reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 22a - Environmental Protection › 69 - Control of Noise › Section 22a-69-7.4 - Violations and enforcement

Current through July 10, 2024
(a) No person shall
			 violate or cause the violation of any of these Regulations.
(b) Each day on which a violation occurs or
			 continues after the time for correction of the violation given in the order has
			 elapsed or after thirty (30) days from the date of service of the order,
			 whichever is later, shall be considered a separate violation of these
			 Regulations.
(c) Qualified
			 personnel of the Office of Noise Control shall, with or without complaints,
			 conduct investigations and ascertain whether these Regulations have been
			 complied with. Whenever such personnel determines that any of these Regulations
			 have been violated or there has been a failure to comply therewith, they shall
			 make and serve upon the person(s) responsible for the violation a written order
			 specifying the nature of the violation or failure and affording a reasonable
			 time for its correction or remedy. Prior to the issuance of such order, such
			 personnel shall make a reasonable effort in light of the circumstances to
			 correct a violation or achieve compliance by means of conference, conciliation
			 and persuasion as required by statute. Unless the person(s) against whom an
			 order has been served files a written answer thereto with the Commissioner
			 within thirty (30) days after the date of service of the order and requests a
			 hearing thereon, such order shall become final and effective in accordance with
			 the Connecticut Administrative Procedures Act and the rules, practices, and
			 procedures of the Department of Environmental Protection.
Connecticut Administrative Code › Title 22a - Environmental Protection › 113b - Grants for the Protection of Coves and Embayments › Section 22a-113b-1 - Grants for the protection of coves and embayments (Repealed)

Current through July 10, 2024
For 2014 repeal, see
				  Sec.
				  54 of
				  Public
				  Act 14-187. (June 11, 2014)
Connecticut Administrative Code › Title 22a - Environmental Protection › 116 - Hazardous Waste Facilities Siting › Section 22a-116-2 - Definitions

Current through July 10, 2024
The following terms not defined in section
				22a-115 of the
				Connecticut General Statutes are defined as follows:
"Department" or "DEP" means the department of environmental
				protection.
"Existing hazardous waste facility" means a hazardous waste
				facility in operation, or which had received all necessary state permits for
				hazardous waste disposal as of July 1, 1981.
"New hazardous waste facility" or "new facility" means a
				hazardous waste facility which had not received all necessary state permits for
				hazardous waste disposal prior to July 1, 1981.
"Siting permit" means a single document consolidating all DEP
				permits, approvals, licenses, and authorizations necessary for the construction
				or modification of a hazardous waste facility.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116 - Hazardous Waste Facilities Siting › Section 22a-116-3 - Permits for hazardous waste facilities

Current through July 10, 2024
(a)
Requirements for permits.
All DEP permits, approvals, licenses, or
			 authorizations necessary to initiate construction or modification of a
			 hazardous waste facility and any person applying for any DEP required permits,
			 approvals, licenses, or authorizations shall be subject to this
			 section.
(b)
Application for
			 siting permit
.
(1) Application for
			 each siting permit shall be made by the owner or operator of the facility on
			 forms furnished by the commissioner. Each application shall include all
			 information required by statute and by the most current departmental
			 regulations regarding such facility; however, nothing in these regulations
			 shall prevent the commissioner from requiring additional information concerning
			 an application if he determines that such additional information is
			 necessary.
(2) An application will
			 not be deemed to have been received by the department until all papers and
			 documents required by statute, regulation or request of the commissioner in
			 support of the application have been submitted in proper form. The department
			 shall determine within sixty (60) days of submission of a prepared application
			 whether it is complete, and shall so notify the applicant.
(3) Upon a determination that an application
			 is incomplete, the applicant may resubmit the application with the additional
			 information required by the department. The department shall determine within
			 sixty (60) days of such resubmission whether the application is complete and
			 shall so notify the applicant. Upon resubmission, the department may require
			 further information only if
(A) such
			 information is required by statute or regulation, or
(B) the need for the additional information
			 was not apparent at the time of the prior determination that the application
			 was incomplete.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116 - Hazardous Waste Facilities Siting › Section 22a-116-4 - Construction and operation

Current through July 10, 2024
All owners and operators of hazardous waste facilities are
				subject to the construction and operating requirements of sections 25-54cc(c)
				-23 through 33 and sections 25-54cc(c) -35 through 48 of the Regulations of
				Connecticut State Agencies and any other regulations of the department not
				inconsistent therewith.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116 - Hazardous Waste Facilities Siting › Section 22a-116-5 - Closure and post-closure

Current through July 10, 2024
All owners and operators of hazardous waste facilities are
				subject to closure and post-closure requirements of sections 25-54cc(c) -34 and
				35 of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116 - Hazardous Waste Facilities Siting › Section 22a-116-6 - Post-closure use

Current through July 10, 2024
At the conclusion of the post-closure period, the commissioner
				shall hold a hearing at which he will receive all information relevant to the
				future use of the closed hazardous waste facility. This information shall
				include all pertinent public and private records as well as testimony from the
				general public. A decision on any reasonable alternative use shall be made
				within ninety (90) days of the close of the hearing record.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116 - Hazardous Waste Facilities Siting › Section 22a-116-7 - Disposal facility trust fund

Current through July 10, 2024
By May first of each year, the commissioner shall determine the
				amount to be paid into the disposal facility trust fund for the following
				fiscal year by each hazardous waste facility. This sum shall be due to the
				commissioner in two equal installments on the following July 1 and January 1.
				The commissioner shall make available the derivation of the particular
				assessment for each facility.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116 - Hazardous Waste Facilities Siting › Section 22a-116-8 - Oversight and monitoring

Current through July 10, 2024
By May first of each year, the commissioner shall estimate the
				probable cost to the department of environmental protection of proper oversight
				and monitoring for the following fiscal year of each hazardous waste facility.
				This sum shall be due to the commissioner on July 1 of that year and shall be
				made a condition of the siting permit.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116 - Hazardous Waste Facilities Siting › Section 22a-116-9 - Cease and desist orders and emergency orders

Current through July 10, 2024
A cease and desist order and/or an emergency order shall become
				effective upon service by the commissioner. Following service of any such
				order, subsequent proceedings shall proceed in accordance with sections
				22a-8-10 and 11 of the Regulations of Connecticut State
				Agencies.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116 - Hazardous Waste Facilities Siting › Section 22a-116-10 - Public availability of information

Current through July 10, 2024
(a) Any records,
			 reports or other information obtained by the commissioner or any file with the
			 department shall, pursuant to the provisions of sections
			 1-15, and
			 1-18a through 1-21k
			 inclusive of the Connecticut General Statutes as amended, be made available to
			 the public.
(b) The commissioner,
			 when he deems it appropriate, may require any person requesting information
			 under this section to pay the cost of reproducing such information.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116-B - Hazardous Waste Management Facility Siting › Section 22a-116-B-1 - Purpose, scope, and applicability

Current through July 10, 2024
These regulations set forth the requirements, standards and
				application procedures applicable to the grant or denial, amendment, transfer,
				suspension, revocation, and enforcement of certificates of public safety and
				necessity by the Connecticut Siting Council required for the siting of
				hazardous waste facilities. These regulations are promulgated pursuant to Title
				22a, chapter 445, of the Connecticut General Statutes; and Title 4, chapter 54,
				of the Connecticut General Statutes. Additional regulations governing
				procedures to be followed by the Connecticut Siting Council for hazardous waste
				proceedings are promulgated pursuant to Title 16, chapter 277a, of the
				Connecticut General Statutes, and appear in Sections
				16-50j
				and
				16-50
l
of the Regulations of Connecticut State Agencies.
				Additionally, requirements relating to minimum distances between active
				portions of hazardous waste facilities and other land uses appear in Section
				22a-122-1
				of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116-B - Hazardous Waste Management Facility Siting › Section 22a-116-B-2 - Definitions

Current through July 10, 2024
As used in Sections
				22a-116 -B-1 to
				22a-116-B-11, inclusive, of the Regulations of Connecticut State Agencies and
				Section
				22a-122-1
				of the Regulations of Connecticut State Agencies:
(1) "Active Part" for the purposes of minimum
			 distance requirements set forth in Section
			 22a-122-1
			 of the Regulations of Connecticut State Agencies means that portion of a
			 hazardous waste facility where handling, storage, treatment, recovery, or
			 disposal of hazardous waste will be, is being, or has in the past been
			 conducted;
(2) "Aquifer" means a
			 geologic formation, group of formations, or part of a formation capable of
			 yielding a usable amount of ground water to wells or springs;
(3) "Certificate" means the certificate of
			 public safety and necessity required by Section
			 22a-117
			 of the Connecticut General Statutes to commence construction or modification of
			 a hazardous waste facility;
(4)
			 "Closure Period" means the first 180 days after the hazardous waste facility
			 receives its final volume of hazardous waste or any other period fixed by the
			 Council;
(5) "Construction" means
			 the fabrication, erection, installation, or excavation of a hazardous waste
			 facility which does not constitute a modification;
(6) "Container" means any portable device in
			 which a material is stored, transported, treated, disposed of, or otherwise
			 handled;
(7) "Groundwater" means
			 water present in the zone of saturation or an aquifer;
(8) "Incinerator" means an enclosed device
			 using controlled flame combustion, the primary purpose of which is to thermally
			 break down hazardous waste. Examples of incinerators are rotary kiln, fluidized
			 bed, and liquid injection incinerators;
(9) "Landfill" means a disposal facility or
			 part of a facility where hazardous waste is placed in or on land and which is
			 not a land treatment facility, a surface impoundment, or an injection
			 well;
(10) "Land treatment
			 facility" means a facility or part of a facility at which hazardous waste is
			 applied onto or incorporated into the soil surface; such facilities are
			 disposal facilities if the waste will remain after closure;
(11) "Local project review committee" means
			 the committee which may be established pursuant to Section
			 22a-127
			 of the Connecticut General Statutes;
(12) "Management" means the treatment,
			 disposal, or long term storage of hazardous waste;
(13) "Neighboring municipality" means any
			 municipality which:
(A) shares a common
			 border with the municipality within which the largest portion of the proposed
			 facility is located;
(B) occupies
			 any area within a ten-mile radius of the proposed facility site; or
(C) petitions the Council pursuant to Section
			 22a-116 -B-5 of the
			 Regulations of Connecticut State Agencies for consideration as the neighboring
			 municipality likely to be most affected by the proposed facility;
Connecticut Administrative Code › Title 22a - Environmental Protection › 116-B - Hazardous Waste Management Facility Siting › Section 22a-116-B-3 - Application procedure

Current through July 10, 2024
(a)
Who shall
			 apply
.
(1) The owner or operator of a
			 proposed facility subject to the requirement of certification under Section
			 22a-117
			 of the Connecticut General Statutes shall apply to the Council for a
			 certificate pursuant to the application provisions of Section
			 22a-118
			 of the Connecticut General Statutes. When a proposed facility is to be owned by
			 one person, but operated by another person, both owner and operator, if known
			 at the time of filing, must sign the application.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116-B - Hazardous Waste Management Facility Siting › Section 22a-116-B-4 - Designation of most affected neighboring municipality

Current through July 10, 2024
(a)
Petition.
For the purposes
			 of ad hoc representation on the council and on the local project review
			 committee, any municipality may petition the council in writing for
			 consideration as the neighboring municipality likely to be most affected by the
			 proposed facility. Such a petition shall be filed no later than 20 days after
			 an application for a certificate is filed with the council and shall
			 specifically indentify the reasons and provide supporting data, if available,
			 as to why the municipality believes it should be designated as the most
			 affected neighboring municipality.
(b)
Considerations
.
No sooner than 20 days and no later than 30 days after
				receiving an application for a certificate, the permanent members of the
				Council shall determine the neighboring municipality likely to be most affected
				by the proposed facility. In making its determination, the Council may consider
				any relevant information contained in the application for the certificate or in
				petitions filed by municipalities pursuant to this section. The Council shall,
				at a minimum, give reasonable consideration to the following
				information:
(1) description and
			 location of the proposed facility and proximity to neighboring
			 municipalities;
(2) maps from the
			 Department of Energy and Environmental Protection review regarding air quality
			 and movement, and surface and groundwater conditions and movement, including
			 proximity to water company facilities and property;
(3) human population density for the areas of
			 the proposed facility, including neighboring municipalities; and
(4) traffic data, including road and
			 transportation access.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116-B - Hazardous Waste Management Facility Siting › Section 22a-116-B-5 - Fees and assessments

Current through July 10, 2024
(a)
Payment.
All application fees required by the Council for a certificate
				of public safety and necessity for a hazardous waste facility or modification
				shall be paid to the Council at the time such application is filed.
(b)
Fee schedule
.
The fee schedule for a certificate for new hazardous waste
				facilities defined in Section
				22a-115 of the
				Connecticut General Statutes or the modification of existing facilities shall
				be 1% of estimated construction cost, including land, but not less than $5,250
				and not more than $100,250. The fee for each application for a certificate
				described in Section
				22a-117
				of the Connecticut General Statutes shall be used for the administrative
				expenses of the Council and its staff incurred in processing the application.
				In the event a hearing shall be held for such application, assessments of the
				applicant during the proceeding, or thereafter, shall be made for the expenses
				of the proceeding, and shall be in addition to any fee paid pursuant to this
				section. The amount of any fees and assessments paid pursuant to this section
				which are in excess of the actual expenses of the Council in reviewing and
				acting upon the application shall be refunded within 180 days after all Council
				obligations regarding the application are resolved.
(c)
Amendment assessment
.
The costs incurred by the Council in considering and
				application for an amendment of a certificate of public safety and necessity
				issued pursuant to Section
				22a-117
				of the Connecticut General Statutes shall be assessed to the applicant within
				180 days after all Council obligations regarding the application are resolved
				and shall not exceed the actual costs incurred in processing, reviewing, and
				deciding such application.
(d)
Declaratory ruling fee
.
The fee for each petition for a declaratory ruling pursuant to
				Section
				16-50j-39 of
				the Regulations of State Agencies shall be $625. In the event that a hearing
				shall be held for a petition for declaratory ruling, assessments on applicants
				shall be made for expenses incurred and during the proceeding and shall be in
				addition to any fee paid pursuant to this section.
(e)
Declaratory ruling field
			 inspections
.
For a petition for a declaratory ruling regarding a hazardous
				waste facility, the person submitting such request or petition shall make
				payment of a fee of $625 to the Council for a field inspection. This fee shall
				be paid within 30 days after the Council's inspection and shall be in addition
				to any fee paid pursuant to this section.
(f)
D&M field inspections
.
Expenses incurred for field inspections in reviewing the
				D&M plan of a hazardous waste facility shall be billed quarterly to the
				applicant.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116-B - Hazardous Waste Management Facility Siting › Section 22a-116-B-6 - Local project review grant

Current through July 10, 2024
(a)
Deposit
.
Upon the filing of an application with the Council, or
				thereafter if project costs are revised, the applicant shall deposit with the
				Council for the local project review grant an amount calculated as 1% of the
				total project costs, but not less than $1,250 and not more than that authorized
				by Section
				22a-127
				of the Connecticut General Statutes.
(b)
Disbursement
.
Upon the filing by the local project review committee
				established pursuant to Section
				22a-127
				of the Connecticut General Statutes of receipts for expenses for technical
				assistance including professional, environmental, scientific, financial and
				legal assistance incurred by such committee for its review of the proposed
				hazardous waste facility, the Council shall reimburse the local project review
				committee a sum not exceeding that deposited by the applicant pursuant to
				subsection (a) of this section.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116-B - Hazardous Waste Management Facility Siting › Section 22a-116-B-7 - Rendering a decision

Current through July 10, 2024
(a)
Requirements for written decision
.
(1) Within twelve months of receipt of a
			 complete application, the Council shall render its decision upon the record by
			 an affirmative vote of not less than seven Council members either granting or
			 denying the application as filed, or granting it upon such terms, limitations,
			 or conditions as the Council may deem appropriate. The twelve month time limit
			 may be extended by 180 days by agreement of the Council and the
			 applicant.
(2) The Council shall
			 file, with its decision, an opinion stating in full the reasons for its
			 decision. The decision shall include a statement describing the items of
			 negotiation between the applicant and local project review committee which the
			 Council has accepted and incorporated into any approval and those negotiated
			 items it has rejected and the reasons therefor.
(3) The Council shall file, with its
			 decision, copies of the reports on negotiations filed by the applicant and the
			 local project review committee, and the record of any Council meeting held with
			 the applicant and committee.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116-B - Hazardous Waste Management Facility Siting › Section 22a-116-B-8 - Transferability of certificates

Current through July 10, 2024
(a) No certificate
			 may be transferred without the approval of the permanent Council.
(b) Any person desiring to transfer a
			 certificate shall jointly submit with the proposed transferee an application to
			 the Council on such forms as may be prescribed from time to time by the
			 permanent Council members. Such application shall, at a minimum, include the
			 date on which such transfer was agreed upon by the parties to the transfer, an
			 explanation of the reasons for the proposed transfer, and the same information
			 about the transferee which is required of an applicant for a certificate by
			 Section
			 22a-118
			 of the Connecticut General Statutes.
(c) The proposed transferee shall agree, in
			 writing, to comply with the terms, limitations, and conditions contained in the
			 certificate.
(d) The permanent
			 Council shall not approve any such transfer if it finds:
(1) That such transfer was contemplated at or
			 prior to the time the certificate was issued and that such fact was not
			 adequately disclosed during the certification proceeding; or
(2) That the transferee lacks the financial,
			 technical, or management capabilities to comply fully with the terms,
			 limitations, or conditions of the certificate.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116-B - Hazardous Waste Management Facility Siting › Section 22a-116-B-9 - Development and management plan

Current through July 10, 2024
(a)
Purpose.
The Council may require the preparation of a full or partial
				D&M plan for any certificated hazardous waste facility or any modification
				to a hazardous waste facility, where the preparation of such a plan would help
				to protect the health and safety of Connecticut's citizens and the
				environmental and economic interests of the state.
(b)
Procedure for preparation
.
The D&M plan shall be prepared by the applicant in
				consultation with Council staff.
(c)
Timing of the plan
.
The D&M plan shall be submitted to the Council and all
				parties in one complete filing. The D&M plan shall be approved, modified or
				denied by the Council not later than 60 days of receipt of it and prior to the
				commencement of construction.
(d)
Elements of a D&M plan
.
A D&M plan shall be a precise and complete description of
				the site and facility to be built and shall include, but not be limited to, the
				following information:
(1) The
			 original application as revised by the applicant during the proceeding showing
			 all additions, deletions, and changes, with page references, to the original
			 proposal;
(2) A separate statement
			 of the proposed methods, equipment, and schedule for construction or for each
			 section of construction if construction is to continue through the life of the
			 facility, with descriptions of possible adverse construction impacts and
			 methods of minimizing or mitigating such impact;
(3) A description of the effects of
			 construction on site characteristics, such as the effects of grading on surface
			 drainage, and of soil removal or compaction on erosion, permeability and
			 surface drainage;
(4) A statement
			 of the management and administrative program for the operation of the proposed
			 facility;
(5) The names and
			 qualifications of supervisors assigned to the construction project;
(6) The identity of the person to be
			 responsible for operation and a resume of that person's qualifications and
			 experience; and
(7) A statement of
			 the number, duties, qualifications, and experience of all personnel job
			 classifications to be involved in the processing, treatment, transfer, storage,
			 recovery, or disposal of hazardous waste.
Connecticut Administrative Code › Title 22a - Environmental Protection › 116-B - Hazardous Waste Management Facility Siting › Section 22a-116-B-10 - Enforcement by the council

Current through July 10, 2024
Whenever the Council becomes aware of any unauthorized
				construction or modification of a hazardous waste facility subject to the
				requirements of Chapter 445 of the Connecticut General Statutes or determines
				that there has been noncompliance with any terms, limitations, or conditions of
				a certificate, the Council, pursuant to Section
				22a-123
				of the Connecticut General Statutes, will take appropriate enforcement action.
				Such action may include issuing a cease and desist order, suspending or
				revoking a certificate, or requesting the Attorney General to bring an
				enforcement proceeding in superior court.
Connecticut Administrative Code › Title 22a - Environmental Protection › 122 - Hazardous Waste Minimum Distance Requirements › Section 22a-122-1 - Minimum distance requirements

Current through July 10, 2024
(a)
Minimum
			 distances.
Unless the applicant makes the demonstration required by
			 subsection (c), the minimum distances between active parts of the following
			 specified types of facilities and other land uses shall not be less than the
			 following:
(1) For land based facilities,
			 including landfills, surface impoundments, land treatment facilities, injection
			 wells, and waste piles, the minimum distance shall be 400 feet from all other
			 land uses;
(2) For non-land based
			 facilities, including incinerators, thermal, physical, chemical, and biological
			 treatment facilities, recovery facilities, and storage facilities, the minimum
			 distance shall be 150 feet from all other land uses.
Connecticut Administrative Code › Title 22a - Environmental Protection › 133f - Superfund Priority Score › Section 22a-133f-1 - Determination of the use of state funds and accounts for remedial action at hazardous waste disposal sites

Current through July 10, 2024
(a)
Definitions
"Hazardous Substance" means any substance designated pursuant
				to Section 101 (14) of the Comprehensive Environmental Response, Compensation,
				and Liability Act of 1980 (
				42
				U.S.C. 9601, et seq.); any hazardous waste as
				defined in Section
				22a-448
				of the Connecticut General Statutes, as amended; or any substance which, if it
				were no longer intended for beneficial use, would meet the definition of
				"hazardous waste" contained in Section
				22a-448
				of the Connecticut General Statutes, as amended.
"SPL" means the State of Connecticut Superfund Priority List
				established by the Commissioner of Environmental Protection pursuant to
				subsection (b) of this section.
"SPS" means the State of Connecticut Superfund Priority Score
				used by the Commissioner of Environmental Protection to determine the priority
				of sites on the SPL as calculated pursuant to subsection (e) of this
				section.
(b)
The
			 Superfund Priority List
(1) The
			 Commissioner shall establish a list of hazardous waste disposal sites deemed
			 eligible for expenditure of state funds for remedial actions pursuant to Sec.
			 22a-133f
			 of the Connecticut General Statutes. This list shall be known as the
			 SPL.
(2) The priority for funding
			 of remedial action at sites on the SPL shall be determined by the Superfund
			 Priority Score (SPS) calculated pursuant to subsection (e) of this section.
			 Except as otherwise provided in subsection (c) of this section, priority for
			 state funded remedial actions shall be given to the sites on the SPL with the
			 highest SPS. Whenever two sites on the SPL have the same SPS, the Commissioner
			 shall determine the order of priority for funding based on any factors he or
			 she deems appropriate.
(3) The SPL
			 shall be updated whenever a site is added to or dropped from the list and
			 whenever a site is scored or rescored pursuant to subsection (e) of this
			 section.
(4) Continued funding of
			 the current phase of remedial action, and the funding of successive phases of
			 remedial action at sites at which state funded remedial action has been
			 initiated, may be continued, at the discretion of the Commissioner, regardless
			 of any changes in circumstances related to the site, or the relative priority
			 of sites on the SPL caused by the addition of sites to the SPL or the rescoring
			 of sites on the SPL.
(5) State
			 funded remedial action at hazardous waste disposal sites which was initiated
			 prior to the adoption of this regulation shall continue to be funded from state
			 funds and accounts after the adoption of these regulations regardless of the
			 relative priority of such site(s) on the SPL except as otherwise provided in
			 subsections (c) or (d) of this section.
Connecticut Administrative Code › Title 22a - Environmental Protection › 133k - Remediation Standard › Section 22a-133k-2 - Remediation Standards for Soil

Current through July 10, 2024
(a)
Soil
			 Criteria
Unless otherwise specified in the RSRs, polluted soil at a
				release area shall be remediated so that the concentration of a substance in
				such soil is equal to or less than:
(1) The direct exposure criteria and the
			 pollutant mobility criteria ; or
(2) The background concentration for
			 soil.
Connecticut Administrative Code › Title 22a - Environmental Protection › 133k - Remediation Standard › Section 22a-133k-3 - Remediation Standards for Groundwater

Current through July 10, 2024
(a) Groundwater
			 Criteria
Unless otherwise specified in the RSRs, all substances in
				groundwater from a release shall be remediated to comply with the following, as
				applicable:
(1) Groundwater in a GA
			 Area
Remediation of substances in groundwater in a GA area,
				including the portion of a groundwater plume migrating from a GB area into a GA
				area, shall result in the reduction of each substance to a concentration equal
				to or less than:
(A) The background
			 concentration, except as provided in subsection (d) of this section, concerning
			 groundwater protection criteria;
(B) Surface water protection criteria or
			 background concentration; and
(C)
			 Volatilization criteria.
Connecticut Administrative Code › Title 22a - Environmental Protection › 133m - Urban Site Remediation Program › Section 22a-133m-1 - Definitions

Current through July 10, 2024
As used in section 22a-133m-1 to section
				22a-133m-3,
				inclusive, of these regulations:
(1)
			 "Manufacturing or economic base business" shall be construed as defined in
			 section
			 32-222(k)
			 of the general statutes.
(2)
			 "Targeted investment community" shall be construed as defined in section
			 32-222(u)
			 of the general statutes.
(3)
			 "Commissioner" means the Commissioner of Economic Development.
(4) "Transferor" means the person
			 transferring the interest in the property to the Commissioner.
(5) "Eligible applicant" means any
			 manufacturing or economic base business, as defined under sec.
			 32-222(f)
			 of the general statutes; and any other for-profit organization or nonprofit
			 organization.
(6) "Eligible
			 project" means any existing polluted commercial or industrial property that is
			 proposed to be reused for economic development purposes by an eligible
			 applicant following the remediation of such polluted property pursuant to
			 sections 22a-133m-1 to
			 22a-133m-3,
			 inclusive, of these regulations.
(7) "Agreement" means an agreement between
			 the Commissioner of economic development and an eligible applicant for the
			 remediation and reuse of polluted property pursuant to sections 22a-133m-1 to
			 22a-133m-3,
			 inclusive, of these regulations.
(8) "For-profit organization" means a
			 for-profit partnership or sole proprietorship or corporation which is a
			 manufacturing or economic base business or which has demonstrated to the
			 satisfaction of the commissioner that it has the qualifications, including
			 financial qualifications, necessary to carry out an eligible project.
(9) "Nonprofit organization" means a
			 nonprofit corporation as defined in section 33-421 of the general statutes
			 which is organized under the laws of this state and which has demonstrated to
			 the satisfaction of the commissioner that it has the qualifications, including
			 financial qualifications, necessary to carry out an eligible project.
Connecticut Administrative Code › Title 22a - Environmental Protection › 133m - Urban Site Remediation Program › Section 22a-133m-3 - Transfer and reuse of remediated property

Current through July 10, 2024
Prior to the acquisition of polluted commercial or industrial
				property under section
				22a-133m
				of the Statutes, the Commissioner shall enter into an agreement with the
				eligible applicant. The provisions of such an agreement shall include, but not
				be limited to, the following:
(1)
			 Agreement to conduct a manufacturing or economic base business at the
			 site;
(2) Agreement to pay all
			 necessary and appropriate legal costs incurred by the Department of Economic
			 Development and related to this project;
(3) Agreement to execute a lease, or other
			 legal instrument, with the State, acting through the Commissioner of Economic
			 Development to provide for the following:
(A)
			 Payment to the Commissioner of local property taxes related to the subject
			 property. Such payments shall be used by the Commissioner to reimburse the
			 municipality in which an eligible property is located for the local property
			 taxes while such property is under the ownership of the State;
(B) Payment to the Commissioner for the costs
			 incurred by the Department of Economic Development in administering the
			 program;
(C) Payment to the
			 Commissioner for the costs incurred by the Department of Environmental
			 Protection in assessing and remediating the property;
(D) A long-term commitment by the applicant,
			 its successors or assigns, for the term of the lease or 10 years, whichever is
			 greater, to use the property for the specified economic development
			 purposes;
(E) Such other terms and
			 conditions that the Commissioner of Economic Development, in consultation with
			 the Commissioner of Environmental Protection, may deem necessary, including,
			 but not limited to, the provision of collateral to secure the terms and
			 conditions specified above.
Connecticut Administrative Code › Title 22a - Environmental Protection › 133q - Remediation Standard › Section 22a-133q-5 - EUR Opinion

Current through July 10, 2024
(a)
Preparation of the EUR Opinion
For purposes of the EUR regulations, an EUR opinion shall be
				prepared using a form prescribed by the commissioner and shall:
(1) Identify historic industrial/commercial
			 activity on the parcel and include a brief narrative summarizing the type and
			 location of pollutants in the soil, groundwater, sediments, or soil vapor at
			 concentrations greater than the applicable criteria set forth in or approved
			 pursuant to the RSRs and identified during the investigation and
			 characterization of the parcel;
(2)
			 Include a table, that lists:
(A) Each proposed
			 ELUR or NAUL subject area identified on a survey that complies with section
			 22a-133q-4 of the EUR regulations;
(B) The pollutants present in soil,
			 sediments, groundwater or soil vapor on or underlying that subject area that
			 are present in concentrations greater than the criteria set forth in, or
			 approved pursuant to, the RSRs, their concentration, and horizontal and
			 vertical extent; and
(C) The
			 restrictions or affirmative obligations to be imposed by the EUR;
(3) Describe each restriction or
			 affirmative obligation to be imposed by the EUR and all requirements to
			 implement such EUR;
(4) For each
			 restriction or affirmative obligation, as applicable, to be imposed by the EUR,
			 indicate:
(A) Why the restriction or
			 affirmative obligation was chosen for the conditions present at the subject
			 area;
(B) That the current
			 condition of the subject area is in compliance with the restriction
			 proposed;
(C) That the current
			 condition of the subject area allows for compliance with all affirmative
			 obligations; and
(D) How compliance
			 with each restriction and affirmative obligation, as proposed, will ensure
			 compliance with the RSRs;
(5) For parcels subject to a NAUL only,
			 describe any activities and uses permitted and inconsistent with maintaining
			 compliance with such NAUL;
(6)
			 Include the signature and seal of an LEP, or, when the parcel upon which the
			 EUR will be placed is in the custody and control of the department, the
			 signature of either the commissioner or an LEP, certifying that:
(A) The contents of the EUR opinion are
			 accurate and complete; and,
(B)
			 Each restriction and affirmative obligation to be imposed by the EUR is
			 consistent with the RSRs and is protective of human health and the environment;
			 and
(7) Include any
			 other information specified by the commissioner on such form.
Connecticut Administrative Code › Title 22a - Environmental Protection › 133q - Remediation Standard › Section 22a-133q-6 - Allowable Disturbances

Current through July 10, 2024
Notwithstanding the restrictions in an EUR regarding digging,
				excavating, disturbing or exposing soil, a person may temporarily conduct
				activities otherwise prohibited by such restrictions, provided such person
				complies with the requirements of this section.
(a)
Temporary Allowable
			 Disturbances
A temporary allowable disturbance authorized under this section
				shall:
(1) Comprise a discrete
			 singular project, minimized to the greatest extent practicable and not be one
			 phase of a multi-phased project or a continuous or on-going project;
(2) Be supervised by an LEP. If the subject
			 area is on property under the custody and control of the department, either an
			 LEP or the commissioner may supervise such activities;
(3) Not exceed 90 days, and no new allowable
			 disturbance in the same subject area may commence until 90 days has passed
			 since the completion of activities performed pursuant to a previous allowable
			 disturbance;
(4) Not result in the
			 excavation of more than 250 cubic yards of soil, other excavated material or
			 debris;
(5) Not exceed 1000 square
			 feet of disturbance at any one time;
(6) Not result in the disturbance of any
			 subject area containing PCBs;
(7)
			 Be conducted in compliance with any restrictions or affirmative obligations of
			 the EUR other than restrictions regarding digging, excavating, disturbing or
			 exposing soil; and
(8) Be conducted
			 in compliance with all other requirements of the EUR regulations.
Connecticut Administrative Code › Title 22a - Environmental Protection › 133q - Remediation Standard › Section 22a-133q-7 - Releases and Terminations

Current through July 10, 2024
The restrictions and affirmative obligations in an EUR shall
				only be temporarily or permanently released, or the restrictions and
				affirmative obligations in a NAUL terminated, in compliance with the
				requirements of this section. No person shall execute and record a temporary or
				permanent release of an EUR or termination of a NAUL that does not comply with
				the requirements of this section.
(a)
Temporary Releases
(1) A
			 temporary release approved under this section shall be recorded using a format
			 prescribed by the commissioner and shall specify the termination date for such
			 release.
(2) The extent and
			 duration of a temporary release approved under this section shall be limited to
			 the minimum that is reasonably necessary to conduct the proposed activities, as
			 determined by the Commissioner or the LEP who approves such release at the time
			 such release is approved.
(3) The
			 activities undertaken pursuant to any temporary release approved under this
			 section shall:
(A) Be supervised by an LEP,
			 unless the subject area is on property under the custody and control the
			 department, in which case either an LEP or the commissioner may supervise such
			 activities;
(B) Be conducted in
			 compliance with any restrictions or affirmative obligations of the EUR that are
			 not in direct conflict with the activities conducted pursuant to the temporary
			 release; and
(C) Be conducted in
			 compliance with all other requirements of the EUR regulations.
Connecticut Administrative Code › Title 22a - Environmental Protection › 133v - State Board of Examiners of Environmental Professionals › Section 22a-133v-4 - Licensing and Delicensing Procedures

Current through July 10, 2024
(a)
Issuance
			 of License
(1) The Board shall
			 authorize the Commissioner to issue a license, with or without appropriate
			 conditions, to each applicant who achieves a passing score on an examination
			 and who otherwise in the Board's judgment satisfies the requirements of Section
			 22a-133v-2
			 of the Regulations of Connecticut State Agencies.
(2) Each license shall be effective on the
			 date of issuance by the Commissioner and shall expire on July 1 following the
			 date of issuance.
Connecticut Administrative Code › Title 22a - Environmental Protection › 133v - State Board of Examiners of Environmental Professionals › Section 22a-133v-5 - Design and Use of Licensed Environmental Professional's Seal

Current through July 10, 2024
(a)
Design and Procurement of a
			 Seal
(1) Each licensee shall procure a
			 rubber stamp or embossing device for a seal, the design, individual number,
			 size and working of which shall conform with the specifications prescribed by
			 the Board.
(2) Within fifteen (15)
			 days of procuring said seal, a licensee shall stamp or emboss it upon such
			 licensee's signature on two (2) sheets of such licensee's letterhead stationery
			 and submit the two (2) sheets to the Board.
(3) A licensee's seal is not transferable to
			 any other person. A licensee shall report a loss or theft of such licensee's
			 seal in writing to the Board and the Commissioner no later than fifteen (15)
			 days after discovery. Misuse of the lost or stolen seal by others shall remain
			 the responsibility of the licensee until notification of such loss or theft is
			 received by both the Board and the Commissioner.
Connecticut Administrative Code › Title 22a - Environmental Protection › 133v - State Board of Examiners of Environmental Professionals › Section 22a-133v-6 - Rules of Professional Conduct

Current through July 10, 2024
(a)
Definitions
As used in this section, the term licensed environmental
				professional or licensee shall also include all individuals placed on an
				interim list of environmental professionals pursuant to section
				22a-133v
				of the Connecticut General Statutes.
(b)
General
(1) In order to establish and maintain a high
			 standard of integrity, skills and practice in the environmental profession and
			 to safeguard the environment and the health, safety, property, and welfare of
			 the public, the following rules of professional conduct shall apply to every
			 licensed environmental professional. The Board may conduct investigations
			 regarding the professional conduct of any licensee.
(2) Each licensee and applicant shall be
			 deemed to be thoroughly familiar with all the provisions of this
			 section.
(3) This section shall
			 apply to all professional services provided by a licensee in Connecticut, even
			 if a license issued pursuant to section
			 22a-133v
			 of the Connecticut General Statutes is not required to provide such
			 services.
Connecticut Administrative Code › Title 22a - Environmental Protection › 133v - State Board of Examiners of Environmental Professionals › Section 22a-133v-7 - Hearings

Current through July 10, 2024
(a)
Definitions
For the purposes of this section, the following terms shall be
				defined as they are defined in section
				4-166 of the
				Connecticut General Statutes: contested case, final decision, hearing officer,
				presiding officer, intervenor, license, licensing, party and proposed final
				decision. The following terms shall be defined as they are defined in section
				22a-133v-1 of the
				Regulations of Connecticut State Agencies: applicant, application, Board,
				examination, licensee, licensed environmental professional, and person. For the
				purposes of this section, the term "Board" shall, unless the context indicates
				otherwise, include a designee appointed by the Board to conduct a
				hearing.
(b)
Scope
			 and Applicability
(1) Unless otherwise
			 provided by law, this section governs all hearings to be conducted by the
			 Board.
(2) Notwithstanding the
			 action of any person acting as its agent, the Board shall retain its authority
			 to take any action authorized by law including the authority to take any action
			 a presiding officer may take. Any action of the Board shall preempt the action
			 of the hearing officer or other agent of the Board.
Connecticut Administrative Code › Title 22a - Environmental Protection › 135 - Reporting of Nuclear Incidents › Section 22a-135-1 - Reporting of nuclear incidents

Current through July 10, 2024
Each operator of a nuclear power generating facility shall
				notify the Commissioner of Environmental Protection or his designee, which may
				be another State Agency, as soon as possible but in all cases within one hour,
				by telephone, of the occurrence of significant events as defined in the Code of
				Federal Regulations, Title 10, Part 50, Section 50.72 (
				10CFR
				50.72 ) "Notification of Significant Events"
				as amended and interpreted by the U.S. Nuclear Regulatory Commission (Latest
				revision on file with the Connecticut Department of Environmental Protection,
				Hartford, Connecticut).
Connecticut Administrative Code › Title 22a - Environmental Protection › 163f - Low-Level Radioactive Waste Management Facility Siting Regulations › Section 22a-163f-1 - Purpose, scope, and applicability

Current through July 10, 2024
These regulations set forth the requirements, standards, and
				application procedures applicable to the grant or denial, amendment, transfer,
				suspension, revocation, and enforcement of certificates of public safety and
				necessity by the Connecticut Siting Council required for the siting of
				low-level radioactive waste management facilities. These regulations are
				promulgated pursuant to title 22a, chapter 446a of the Connecticut General
				Statutes. Additional regulations governing procedures to be followed by the
				Connecticut Siting Council for low-level radioactive waste management
				facilities proceedings are promulgated pursuant to title 16, chapter 277a, of
				the Connecticut General Statutes, as amended, and appear in parts 16-50j-1
				through 16-50j-59 and 16-50
l
-1 through
				16-50
l
-5 of Regulations of Connecticut State
				Agencies.