House Bill No. 5302
Public Act No. 12-2
AN ACT CONCERNING MUNICIPALITIES AND SOLID WASTE FACILITIES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 22a-208b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Commissioner of Energy and Environmental Protection may issue a permit to construct a facility for the land disposal of solid waste pursuant to section 22a-208a, provided (1) the applicant submits to the commissioner a copy of a valid certificate of zoning approval, special permit, special exception or variance, or other documentation, establishing that the facility complies with the zoning requirements adopted by the municipality in which such facility is located pursuant to chapter 124 or any special act, or (2) the council has approved a negotiated agreement or issued an arbitration award in accordance with section 22a-285g.
(b) Nothing in this chapter or chapter 446e shall be construed to limit the right of a municipality to regulate, through zoning, land usage for an existing or new solid waste facility. No municipal regulation adopted pursuant to section 8-2 shall have the effect of prohibiting the construction, alteration or operation of solid waste facilities within the limits of a municipality.
Approved March 6, 2012