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statutes  is  repealed  and   the   following   is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