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General Assembly Substitute Bill No. 930
January Session, 2021
AN ACT CONCERNING FO OD WASTE DIVERSION A ND ANAEROBIC
DIGESTION FACILITIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-226e of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2021): 2
(a) (1) On and after January 1, 2014, each commercial food wholesaler 3
or distributor, industrial food manufacturer or processor, supermarket, 4
resort or conference center that is located not more than twenty miles 5
from an authorized source-separated organic material composting 6
facility and that generates an average projected volume of not less than 7
one hundred four tons per year of source-separated organic materials 8
shall: (A) Separate such source-separated organic materials from other 9
solid waste; and (B) ensure that such source-separated organic materials 10
are recycled at any authorized source-separated organic material 11
composting facility that has available capacity and that will accept such 12
source-separated organic material. 13
(2) On and after January 1, 2020, each commercial food wholesaler or 14
distributor, industrial food manufacturer or processor, supermarket, 15
resort or conference center that is located not more than twenty miles 16
from an authorized source-separated organic material composting 17
facility and that generates an average projected volume of not less than 18 Substitute Bill No. 930
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fifty-two tons per year of source-separated organic materials shall: (A) 19
Separate such source-separated organic materials from other solid 20
waste; and (B) ensure that such source-separated organic materials are 21
recycled at any authorized source-separated organic material 22
composting facility that has available capacity and that will accept such 23
source-separated organic material. 24
(3) On and after January 1, 2022, each commercial food wholesaler or 25
distributor, industrial food manufacturer or processor, supermarket, 26
resort or conference center that is located not more than twenty miles 27
from an authorized source-separated organic material composting 28
facility and that generates an average projected volume of not less than 29
twenty-six tons per year of source-separated organic materials shall: (A) 30
Separate such source-separated organic materials from other solid 31
waste; and (B) ensure that such source-separated organic materials are 32
recycled at any authorized source-separated organic material 33
composting facility that has available capacity and that will accept such 34
source-separated organic material. 35
(b) Any such wholesaler, distributor, manufacturer, processor, 36
supermarket, resort or conference center that performs composting of 37
source-separated organic materials on site or treats source-separated 38
organic materials via on-site organic treatment equipment permitted 39
pursuant to the general statutes or federal law shall be deemed in 40
compliance with the provisions of this section. 41
(c) Any permitted source-separated organic material composting 42
facility that receives such source-separated organic materials shall 43
report to the Commissioner of Energy and Environmental Protection, as 44
part of such facility's reporting obligations, a summary of fees charged 45
for receipt of such source-separated organic materials. 46
(d) Not later than January 1, 2022, the Commissioner of Energy and 47
Environmental Protection shall establish a voluntary pilot program for 48
any municipality that seeks to separate source-separated organic 49
materials and ensure that such source-separated organic materials are 50 Substitute Bill No. 930
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recycled at authorized source-separated organic material composting 51
facilities that have available capacity and that will accept such source-52
separated organic material. 53
Sec. 2. (NEW) (Effective from passage) The Commissioner of Energy 54
and Environmental Protection shall engage in a reach out and education 55
effort to: (1) Municipalities concerning the ability of each municipality 56
to establish an aerated static pile composting facility in such 57
municipality for the purpose of diverting food waste from such 58
municipality's solid waste stream, and (2) commercial entities and 59
school systems concerning the ability of such entities and systems to 60
divert source-separated organic materials to facilities, as provided for in 61
section 22a-226e of the general statutes, as amended by this act. Such 62
effort concerning municipalities shall explain the potential fiscal and 63
environmental benefits of such a facility for each municipality and the 64
requisite permit application and procedures. Not later than February 1, 65
2022, the commissioner, in accordance with section 11-4a of the general 66
statutes, shall submit a report to the joint standing committee of the 67
General Assembly having cognizance of matters relating to the 68
environment detailing such efforts to date, including, but not limited to, 69
responses from such municipalities, entities and school systems and any 70
efforts by such municipalities to establish such composting facilities as 71
a result of such reach out efforts. 72
Sec. 3. (NEW) (Effective from passage) The Commissioner of Energy 73
and Environmental Protection, in consultation with the Commissioner 74
of Agriculture, the Connecticut Agricultural Experiment Station, The 75
University of Connecticut Extension Service and the Department of 76
Public Health, may adopt regulations, in accordance with the provisions 77
of chapter 54 of the general statutes, to provide specifications for the 78
production, quality and use of compost made from source-separated 79
organic materials and mixed municipal solid waste. Such regulations 80
shall contain provisions that: (1) Promote composting processes, (2) 81
provide a clean, high-quality, nontoxic and marketable end product, (3) 82
provide for the protection of land and water resources from 83 Substitute Bill No. 930
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contaminants and the prevention of adverse environmental and public 84
health effects resulting from the composting operations or such product 85
application, (4) provide for maximum allowable levels of toxic 86
contaminants and other contaminants in the composting product, (5) 87
include testing criteria for such contaminants, (6) establish not less than 88
two classes of compost made from source separated organic materials 89
and mixed municipal solid waste, as follows: (A) Class I compost made 90
only from compostable source separated organic materials, such as food 91
waste, grass clippings and yard waste, that were separated from 92
municipal solid waste at the source of generation, and (B) Class II 93
compost made from mixed municipal solid waste that cont ains 94
compostable organic materials that were not separated at the source of 95
generation, (7) establish the maximum allowable contaminant levels for 96
Class I compost at a level that will allow unrestricted use of such 97
compost, and (8) prohibit the use of Class II compost for agricultural or 98
horticultural purposes unless such Class II compost meets the 99
maximum allowable contaminant levels established for Class I compost, 100
as determined by the testing criteria established pursuant to subdivision 101
(5) of this section. 102
Sec. 4. Subsection (d) of section 22a-208a of the general statutes is 103
repealed and the following is substituted in lieu thereof (Effective October 104
1, 2021): 105
(d) (1) No person or municipality that holds a permit issued under 106
this section shall alter the design or method of operation of the 107
permitted facility without first obtaining a modified permit. For the 108
purposes of this section and sections 22a-208, 22a-208b, 22a-220a, 22a-109
225 and 22a-226, "alter" means to change to any substantive degree the 110
design, capacity, volume process or operation of a solid waste facility 111
and includes, but is not limited to, changes in the approved capacity or 112
composition of solid waste disposed of, processed, reduced, stored or 113
recycled at the facility. For purposes of this section, "alter" does not 114
include the addition of not more than seventy-five tons per day of 115
mattresses and items designated by the commissioner for recycling 116 Substitute Bill No. 930
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pursuant to section 22a-241b and any regulation adopted pursuant to 117
said section, except storage batteries and waste oil, provided the 118
permitted storage capacity of such solid waste facility is not exceeded. 119
The owner or operator of any such facility shall, not later than thirty 120
days after adding such recyclable items, submit a written notification to 121
the commissioner describing such addition. The commissioner may 122
approve, in writing, a modification of a closure plan for a closed 123
permitted solid waste disposal area without modifying the permit for 124
such area. The commissioner may require a person who, o r a 125
municipality that, requests such modification to provide public notice 126
of a proposed modification of a closure plan if the modification involves 127
any activity that would disrupt the solid waste or change the use of the 128
solid waste disposal area. A fee of five hundred dollars shall accompany 129
any request for such modification of a closure plan. The commissioner 130
may reduce or waive such fee in cases of financial hardship and may 131
modify such fee in accordance with regulations adopted in accordance 132
with chapter 54. 133
(2) Changes in design, processes or operations, including the addition 134
of thermal oxidizers or other air pollution control equipment, made to 135
mitigate, correct or abate odors from a solid waste facility that is owned 136
or operated by the Materials Innovation and Recycling Authority and 137
that contracts with more than fifty municipalities, shall not be 138
considered an alteration requiring a modified permit or minor permit 139
amendment under this chapter. In addition, notwithstanding any 140
provision of the general statutes or regulation adopted pursuant to said 141
statutes, any such change shall not be considered a modification or new 142
stationary source requiring a permit to construct or operate under 143
chapter 446c or under any regulation adopted pursuant to chapter 446c, 144
unless such change is a major modification or a major stationary source 145
requiring a permit under the federal Clean Air Act Amendments of 146
1990. Any person making any such change to an odor control system at 147
such a facility shall, not more than thirty days after making such change, 148
submit a written report to the commissioner fully describing the 149
changes made and the reason for such changes for the commissioner's 150 Substitute Bill No. 930
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review and comment. Nothing in this subdivision shall affect the 151
commissioner's authority to take any other action to enforce the 152
requirements of this title. 153
(3) Notwithstanding any provision of this section, the receipt of not 154
more than seventy-five tons per day of containerized food scrap, food 155
processing residuals and soiled or unrecyclable paper and the storage 156
of not more than one hundred fifty cubic yards of containerized food 157
scrap, food processing residuals and soiled or unrecyclable paper at a 158
facility permitted under this subsection shall not require a modification 159
to any permit issued pursuant to this section. The receipt of such food 160
scraps, food processing residuals and soiled or unrecyclable paper shall 161
occur within a fully enclosed building, and such scraps, materials and 162
paper shall remain containerized, except while being transferred, and 163
shall be managed to control odor, leachate and attraction of vectors. The 164
owner or operator of any such facility shall, not later than thirty days 165
after adding such items for receipt by such facility, submit a written 166
notification to the Commissioner of Energy and Environmental 167
Protection describing such addition.168
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 22a-226e
Sec. 2 from passage New section
Sec. 3 from passage New section
Sec. 4 October 1, 2021 22a-208a(d)
ENV Joint Favorable Subst.