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General Assembly Raised Bill No. 6496
January Session, 2021
LCO No. 3596
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING CE RTAIN SOIL-RELATED INITIATIVES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-209f of the general statutes is amended by 1
adding subsection (c) as follows (Effective October 1, 2021): 2
(NEW) (c) (1) For purposes of this subsection: (A) "Beneficially 3
reclaimed materials" means any of the following materials that may 4
contain de minimis amounts of solid waste that is present incidentally 5
in such materials, including any mixture of the following materials: 6
(i) Soil or dewatered sediment that does not exceed the criteria 7
established by regulations adopted pursuant to title 22a, including, but 8
not limited to, criteria for any additional polluting substances for which 9
criteria are not specified in such regulations; 10
(ii) Asphalt, brick, concrete or ceramic material, provided such 11
material is virtually inert and poses no threat to pollute any 12
groundwater or surface waters; 13
(iii) Casting sand; 14 Raised Bill No. 6496
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(iv) Crushed recycled glass; or 15
(v) Street sweepings or catch basin clean-out materials. 16
"Beneficially reclaimed materials" does not include materials that 17
contain any asbestos, polychlorinated biphenyls, persistent 18
bioaccumulative toxins, hazardous waste or, unless approved by the 19
commissioner in writing, pyrrhotite-containing concrete; 20
(B) "Soil" means unconsolidated geologic material overlying bedrock; 21
(C) "Dewatered sediment" means unconsolidated material occurring 22
in a surface water body, with water removed; 23
(D) "Casting sand" means waste sand from the casting of metals, 24
provided such sand is not hazardous waste; 25
(E) "Crushed recycled glass" has the same meaning as provided in 26
section 22a-208z; 27
(F) "Hazardous waste" has the same meaning as provided in section 28
22a-448; 29
(G) "Persistent bioaccumulative toxins" means long-lived chemicals 30
that accumulate in the tissues of humans and that are toxic; and 31
(H) "Aquifer protection area" has the same meaning as provided in 32
section 22a-354h. 33
(2) (A) The Commissioner of Energy and Environmental Protection 34
may establish a pilot program for the beneficial use of beneficially 35
reclaimed materials. The primary purpose of such program shall be to 36
allow beneficially reclaimed materials to be used as fill when there is an 37
engineering need for fill materials and to facilitate the reclamation or 38
redevelopment of environmentally impaired or underutilized land. 39
(B) To implement the pilot program established pursuant to this 40
subdivision, the commissioner may issue no more than four 41
authorizations, provided: (i) Such authorization does not allow an 42 Raised Bill No. 6496
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activity for which an individual or general permit has been issued; (ii) 43
such authorization is not inconsistent with the requirements of the 44
federal Resource Conservation and Recovery Act, 42 USC 6901 et seq.; 45
(iii) such authorization is for single locations only and provides for not 46
less than one hundred thousand cubic yards of beneficially reclaimed 47
materials to be used as fill at such location; (iv) that prior to the 48
submission of an application for authorization in accordance with this 49
subsection, each municipality in which beneficially reclaimed materials 50
will be used as fill has issued all the necessary approvals specified in 51
subdivision (4) of this subsection; and (v) the commissioner finds that 52
the beneficial use of beneficially reclaimed materials does not harm or 53
present a threat to human health, safety or the environment. 54
(3) The commissioner may establish guidelines protective of public 55
health, safety and the environment for such authorizations and for a 56
letter of credit provided in accordance with this subsection and shall 57
give public notice on the Department of Energy and Environmental 58
Protection's Internet web site of such guidelines, or any subsequent 59
revision of such guidelines, with an opportunity for submission of 60
written comments by interested persons for a period of thirty days 61
following the publication of such notice. The commissioner shall post a 62
response to any comments received on the Department of Energy and 63
Environmental Protection's Internet web site. At a minimum, any such 64
guidelines shall contain a preference for use of environmentally 65
impaired or underutilized locations, provided that any location for 66
which an authorization is issued under this subsection shall: 67
(A) Be in an area (i) where the quality of the groundwaters of the 68
state, as classified in regulations adopted pursuant to section 22a-426, 69
and the classification maps adopted pursuant to said section, is either 70
"GB" or "GC", or (ii) that is served by a public drinking water supply; 71
(B) Not be in an aquifer protection area; and 72
(C) Be operated in compliance with sections 22a-426-1 to 22a-426-9, 73
inclusive, of the regulations of Connecticut state agencies and not 74 Raised Bill No. 6496
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adversely affect sensitive receptors or resources, including, but not 75
limited to, public or private water supply wells, wetlands, floodplains, 76
or threatened or endangered species. 77
(4) Prior to the submission of an application for authorization in 78
accordance with this subsection, an applicant shall: (A) Obtain a valid 79
certificate of zoning approval, special permit, special exception or 80
variance, or other documentation, from each municipality in which 81
beneficially reclaimed materials will be used as fill; (B) obtain a copy of 82
wetlands, aquifer protection, coastal site plan and any other required 83
approval from a municipality; and (C) comply with the process 84
specified in subsection (b) of section 22a-20a, regardless of whether the 85
location where beneficially reclaimed materials will be used as fill is 86
located in an environmental justice community; 87
(5) An application for authorization pursuant to this section shall be 88
submitted on forms prescribed by the commissioner and shall include, 89
at a minimum, the following information: (A) A plan for ensuring that 90
only beneficially reclaimed materials that satisfy the requirements of 91
this subsection are used as fill and a description of acceptability criteria 92
for the beneficially reclaimed materials proposed for beneficial use at 93
the subject location; (B) a plan describing the process for placing and 94
recording the placement of beneficially reclaimed materials; (C) a plan 95
for monitoring the waters of the state during the filling process and for 96
a period of not less than thirty years after filling is complete; (D) a 97
proposed letter of credit that conforms to the guidelines established by 98
the commissioner and the basis for the cost estimate used in such 99
proposed letter of credit; (E) the qualifications of the environmental 100
professionals intended to exercise oversight of all aspects of the 101
proposed activities; (F) a redevelopment plan for the location where 102
beneficially reclaimed materials will be placed, including engineering 103
plans and drawings in support of such redevelopment; (G) a list of each 104
municipal approval required for the proposed placement of beneficially 105
reclaimed materials and a written copy of each such approval; and (H) 106
any additional information required by the commissioner. Any such 107
application shall be accompanied by a nonrefundable application fee of 108 Raised Bill No. 6496
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twenty-five thousand dollars. 109
(6) Notwithstanding section 22a-208a or any regulations adopted 110
pursuant to section 22a-209, the issuance of an authorization under this 111
subsection, or a modification of an authorization under this subsection 112
when such modification is sought by the holder of an authorization, 113
shall conform to the following procedures: (A) The Commissioner of 114
Energy and Environmental Protection shall publish a notice of intent to 115
issue an authorization on the Department of Energy and Environmental 116
Protection's Internet web site. Such notice shall, at a minimum, include: 117
(i) The name and mailing address of the applicant and the address of the 118
location of the proposed activity; (ii) the application number; (iii) the 119
tentative decision regarding the application; (iv) the type of 120
authorization sought, including a reference to the applicable provision 121
of the general statutes or regulations of Connecticut state agencies; (v) a 122
description of the location of the proposed activity and any natural 123
resources that will be affected by such activity; (vi) the name, address 124
and telephone number of any agent of the applicant from whom 125
interested persons may obtain copies of the application; (vii) the length 126
of time available for submission of public comments to the 127
commissioner; and (viii) any other additional information the 128
commissioner deems necessary. There shall be a comment period of 129
thirty days following the publication of such notice by the commissioner 130
during which interested persons may submit written comments to the 131
commissioner; (B) the commissioner shall post a response to any 132
comments received on the Department of Energy and Environmental 133
Protection's Internet web site; and (C) the commissioner may approve 134
or deny such authorization based upon a review of the submitted 135
information. Any authorization issued pursuant to this subsection shall 136
define clearly the activity covered by such authorization and may 137
include such conditions or requirements as the commissioner deems 138
appropriate, including, but not limited to, investigation or remediation 139
of a location prior to placement of beneficially reclaimed materials, 140
operation and maintenance requirements, best management practices, 141
qualifications and requirements for environmental professional 142 Raised Bill No. 6496
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exercising oversight, groundwater monitoring, compliance with fill 143
management, closure, redevelopment or other plans, reporting and 144
recordkeeping requirements, auditing by an independent party and a 145
specified term. The commissioner shall require the posting of a letter of 146
credit to assure compliance with any authorization issued under this 147
subsection, including, but not limited to, implementation of a closure 148
plan and post-closure maintenance and monitoring. 149
(7) The commissioner may suspend or revoke any such authorization 150
and may modify an authorization if such modification is not sought by 151
the holder of an authorization, in accordance with the provisions of 152
section 4-182 and the applicable rules of practice adopted by the 153
department. 154
(8) Unless required by the federal Clean Water Act, a discharge 155
permit under section 22a-430 shall not be required for a discharge 156
authorized under this subsection. In addition, the soil reuse provisions 157
of the state remediation standards, adopted pursuant to section 22a-158
133k, shall not apply to an activity authorized under this subsection. 159
Sec. 2. Section 22a-5 of the general statutes is repealed and the 160
following is substituted in lieu thereof (Effective October 1, 2021): 161
The commissioner shall carry out the energy and environmental 162
policies of the state and shall have all powers necessary and convenient 163
to faithfully discharge this duty. In addition to and consistent with the 164
environment policy of the state, the commissioner shall (1) promote and 165
coordinate management of water, land and air resources to assure their 166
protection, enhancement and proper allocation and utilization; (2) 167
provide for the protection and management of plants, trees, fish, 168
shellfish, wildlife and other animal life of all types, including the 169
preservation of endangered species; (3) provide for the protection, 170
enhancement and management of the public forests, parks, open spaces 171
and natural area preserves; (4) provide for the protection, enhancement 172
and management of inland, marine and coastal water resources, 173
including, but not limited to, wetlands, rivers, estuaries and shorelines; 174 Raised Bill No. 6496
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(5) provide for the prevention and abatement of all water, land and air 175
pollution including, but not limited to, that related to particulates, gases, 176
dust, vapors, noise, radiation, odors, nutrients and cooled or heated 177
liquids, gases and solids; (6) provide for control of pests and regulate 178
the use, storage and disposal of pesticides and other chemicals which 179
may be harmful to man, sea life, animals, plant life or natural resources; 180
(7) regulate the disposal of solid waste and liquid waste, including but 181
not limited to, domestic and industrial refuse, junk motor vehicles, litter 182
and debris, which methods shall be consistent with sound health, scenic 183
environmental quality and land use practices; (8) regulate the storage, 184
handling and transportation of solids, liquids and gases which may 185
cause or contribute to pollution; (9) provide for minimum state-wide 186
standards for soil health and for the mining, extraction, excavation or 187
removal of earth materials of all types; (10) develop a comprehensive 188
energy plan for the state; (11) transition the state to cleaner, more diverse 189
and sustainable sources of energy; and (12) create opportunities for 190
innovation and technological advances in conserving energy and 191
reducing costs. 192
Sec. 3. Section 22a-314 of the general statutes is repealed and the 193
following is substituted in lieu thereof (Effective October 1, 2021): 194
The Commissioner of Energy and Environmental Protection may (a) 195
make or cause to be made surveys, investigations and research 196
concerning the problems of soil and water erosion and its control and 197
soil health and publish his findings and disseminate information 198
concerning the subject; (b) cooperate with or enter into agreements with 199
any state agency or any owner or occupant of land in this state to carry 200
out the provisions of this section; (c) obtain options upon or acquire, by 201
purchase, exchange, lease, gift, grant, bequest or devise, any property, 202
real or personal, or rights or interests therein, maintain, administer and 203
improve any property so acquired, and receive income from such 204
property and expend such income in carrying out the purposes of this 205
section; and may sell, lease or otherwise dispose of any such property 206
or interest therein for such purposes; (d) accept contributions in money, 207
services, materials or otherwise from the United States or from this state 208 Raised Bill No. 6496
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or from any person, firm or corporation for such purposes; and (e) as a 209
condition to extending of any material benefits to landowners, under 210
this section, require contributions to any operations upon such land and 211
require landowners who have consented to such work being done on 212
their land to enter into and perform such agreements as to long-term use 213
of such lands as will tend to prevent erosion thereon. Said 214
commissioner, or any assistant or employee of the Department of 215
Energy and Environmental Protection, may, at any reasonable time and 216
upon notice by registered mail sent to the last-known address of the 217
owner of such premises or with the oral permission of such owner or his 218
agent, enter any premises while engaged in the performance of duty 219
under the provisions of this title. Said commissioner shall have power 220
to make necessary regulations to carry out the provisions of this section. 221
Sec. 4. Section 22a-315 of the general statutes is repealed and the 222
following is substituted in lieu thereof (Effective October 1, 2021): 223
(a) In order to assist the Commissioner of Energy and Environmental 224
Protection in identifying and remedying the problems of soil and water 225
erosion, the commissioner shall, by regulation, establish soil and water 226
conservation districts and boards. Such boards shall advise him on 227
matters of soil and water conservation, soil health, erosion and 228
sedimentation control and shall assist him in implementing programs 229
concerning such matters. Such regulations shall (1) establish geographic 230
boundaries for each district, (2) establish procedures for the selection, 231
by the residents in each district, of a board of supervisors for each 232
district, and (3) provide operating procedures for such boards of such 233
districts. Such regulations shall be adopted pursuant to chapter 54. 234
(b) The commissioner by regulation pursuant to chapter 54, may 235
authorize such boards to (1) develop soil and water conservation, soil 236
health, erosion and sedimentation control programs, priorities and 237
workplans; (2) provide, by agreement, for technical assistance from 238
cooperating state and federal agencies to municipal and regional 239
agencies and to landowners; (3) receive funds, by transfer, grant or 240
otherwise from the commissioner, including grants pursuant to section 241 Raised Bill No. 6496
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22a-317, or by donation or subscription from private sources, and 242
expend such funds without regard to the provisions of chapter 50; (4) 243
use or provide for the use of state equipment made available pursuant 244
to section 22a-316; (5) enter into contracts and employ consultants and 245
other assistants on a contract basis or other basis for rendering legal, 246
financial, technical or other assistance and duties to carry out the 247
purposes of this chapter; and (6) acquire property by purchase, lease, 248
gift or otherwise and to hold such property in the name of the district. 249
(c) The commissioner may, by regulation, adopted pursuant to 250
chapter 54, establish a council to coordinate the activities of such boards 251
of such districts with the activities of the Department of Energy and 252
Environmental Protection and other state, regional and local agencies 253
and propose regulations to said department in matters of soil and water 254
erosion conservation and to advise and assist the commissioner in 255
conserving and protecting the land, water and other natural resources 256
of the state. The council shall be within the Department of Energy and 257
Environmental Protection for administrative purposes only. Such 258
council shall consist of nine members, five representing the soil and 259
water conservation districts to be selected by each of the five districts' 260
boards, the Commissioner of Energy and Environmental Protection or a 261
designee, the Commissioner of Agriculture, or a designee, a 262
representative of a nongovernmental organization appointed by the 263
Governor and a representative of The University of Connecticut's 264
cooperative extension system. In addition, the council shall include, but 265
not be limited to, the following at-large nonvoting members: The State 266
Conservationist or designee of the Natural Resource Conservation 267
Service, the director of the Connecticut Agricultural Experiment Station 268
or a designee, the director of the Storrs Agricultural Experiment Station 269
or a designee, municipal staff representatives responsible for erosion 270
and sedimentation control, the State Committee Chairman of the Farm 271
Services Agency and a council member of a resource conservation and 272
development area. The commissioner shall have the authority to receive 273
funds from any source on behalf of the council and shall expend such 274
funds with the advice and consent of the council for equipment, 275 Raised Bill No. 6496
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supplies, and such full-time and part-time staff and consultants as may 276
be necessary to carry out the council's duties and any other at-large, 277
nonvoting members who have expertise to support the duties of the 278
council. 279
(d) The council may receive funds from any source and expend such 280
funds for equipment, supplies, staff and consultants as may be 281
necessary to carry out its duties. The council shall distribute funds for 282
program activities after a vote in which the members representing the 283
boards of the soil and water conservation districts shall collectively have 284
one vote. The council may employ an executive director who shall not 285
be subject to the provisions of chapter 67. The council may seek funding 286
and provide financial support to boards of soil and water conservation 287
districts and other organizations for activities contributing to soil and 288
water conservation and soil health. The council may adopt and amend 289
by a majority vote such bylaws as it deems necessary to conduct its 290
business. 291
(e) Prior to the promulgation of any regulations by the commissioner 292
pursuant to subsections (a) and (b) of this section, such proposed 293
regulations shall first be approved by a majority of said council. 294
(f) For the purposes of this section, soil and water conservation 295
districts or boards shall not be considered state agencies or political or 296
administrative subdivisions of the state. 297
Sec. 5. Section 22a-328 of the general statutes is repealed and the 298
following is substituted in lieu thereof (Effective October 1, 2021): 299
The council shall develop guidelines for soil erosion and sediment 300
control and preservation of soil health on land being developed. The 301
guidelines shall outline methods and techniques for minimizing erosion 302
and sedimentation based on the best currently available technology. 303
Such guidelines shall include, but not be limited to, model regulations 304
that may be used by municipalities to comply with the provisions of 305
sections 22a-325 to 22a-329, inclusive. The Commissioner of Energy and 306
Environmental Protection and the soil and water conservation districts 307 Raised Bill No. 6496
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shall make the guidelines available to the public. 308
Sec. 6. (NEW) (Effective from passage) Notwithstanding the provisions 309
of chapter 444 and 446i of the general statutes, the Commissioner of 310
Energy and Environmental Protection shall create a separate, 311
streamlined permit process for maintenance marine dredging in order 312
to provide for the removal of accumulated sediment at marina basins 313
and access channels and boat slips. Not later than February 1, 2022, the 314
commissioner shall submit any legislative recommendations to further 315
implement the provisions of this section to the joint standing committee 316
of the General Assembly having cognizance of matters relating to the 317
environment. 318
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 22a-209f
Sec. 2 October 1, 2021 22a-5
Sec. 3 October 1, 2021 22a-314
Sec. 4 October 1, 2021 22a-315
Sec. 5 October 1, 2021 22a-328
Sec. 6 from passage New section
Statement of Purpose:
To authorize the use of certain sites for soil material deposits, encourage
healthy soils and expedite certain dredging requirements for marina
basin applications.
[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.]