Substitute House Bill No. 6496
Public Act No. 21-88
AN ACT CONCERNING CERTAIN 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
adding subsection (c) as follows (Effective October 1, 2021):
(NEW) (c) (1) For purposes of this subsection: (A) "Beneficially
reclaimed materials" means any of the following materials that may
contain de minimis amounts of solid waste that is present incidentally
in such materials, including any mixture of the following materials:
(i) Soil or dewatered sediment that does not exceed the criteria
established by regulations adopted pursuant to section 22a-133k,
including, but not limited to, criteria for any additional polluting
substances for which criteria are not specified in such regulations;
(ii) Asphalt, brick, concrete or ceramic material, provided such
material is virtually inert and poses no threat to pollute any
groundwater or surface waters;
(iii) Casting sand;
(iv) Crushed recycled glass; or Substitute House Bill No. 6496
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(v) Street sweepings or catch basin clean-out materials.
"Beneficially reclaimed materials" does not include materials that
contain any asbestos, polychlorinated biphenyls, persistent
bioaccumulative toxins, hazardous waste or, unless approved by the
commissioner in writing, pyrrhotite-containing concrete;
(B) "Soil" means unconsolidated geologic material overlying bedrock;
(C) "Dewatered sediment" means unconsolidated material occurring
in a surface water body, with water removed;
(D) "Casting sand" means waste sand from the casting of metals,
provided such sand is not hazardous waste;
(E) "Crushed recycled glass" has the same meaning as provided in
section 22a-208z;
(F) "Hazardous waste" has the same meaning as provided in section
22a-448;
(G) "Persistent bioaccumulative toxins" means long-lived chemicals
that accumulate in the tissues of humans and that are toxic; and
(H) "Aquifer protection area" has the same meaning as provided in
section 22a-354h.
(2) (A) The Commissioner of Energy and Environmental Protection
may establish a pilot program for the beneficial use of beneficially
reclaimed materials. The primary purpose of such program shall be to
allow beneficially reclaimed materials to be used as fill when there is an
engineering need for fill materials and to facilitate the reclamation or
redevelopment of environmentally impaired or underutilized land.
(B) To implement the pilot program established pursuant to this
subsection, the commissioner may issue no more than four Substitute House Bill No. 6496
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authorizations, provided: (i) Such authorization does not allow an
activity for which an individual or general permit has been issued; (ii)
such authorization is not inconsistent with the requirements of the
federal Resource Conservation and Recovery Act, 42 USC 6901 et seq.;
(iii) such authorization is for single locations only and provides for not
less than one hundred thousand cubic yards of beneficially reclaimed
materials to be used as fill at such location; (iv) that prior to the
submission of an application for authorization in accordance with this
subsection, each municipality in which beneficially reclaimed materials
will be used as fill has issued all the necessary approvals specified in
subdivision (4) of this subsection; and (v) the commissioner finds that
the beneficial use of beneficially reclaimed materials does not harm or
present a threat to human health, safety or the environment.
(3) The commissioner may establish guidelines protective of public
health, safety and the environment for such authorizations and for a
letter of credit provided in accordance with this subsection and shall
give public notice on the Department of Energy and Environmental
Protection's Internet web site of such guidelines, or any subsequent
revision of such guidelines, with an opportunity for submission of
written comments by interested persons for a period of thirty days
following the publication of such notice. The commissioner shall post a
response to any comments received on the Department of Energy and
Environmental Protection's Internet web site. At a minimum, any such
guidelines shall contain a preference for use of environmentally
impaired or underutilized locations, provided that any location for
which an authorization is issued under this subsection shall:
(A) Be in an area (i) where the quality of the groundwaters of the
state, as classified in regulations adopted pursuant to section 22a-426,
and the classification maps adopted pursuant to said section, is either
"GB" or "GC", and (ii) that is served by a public drinking water supply;
(B) Not be in an aquifer protection area; and Substitute House Bill No. 6496
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(C) Be operated in compliance with sections 22a-426-1 to 22a-426-9,
inclusive, of the regulations of Connecticut state agencies and not
adversely affect sensitive receptors or resources, including, but not
limited to, public or private water supply wells, wetlands, floodplains,
or threatened or endangered species.
(4) Prior to the submission of an application for authorization in
accordance with this subsection, an applicant shall: (A) Obtain a valid
certificate of zoning approval, special permit, special exception or
variance, or other documentation, from each municipality in which
beneficially reclaimed materials will be used as fill; (B) obtain a copy of
wetlands, aquifer protection, coastal site plan and any other required
approval from each municipality; and (C) comply with the process
specified in subsection (b) of section 22a-20a, regardless of whether the
location where beneficially reclaimed materials will be used as fill is
located in an environmental justice community;
(5) An application for authorization pursuant to this subsection shall
be submitted on forms prescribed by the commissioner and shall
include, at a minimum, the following information: (A) A plan for
ensuring that only beneficially reclaimed materials that satisfy the
requirements of this subsection are used as fill and a description of
acceptability criteria for the beneficially reclaimed materials proposed
for beneficial use at the subject location; (B) a plan describing the process
for placing and recording the placement of beneficially reclaimed
materials; (C) a plan for monitoring the waters of the state during the
filling process and for a period of not less than thirty years after filling
is complete; (D) a proposed letter of credit that conforms to the
guidelines established by the commissioner pursuant to subdivision (3)
of this subsection and the basis for the cost estimate used in such
proposed letter of credit; (E) the qualifications of the environmental
professionals intended to exercise oversight of all aspects of the
proposed activities; (F) a redevelopment plan for the location where Substitute House Bill No. 6496
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beneficially reclaimed materials will be placed, including engineering
plans and drawings in support of such redevelopment; (G) a list of each
municipal approval required for the proposed placement of beneficially
reclaimed materials and a written copy of each such approval; and (H)
any additional information required by the commissioner. Any such
application shall be accompanied by a nonrefundable application fee of
twenty-five thousand dollars.
(6) Notwithstanding section 22a-208a or any regulations adopted
pursuant to section 22a-209, the issuance of an authorization under this
subsection, or a modification of an authorization under this subsection
when such modification is sought by the holder of an authorization,
shall conform to the following procedures: (A) The Commissioner of
Energy and Environmental Protection shall publish a notice of intent to
issue an authorization on the Department of Energy and Environmental
Protection's Internet web site. Such notice shall, at a minimum, include:
(i) The name and mailing address of the applicant and the address of the
location of the proposed activity; (ii) the application number; (iii) the
tentative decision regarding the application; (iv) the type of
authorization sought, including a reference to the applicable provision
of the general statutes or regulations of Connecticut state agencies; (v) a
description of the location of the proposed activity and any natural
resources that will be affected by such activity; (vi) the name, address
and telephone number of any agent of the applicant from whom
interested persons may obtain copies of the application; (vii) the length
of time available for submission of public comments to the
commissioner; and (viii) any other additional information the
commissioner deems necessary. There shall be a comment period of
thirty days following the publication of such notice by the commissioner
during which interested persons may submit written comments to the
commissioner; (B) the commissioner shall post a response to any
comments received on the Department of Energy and Environmental
Protection's Internet web site; and (C) the commissioner may approve Substitute House Bill No. 6496
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or deny such authorization based upon a review of the submitted
information. Any authorization issued pursuant to this subsection shall
define clearly the activity covered by such authorization and may
include such conditions or requirements as the commissioner deems
appropriate, including, but not limited to, investigation or remediation
of a location prior to placement of beneficially reclaimed materials,
operation and maintenance requirements, best management practices,
qualifications and requirements for environmental professional
exercising oversight, groundwater monitoring, compliance with fill
management, closure, redevelopment or other plans, reporting and
recordkeeping requirements, auditing by an independent party and a
specified term. The commissioner shall require the posting of a letter of
credit to assure compliance with any authorization issued under this
subsection, including, but not limited to, implementation of a closure
plan and post-closure maintenance and monitoring.
(7) The commissioner may suspend or revoke any such authorization
and may modify an authorization if such modification is not sought by
the holder of an authorization, in accordance with the provisions of
section 4-182 and the applicable rules of practice adopted by the
department.
(8) Unless required by the federal Clean Water Act, a discharge
permit under section 22a-430 shall not be required for a discharge
authorized under this subsection. In addition, the soil reuse provisions
of the state remediation standards, adopted pursuant to section 22a-
133k, shall not apply to an activity authorized under this subsection.
Sec. 2. Section 22a-314 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
The Commissioner of Energy and Environmental Protection may (a)
make or cause to be made surveys, investigations and research
concerning the problems of soil and water erosion and its control and Substitute House Bill No. 6496
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soil health and publish his findings and disseminate information
concerning the subject; (b) cooperate with or enter into agreements with
any state agency or any owner or occupant of land in this state to carry
out the provisions of this section; (c) obtain options upon or acquire, by
purchase, exchange, lease, gift, grant, bequest or devise, any property,
real or personal, or rights or interests therein, maintain, administer and
improve any property so acquired, and receive income from such
property and expend such income in carrying out the purposes of this
section; and may sell, lease or otherwise dispose of any such property
or interest therein for such purposes; (d) accept contributions in money,
services, materials or otherwise from the United States or from this state
or from any person, firm or corporation for such purposes; (e) cooperate
with and enter into agreements with soil and water conservation
districts and boards to provide available federal resources to study and
improve soil health; and [(e)] (f) as a condition to extending of any
material benefits to landowners, under this section, require
contributions to any operations upon such land and require landowners
who have consented to such work being done on their land to enter into
and perform such agreements as to long-term use of such lands as will
tend to prevent erosion thereon. Said commissioner, or any assistant or
employee of the Department of Energy and Environmental Protection,
may, at any reasonable time and upon notice by registered mail sent to
the last-known address of the owner of such premises or with the oral
permission of such owner or his agent, enter any premises while
engaged in the performance of duty under the provisions of this title.
Said commissioner shall have power to make necessary regulations to
carry out the provisions of this section.
Sec. 3. Section 22a-315 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
(a) In order to assist the Commissioner of Energy and Environmental
Protection in identifying and remedying the problems of soil and water Substitute House Bill No. 6496
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erosion, the commissioner shall, by regulation, establish soil and water
conservation districts and boards. Such boards shall advise [him] the
commissioner on matters of soil and water conservation, soil health,
erosion and sedimentation control and shall assist [him] the
commissioner in implementing programs concerning such matters.
Such regulations shall (1) establish geographic boundaries for each
district, (2) establish procedures for the selection, by the residents in
each district, of a board of supervisors for each district, and (3) provide
operating procedures for such boards of such districts. Such regulations
shall be adopted pursuant to chapter 54.
(b) The commissioner by regulation pursuant to chapter 54, may
authorize such boards to (1) develop soil and water conservation, soil
health, erosion and sedimentation control programs, priorities and
workplans; (2) provide, by agreement, for technical assistance from
cooperating state and federal agencies to municipal and regional
agencies and to landowners; (3) receive funds, by transfer, grant or
otherwise from the commissioner, including grants pursuant to section
22a-317, or by donation or subscription from private sources, and
expend such funds without regard to the provisions of chapter 50; (4)
use or provide for the use of state equipment made available pursuant
to section 22a-316; (5) enter into contracts and employ consultants and
other assistants on a contract basis or other basis for rendering legal,
financial, technical or other assistance and duties to carry out the
purposes of this chapter; and (6) acquire property by purchase, lease,
gift or otherwise and to hold such property in the name of the district.
(c) The commissioner may, by regulation, adopted pursuant to
chapter 54, establish a council to coordinate the activities of such boards
of such districts with the activities of the Department of Energy and
Environmental Protection and other state, regional and local agencies
and propose regulations to said department in matters of soil and water
erosion conservation and to advise and assist the commissioner in Substitute House Bill No. 6496
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conserving and protecting the land, water and other natural resources
of the state. The council shall be within the Department of Energy and
Environmental Protection for administrative purposes only. Such
council shall consist of nine members, five representing the soil and
water conservation districts to be selected by each of the five districts'
boards, the Commissioner of Energy and Environmental Protection or a
designee, the Commissioner of Agriculture, or a designee, a
representative of a nongovernmental organization appointed by the
Governor and a representative of The University of Connecticut's
cooperative extension system. In addition, the council shall include, but
not be limited to, the following at-large nonvoting members: The State
Conservationist or designee of the Natural Resource Conservation
Service, the director of the Connecticut Agricultural Experiment Station
or a designee, the director of the Storrs Agricultural Experiment Station
or a designee, municipal staff representatives responsible for erosion
and sedimentation control, the State Committee Chairman of the Farm
Services Agency and a council member of a resource conservation and
development area. The commissioner shall have the authority to receive
funds from any source on behalf of the council and shall expend such
funds with the advice and consent of the council for equipment,
supplies, and such full-time and part-time staff and consultants as may
be necessary to carry out the council's duties and any other at-large,
nonvoting members who have expertise to support the duties of the
council.
(d) The council may receive funds from any source and expend such
funds for equipment, supplies, staff and consultants as may be
necessary to carry out its duties. The council shall distribute funds for
program activities after a vote in which the members representing the
boards of the soil and water conservation districts shall collectively have
one vote. The council may employ an executive director who shall not
be subject to the provisions of chapter 67. The council may seek funding
and provide financial support to boards of soil and water conservation Substitute House Bill No. 6496
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districts and other organizations for activities contributing to soil and
water conservation and soil health. The council may adopt and amend
by a majority vote such bylaws as it deems necessary to conduct its
business.
(e) Prior to the promulgation of any regulations by the commissioner
pursuant to subsections (a) and (b) of this section, such proposed
regulations shall first be approved by a majority of said council.
(f) For the purposes of this section, soil and water conservation
districts or boards shall not be considered state agencies or political or
administrative subdivisions of the state.
Sec. 4. Section 22a-328 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2021):
The council shall develop guidelines for soil erosion and sediment
control on land being developed and improving and preserving soil
health. The guidelines shall outline methods and techniques for
minimizing erosion and sedimentation based on the best currently
available technology. Such guidelines shall include, but not be limited
to, model regulations that may be used by municipalities to comply with
the provisions of sections 22a-325 to 22a-329, inclusive. The
Commissioner of Energy and Environmental Protection and the soil and
water conservation districts shall make the guidelines available to the
public.
Sec. 5. (Effective from passage) Not later than November 1, 2021, the
Commissioner of Energy and Environmental Protection shall submit to
the joint standing committee of the General Assembly having
cognizance of matters relating to the environment, in accordance with
section 11-4a of the general statutes, a report on the approval process for
maintenance marine dredging projects for the previous four year
period. Such report shall include, but not be limited to, a description of Substitute House Bill No. 6496
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each such application during such four year period, an analysis of the
timeframe for action on such application by the Department of Energy
and Environmental Protection and whether such application was
approved or denied by the department.