PA 08-173—sHB 5874

Environment Committee

AN ACT CONCERNING THE PERMITTING OF SOLID WASTE FACILITIES LOCATED NEAR HOUSING DEVELOPMENTS AND THE SALE OF CERTAIN HOUSING

SUMMARY: This act bars the Department of Environmental Protection (DEP) commissioner from permitting a solid waste facility to be built or operated on land whose boundary is within 150 feet of property where there is a housing development owned by a housing authority, unless the commissioner determines the facility does not pose a threat to (1) the environment of the surrounding geographic area or (2) public safety. The act does not define “surrounding geographic area. ” It exempts from this prohibition (1) permits to build or operate a solid waste facility issued on or before September 30, 2008 and (2) the renewal of these permits. Under the act, a solid waste facility is a solid waste disposal area, volume reduction plant, transfer station, wood-burning facility, biomedical waste treatment facility, or redemption center.

It also allows an owner, regardless of any law, condominium association bylaw, or affordable housing deed restriction limiting the sale price of housing, who purchased housing between July 1, 2004 and July 15, 2004 for more than the amount specified in the law, bylaw, or restriction, to sell it for an amount that does not exceed the purchase price.

EFFECTIVE DATE: The ban on the construction or operation of certain solid waste facilities is effective October 1, 2008. The condominium resale provision is effective upon passage.

BACKGROUND

Redemption Center

A redemption center is a facility established to redeem empty beverage containers from consumers, or to collect and sort empty beverage containers from dealers and prepare them for redemption by the appropriate distributors (CGS 22a-243).

Housing Authority

A housing authority is (1) any of the public corporations created by law (CGS 8-40) and (2) the Connecticut Housing Authority when exercising the rights, duties, or privileges of, or subject to the immunities or limitations of, housing authorities according to law (CGS 8-39).

OLR Tracking: PFSC: JL: DW