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General Assembly Raised Bill No. 7298
January Session, 2019
LCO No. 4926
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING TH E PERMITTING FOR CERTAIN SOLID
WASTE FACILITIES AND THE DESIGNATION OF RECYCLABLE
ITEMS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-6ee of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
Notwithstanding any provision of the general statutes, whether 3
received before, on or after May 29, 2018, the Department of Energy 4
and Environmental Protection shall [make best efforts to review and] 5
make a final determination on each of the following types of permit 6
applications not later than ninety days after receipt of such application 7
provided such application is complete and conforms with applicable 8
provisions of the general statutes and any regulation adopted pursuant 9
to such provisions: (1) Air permits for the temporary use of radiation 10
DTX or the temporary use of radiation RMI issued pursuant to section 11
22a-150, (2) aquifer protection registration issued pursuant to section 12
22a-354i-7 of the regulations of Connecticut state agencies, (3) 13
certificate of permission issued pursuant to section 22a-363b, (4) 14 Raised Bill No. 7298
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disposal of special waste issued pursuant to section 22a-209 and any 15
regulation adopted pursuant to said section, (5) collecting waste oil or 16
petroleum or chemical liquids or hazardous waste issued pursuant to 17
section 22a-454, (6) E-waste: Manufacturer issued pursuant to section 18
22a-630, (7) emergency discharge authorization issued pursuant to 19
subsection (a) of section 22a-6k, (8) online sportsmen licensing system, 20
(9) state park passes and bus permits issued pursuant to section 23-26, 21
(10) state parks and forests special use licenses issued pursuant to 22
section 23-11, (11) leases of camping sites issued pursuant to sections 23
23-16 and 23-16a, (12) boating permits issued pursuant to section 15-24
140b, (13) safe boating certifications issued pursuant to section 15-140e, 25
(14) marine event permits issued pursuant to section 15-121-A6 of the 26
regulations of Connecticut state agencies, (15) marine dealer 27
certificates issued pursuant to section 15-121-B5 of the regulations of 28
Connecticut state agencies, (16) navigation marker permit issued 29
pursuant to section 15-121-A5 of the regulations of Connecticut state 30
agencies, (17) regulatory marker permit issued pursuant to section 15-31
121-A5 of the regulations of Connecticut state agencies, (18) water ski 32
slalom course or jump permit issued pursuant to section 15-134, (19) 33
inland fishing licenses issued pursuant to section 26-112, (20) marine 34
recreational and commercial licenses, (21) hunting and trapping issued 35
pursuant to section 26-30, (22) nonshooting field trial issued pursuant 36
to section 26-51-2 of the regulations of Connecticut state agencies, (23) 37
private land shooting preserve permit issued pursuant to section 26-48, 38
(24) regulated hunting dog training applications issued pursuant to 39
sections 26-49, 26-51 and 26-52, (25) scientific collection permit for 40
aquatic species, plants and wildlife, and for educational mineral 41
collection issued pursuant to section 26-60, (26) commercial fishing 42
licenses and permits issued pursuant to section 26-142a, (27) nuisance 43
wildlife control operator issued pursuant to subsection (b) of section 44
26-47, (28) taxidermist issued pursuant to section 26-58, [and] (29) 45
wildlife rehabilitator issued pursuant to section 26-54, and (30) 46
management of new or existing environmental projects conducted by 47
one or more municipalities, including, but not limited to, construction 48
and operation of a solid waste transfer station, recycling or compost 49 Raised Bill No. 7298
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facility and modifications or additions to a publicly owned treatment 50
works. [Unless an applicant provides the] The department [with 51
additional time, in writing, the department] shall ensure that all 52
deficiencies in any of the applications for a permit described in this 53
section are identified and the applicant notified, in writing, of such 54
deficiencies not later than ninety days after the department received 55
such application. 56
Sec. 2. Subdivision (28) of section 22a-207 of the general statutes is 57
repealed and the following is substituted in lieu thereof (Effective 58
October 1, 2019): 59
(28) "Designated recyclable item" means [an item designated for 60
recycling by the Commissioner of Energy and Environmental 61
Protection in regulations adopted pursuant to subsection (a) of section 62
22a-241b, or designated for recycling pursuant to section 22a-208v or 63
22a-256] materials that are (A) reasonably and economically 64
recoverable in such a manner that the recovery, processing, marketing 65
and transport of such materials to end markets does not increase costs 66
to businesses, municipalities, institutions or residents in the state, (B) 67
demonstrated to have an existing market, and (C) designated by the 68
Commissioner of Energy and Environmental Protection as such 69
pursuant to regulations adopted by the commissioner pursuant to 70
subsection (a) of section 22a-241b, as amended by this act; 71
Sec. 3. Section 22a-208e of the general statutes is repealed and the 72
following is substituted in lieu thereof (Effective October 1, 2019): 73
(a) The owner or operator of each resources recovery facility and 74
each solid waste disposal area shall submit [a report to] an electronic 75
report to the Internet web portal established by the Commissioner of 76
Energy and Environmental Protection quarterly with respect to the 77
calendar quarter beginning on October 1, [1989] 2019, and each 78
calendar quarter thereafter, on or before the last day of the month 79
immediately following the end of each quarter. [Such report shall be 80
on a form prescribed by the commissioner and shall provide such 81 Raised Bill No. 7298
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information the commissioner deems necessary, including but not 82
limited to, the amount of solid waste, by weight or other method 83
acceptable to the commissioner, received from each municipal or other 84
customer. Such report shall also include for each Connecticut 85
municipality the total amount of solid waste originating therefrom. 86
The owner or operator shall submit to each such municipality a copy 87
of all such information pertaining to the municipality.] At the 88
discretion of such owner or operator, a paper copy of such report may 89
be submitted in lieu of such electronic report provided each report 90
submitted by such owner or operator utilize a standardized form that 91
is identical for each facility of such owner or operator. Any report 92
submitted pursuant to this subsection shall be posted on the 93
department's Internet web site not later than sixty days after receipt 94
and in a manner that enables such owner or operator to verify that the 95
department has correctly recorded the information provided by such 96
owner or operator. In the event that the department is unable to 97
establish an effective Internet web portal for the optional electronic 98
submission of such reports, the reporting requirements of this 99
subsection shall be suspended until such time as such an Internet web 100
portal is established by the department. The Commissioner of Energy 101
and Environmental Protection shall adopt regulations, in accordance 102
with the provisions of chapter 54, to establish the data required to be 103
reported pursuant to this subsection provided, [If] if precise data are 104
not available, the owner or operator may use a method of estimating 105
acceptable to the commissioner. 106
(b) The commissioner may require the owner or operator of any 107
other solid waste facility and, consistent with the requirements of 108
subsection (c) of this section and section 22a-208f, the owner or 109
operator of any recycling facility to report the information specified in 110
subsection (a) in the manner set forth in said subsection. Such 111
requirement shall be made by written notification to the owner or 112
operator of the facility. 113
(c) The owner or operator of any recycling facility which receives for 114
processing or sale the following items generated from within the 115 Raised Bill No. 7298
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boundaries of a Connecticut municipality: (1) Cardboard, (2) [glass,] 116
food and beverage containers, (3) leaves, (4) metal food and beverage 117
containers, (5) newspapers, (6) storage batteries, (7) waste oil, (8) 118
plastic food and beverage containers, and (9) office paper, shall report 119
[for each such item the information specified in subsection (a) of this 120
section in the manner set forth in said subsection. If a municipality or 121
collector of recyclable items delivers any of the items listed in this 122
subsection to a recycling facility which is not located in this state, such 123
municipality or collector shall notify the commissioner of the name 124
and address of the owner or operator of such facility and shall ensure, 125
by contract, that such facility has notice of and complies with the 126
reporting requirements of this section] the data required by regulations 127
adopted pursuant to subsection (a) of this section. As used in this 128
section, "office paper" means used or discarded white or manila paper 129
including, but not limited to, paper utilized for file folders, tab cards, 130
writing, typing, printing, computer printing and photocopying, which 131
paper is suitable for recycling, but does not mean office paper 132
generated by households. 133
Sec. 4. Subsection (a) of Section 22a-241a of the general statutes is 134
repealed and the following is substituted in lieu thereof (Effective 135
October 1, 2019): 136
(a) (1) On or before July 1, 2016, the Commissioner of Energy and 137
Environmental Protection shall revise the state-wide solid waste 138
management plan adopted pursuant to section 22a-228 to include a 139
strategy for diverting, through source reduction, reuse and recycling, 140
[not less than] approximately sixty per cent of the solid waste 141
generated in the state after January 1, 2024. Such strategy [shall] may 142
include [, but not be limited to,] modernization of solid waste 143
management infrastructure throughout the state through the efforts of 144
private, public and quasi-public entities, promotion of organic 145
materials management, the recycling of construction and demolition 146
debris, the development of intermediate processing centers [, 147
recommendations for the development of municipal or regional 148
recycling programs, options for local compliance of municipalities 149 Raised Bill No. 7298
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with recycling requirements] and the composting of solid waste. The 150
commissioner shall consult with municipalities in developing any 151
revision to the state-wide solid waste management plan and with the 152
Connecticut Agricultural Experiment Station on issues related to 153
composting. 154
(2) Notwithstanding the provisions of subdivision (1) of this 155
subsection, the commissioner shall temporarily suspend activities and 156
expenditures of the department's staff and consultants not employed 157
by the state who are engaged in conducting studies, outreach and 158
research related to the recycling strategies of the state-wide solid waste 159
management plan until the commissioner examines the costs of such 160
studies, outreach and research and the staff resources of the 161
department to undertake initiatives pursuant to this section. The 162
commissioner shall report the results of such examination, in 163
accordance with section 11-4a, to the joint standing committee of the 164
General Assembly having cognizance of matters relating to the 165
environment not later than October 1, 2019. During any such 166
suspension, the commissioner shall direct such staff to improving the 167
amount of time required by the department to issue permits pursuant 168
to this chapter. 169
Sec. 5. Section 22a-241b of the general statutes is repealed and the 170
following is substituted in lieu thereof (Effective October 1, 2019): 171
(a) (1) On or before February 1, 1988, the Commissioner of Energy 172
and Environmental Protection shall adopt regulations in accordance 173
with the provisions of chapter 54 designating items that are required to 174
be recycled. The commissioner may designate other items as suitable 175
for recycling and amend such regulations accordingly. 176
(2) On or before October 1, 2011, the Commissioner of Energy and 177
Environmental Protection shall amend the regulations adopted 178
pursuant to subdivision (1) of this subsection to expand the list of 179
designated recyclable items to add (A) containers of three gallons or 180
less made of polyethylene terephthalate plastic and high-density 181 Raised Bill No. 7298
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polyethylene plastic, and (B) additional types of paper, including, but 182
not limited to, [boxboard, magazines,] residential high-grade white 183
paper. [and colored ledger.] 184
(b) Any designated recyclable item shall be recycled by a 185
municipality within six months of the availability of service to such 186
municipality by a regional processing center or local processing 187
system. 188
(c) Each person who generates solid waste from residential property 189
shall, in accordance with subsection (f) of section 22a-220, separate 190
from other solid waste the items designated for recycling pursuant to 191
subdivision (1) of subsection (a) of this section. 192
(d) Every person who generates solid waste from a property other 193
than a residential property shall, in accordance with subsection (f) of 194
section 22a-220, make provision for and cause the separation from 195
other solid waste of the items designated for recycling pursuant to 196
subdivision (1) of subsection (a) of this section through the use of one 197
or more collection containers for designated recyclable items that are 198
separate from the collection containers for other solid waste. Collection 199
containers that have been used for the collection of solid waste may be 200
converted to containers for the collection of designated recyclable 201
items by labeling or other means to identify that such container is 202
dedicated to collecting designated recyclable items. On and after July 203
1, 2012, the provisions of this subsection shall also apply to items 204
designated for recycling pursuant to subdivision (2) of subsection (a) 205
of this section. 206
(e) No person shall knowingly combine previously segregated 207
designated recyclable items with other solid waste. 208
(f) For the purposes of this section, ["boxboard" means a lightweight 209
paperboard made from a variety of recovered fibers having sufficient 210
folding properties and thickness to be used to manufacture folding or 211
set-up boxes.] "designated recyclable item" has the same meaning as 212
provided in section 22a-207, as amended by this act. 213 Raised Bill No. 7298
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 22a-6ee
Sec. 2 October 1, 2019 22a-207(28)
Sec. 3 October 1, 2019 22a-208e
Sec. 4 October 1, 2019 22a-241a(a)
Sec. 5 October 1, 2019 22a-241b
Statement of Purpose:
To (1) require final determinations on certain permits of the
Department of Energy and Environmental Protection within ninety
days of the submission of such permit applications, including certain
solid waste management facilities and publicly owned treatment
works, (2) redesignate recyclable items, (3) reallocate department staff
resources concerning solid waste management, and (4) revise certain
reporting requirements of resources recovery facilities.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]