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General Assembly Substitute Bill No. 6496
January Session, 2021
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 generated in 4
the state that may contain de minimis amounts of solid waste that is 5
present incidentally in such materials, including any mixture of the 6
following materials: 7
(i) Soil or dewatered sediment that does not exceed the criteria 8
established by regulations adopted pursuant to section 22a-133k, 9
including, but not limited to, criteria for any additional polluting 10
substances for which criteria are not specified in such regulations; 11
(ii) Asphalt, brick, concrete or ceramic material, provided such 12
material is virtually inert and poses no threat to pollute any 13
groundwater or surface waters; 14
(iii) Casting sand; 15
(iv) Crushed recycled glass; or 16 Substitute Bill No. 6496
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(v) Street sweepings or catch basin clean-out materials. 17
"Beneficially reclaimed materials" does not include materials that 18
contain any asbestos, polychlorinated biphenyls, persistent 19
bioaccumulative toxins, hazardous waste or, unless approved by the 20
commissioner in writing, pyrrhotite-containing concrete; 21
(B) "Soil" means unconsolidated geologic material overlying bedrock; 22
(C) "Dewatered sediment" means unconsolidated material occurring 23
in a surface water body, with water removed; 24
(D) "Casting sand" means waste sand from the casting of metals, 25
provided such sand is not hazardous waste; 26
(E) "Crushed recycled glass" has the same meaning as provided in 27
section 22a-208z; 28
(F) "Hazardous waste" has the same meaning as provided in section 29
22a-448; 30
(G) "Persistent bioaccumulative toxins" means long-lived chemicals 31
that accumulate in the tissues of humans and that are toxic; and 32
(H) "Aquifer protection area" has the same meaning as provided in 33
section 22a-354h. 34
(2) (A) The Commissioner of Energy and Environmental Protection 35
may establish a pilot program for the beneficial use of beneficially 36
reclaimed materials. The primary purpose of such program shall be to 37
allow beneficially reclaimed materials to be used as fill when there is an 38
engineering need for fill materials and to facilitate the reclamation or 39
redevelopment of environmentally impaired or underutilized land. 40
(B) To implement the pilot program established pursuant to this 41
subsection, the commissioner may issue no more than four 42
authorizations, provided: (i) Such authorization does not allow an 43
activity for which an individual or general permit has been issued; (ii) 44 Substitute Bill No. 6496
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such authorization is not inconsistent with the requirements of the 45
federal Resource Conservation and Recovery Act, 42 USC 6901 et seq.; 46
(iii) such authorization is for single locations only and provides for not 47
less than one hundred thousand cubic yards of beneficially reclaimed 48
materials to be used as fill at such location; (iv) that prior to the 49
submission of an application for authorization in accordance with this 50
subsection, each municipality in which beneficially reclaimed materials 51
will be used as fill has issued all the necessary approvals specified in 52
subdivision (4) of this subsection; and (v) the commissioner finds that 53
the beneficial use of beneficially reclaimed materials does not harm or 54
present a threat to human health, safety or the environment. 55
(3) The commissioner may establish guidelines protective of public 56
health, safety and the environment for such authorizations and for a 57
letter of credit provided in accordance with this subsection and shall 58
give public notice on the Department of Energy and Environmental 59
Protection's Internet web site of such guidelines, or any subsequent 60
revision of such guidelines, with an opportunity for submission of 61
written comments by interested persons for a period of thirty days 62
following the publication of such notice. The commissioner shall post a 63
response to any comments received on the Department of Energy and 64
Environmental Protection's Internet web site. At a minimum, any such 65
guidelines shall contain a preference for use of environmentally 66
impaired or underutilized locations, provided that any location for 67
which an authorization is issued under this subsection shall: 68
(A) Be in an area (i) where the quality of the groundwaters of the 69
state, as classified in regulations adopted pursuant to section 22a-426, 70
and the classification maps adopted pursuant to said section, is either 71
"GB" or "GC", and (ii) that is served by a public drinking water supply; 72
(B) Not be in an aquifer protection area; and 73
(C) Be operated in compliance with sections 22a-426-1 to 22a-426-9, 74
inclusive, of the regulations of Connecticut state agencies and not 75
adversely affect sensitive receptors or resources, including, but not 76 Substitute Bill No. 6496
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limited to, public or private water supply wells, wetlands, floodplains, 77
or threatened or endangered species. 78
(4) Prior to the submission of an application for authorization in 79
accordance with this subsection, an applicant shall: (A) Obtain a valid 80
certificate of zoning approval, special permit, special exception or 81
variance, or other documentation, from each municipality in which 82
beneficially reclaimed materials will be used as fill; (B) obtain a copy of 83
wetlands, aquifer protection, coastal site plan and any other required 84
approval from each municipality; and (C) comply with the process 85
specified in subsection (b) of section 22a-20a, regardless of whether the 86
location where beneficially reclaimed materials will be used as fill is 87
located in an environmental justice community; 88
(5) An application for authorization pursuant to this subsection shall 89
be submitted on forms prescribed by the commissioner and shall 90
include, at a minimum, the following information: (A) A plan for 91
ensuring that only beneficially reclaimed materials that satisfy the 92
requirements of this subsection are used as fill and a description of 93
acceptability criteria for the beneficially reclaimed materials proposed 94
for beneficial use at the subject location; (B) a plan describing the process 95
for placing and recording the placement of beneficially reclaimed 96
materials; (C) a plan for monitoring the waters of the state during the 97
filling process and for a period of not less than thirty years after filling 98
is complete; (D) a proposed letter of credit that conforms to the 99
guidelines established by the commissioner pursuant to subdivision (3) 100
of this subsection and the basis for the cost estimate used in such 101
proposed letter of credit; (E) the qualifications of the environmental 102
professionals intended to exercise oversight of all aspects of the 103
proposed activities; (F) a redevelopment plan for the location where 104
beneficially reclaimed materials will be placed, including engineering 105
plans and drawings in support of such redevelopment; (G) a list of each 106
municipal approval required for the proposed placement of beneficially 107
reclaimed materials and a written copy of each such approval; and (H) 108
any additional information required by the commissioner. Any such 109 Substitute Bill No. 6496
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application shall be accompanied by a nonrefundable application fee of 110
twenty-five thousand dollars. 111
(6) Notwithstanding section 22a-208a or any regulations adopted 112
pursuant to section 22a-209, the issuance of an authorization under this 113
subsection, or a modification of an authorization under this subsection 114
when such modification is sought by the holder of an authorization, 115
shall conform to the following procedures: (A) The Commissioner of 116
Energy and Environmental Protection shall publish a notice of intent to 117
issue an authorization on the Department of Energy and Environmental 118
Protection's Internet web site. Such notice shall, at a minimum, include: 119
(i) The name and mailing address of the applicant and the address of the 120
location of the proposed activity; (ii) the application number; (iii) the 121
tentative decision regarding the application; (iv) the type of 122
authorization sought, including a reference to the applicable provision 123
of the general statutes or regulations of Connecticut state agencies; (v) a 124
description of the location of the proposed activity and any natural 125
resources that will be affected by such activity; (vi) the name, address 126
and telephone number of any agent of the applicant from whom 127
interested persons may obtain copies of the application; (vii) the length 128
of time available for submission of public comments to the 129
commissioner; and (viii) any other additional information the 130
commissioner deems necessary. There shall be a comment period of 131
thirty days following the publication of such notice by the commissioner 132
during which interested persons may submit written comments to the 133
commissioner; (B) the commissioner shall post a response to any 134
comments received on the Department of Energy and Environmental 135
Protection's Internet web site; and (C) the commissioner may approve 136
or deny such authorization based upon a review of the submitted 137
information. Any authorization issued pursuant to this subsection shall 138
define clearly the activity covered by such authorization and may 139
include such conditions or requirements as the commissioner deems 140
appropriate, including, but not limited to, investigation or remediation 141
of a location prior to placement of beneficially reclaimed materials, 142
operation and maintenance requirements, best management practices, 143 Substitute Bill No. 6496
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qualifications and requirements for environmental professional 144
exercising oversight, groundwater monitoring, compliance with fill 145
management, closure, redevelopment or other plans, reporting and 146
recordkeeping requirements, auditing by an independent party and a 147
specified term. The commissioner shall require the posting of a letter of 148
credit to assure compliance with any authorization issued under this 149
subsection, including, but not limited to, implementation of a closure 150
plan and post-closure maintenance and monitoring. 151
(7) The commissioner may suspend or revoke any such authorization 152
and may modify an authorization if such modification is not sought by 153
the holder of an authorization, in accordance with the provisions of 154
section 4-182 and the applicable rules of practice adopted by the 155
department. 156
(8) Unless required by the federal Clean Water Act, a discharge 157
permit under section 22a-430 shall not be required for a discharge 158
authorized under this subsection. In addition, the soil reuse provisions 159
of the state remediation standards, adopted pursuant to section 22a-160
133k, shall not apply to an activity authorized under this subsection. 161
Sec. 2. Section 22a-5 of the general statutes is repealed and the 162
following is substituted in lieu thereof (Effective October 1, 2021): 163
The commissioner shall carry out the energy and environmental 164
policies of the state and shall have all powers necessary and convenient 165
to faithfully discharge this duty. In addition to and consistent with the 166
environment policy of the state, the commissioner shall (1) promote and 167
coordinate management of water, land and air resources to assure their 168
protection, enhancement and proper allocation and utilization; (2) 169
provide for the protection and management of plants, trees, fish, 170
shellfish, wildlife and other animal life of all types, including the 171
preservation of endangered species; (3) provide for the protection, 172
enhancement and management of the public forests, parks, open spaces 173
and natural area preserves; (4) provide for the protection, enhancement 174
and management of inland, marine and coastal water resources, 175 Substitute Bill No. 6496
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including, but not limited to, wetlands, rivers, estuaries and shorelines; 176
(5) provide for the prevention and abatement of all water, land and air 177
pollution including, but not limited to, that related to particulates, gases, 178
dust, vapors, noise, radiation, odors, nutrients and cooled or heated 179
liquids, gases and solids; (6) provide for control of pests and regulate 180
the use, storage and disposal of pesticides and other chemicals which 181
may be harmful to man, sea life, animals, plant life or natural resources; 182
(7) regulate the disposal of solid waste and liquid waste, including but 183
not limited to, domestic and industrial refuse, junk motor vehicles, litter 184
and debris, which methods shall be consistent with sound health, scenic 185
environmental quality and land use practices; (8) regulate the storage, 186
handling and transportation of solids, liquids and gases which may 187
cause or contribute to pollution; (9) provide for minimum state-wide 188
standards for soil health and for the mining, extraction, excavation or 189
removal of earth materials of all types; (10) develop a comprehensive 190
energy plan for the state; (11) transition the state to cleaner, more diverse 191
and sustainable sources of energy; and (12) create opportunities for 192
innovation and technological advances in conserving energy and 193
reducing costs. 194
Sec. 3. Section 22a-314 of the general statutes is repealed and the 195
following is substituted in lieu thereof (Effective October 1, 2021): 196
The Commissioner of Energy and Environmental Protection may (a) 197
make or cause to be made surveys, investigations and research 198
concerning the problems of soil and water erosion and its control and 199
soil health and publish his findings and disseminate information 200
concerning the subject; (b) cooperate with or enter into agreements with 201
any state agency or any owner or occupant of land in this state to carry 202
out the provisions of this section; (c) obtain options upon or acquire, by 203
purchase, exchange, lease, gift, grant, bequest or devise, any property, 204
real or personal, or rights or interests therein, maintain, administer and 205
improve any property so acquired, and receive income from such 206
property and expend such income in carrying out the purposes of this 207
section; and may sell, lease or otherwise dispose of any such property 208 Substitute Bill No. 6496
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or interest therein for such purposes; (d) accept contributions in money, 209
services, materials or otherwise from the United States or from this state 210
or from any person, firm or corporation for such purposes; and (e) as a 211
condition to extending of any material benefits to landowners, under 212
this section, require contributions to any operations upon such land and 213
require landowners who have consented to such work being done on 214
their land to enter into and perform such agreements as to long-term use 215
of such lands as will tend to prevent erosion thereon. Said 216
commissioner, or any assistant or employee of the Department of 217
Energy and Environmental Protection, may, at any reasonable time and 218
upon notice by registered mail sent to the last-known address of the 219
owner of such premises or with the oral permission of such owner or his 220
agent, enter any premises while engaged in the performance of duty 221
under the provisions of this title. Said commissioner shall have power 222
to make necessary regulations to carry out the provisions of this section. 223
Sec. 4. Section 22a-315 of the general statutes is repealed and the 224
following is substituted in lieu thereof (Effective October 1, 2021): 225
(a) In order to assist the Commissioner of Energy and Environmental 226
Protection in identifying and remedying the problems of soil and water 227
erosion, the commissioner shall, by regulation, establish soil and water 228
conservation districts and boards. Such boards shall advise [him] the 229
commissioner on matters of soil and water conservation, soil health, 230
erosion and sedimentation control and shall assist [him] the 231
commissioner in implementing programs concerning such matters. 232
Such regulations shall (1) establish geographic boundaries for each 233
district, (2) establish procedures for the selection, by the residents in 234
each district, of a board of supervisors for each district, and (3) provide 235
operating procedures for such boards of such districts. Such regulations 236
shall be adopted pursuant to chapter 54. 237
(b) The commissioner by regulation pursuant to chapter 54, may 238
authorize such boards to (1) develop soil and water conservation, soil 239
health, erosion and sedimentation control programs, priorities and 240
workplans; (2) provide, by agreement, for technical assistance from 241 Substitute Bill No. 6496
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cooperating state and federal agencies to municipal and regional 242
agencies and to landowners; (3) receive funds, by transfer, grant or 243
otherwise from the commissioner, including grants pursuant to section 244
22a-317, or by donation or subscription from private sources, and 245
expend such funds without regard to the provisions of chapter 50; (4) 246
use or provide for the use of state equipment made available pursuant 247
to section 22a-316; (5) enter into contracts and employ consultants and 248
other assistants on a contract basis or other basis for rendering legal, 249
financial, technical or other assistance and duties to carry out the 250
purposes of this chapter; and (6) acquire property by purchase, lease, 251
gift or otherwise and to hold such property in the name of the district. 252
(c) The commissioner may, by regulation, adopted pursuant to 253
chapter 54, establish a council to coordinate the activities of such boards 254
of such districts with the activities of the Department of Energy and 255
Environmental Protection and other state, regional and local agencies 256
and propose regulations to said department in matters of soil and water 257
erosion conservation and to advise and assist the commissioner in 258
conserving and protecting the land, water and other natural resources 259
of the state. The council shall be within the Department of Energy and 260
Environmental Protection for administrative purposes only. Such 261
council shall consist of nine members, five representing the soil and 262
water conservation districts to be selected by each of the five districts' 263
boards, the Commissioner of Energy and Environmental Protection or a 264
designee, the Commissioner of Agriculture, or a designee, a 265
representative of a nongovernmental organization appointed by the 266
Governor and a representative of The University of Connecticut's 267
cooperative extension system. In addition, the council shall include, but 268
not be limited to, the following at-large nonvoting members: The State 269
Conservationist or designee of the Natural Resource Conservation 270
Service, the director of the Connecticut Agricultural Experiment Station 271
or a designee, the director of the Storrs Agricultural Experiment Station 272
or a designee, municipal staff representatives responsible for erosion 273
and sedimentation control, the State Committee Chairman of the Farm 274
Services Agency and a council member of a resource conservation and 275 Substitute Bill No. 6496
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development area. The commissioner shall have the authority to receive 276
funds from any source on behalf of the council and shall expend such 277
funds with the advice and consent of the council for equipment, 278
supplies, and such full-time and part-time staff and consultants as may 279
be necessary to carry out the council's duties and any other at-large, 280
nonvoting members who have expertise to support the duties of the 281
council. 282
(d) The council may receive funds from any source and expend such 283
funds for equipment, supplies, staff and consultants as may be 284
necessary to carry out its duties. The council shall distribute funds for 285
program activities after a vote in which the members representing the 286
boards of the soil and water conservation districts shall collectively have 287
one vote. The council may employ an executive director who shall not 288
be subject to the provisions of chapter 67. The council may seek funding 289
and provide financial support to boards of soil and water conservation 290
districts and other organizations for activities contributing to soil and 291
water conservation and soil health. The council may adopt and amend 292
by a majority vote such bylaws as it deems necessary to conduct its 293
business. 294
(e) Prior to the promulgation of any regulations by the commissioner 295
pursuant to subsections (a) and (b) of this section, such proposed 296
regulations shall first be approved by a majority of said council. 297
(f) For the purposes of this section, soil and water conservation 298
districts or boards shall not be considered state agencies or political or 299
administrative subdivisions of the state. 300
Sec. 5. Section 22a-328 of the general statutes is repealed and the 301
following is substituted in lieu thereof (Effective October 1, 2021): 302
The council shall develop guidelines for soil erosion and sediment 303
control and preservation of soil health on land being developed. The 304
guidelines shall outline methods and techniques for minimizing erosion 305
and sedimentation based on the best currently available technology. 306 Substitute Bill No. 6496
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Such guidelines shall include, but not be limited to, model regulations 307
that may be used by municipalities to comply with the provisions of 308
sections 22a-325 to 22a-329, inclusive. The Commissioner of Energy and 309
Environmental Protection and the soil and water conservation districts 310
shall make the guidelines available to the public. 311
Sec. 6. (Effective from passage) Not later than November 1, 2021, the 312
Commissioner of Energy and Environmental Protection shall submit to 313
the joint standing committee of the General Assembly having 314
cognizance of matters relating to the environment, in accordance with 315
section 11-4a of the general statutes, a report on the approval process for 316
maintenance marine dredging projects for the previous four year 317
period. Such report shall include, but not be limited to, a description of 318
each such application during such four year period, an analysis of the 319
timeframe for action on such application by the Department of Energy 320
and Environmental Protection and whether such application was 321
approved or denied by the department. 322
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
ENV Joint Favorable Subst.
APP Joint Favorable