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OLR Bill Analysis
sHB 6496 (as amended by House "A")*
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 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 bill expands the Council on Soil and Water Conservation’s
charge to include advising the DEEP commissioner on soil health
matters and implementing related programs. The bill (1) allows the
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. Under the bill, she may take
certain actions to provide the districts and boards with federal
resources to study and improve soil health (§§ 2-4).
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 whether DEEP approved or denied the
application (§ 5).
*House Amendment “A” (1) removes the requirements that (a) the
reclaimed materials used under the pilot program be generated in
Connecticut and (b) the commissioner provide minimum statewide
soil health standards; (2) allows the commissioner to work and have 2021HB-06496-R01-BA.DOCX
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agreements with soil and water conservation districts and boards to
provide federal resources for soil health; and (3) requires the soil
health guidelines to be for improvement and preservation generally,
rather than only preservation on land being developed.
EFFECTIVE DATE: October 1, 2021, except the DEEP reporting
requirement for marine dredging projects is effective upon passage.
§ 1 — BENEFICIAL USE PILOT PROGRAM
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; 2021HB-06496-R01-BA.DOCX
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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).
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 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 2021HB-06496-R01-BA.DOCX
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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.
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 with at least 30% of the noninstitutionalized
population having 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: 2021HB-06496-R01-BA.DOCX
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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
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 the environmental professional 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; and
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 2021HB-06496-R01-BA.DOCX
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that interested people may contact for copies of the application;
5. requested authorization type, with applicable statutory or
regulatory references;
6. description of (a) the project location and (2) any affected
natural resources;
7. the available amount of time to submit written comments to the
commissioner; and
8. any other information the commissioner deems necessary.
Comment Period and Review. The bill requires a 30-day comment
period beginning 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 and may include conditions or requirements as the
commissioner deems appropriate. These conditions or requirements
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.
§§ 2-4 — SOIL HEALTH 2021HB-06496-R01-BA.DOCX
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Commissioner Duties (§ 2)
As she may already do for problems related to soil and water
erosion, the bill allows the DEEP commissioner to (1) have surveys,
investigations, and research 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.
It also allows her to cooperate with and enter into agreements with soil
and water conservation districts to provide federal resources to study
and improve soil health (see below).
Soil and Water Conservation District Boards and Council (§§ 3 &
4)
Existing law requires the commissioner to establish, by regulation,
soil and water conservation districts and boards whose purpose is to
help identify and fix soil and water erosion problems. The bill requires
the district 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 those of 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.
The bill requires the council to develop guidelines for improving
and preserving soil health and make them publicly available. The
council must already do this for soil erosion and sediment control on
land being developed. As it may already do for soil and water
conservation activities, the bill allows the council to seek funding and 2021HB-06496-R01-BA.DOCX
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provide financial support to district boards for soil health activities.
COMMITTEE ACTION
Environment Committee
Joint Favorable Substitute
Yea 33 Nay 0 (03/12/2021)
Appropriations Committee
Joint Favorable
Yea 49 Nay 0 (05/10/2021)