2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446d - Solid Waste Management › Section 22a-209f. - Beneficial use of solid waste. General permit. Individual authorization. Beneficial use of beneficially reclaimed materials. Pilot program. Guidelines. Applications. Suspension or revocation of authorization.

(a) The Commissioner of Energy and Environmental Protection may issue a general permit for a category of processing or beneficial use of solid waste when used in a manufacturing process to make a product or as an effective substitute for a commercial product, provided: (1) Such permit does not allow an activity for which an individual permit has been issued; (2) the issuance of the general permit is not inconsistent with the requirements of the federal Resource Conservation and Recovery Act; (3) the solid wastes included in the category are proposed for the same or substantially similar operations and have the same or similar physical character and chemical composition; (4) the solid wastes included in the category are proposed for the same or substantially similar beneficial use or processing activities; and (5) the commissioner finds that the activities in the category can be adequately regulated using standardized conditions without harming or presenting a threat of harm to public health and safety or the environment. The issuance of the general permit shall be governed by procedures established in subsection (i) of section 22a-208a. The general permit may require any person or municipality proposing to conduct any activity under a general permit to register such activity on a form prescribed by the commissioner.
(b) (1) The commissioner may issue individual authorizations for the beneficial use of solid waste in a manufacturing process to make a product or as an effective substitute for a commercial product provided (A) such authorization does not allow an activity for which an individual or general permit has been issued, (B) such authorization is not inconsistent with the requirements of the federal Resource Conservation and Recovery Act (42 USC 6901 et seq.), and (C) the commissioner finds that such solid waste can be reused without harming or presenting a threat of harm to public health, safety or the environment.
(2) The commissioner shall establish guidelines protective of public health, safety and the environment for authorizations made 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 the guidelines, with an opportunity for submission of written comments by interested persons for a period of thirty days following the publication of the notice. The commissioner shall post a response to any comments received on the Department of Energy and Environmental Protection's Internet web site.
(3) An applicant for such authorization shall submit information on forms prescribed by the commissioner and any additional information required by the commissioner. The commissioner may direct the applicant to pay a fee of not more than five thousand dollars at the time of application, in accordance with the guidelines established under subdivision (2) of this subsection, except that no such fee shall be charged to a municipality.
(4) Notwithstanding section 22a-208a or any regulations adopted pursuant to section 22a-209, the issuance or renewal of an authorization under this subsection, or a modification of an authorization under this subsection if such modification is sought by the holder of an authorization, shall conform to the following procedures: (A) The commissioner 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 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 statute or regulation; (v) a description of the location of the proposed activity and any natural resources affected thereby; (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) such additional information as the commissioner deems necessary to comply with any provision of this title or regulations adopted pursuant to this title, or with the federal Clean Air Act, federal Clean Water Act or federal Resource Conservation and Recovery Act. There shall be a comment period of thirty days following the publication of such notice 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. (C) The commissioner may approve or deny such authorization based upon a review of the submitted information. Any authorization issued pursuant to this section 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, operation and maintenance requirements, management practices, reporting requirements and a specified term.
(5) The commissioner may suspend or revoke an 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.
(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
(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 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
(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 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 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.
(P.A. 96-80, S. 1; P.A. 09-211, S. 1; P.A. 11-80, S. 1; P.A. 21-88, S. 1.)
History: P.A. 09-211 designated existing provisions as Subsec. (a), deleted language prohibiting granting of general permit for reuse of hazardous waste, and made a technical change therein, and added Subsec. (b) re individual authorizations; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” and “Department of Environmental Protection” were changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” and “Department of Energy and Environmental Protection”, respectively, effective July 1, 2011; P.A. 21-88 added Subsec. (c) re pilot program for beneficial use of beneficially reclaimed materials.