Researcher: KLM Page 1 3/31/21
OLR Bill Analysis
sHB 6496
AN ACT CONCERNING CERTAIN SOIL -RELATED INITIATIVES.
SUMMARY
This bill allows the Department of Energy and Environmental
Protection (DEEP) commissioner to establish a pilot program to
beneficially use as fill certain reclaimed materials generated in
Connecticut that may have very minor amounts of solid waste. Under
the bill, the commissioner may authorize four projects using these
materials, subject to certain conditions, including that there is no harm
or threat to human health, safety, or the environment (§ 1).
The law charges the DEEP commissioner with carrying out the
state’s environmental policies. The bill expands her responsibilities
under this charge by requiring her to provide statewide soil health
standards. It correspondingly expands the Council on Soil and Water
Conservation’s charge. The bill also (1) allows DEEP’s commissioner to
have research done on soil health and (2) requires her to update
regulations on soil and water conservation districts and boards to
include soil health matters (§§ 2-5).
Lastly, the bill requires the DEEP commissioner, by November 1,
2021, to submit a report to the Environment Committee on the
approval process for maintenance marine dredging projects for the last
four years. The report must (1) describe each dredging project
application and (2) analyze how long it took DEEP to act on each
application and specify if DEEP approved or denied the application (§
6).
EFFECTIVE DATE: October 1, 2021, except the DEEP reporting
requirement for marine dredging projects is effective upon passage.
§ 1 — BENEFICIAL USE PILOT PROGRAM 2021HB-06496-R000230-BA.DOCX
Researcher: KLM Page 2 3/31/21
Program Purpose
Under the bill, the pilot program’s primary purposes are to (1) allow
the use of “beneficially reclaimed materials” as fill if there is an
engineering need for fill materials and (2) help reclaim or redevelop
environmentally impaired or underused land.
Acceptable Materials
The bill allows the following “beneficially reclaimed materials,”
which may have de minimis amounts of incidentally present solid
waste, to be used for projects accepted as part of the pilot program:
1. soil or dewatered sediment that does not exceed criteria set out
in state regulations for remediating pollution at hazardous
waste disposal sites and properties that had a spill, and criteria
for other polluting substances not provided in the regulations;
2. virtually inert asphalt, brick, concrete (including concrete with
pyrrhotite if the DEEP commissioner provides written
permission to use it), or ceramic materials that do not threaten
to pollute groundwater or surface water;
3. waste sand from metal casting that is not hazardous waste;
4. crushed recycled glass; and
5. street sweepings or catch basin clean-out materials;
These materials may not include those with asbestos;
polychlorinated biphenyls (PCBs); persistent bioaccumulative toxins,
which are long-lived toxic chemicals that accumulate in human tissue;
and hazardous waste.
Project Restrictions
The bill allows for up to four projects to use these materials but
provides several restrictions on projects that may use it. Among them,
an applicant must have the necessary municipal approvals for using
the materials before submitting its application to DEEP (see
“Municipal Approval,” below). 2021HB-06496-R000230-BA.DOCX
Researcher: KLM Page 3 3/31/21
Under the bill, DEEP may not authorize an activity for which it
already issued an individual or general permit. The authorization must
also be for (1) a single location and (2) use of at least 100,000 cubic
yards of the materials.
The bill requires that the DEEP commissioner find that the use of
the materials does not harm or threaten human health, safety, or the
environment. The use must also be consistent with federal law on
proper solid waste management.
The bill specifies that (1) someone operating under the pilot
program does not need to obtain a discharge permit, unless the federal
Clean Water Act requires it, and (2) the state remediation standards’
soil reuse provisions do not apply to pilot program projects.
DEEP Protective Guidelines
The bill allows the DEEP commissioner to establish authorization
guidelines (1) to protect public health, safety, and the environment and
(2) for a letter of credit (LOC).
Under the bill, the guidelines must at least prefer using
environmentally impaired or underused locations but they cannot be
in an aquifer protection area. The locations must be in areas where
groundwater quality is (1) suitable for specific industrial purposes, but
not human consumption (classified as GB) or subject to municipal and
industrial discharge and unsuitable for human consumption (GC) and
(2) served by a public drinking water supply. The locations must also
(1) operate in compliance with state water quality standards and (2)
not adversely affect sensitive receptors or resources such as water
supply wells, wetlands, floodplains, or threatened or endangered
species.
The bill requires the commissioner to provide public notice of the
guidelines, or revisions to them, on the department’s website. The
public must have an opportunity to submit written comments for at
least 30 days after DEEP publishes the notice. DEEP must then publish
any response it has to the comments on the website. 2021HB-06496-R000230-BA.DOCX
Researcher: KLM Page 4 3/31/21
Municipal Approval
Before applying to DEEP for authorization, a project applicant must
obtain local approvals from each municipality where the materials will
be used, including a (1) valid certificate of zoning approval, special
permit, special exception, variance, or other documentation and (2)
copy of wetlands, aquifer protection, coastal site plan, or other
required municipal approvals.
The bill also requires applicants to comply with the state
environmental justice law’s public participation and community
benefit agreement process, whether or not the location is in an
environmental justice community (i.e., a distressed municipality or a
census block group where at least 30% of the noninstitutionalized
population has an income below a certain threshold). The state’s
environmental justice law generally requires applicants for certain
projects in these areas to, before applying to DEEP for the project, (1)
obtain approval of and implement a meaningful participation plan
(e.g., provide certain notices and hold an informal public meeting) so
the public can learn about the proposed project and (2) discuss with
municipal officials the need for a community environmental benefit
agreement to mitigate the project’s impacts (CGS § 22a-20a, as
amended by PA 20-6).
Application Process
The bill requires an authorization application to be submitted on
DEEP commissioner-prescribed forms, include a non-refundable
$25,000 application fee, and provide the following information:
1. a plan to ensure that only materials meeting the bill’s definition
of “beneficially reclaimed materials” be used as fill, including a
description of acceptability criteria for materials proposed for
use at the location;
2. a plan describing the process for placing and recording the
materials’ placement;
3. a plan for monitoring water during the filling process and for at 2021HB-06496-R000230-BA.DOCX
Researcher: KLM Page 5 3/31/21
least 30 years afterward;
4. a proposed LOC conforming to the commissioner’s guidelines,
with the basis for the cost estimate used for it;
5. the qualifications of environmental professionals intended to
oversee the project;
6. a redevelopment plan for the location, including engineering
plans and drawings;
7. a list of municipal approvals required for the project, with a
written copy of each;
8. any additional information the commissioner requires.
DEEP Authorization Process
Under the bill, the process for obtaining an authorization, or a
modification to one, involves a public notice and comment period.
Notice. The bill requires the DEEP commissioner to publish a notice
of intent to issue an authorization on the department’s website. The
notice must include the following information:
1. applicant’s name and mailing address;
2. project location address;
3. application number and tentative decision on the application;
4. name, address, and telephone number of any applicant agent
that interested people may contact for copies of the application;
5. requested authorization type, with applicable statutory or
regulatory references;
6. descriptions of the project location and any affected natural
resources;
7. the available amount of time to submit written comments to the 2021HB-06496-R000230-BA.DOCX
Researcher: KLM Page 6 3/31/21
commissioner; and
8. any other information the commissioner deems necessary.
Comment Period and Review. The bill requires a 30-day comment
period from after the commissioner publishes the notice. The
commissioner must post a response to any comment she receives on
the website.
Final Decision. Under the bill, the commissioner may approve or
deny an authorization based on her review of the submitted
information. The bill requires the authorization to clearly define the
activity it covers. As the commissioner deems appropriate, the
authorization may include conditions or requirements that may
pertain to investigating or remediating a location before placing the
materials; operation and maintenance; best management practices;
requiring environmental professionals to oversee the projects,
including their qualifications; groundwater monitoring; fill
management; closure; redevelopment or other plans; reporting and
recordkeeping; independent auditing; and term specifications.
The commissioner must require posting a LOC to assure compliance
with the authorization, including implementing a closure plan and
performing maintenance and monitoring after closure. The bill allows
her to modify, suspend, or revoke an authorization, under the
procedures of the Uniform Administrative Procedure Act and
applicable DEEP rules of practice.
§§ 2-5 — SOIL HEALTH
Commissioner Duties (§§ 2 & 3)
The bill requires the DEEP commissioner, as part of her duty to
carry out the state’s environmental policies, to provide for minimum
statewide standards for soil health. The law already requires her to
provide the standards for mining, extraction, excavation, or removal of
earth materials.
As she may already do on soil and water erosion, the bill allows the
commissioner to (1) have surveys, investigations, and research 2021HB-06496-R000230-BA.DOCX
Researcher: KLM Page 7 3/31/21
conducted on soil health and (2) publish and disseminate related
information. The bill extends to the soil health activities the
commissioner’s existing authorizations for carrying out soil and water
erosion activity, such as entering into agreements with landowners,
acquiring property, or accepting monetary contributions.
Soil and Water Conservation District Boards and Council (§§ 4 &
5)
Existing law requires the commissioner to establish, by regulation,
soil and water conservation districts and boards to help identify and
fix soil and water erosion problems. The bill requires the boards to also
advise her on soil health matters and help implement related
programs.
The bill allows the commissioner to amend current district board
regulations to allow them to develop soil health programs, priorities,
and workplans, as they already may do for soil and water
conservation, erosion, and sedimentation control (Conn. Agencies.
Regs. § 22a-315-1 et seq.).
Under existing law, the commissioner established the Council on
Soil and Water Conservation to (1) coordinate the boards’ activities
with DEEP and other agencies; (2) propose regulations related to soil
and water erosion conservation; and (3) advise and help the
commissioner conserve and protect the state’s natural resources.
As it may already do for soil and water conservation activities, the
bill allows the council to seek funding and provide financial support to
district boards for soil health activities. Similarly, the bill requires the
council to develop guidelines for preserving soil health on land being
developed, which it must already do for soil erosion and sediment
control on this land.
COMMITTEE ACTION
Environment Committee
Joint Favorable Substitute
Yea 33 Nay 0 (03/12/2021) 2021HB-06496-R000230-BA.DOCX
Researcher: KLM Page 8 3/31/21