN
INDIVIDUAL PERMIT UNDER THE STATE POLLUTANT
DISCHARGE ELIMINATION SYSTEM PURSUANT TO SECTION
22a-430, OR BY ANY PERSON TO WHOM THE COMMISSIONER
HAS ISSUED A PERMIT UNDER THE PROVISIONS OF THE
FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT FOR
A TREATMENT, STORAGE OR DISPOSAL FACILITY, OR ANY
PUBLIC SERVICE COMPANY, AS DEFINED IN SECTION
16-1, PROVIDING GAS, ELECTRIC, PIPELINE, WATER OR
TELEPHONE SERVICE, OR A LARGE QUANTITY GENERATOR,
AS DEFINED IN REGULATIONS ADOPTED BY THE
COMMISSIONER UNDER SECTION 22a-449, OR ANY STATE
DEPARTMENT, AGENCY OR INSTRUMENTALITY, EXCEPT ANY
LOCAL OR REGIONAL BOARD OF EDUCATION.
Sec. 7. Subsection (d) of section 22a-461 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(d) No person, firm or corporation may use,
sell, offer or expose for sale or give or furnish
any sewage system additive which contains any
substance or compound on the toxic pollutant list
published by the United States Environmental
Protection Agency pursuant to Section 1317 of the
federal Water Pollution Control Act (33 USC 1317),
as amended. [No sewage system additive may be sold
unless it is clearly labeled with the following
statement: "THIS PRODUCT CONTAINS NO TOXIC
POLLUTANTS AS DEFINED PURSUANT TO THE FEDERAL
WATER POLLUTION CONTROL ACT."]
Sec. 8. Subsection (a) of section 22a-361 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) No person, firm or corporation, public,
municipal or private, shall dredge, erect any
structure, place any fill, obstruction or
encroachment or carry out any work incidental
thereto or retain or maintain any structure,
dredging or fill, in the tidal, coastal or
navigable waters of the state waterward of the
high tide line until such person, firm or
corporation has submitted an application and has
secured from said commissioner a certificate or
permit for such work and has agreed to carry out
any conditions necessary to the implementation of
such certificate or permit. Each application for a
permit, except for an emergency authorization, for
any structure, filling or dredging which uses or
occupies less than five thousand five hundred
square feet in water surface area based on the
perimeters of the project shall be accompanied by
a fee equal to forty cents per square foot
provided such fee shall not be less than three
hundred fifty dollars. Each application for a
permit for any structure, filling or dredging
which uses or occupies five thousand five hundred
square feet or more but less than five acres in
water surface area based on the perimeters of the
project shall be accompanied by a fee of two
thousand two hundred dollars plus five cents per
square foot for each square foot in excess of five
thousand five hundred square feet. Each
application for a permit for any structure,
filling or dredging which uses or occupies five or
more acres in water surface area based on the
perimeters of the project shall be accompanied by
a fee of twelve thousand eight hundred fifteen
dollars plus three hundred fifty dollars per acre
for each acre or part thereof in excess of five
acres. Each application for a mooring area or
multiple mooring facility, regardless of the area
to be occupied by moorings, shall be accompanied
by a fee of three hundred fifty dollars provided
that such mooring areas or facilities shall not
include fixed or floating docks, slips or berths.
The commissioner may waive or reduce any fee
payable to him for (1) a tidal wetlands or coastal
resource restoration or enhancement activity OR
(2) PUBLIC ACCESS ACTIVITIES IN TIDAL, COASTAL OR
NAVIGABLE WATERS, PROVIDED NO FEE SHALL BE WAIVED
OR REDUCED FOR ACTIVITIES REQUIRED BY STATUTE,
REGULATION, PERMIT, ORDER OR ENFORCEMENT ACTION.
As used in this section, "resource restoration or
enhancement activity" means an action taken to
return a wetland or coastal resource to a prior
natural condition or to improve the natural
functions or habitat value of such resource, but
shall not include actions required pursuant to an
enforcement action of the commissioner, AND
"PUBLIC ACCESS ACTIVITIES" MEANS ACTIVITIES WHOSE
PRINCIPAL PURPOSE IS TO PROVIDE OR INCREASE ACCESS
FOR THE GENERAL PUBLIC TO TIDAL, COASTAL OR
NAVIGABLE WATERS, INCLUDING, BUT NOT LIMITED TO,
BOARDWALKS, BOAT RAMPS, OBSERVATION AREAS AND
FISHING PIERS. The commissioner may adopt
regulations, in accordance with the provisions of
chapter 54, to prescribe the amount of the fees
required pursuant to this section. Upon the
adoption of such regulations, the fees required by
this section shall be as prescribed in such
regulations.
Sec. 9. Section 22a-133i of the general
statutes is repealed and the following is
substituted in lieu thereof:
The commissioner may provide the state share
of payments of the costs of remedial action
pursuant to CERCLA [, not to exceed five million
dollars,] from funds authorized pursuant to
subsection (a) of section 29 of special act 87-77
and subdivision (5) of subsection (e) of section 2
of special act 86-54.
Sec. 10. Subsection (c) of section 22a-42a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) (1) On and after the effective date of
the municipal regulations promulgated pursuant to
subsection (b) of this section, no regulated
activity shall be conducted upon any inland
wetland or watercourse without a permit. Any
person proposing to conduct or cause to be
conducted a regulated activity upon an inland
wetland or watercourse shall file an application
with the inland wetlands agency of the town or
towns wherein the wetland OR WATERCOURSE in
question is located. The application shall be in
such form and contain such information as the
inland wetlands agency may prescribe. The [day]
DATE of receipt of an application shall be the day
of the next regularly scheduled meeting of such
inland wetlands agency, immediately following the
day of submission to such inland wetlands agency
or its agent of such application, provided such
meeting is no earlier than three business days
after receipt, or thirty-five days after such
submission, whichever is sooner. The inland
wetlands agency shall not hold a public hearing on
such application unless the inland wetlands agency
determines that the proposed activity may have a
significant impact on wetlands or watercourses, a
petition signed by at least twenty-five persons
requesting a hearing is filed with the agency not
later than [thirty] FIFTEEN days after the
[submission] DATE OF RECEIPT of such application,
or the agency finds that a public hearing
regarding such application would be in the public
interest. Such hearing shall be held no later than
sixty-five days after the receipt of such
application. Notice of the hearing shall be
published at least twice at intervals of not less
than two days, the first not more than fifteen
days and not fewer than ten days, and the last not
less than two days before the date set for the
hearing in a newspaper having a general
circulation in each town where the affected
wetland or watercourse, or any part thereof, is
located. All applications and maps and documents
relating thereto shall be open for public
inspection. At such hearing any person or persons
may appear and be heard. The hearing shall be
completed within forty-five days of its
commencement. Action shall be taken on such
application within thirty-five days after the
completion of a public hearing or in the absence
of a public hearing within sixty-five days from
the date of receipt of such application. The
applicant may consent to one or more extensions of
the periods specified in this subsection for the
holding of the hearing and for action on such
application, provided the total extension of any
such period shall not be for longer than the
original period as specified in this subsection,
or may withdraw such application. If the inland
wetlands agency, or its agent, fails to act on any
application within thirty-five days after the
completion of a public hearing or in the absence
of a public hearing within sixty-five days from
the date of receipt of the application, or within
any extension of any such period, the applicant
may file such application with the Commissioner of
Environmental Protection who shall review and act
on such application in accordance with this
section. Any costs incurred by the commissioner in
reviewing such application for such inland
wetlands agency shall be paid by the municipality
that established or authorized the agency. Any
fees that would have been paid to such
municipality if such application had not been
filed with the commissioner shall be paid to the
state. The failure of the inland wetlands agency
or the commissioner to act within any time period
specified in this subsection, or any extension
thereof, shall not be deemed to constitute
approval of the application.
(2) An inland wetlands agency may delegate to
its duly authorized agent the authority to approve
or extend an activity that is not located in a
wetland or watercourse when such agent finds that
the conduct of such activity would result in no
greater than a minimal impact on any wetland or
watercourse provided such agent has completed the
comprehensive training program developed by the
commissioner pursuant to section 22a-39.
NOTWITHSTANDING THE PROVISIONS FOR RECEIPT AND
PROCESSING APPLICATIONS PRESCRIBED IN SUBDIVISION
(1) OF THIS SUBSECTION, SUCH AGENT MAY APPROVE OR
EXTEND SUCH AN ACTIVITY AT ANY TIME. Any person
receiving such approval from such agent shall,
within ten days of the date of such approval,
publish, at the applicant's expense, notice of the
approval in a newspaper having a general
circulation in the town wherein the activity is
located or will have an effect. Any person may
appeal such decision of such agent to the inland
wetlands agency within fifteen days after the
publication date of the notice and the inland
wetlands agency shall consider such appeal at its
next regularly scheduled meeting provided such
meeting is no earlier than three business days
after receipt by such agency or its agent of such
appeal. The inland wetlands agency shall, at its
discretion, sustain, alter or reject the decision
of its agent or require an application for a
permit in accordance with subdivision (1) of
subsection (c) of this section.
Sec. 11. Section 4a-67e of the general
statutes is repealed and the following is
substituted in lieu thereof:
On and after August 1, 1994, all recycled
xerographic or copy paper purchased by the state
for use in state offices shall meet the applicable
minimum recycled content standards established [by
the United States Environmental Protection Agency
at 40 Code of Federal Regulations, Part 250, as
guidelines] IN FEDERAL EXECUTIVE ORDER NO. 12873,
AND ANY REGULATIONS OR GUIDELINES PROMULGATED BY
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
TO CARRY OUT THE PURPOSES OF SAID ORDER, for
purchase of paper by the federal government
provided such paper shall have a composition such
that at least ten per cent of the fiber material
used to produce such paper is derived from
postconsumer recovered paper. Any recycled white
paper used for state lottery tickets and tax
return forms shall meet the standards provided
therein for xerographic copy paper provided at
least ten per cent of the fiber material used to
produce such paper is derived from postconsumer
recovered paper and further provided the recycled
paper for lottery tickets meets lottery security
requirements. On and after January 1, 1994, tax
return booklets prepared by the Department of
Revenue Services shall be printed on recycled
paper which meets the minimum recycled content
standards for white paper or newsprint, whichever
is used in such booklets, established by the
United States Environmental Protection Agency
provided at least ten per cent of the fiber
material used to produce such white paper is
derived from postconsumer recovered paper.
Sec. 12. Subsection (b) of section 22a-244 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(b) Every beverage container sold or offered
for sale in this state, except beverage containers
sold or offered for sale for consumption on an
interstate passenger carrier, shall clearly
indicate [in letters not less than one quarter
inch type size] by embossing or by a stamp or by a
label or other method securely affixed to the
beverage container (1) either the refund value of
the container or the words "return for deposit" or
"return for refund" or other words as approved by
the Department of Environmental Protection and (2)
either the word "Connecticut" or the abbreviation
"Ct.", provided this subdivision shall not apply
to glass beverage containers permanently marked or
embossed with a brand name.
Sec. 13. Subsection (b) of section 22a-133u
of the general statutes is repealed and the
following is substituted in lieu thereof:
(b) The Commissioner of Economic and
Community Development, with the approval of the
advisory board established in subsection (e) of
this section, may use any funds deposited into the
Special Contaminated Property Remediation and
Insurance Fund pursuant to section 12-63f or
section 3 of public act 96-250* for (1) loans to
municipalities, individuals or firms for Phase II
environmental site assessments, [or] Phase III
investigations of real property prepared in
accordance with section 22a-133y [and] OR for any
costs of demolition undertaken to prepare [such]
CONTAMINATED REAL property for development
subsequent to [such assessment] ANY PHASE III
INVESTIGATION and (2) expenses related to
administration of this subsection provided such
expenses may not exceed one hundred twenty-five
thousand dollars per year.
Sec. 14. Subsection (a) of section 22a-133y
of the general statutes is repealed and the
following is substituted in lieu thereof:
(a) On and after January 1, 1996, any
licensed environmental professional licensed by
the State Board of Examiners of Environmental
Professionals pursuant to section 22a-133v may,
pursuant to a voluntary site remediation conducted
in accordance with this section, conduct a Phase
II environmental site assessment or a Phase III
investigation, prepare a Phase III remedial action
plan, supervise remediation or submit a final
remedial action report to the Commissioner of
Environmental Protection in accordance with the
standards provided for remediation in the
regulations adopted by the commissioner under
section 22a-133k for any real property which has
been subject to a spill and which meets the
following criteria: (1) Such property is located
in an area classified as GB or GC under the
standards adopted by the commissioner for
classification of groundwater contamination; and
(2) such property is not the subject of any order
issued by the commissioner regarding such spill,
consent order or stipulated judgment regarding
such spill. Any such professional employed by a
municipality may enter, without liability, upon
any property within such municipality for the
purpose of performing an environmental site
assessment or investigation [pursuant to this
section] if the owner of such property is unknown
or such property is encumbered by a lien for taxes
due to such municipality. Nothing in this
subsection shall affect the ability of any person,
firm or corporation to provide any of the services
enumerated in this subsection in connection with
the remediation of contaminated real property
other than as provided for a voluntary site
remediation conducted pursuant to this section.
Sec. 15. Sections 22a-187 and 22a-187a of the
general statutes are repealed.
Sec. 16. This act shall take effect from its
passage.
Approved June 6, 1997