Connecticut Administrative Code › Title 22a - Environmental Protection › 450 - Department of Energy and Environmental Protection Concerning › Section 22a-450-1 - General Provisions

Current through July 10, 2024
(a)
Applicability.
The release reporting regulations apply to the release of a
				reportable material after [insert the effective date of this
				section].
(b)
Retention of Commissioner Authority.
Nothing in the release reporting regulations shall affect the
				commissioner's authority under any other statute or regulation, including, but
				not limited to, the commissioner's authority to issue an order, initiate or
				require any other action to prevent or abate a release or a potential source of
				a release, or take any other action authorized by law.
(c)
Definitions.
As used in the release reporting regulations:
(1) "Biofuels" means a type of energy or fuel
			 derived from renewable plant and animal materials, including, but not limited
			 to, ethanol, biodiesel (vegetable oils and liquid animal fats), green diesel
			 (derived from algae and other plant sources) and biogas (methane derived from
			 animal manure and other digested organic material);
(2) "Chemical liquid" means any chemical,
			 chemical solution or chemical mixture in liquid form;
(3) "Commissioner" means the Commissioner of
			 Energy and Environmental Protection or the commissioner's designee;
(4) "Department" means the Department of
			 Energy and Environmental Protection;
(5) "Diesel fuel" means a liquid fuel used or
			 intended for use in diesel engines;
(6) "Domestic sewage" means sewage that
			 consists of water and human excretions or other waterborne wastes incidental to
			 the occupancy of a building, but does not include manufacturing process water,
			 cooling water, wastewater from water softening equipment, commercial laundry
			 wastewater, blowdown from heating or cooling equipment, water from cellar or
			 floor drains or surface water from roofs, paved surfaces or yard
			 drains;
(7) "Environment" means
			 waters of the state, land surface, subsurface strata or air, both indoors and
			 outdoors;
(8) "Explosion" means a
			 violent and destructive shattering or blowing apart of something;
(9) "Explosives" has the same meaning as
			 provided for in section 29-343 of the Connecticut General Statutes;
(10) "Facility" means any site or area,
			 building, structure, installation, equipment, machine, pipe or pipeline, well,
			 pit, pond, lagoon, impoundment, ditch, landfill, or storage container, located
			 in, on, or under any land or waters of the state;
(11) "Flammable liquid" means any liquid
			 having a flashpoint at or below 199.4 °F (93 °C);
(12) "Food products" means potable water and
			 material usually of plant or animal origin that contains essential nutrients
			 such as carbohydrates, fats, proteins, vitamins or minerals, and is ingested
			 and assimilated by an organism to produce energy, stimulate growth and maintain
			 life;
(13) "Halogenated solvents"
			 means volatile organic compounds with a boiling point of less than 482 degrees
			 °F and at least one (1) covalently-bonded halogen atom;
(14) "Hazard" means a serious, unexpected,
			 and often dangerous situation requiring immediate action, including, but not
			 limited to, the evacuation of an area;
(15) "Hazardous chemicals" has the same
			 meaning as provided for in section 22a-448 of the Connecticut General
			 Statutes;
(16) "Hazardous
			 materials" has the same meaning as provided for in
			 49
			 USC 5102(2);
(17) "Hazardous waste" means any waste
			 material which may pose a present or potential hazard to human health or the
			 environment when improperly handled, treated, stored, transported or disposed
			 of or otherwise managed including hazardous waste identified in accordance with
			 section 3001 of the Resource Conservation and Recovery Act of 1976,
			 42 USC
			 6901 et seq.;
(18) "Immediately" means as soon as possible
			 after the discovery of a release, however, not later than one (1) hour after
			 such discovery;
(19) "Imminent
			 release" means the existence of a condition that presents a substantial
			 likelihood that a release may occur, including, but not limited to, an accident
			 or malfunction such as a derailed railcar or overturned tractor trailer or
			 cargo tanks, or containers in poor or compromised condition;
(20) "Impermeable" means not allowing a
			 reportable material to pass through in order to prevent migration or
			 seepage;
(21) "License" means the
			 whole or part of any agency permit, certificate, approval, registration,
			 charter or similar form of permission required by law;
(22) "Liquefied petroleum gas" has the same
			 meaning as provided for in section 43-36 of the Connecticut General
			 Statutes;
(23) "Motor vehicle"
			 means any vehicle propelled or drawn by any non-muscular power;
(24) "Oil or petroleum" means oil or
			 petroleum of any kind or in any form, including, but not limited to, crude oil
			 or fractions thereof, refined petroleum or fractions thereof, biofuels, waste
			 oils, mineral oils, dielectric fluids and distillation products such as heating
			 oils, diesel fuels, fuel oil, kerosene, naphtha, gasoline, and lubricating and
			 hydraulic oils;
(25) "Operator"
			 means a person in control of, or having responsibility for, the operation of a
			 facility, vehicle used for transport, or stationary or non-stationary devices
			 or equipment, including, but not limited to, transformers and hydraulic
			 lifts;
(26) "PCBs" or "PCB" means
			 the class of organic compounds known as polychlorinated biphenyls or terphenyls
			 and includes any of several compounds produced by replacing two (2) or more
			 hydrogen atoms on the biphenyl or terphenyl molecule with chlorine;
(27) "Person" means any individual, firm,
			 partnership, association, syndicate, company, trust, corporation, limited
			 liability company, municipality, agency or political or administrative
			 subdivision of the state, the federal government or other legal entity of any
			 kind and any officer or governing or managing body of any partnership,
			 association, firm or corporation or any member or manager of a limited
			 liability company;
(28) "Person
			 required to report a release" means any of the following:
(A) An operator;
(B) Any person whose act or omission results,
			 or has resulted in, a release or an imminent release;
(C) Any person who owns or controls any
			 reportable material which is released or which is creating an imminent release;
			 or
(D) Any person who transports,
			 or is responsible for the transportation of, the reportable material released
			 or an imminent release;
(29) "Pesticide" means any substance or
			 mixture of substances intended for preventing, destroying, repelling, or
			 mitigating any pest, or intended for use as a plant regulator, defoliant or
			 desiccant;
(30) "Prohibited
			 pesticide" means a pesticide:
(A) identified
			 in section
			 22a-66-2(a)
			 of the Regulations of Connecticut State Agencies,
(B)  suspended or cancelled pursuant to
			 7 USC
			 136d, either voluntarily or by the United
			 States Environmental Protection Agency, or
(C) cancelled by the commissioner pursuant to
			 section 22a-52 of the Connecticut General Statutes;
(31) "Properly trained personnel" means a
			 person who has successfully completed the training pursuant to
			 29 CFR
			 1910.120 and 29 CFR 1910.1200, and who has
			 also achieved competence in the use of emergency equipment and emergency
			 procedures, spill response equipment, and mitigation, containment, and removal
			 techniques;
(32) "Radioactive
			 materials" means any solid, liquid or gas, that emits ionizing radiation
			 spontaneously;
(33) "Release" means
			 the discharge, spillage, uncontrolled loss, seepage or filtration, including
			 but not limited to, any spilling, leaking, pumping, pouring, emitting,
			 emptying, injecting, escaping, leaching, dumping or disposing, of a reportable
			 material into the environment, a secondary containment system or into a
			 building or structure, whether intended, unintended or by accident, negligence
			 or otherwise;
(34) "Release
			 reporting regulations" means sections 22a-450-1 to 22a-450-6, inclusive, of the
			 Regulations of Connecticut State Agencies;
(35) "Reportable material" means any of the
			 following: a chemical liquid, a solid, liquid or gaseous product, hazardous
			 waste, or oil or petroleum, in any form, i.e., solid, liquid, semi-solid or
			 gaseous. "Reportable material" does not include radioactive materials, potable
			 water or water vapor;
(36)
			 "Reportable quantity" means that quantity of a reportable material the release
			 of which shall be reported to the commissioner pursuant to section 22a-450-2 of
			 the Regulations of Connecticut State Agencies and if the reportable material
			 released is a liquid or compressed gas, the reportable quantity is stated in
			 gallons; if the reportable material released is a solid or uncompressed gas,
			 the reportable quantity is stated in pounds;
(37) "Restricted use pesticide" means any
			 pesticide that is either listed in 40 CFR Part 152.175, noted as a restricted
			 use pesticide on the product label, or classified by the commissioner for
			 restricted use pursuant to section 22a-50 the Connecticut General
			 Statues;
(38) "Secondary
			 containment system" means a system serving one (1) or more primary storage
			 containers or tanks that is designed, installed and operated to collect and
			 contain a release of a reportable material in the event of loss of the
			 integrity or failure of the primary containment;
(39) "Solid, liquid or gaseous products"
			 means any substance or material including, but not limited to, hazardous
			 chemicals, flammable liquids, explosives, liquefied petroleum gas, hazardous
			 materials, or hazardous substances designated in accordance with section 311 of
			 the federal Water Pollution Control Act, designated at
			 40 CFR
			 116.4;
(40) "Underground storage tank system" means
			 one (1) or a combination of tanks (including underground pipes connected
			 thereto) and any associated ancillary equipment and containment system,
			 including, but not limited to, residential underground storage tank systems
			 that is used or designed to contain an accumulation of reportable materials and
			 the volume of which (including the volume of underground pipes connected
			 thereto) is ten (10) percent or more (A) beneath the surface of the ground or
			 (B) covered with earthen materials;
(41) "Vehicles used for transport" means any
			 motor vehicle, aircraft, vessel or railroad car used, or intended to be used,
			 to transport persons or cargo, including, but not limited to, rolling stock,
			 drones, or trailers;
(42) "Vessel"
			 means every description of watercraft, other than a seaplane on water, used or
			 capable of being used as a means of transportation on water;
(43) "Waste oil" means oil which is no longer
			 suitable for the services for which it was manufactured due to the presence of
			 impurities or a loss of original properties, including, but not limited to,
			 crude oil, fuel oil, lubricating oil, kerosene, diesel fuels, cutting oil,
			 emulsions, hydraulic oils, polychlorinated biphenyls and other halogenated oils
			 that have been discarded as waste or are recovered from oil separators, oil
			 spills, tank bottoms or other sources;
(44) "Waters of the state" means all tidal
			 waters, harbors, estuaries, rivers, brooks, watercourses, waterways, wells,
			 springs, lakes, ponds, marshes, drainage systems and all other surface or
			 underground streams, bodies or accumulations of water, natural or artificial,
			 public or private, which are contained within, flow through or border upon this
			 state or any portion thereof;
(45)
			 "Water supply well" means an artificial excavation, constructed by any method,
			 for the purpose of getting water for drinking or other domestic use;
			 and
(46) "Wetland" means:
(A) those areas which border on or lie
			 beneath tidal waters, such as, but not limited to banks, bogs, salt marsh,
			 swamps, meadows, flats, or other low lands subject to tidal action, including
			 those areas now or formerly connected to tidal waters, and whose surface is at
			 or below an elevation of one foot above local extreme high water; and upon
			 which may grow or be capable of growing some, but not necessarily all, of the
			 following: Salt meadow grass (Spartina patens), spike grass (Distichlis
			 spicata), black grass (Juncus gerardi), saltmarsh grass (Spartina
			 alterniflora), saltworts (Salicornia Europaea, and Salicornia bigelovii), sea
			 lavender (Limonium carolinianum), saltmarsh bulrushes (Scirpus robustus and
			 Scirpus paludosus var. atlanticus), sand spurrey (Spergularia marina), switch
			 grass (Panicum virgatum), tall cordgrass (Spartina pectinata), high-tide bush
			 (Iva frutescens var. oraria), cattails (Typha angustifolia, and Typha
			 latifolia), spike rush (Eleocharis rostellata), chairmaker's rush (Scirpus
			 americana), bent grass (Agrostis palustris), and sweet grass (Hierochloe
			 odorata), royal fern (Osmunda regalis), interrupted fern (Osmunda claytoniana),
			 cinnamon fern (Osmunda cinnamomea), sensitive fern (Onoclea sensibilis), marsh
			 fern (Dryopteris thelypteris), bur-reed family (Sparganium eurycarpum,
			 Sparganium androcladum, Sparganium americanum, Sparganium chlorocarpum,
			 Sparganium angustifolium, Sparganium fluctuans, Sparganium minimum), horned
			 pondweed (Zannichellia palustris), water-plantain (Alisma triviale), arrowhead
			 (Sagittaria subulata, Sagittaria graminea, Sagittaria eatoni, Sagittaria
			 engelmanniania), wild rice (Zizania aquatica), tuckahoe (Peltandra virginica),
			 water-arum (Calla palustris), skunk cabbage (Symplocarpus foetidus), sweet flag
			 (Acorus calamus), pickerelweed (Pontederia cordata), water stargrass
			 (Heteranthera dubia), soft rush (Juncus effusus), false hellebore (Veratrum
			 viride), slender blue flag (Iris prismatica pursh), blue flag (Iris
			 versicolor), yellow iris (Iris pseudacorus), lizard's tail (Saururus cernuus),
			 speckled alder (Alnus rugosa), common alder (Alnus serrulata), arrow-leaved
			 tearthumb (Polygonum sagittatum), halberd-leaved tearthumb (Polygonum
			 arifolium), spatter-dock (Nuphar variegatum nuphar advena), marsh marigold
			 (Caltha palustris), swamp rose (Rosa palustris), poison ivy (Rhus radicans),
			 poison sumac (Rhus vernix), red maple (Acer rubrum), jewelweed (Impatiens
			 capensis), marshmallow (Hibiscus palustris), loosestrife (Lythrum alatum,
			 lythrum salicaria), red osier (Cornus stolonifera), red willow (Cornus amomum),
			 silky dogwood (Cornus obliqua), sweet pepper-bush (Clethra alnifolia), swamp
			 honeysuckle (Rhododendron viscosum), high-bush blueberry (Vaccinium
			 corymbosum), cranberry (Vaccinium macrocarpon), sea lavender (Limonium nashii),
			 climbing hemp-weed (Mikania scandens), joe pye weed (Eupatorium purpureum), joe
			 pye weed (Eupatorium maculatum), thoroughwort (Eupatorium perfoliatum);
			 or
(B) land, including submerged
			 land, not regulated pursuant to sections 22a-28 to 22a-35, inclusive, of the
			 Connecticut General Statutes which consists of any of the soil types designated
			 as poorly drained, very poorly drained, alluvial, and floodplain by the
			 National Cooperative Soils Survey, as may be amended from time to time, of the
			 Natural Resources Conservation Service of the United States Department of
			 Agriculture.