Connecticut 2021 Regular Session

Connecticut Senate Bill SB00930 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 930
	4	+	LCO No. 3293 1 of 4
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	6	+	General Assembly Raised Bill No. 930
8	7		January Session, 2021
	8	+	LCO No. 3293
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	11	+	Referred to Committee on ENVIRONMENT
	12	+
	13	+
	14	+	Introduced by:
	15	+	(ENV)
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14	20		AN ACT CONCERNING FO OD WASTE DIVERSION A ND ANAEROBIC
15	21		DIGESTION FACILITIES.
16	22		Be it enacted by the Senate and House of Representatives in General
17	23		Assembly convened:
18	24
19	25		Section 1. Section 22a-226e of the general statutes is repealed and the 1
20	26		following is substituted in lieu thereof (Effective October 1, 2021): 2
21	27		(a) (1) On and after January 1, 2014, each commercial food wholesaler 3
22	28		or distributor, industrial food manufacturer or processor, supermarket, 4
23	29		resort or conference center that is located not more than twenty miles 5
24	30		from an authorized source-separated organic material composting 6
25	31		facility and that generates an average projected volume of not less than 7
26	32		one hundred four tons per year of source-separated organic materials 8
27	33		shall: (A) Separate such source-separated organic materials from other 9
28	34		solid waste; and (B) ensure that such source-separated organic materials 10
29	35		are recycled at any authorized source-separated organic material 11
30	36		composting facility that has available capacity and that will accept such 12
31	37		source-separated organic material. 13
32	38		(2) On and after January 1, 2020, each commercial food wholesaler or 14
33		-	distributor, industrial food manufacturer or processor, supermarket, 15
	39	+	distributor, industrial food manufacturer or processor, supermarket, 15 Raised Bill No. 930
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	43	+	LCO No. 3293 2 of 4
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34	45		resort or conference center that is located not more than twenty miles 16
35	46		from an authorized source-separated organic material composting 17
36		-	facility and that generates an average projected volume of not less than 18 Substitute Bill No. 930
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	47	+	facility and that generates an average projected volume of not less than 18
43	48		fifty-two tons per year of source-separated organic materials shall: (A) 19
44	49		Separate such source-separated organic materials from other solid 20
45	50		waste; and (B) ensure that such source-separated organic materials are 21
46	51		recycled at any authorized source-separated organic material 22
47	52		composting facility that has available capacity and that will accept such 23
48	53		source-separated organic material. 24
49	54		(3) On and after January 1, 2022, each commercial food wholesaler or 25
50	55		distributor, industrial food manufacturer or processor, supermarket, 26
51		-	resort or conference center that is located not more than ~~twenty~~ miles 27
52		-	~~from~~ an authorized source-separated organic material composting 28
53		-	~~facility~~ and that generates an average projected volume of not less than 29
54		-	~~twenty-six~~ tons per year of source-separated organic materials shall: (A) 30
	56	+	resort or conference center that is located not more than forty miles from 27
	57	+	an authorized source-separated organic material composting facility 28
	58	+	and that generates an average projected volume of not less than fifty-29
	59	+	two tons per year of source-separated organic materials shall: (A) 30
55	60		Separate such source-separated organic materials from other solid 31
56	61		waste; and (B) ensure that such source-separated organic materials are 32
57	62		recycled at any authorized source-separated organic material 33
58	63		composting facility that has available capacity and that will accept such 34
59	64		source-separated organic material. 35
60	65		(b) Any such wholesaler, distributor, manufacturer, processor, 36
61	66		supermarket, resort or conference center that performs composting of 37
62	67		source-separated organic materials on site or treats source-separated 38
63	68		organic materials via on-site organic treatment equipment permitted 39
64	69		pursuant to the general statutes or federal law shall be deemed in 40
65	70		compliance with the provisions of this section. 41
66	71		(c) Any permitted source-separated organic material composting 42
67	72		facility that receives such source-separated organic materials shall 43
68	73		report to the Commissioner of Energy and Environmental Protection, as 44
69	74		part of such facility's reporting obligations, a summary of fees charged 45
70	75		for receipt of such source-separated organic materials. 46
71		-	(d) Not later than January 1, 2022, the Commissioner of Energy and 47
	76	+	(d) Not later than January 1, 2022, the Commissioner of Energy and 47 Raised Bill No. 930
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72	82		Environmental Protection shall establish a voluntary pilot program for 48
73	83		any municipality that seeks to separate source-separated organic 49
74		-	materials and ensure that such source-separated organic materials are 50 Substitute Bill No. 930
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	84	+	materials and ensure that such source-separated organic materials are 50
81	85		recycled at authorized source-separated organic material composting 51
82	86		facilities that have available capacity and that will accept such source-52
83	87		separated organic material. 53
84	88		Sec. 2. (NEW) (Effective from passage) The Commissioner of Energy 54
85	89		and Environmental Protection shall engage in a reach out and education 55
86		-	effort to: (1) Municipalities concerning the ability of each municipality 56
87		-	to establish an aerated static pile composting facility in such 57
88		-	municipality for the purpose of diverting food waste from such 58
89		-	municipality's solid waste stream, and (2) commercial entities and 59
90		-	school systems concerning the ability of such entities and systems to 60
91		-	divert source-separated organic materials to facilities, as provided for in 61
92		-	section 22a-226e of the general statutes, as amended by this act. Such 62
93		-	effort concerning municipalities shall explain the potential fiscal and 63
94		-	environmental benefits of such a facility for each municipality and the 64
95		-	requisite permit application and procedures. Not later than February 1, 65
96		-	2022, the commissioner, in accordance with section 11-4a of the general 66
97		-	statutes, shall submit a report to the joint standing committee of the 67
98		-	General Assembly having cognizance of matters relating to the 68
99		-	environment detailing such efforts to date, including, but not limited to, 69
100		-	responses from such municipalities, entities and school systems and any 70
101		-	efforts by such municipalities to establish such composting facilities as 71
102		-	a result of such reach out efforts. 72
103		-	Sec. 3. (NEW) (Effective from passage) The Commissioner of Energy 73
104		-	and Environmental Protection, in consultation with the Commissioner 74
105		-	of Agriculture, the Connecticut Agricultural Experiment Station, The 75
106		-	University of Connecticut Extension Service and the Department of 76
107		-	Public Health, may adopt regulations, in accordance with the provisions 77
108		-	of chapter 54 of the general statutes, to provide specifications for the 78
109		-	production, quality and use of compost made from source-separated 79
110		-	organic materials and mixed municipal solid waste. Such regulations 80
111		-	shall contain provisions that: (1) Promote composting processes, (2) 81
112		-	provide a clean, high-quality, nontoxic and marketable end product, (3) 82
113		-	provide for the protection of land and water resources from 83 Substitute Bill No. 930
	90	+	effort to municipalities concerning the ability of each municipality to 56
	91	+	establish an aerated static pile composting facility in such municipality 57
	92	+	for the purpose of diverting food waste from such municipality's solid 58
	93	+	waste stream. Such effort shall explain the potential fiscal and 59
	94	+	environmental benefits of such a facility for each municipality and the 60
	95	+	requisite permit application and procedures. Not later than February 1, 61
	96	+	2022, the commissioner, in accordance with section 11-4a of the general 62
	97	+	statutes, shall submit a report to the joint standing committee of the 63
	98	+	General Assembly having cognizance of matters relating to the 64
	99	+	environment detailing such efforts to date, including, but not limited to, 65
	100	+	responses from such municipalities and any efforts by such 66
	101	+	municipalities to establish such facilities as a result of such reach out 67
	102	+	efforts. 68
	103	+	Sec. 3. (NEW) (Effective from passage) The Commissioner of Energy 69
	104	+	and Environmental Protection, in consultation with the Commissioner 70
	105	+	of Agriculture, the Connecticut Agricultural Experiment Station, The 71
	106	+	University of Connecticut Extension Service and the Department of 72
	107	+	Public Health, may adopt regulations, in accordance with the provisions 73
	108	+	of chapter 54 of the general statutes, to provide specifications for the 74
	109	+	production, quality and use of compost made from source-separated 75
	110	+	organic materials and mixed municipal solid waste. Such regulations 76
	111	+	shall contain provisions that: (1) Promote composting processes, (2) 77
	112	+	provide a clean, high-quality, nontoxic and marketable end product, (3) 78
	113	+	provide for the protection of land and water resources from 79
	114	+	contaminants and the prevention of adverse environmental and public 80
	115	+	health effects resulting from the composting operations or such product 81 Raised Bill No. 930
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120		-	contaminants and the prevention of adverse environmental and public 84
121		-	health effects resulting from the composting operations or such product 85
122		-	application, (4) provide for maximum allowable levels of toxic 86
123		-	contaminants and other contaminants in the composting product, (5) 87
124		-	include testing criteria for such contaminants, (6) establish not less than 88
125		-	two classes of compost made from source separated organic materials 89
126		-	and mixed municipal solid waste, as follows: (A) Class I compost made 90
127		-	only from compostable source separated organic materials, such as food 91
128		-	waste, grass clippings and yard waste, that were separated from 92
129		-	municipal solid waste at the source of generation, and (B) Class II 93
130		-	compost made from mixed municipal solid waste that cont ains 94
131		-	compostable organic materials that were not separated at the source of 95
132		-	generation, (7) establish the maximum allowable contaminant levels for 96
133		-	Class I compost at a level that will allow unrestricted use of such 97
134		-	compost, and (8) prohibit the use of Class II compost for agricultural or 98
135		-	horticultural purposes unless such Class II compost meets the 99
136		-	maximum allowable contaminant levels established for Class I compost, 100
137		-	as determined by the testing criteria established pursuant to subdivision 101
138		-	(5) of this section. 102
139		-	Sec. 4. Subsection (d) of section 22a-208a of the general statutes is 103
140		-	repealed and the following is substituted in lieu thereof (Effective October 104
141		-	1, 2021): 105
142		-	(d) (1) No person or municipality that holds a permit issued under 106
143		-	this section shall alter the design or method of operation of the 107
144		-	permitted facility without first obtaining a modified permit. For the 108
145		-	purposes of this section and sections 22a-208, 22a-208b, 22a-220a, 22a-109
146		-	225 and 22a-226, "alter" means to change to any substantive degree the 110
147		-	design, capacity, volume process or operation of a solid waste facility 111
148		-	and includes, but is not limited to, changes in the approved capacity or 112
149		-	composition of solid waste disposed of, processed, reduced, stored or 113
150		-	recycled at the facility. For purposes of this section, "alter" does not 114
151		-	include the addition of not more than seventy-five tons per day of 115
152		-	mattresses and items designated by the commissioner for recycling 116 Substitute Bill No. 930
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159		-	pursuant to section 22a-241b and any regulation adopted pursuant to 117
160		-	said section, except storage batteries and waste oil, provided the 118
161		-	permitted storage capacity of such solid waste facility is not exceeded. 119
162		-	The owner or operator of any such facility shall, not later than thirty 120
163		-	days after adding such recyclable items, submit a written notification to 121
164		-	the commissioner describing such addition. The commissioner may 122
165		-	approve, in writing, a modification of a closure plan for a closed 123
166		-	permitted solid waste disposal area without modifying the permit for 124
167		-	such area. The commissioner may require a person who, o r a 125
168		-	municipality that, requests such modification to provide public notice 126
169		-	of a proposed modification of a closure plan if the modification involves 127
170		-	any activity that would disrupt the solid waste or change the use of the 128
171		-	solid waste disposal area. A fee of five hundred dollars shall accompany 129
172		-	any request for such modification of a closure plan. The commissioner 130
173		-	may reduce or waive such fee in cases of financial hardship and may 131
174		-	modify such fee in accordance with regulations adopted in accordance 132
175		-	with chapter 54. 133
176		-	(2) Changes in design, processes or operations, including the addition 134
177		-	of thermal oxidizers or other air pollution control equipment, made to 135
178		-	mitigate, correct or abate odors from a solid waste facility that is owned 136
179		-	or operated by the Materials Innovation and Recycling Authority and 137
180		-	that contracts with more than fifty municipalities, shall not be 138
181		-	considered an alteration requiring a modified permit or minor permit 139
182		-	amendment under this chapter. In addition, notwithstanding any 140
183		-	provision of the general statutes or regulation adopted pursuant to said 141
184		-	statutes, any such change shall not be considered a modification or new 142
185		-	stationary source requiring a permit to construct or operate under 143
186		-	chapter 446c or under any regulation adopted pursuant to chapter 446c, 144
187		-	unless such change is a major modification or a major stationary source 145
188		-	requiring a permit under the federal Clean Air Act Amendments of 146
189		-	1990. Any person making any such change to an odor control system at 147
190		-	such a facility shall, not more than thirty days after making such change, 148
191		-	submit a written report to the commissioner fully describing the 149
192		-	changes made and the reason for such changes for the commissioner's 150 Substitute Bill No. 930
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199		-	review and comment. Nothing in this subdivision shall affect the 151
200		-	commissioner's authority to take any other action to enforce the 152
201		-	requirements of this title. 153
202		-	(3) Notwithstanding any provision of this section, the receipt of not 154
203		-	more than seventy-five tons per day of containerized food scrap, food 155
204		-	processing residuals and soiled or unrecyclable paper and the storage 156
205		-	of not more than one hundred fifty cubic yards of containerized food 157
206		-	scrap, food processing residuals and soiled or unrecyclable paper at a 158
207		-	facility permitted under this subsection shall not require a modification 159
208		-	to any permit issued pursuant to this section. The receipt of such food 160
209		-	scraps, food processing residuals and soiled or unrecyclable paper shall 161
210		-	occur within a fully enclosed building, and such scraps, materials and 162
211		-	paper shall remain containerized, except while being transferred, and 163
212		-	shall be managed to control odor, leachate and attraction of vectors. The 164
213		-	owner or operator of any such facility shall, not later than thirty days 165
214		-	after adding such items for receipt by such facility, submit a written 166
215		-	notification to the Commissioner of Energy and Environmental 167
216		-	Protection describing such addition.168
	121	+	application, (4) provide for maximum allowable levels of toxic 82
	122	+	contaminants and other contaminants in the composting product, (5) 83
	123	+	include testing criteria for such contaminants, (6) establish not less than 84
	124	+	two classes of compost made from source separated organic materials 85
	125	+	and mixed municipal solid waste, as follows: (A) Class I compost made 86
	126	+	only from compostable source separated organic materials, such as food 87
	127	+	waste, grass clippings and yard waste, that were separated from 88
	128	+	municipal solid waste at the source of generation, and (B) Class II 89
	129	+	compost made from mixed municipal solid waste that contains 90
	130	+	compostable organic materials that were not separated at the source of 91
	131	+	generation, (7) establish the maximum allowable contaminant levels for 92
	132	+	Class I compost at a level that will allow unrestricted use of such 93
	133	+	compost, and (8) prohibit the use of Class II compost for agricultural or 94
	134	+	horticultural purposes unless such Class II compost meets the 95
	135	+	maximum allowable contaminant levels established for Class I compost, 96
	136	+	as determined by the testing criteria established pursuant to subdivision 97
	137	+	(5) of this section. 98
217	138		This act shall take effect as follows and shall amend the following
218	139		sections:
219	140
220	141		Section 1 October 1, 2021 22a-226e
221	142		Sec. 2 from passage New section
222	143		Sec. 3 from passage New section
223		-	Sec. 4 October 1, 2021 22a-208a(d)
224	144
225		-	ENV Joint Favorable Subst.
	145	+	Statement of Purpose:
	146	+	To encourage the development of additional anaerobic digestion and
	147	+	composting facilities in the state that are available to divert food waste
	148	+	from the state's solid waste stream.
	149	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	150	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	151	+	underlined.]
226	152