Substitute House Bill No. 6516
          Substitute House Bill No. 6516

              PUBLIC ACT NO. 97-300


AN ACT CONCERNING  BACKGROUND CHECKS OF APPLICANTS
FOR ENVIRONMENTAL PERMITS  AND THE CONSTRUCTION OF
CERTAIN SOLID WASTE FACILITIES.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  1.  Section  22a-6m  of  the  general
statutes is amended  by  adding  subsection (d) as
follows:
    (NEW) (d) In  reviewing  the application for a
permit, registration, certificate or other license
under   the  provisions   of   this   title,   the
commissioner may require  the applicant or, if the
applicant  is a  business  entity,  any  director,
officer, partner or  owner  of  more than five per
cent of the  total  outstanding stock of any class
of the applicant's business to submit to state and
national  criminal  history  records  checks.  The
commissioner may request  a state criminal history
records check for  each  such applicant, director,
officer, partner or  stockholder  from  the  State
Police Bureau of  Identification. The commissioner
may arrange for  each  such  applicant,  director,
officer, partner or  stockholder  to  provide  the
information  necessary to  conduct  such  criminal
history records checks  to the State Police Bureau
of   Identification  which   shall   submit   such
information to the Federal Bureau of Investigation
for a national criminal history records check. The
commissioner  may  charge   each  such  applicant,
director, officer, partner  or  stockholder  a fee
for the state criminal history records check which
shall not exceed  the  fee the State Police Bureau
of  Identification  is  authorized  to  charge  an
individual for performing  the check and a fee for
the national criminal  history records check which
shall not exceed  the  fee  charged by the Federal
Bureau of Investigation  for performing the check.
The  commissioner  shall  collect  such  fees  and
forward such fees  to  the  Department  of  Public
Safety. The review  by  the  commissioner  of  the
criminal history of each such applicant, director,
officer, partner or  stockholder  shall be limited
to  information  regarding   criminal  convictions
related   to  activities   regulated   under   the
environmental protection laws  of  this state, any
other state or the federal government.
    Sec. 2. Subsection  (a) of 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the general statutes is repealed and the following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. THE
COMMISSIONER SHALL NOT  AUTHORIZE  UNDER A GENERAL
PERMIT OR ISSUE  AN  INDIVIDUAL  PERMIT UNDER THIS
SECTION TO ESTABLISH  OR  CONSTRUCT  A  NEW VOLUME
REDUCTION PLANT OR  TRANSFER  STATION  LOCATED, OR
PROPOSED TO BE LOCATED, WITHIN ONE-QUARTER MILE OF
A CHILD DAY CARE CENTER, AS DEFINED IN SUBDIVISION
(1) OF SUBSECTION  (a)  OF  SECTION  19a-77,  IN A
MUNICIPALITY WITH A  POPULATION  GREATER  THAN ONE
HUNDRED THOUSAND PERSONS  PROVIDED  SUCH CENTER IS
OPERATING  AS  OF   THE  EFFECTIVE  DATE  OF  THIS
SECTION. THE COMMISSIONER  MAY  MODIFY  OR RENEW A
PERMIT FOR AN  EXISTING  VOLUME REDUCTION PLANT OR
TRANSFER   STATION,   IN   ACCORDANCE   WITH   THE
PROVISIONS OF THIS  CHAPTER, WITHOUT REGARD TO ITS
LOCATION. 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.
    Sec. 3. Section 22a-6o of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a)  Notwithstanding  any  provision  of  this
title or regulations adopted thereunder, no person
shall act or purport to act under the authority of
a license issued  to  another  unless such license
has been transferred  to such person in accordance
with  this  section   and  such  transfer  is  not
inconsistent with the  federal  Clean Air Act, the
federal Water Pollution Control Act or the federal
Resource Conservation and Recovery Act.
    (b) The licensee  and  the proposed transferee
shall register any such proposed transfer with the
commissioner within thirty days of the transfer of
ownership of the  facility  for  which the license
has been issued.  Such  registration  shall  be on
forms to be  prescribed  by  the  commissioner and
accompanied   by  a   fee   established   by   the
commissioner  to cover  costs  of  processing  the
transfer   of   license.   Upon   receipt   of   a
registration of a  proposed  transfer  of  license
pursuant  to this  section,  if  the  commissioner
determines that the  transferee  is able to comply
with the terms  and conditions of the license, the
commissioner shall send  a  notice to the licensee
and  proposed  transferee   which   confirms   the
registration and acknowledges the applicability of
the license to the transferee.
    (c)  If  the   commissioner   finds  that  the
information  submitted for  a  registration  of  a
license   transfer   under    this    section   is
insufficient for purposes  of  determining whether
the proposed transferee is able to comply with the
terms  and  conditions   of   the   license,   the
commissioner may require such transferee to submit
such additional information  as  the  commissioner
deems  necessary  to   make   such  determination,
INCLUDING, BUT NOT  LIMITED  TO,  ANY  INFORMATION
NECESSARY TO COMPLETE  A  CRIMINAL HISTORY RECORDS
CHECK UNDER SUBSECTION  (d)  OF SECTION 22a-6m, AS
AMENDED BY SECTION 1 OF THIS ACT.
    Sec. 4. This  act  shall  take effect from its
passage, except that  section  1 shall take effect
October 1, 1997.

Approved July 8, 1997