CSC: Hazardous Waste Proceedings

Hazardous Waste Proceedings

Jurisdiction for Hazardous Waste Facility Construction or Modification

No person shall commence construction or modification of a hazardous waste facility unless such person has been issued a Certificate of Public Safety and Necessity (Certificate) by the Connecticut Siting Council (Council). (General Statutes § 22a-117 (a)) (Application Guide)

Regulatory Exemptions

Exemptions not requiring a Certificate from the Council, subject to confirmation by the Council, include the following:

  1. existing facilities (i.e., a hazardous waste facility in operation on or before June 1, 1983, or which had received all necessary state permits for hazardous waste disposal on or before July 1, 1981; (General Statutes § 22a-117 (b))
  2. any facility whose primary business is not disposal, treatment, or recovery of hazardous waste but which treats or recovers hazardous waste on site as an integral part of an industrial process as determined by the Commissioner of the Department of Environmental Protection (DEP); (General Statutes § 22a-117 (b) (1))
  3. any facility approved by the Commissioner of DEP designed and operated by or for municipalities pursuant to their obligations under General Statutes § 22a-220 to provide for solid waste disposal; (General Statutes § 22a-117 (b) (2))
  4. any facility used only for the short-term storage (the holding of less than fifty-five gallons or five hundred pounds, whichever amount is greater, of hazardous waste at one site for less than one year) of hazardous waste; (General Statutes §§ 22a-117 (b) (3); 22a-115 (5) and (6))
  5. any facility requiring a permit pursuant to General Statutes § 22a-454 which the Council determines, after consultation with the Commissioner of DEP, does not pose a significant threat to public safety, human health, or the environment; (General Statutes § 22a-117 (b) (4))
  6. any facility that will not treat, store, or dispose of waste defined as hazardous waste, (i.e., hazardous waste identified in accordance with Section 3001 of the Federal Resources Conservation and Recovery Act of 1976 (42USC6901 et seq.), hazardous waste identified by regulation by the DEP, and polychlorinated biphenyls in concentrations greater than fifty parts per million); (General Statutes § 22a-115 (1)) and
  7. routine maintenance, repair, or replacement of the individual components at a hazardous waste facility that is necessary for normal operation or a change or alteration at a hazardous waste facility ordered by a state official in the exercise of his statutory authority. (General Statutes § 22a-115 (9))

Application Service and Notice

A. When an application is filed with the Council, the applicant must also provide an application to the following:

  • each municipality in which any portion of such facility, including proposed and alternative sites, may be located, including:
    • the chief elected official;
    • the director of health;
    • the fire marshal;
    • the conservation commission;
    • inland wetlands agency;
    • planning commission;
    • police commission; and
    • zoning commission;
  • the regional planning agency for the region;
  • each water company, as defined in General Statutes § 25-32a, which owns or operates land or facilities located in, or serves any customer who resides in, the municipality in which the site is located or an area within a five mile radius of the boundaries of the proposed site;
  • each member of the legislature in whose district the proposed facility is to be located;
  • each owner of land adjacent to the proposed facility;
  • the DEP;
  • the Department of Public Health;
  • the Department of Public Utility Control;
  • the Department of Economic and Community Development;
  • the Department of Public Safety;
  • the Department of Transportation;
  • the Office of Policy and Management; and
  • the Council on Environmental Quality. (General Statutes § 22a-118 (e))

B. Notice of the application shall be given to the general public by publication, in ten point boldface type, of a summary of such application and the date on which it will be filed in a newspaper of general circulation in each municipality in which the proposed facility is to be located. (General Statutes § 22a-118 (e)). Such notice shall contain the following sentence: “The chief elected official of any municipality which wishes to be represented on the Council as the most effected neighboring municipality may apply within 20 days for such status to the Council in accordance with Connecticut Regulations Section 22a-116-B-4.” (Regs., Conn. State Agencies § 22a-116-B-3 (b))

C. The Council reviews all applications for compliance with General Statutes § 22a-118 and Section 22a-122-1 of the Regulations of Connecticut State Agencies. An application may be rejected by the Council if incomplete unless an explanation is provided for any item omitted from an application. The Council will reserve final judgment on relevancy. (Regs., Conn. State Agencies § 22a-116-B-3 (c) (1))

D. As soon as practicable after receipt of an application, the Council shall notify the applicant in writing as to the completeness of the application. If an applicant fails or refuses to correct any deficiencies in the manner directed and within the time prescribed by the Council, the application may be denied and rejected for lack of proper submission. (Regs., Conn. State Agencies § 22a-116-B-3 (c) (2))

E. A determination by the Council that an application is complete at the initiation of the certification process shall not preclude the Council from requiring the applicant to submit additional information subsequently determined to be necessary for a proper and complete evaluation of the proposed hazardous waste facility. (Regs., Conn. State Agencies § 22a-116-B-3 (c) (3))

F. Upon receipt by the Council of an application for a Certificate which meets the requirements of General Statutes § 22-118, and Section 22a-122-1 of the Regulations of Connecticut State Agencies, the Council shall immediately notify the Governor and the chief elected official of the municipality or municipalities in which the proposed facility is to be located. The four ad hoc members of the Council, three of whom shall be electors from the municipality in which the proposed facility is to be located and one of whom shall be an elector from a neighboring municipality likely to be most effected by the proposed facility, shall be appointed within 30 days after the filing of the application. If the chief elected official does not appoint the members within 30 days, the Council shall appoint them within ten days thereafter. Within 60 days after receipt of the application, the Council shall hold a meeting at which a date and location for the commencement of a public hearing on the application shall be established, which public hearing shall begin not more than 180 days after receipt of such application. At least one session of such hearing shall be held after 6:30 p.m. for the convenience of the general public. Such hearing shall be held at a location selected by the Council in the municipality in which the proposed facility is to be located. If the proposed facility is to be located in more than one municipality, the Council shall fix the location for a public hearing in whichever municipality it determines is most appropriate, provided the Council may hold hearings in more than one municipality. (General Statutes §§ 22a-119 (a) and 16-50j (c))

Local Project Review Committee

In each municipality where a hazardous waste facility is proposed to be located, there may be established a local project review committee consisting of not less than four and not more than nine members all but one of whom shall be electors from the municipality where the facility is proposed to be located. The remaining member shall be an elector from the municipality likely to be most effected by the proposed facility which municipality shall be named by the Council after receipt of an application for a Certificate. The Commissioner of DEP shall notify the Council and the chief elected official of the municipality where the facility is proposed to be located upon receipt of an application for licenses, permits, or approvals necessary to establish a hazardous waste facility. The Council shall send to the chief elected official a copy of the provisions of the General Statutes for the establishment of a local project review committee along with a copy of the notification sent by the Commissioner. After notification, the chief elected official may appoint members to such committee. All members shall be appointed by the chief elected official of the municipality that they represent. (General Statutes § 22a-127 (a))

Upon filing of an application with the Council, the applicant shall deposit with the Council a sum determined by the Council but not exceeding $50,000 to be disbursed by the Council to the local project review committee for the sole use of obtaining technical and professional assistance for such committees review of the proposed hazardous waste facility. Such assistance may include environmental, scientific, economic, financial, and legal assistance. (General Statutes § 22a-127 (b))

Designation of Most Affected Neighboring Municipality

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 effected 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 identify the reasons and provide supporting data if available as to why the municipality believes it should be designated as the most affected neighboring municipality. (Regs., Conn. State Agencies § 22a-116-B-4 (a))

No sooner than 20 days and no later than 30 days after receiving an application for a certificate, the permanent members of the Council (as defined in General Statutes § 22a-115 (14) shall determine the neighboring municipality likely to be most affected by the proposed facility. (Regs., Conn. State Agencies § 22a-116-B-4 (b))

Public Participation

Party Status

Parties to the proceeding include the following:

  • the applicant;
    • municipal officials, including:
    • the chief elected official;
    • the director of health;
    • the fire marshal;
    • the conservation commission;
    • inland wetlands agency;
    • planning commission;
    • police commission; and
    • zoning commission;
  • the regional planning agency for the region;
  • each water company, as defined in General Statutes § 25-32a, which owns or operates land or facilities located in, or serves any customer who resides in, the municipality in which the site is located or an area within a five mile radius of the boundaries of the proposed site;
  • each member of the legislature in whose district the proposed facility is to be located;
  • each owner of land adjacent to the proposed facility;
  • the DEP;
  • the Department of Public Health;
  • the Department of Public Utility Control;
  • the Department of Economic and Community Development;
  • the Department of Public Safety;
  • the Department of Transportation;
  • the Office of Policy and Management;
  • the Council on Environmental Quality; and
  • such other persons as the Council may at any time deem appropriate. (General Statutes § 22a-120 (a))

Parties may participate by:

  • filing pre-hearing questions to the applicant or other parties or intervenors;
  • presenting testimony at the hearing;
  • cross-examining witnesses at the hearing; and
  • filing exhibits, briefs, and proposed findings of fact. (General Statutes § 22a-121)

In addition, parties will receive service of all filings in the proceeding.

Parties are obligated to:

  • respond to pre-hearing questions filed by the Council, applicant, or other parties or intervenors;
  • submit to cross-examination from the Council, applicant, or other parties or intervenors;
  • provide the Council with an original and 20 copies of all filings; and
  • provide the applicant and all other parties and intervenors, who have not waived service, with one copy of all filings. (General Statutes § 22a-121)

All persons seeking to be named or admitted as a party are requested to file a written petition to the Council to be so designated at least five (5) days before the date of the hearing. The petition to be designated a party must state the following:

  • name and address;
  • description of the manner in which the petitioner claims to be substantially and specifically affected by the proceeding;
  • contention of the petitioner concerning the issue of the proceeding;
  • the relief sought by the petitioner and the statutory or other authority therefore; and
  • the nature of the evidence, if any, that the petitioner intends to present in the event that the petition is granted. (Regs., Conn. State Agencies § 16-50j-14 (b))

Intervenor Status

Intervenors to the proceeding include any person if the Council finds that:

  • the petitioner’s participation is in the interests of justice and will not impair the orderly conduct of the proceeding. (General Statutes § 4-177a)

Intervenors may participate by:

  • filing pre-hearing questions to the applicant or other parties or intervenors;
  • presenting testimony at the hearing;
  • cross-examining witnesses at the hearing; and
  • filing exhibits, briefs, and proposed findings of fact.

In addition, intervenors will receive service of all filings in the proceeding.

Intervenors are obligated to:

  • respond to pre-hearing questions filed by the Council, applicant, or other parties or intervenors;
  • submit to cross-examination from the Council, applicant, or other parties or intervenors;
  • provide the Council with an original and twenty (20) copies of all filings; and
  • provide the applicant and all other parties and intervenors, who have not waived service, with one copy of all filings.

All persons seeking to be named or admitted as an intervenor are requested to file a written petition to the Council to be so designated at least five (5) days before the date of the hearing. The petition to be designated an intervenor shall state the following:

  • name and address;
  • description of the manner in which the petitioner is affected by the proceeding; and
  • in what way and to what extent the petitioner proposes to participate in the proceeding. (Regs., Conn. State Agencies § 16-50j-15a (b))

Public Appearance

Any person who is not a party or intervenor to the proceeding may make an oral statement at the public hearing or file a written statement at any time during a proceeding within thirty (30) days after the close of the hearing. Evening hearings are reserved for members of the public to make oral statements. All statements are recorded and made into a written transcript that is part of the record. (General Statutes § 22a-120 (b))

Grouping of Parties and Intervenors

The Council, in its discretion, may provide for the grouping of parties and intervenors with same interests. If such a group does not designate an agent for the service of notice and documents, the Council shall designate such an agent, and notice and documents need be served only on the designated agent. Any party or intervenor who has been included in a group may, at any time by oral or written notice to the Council, elect not to be a member of the group to the extent specified in such notice. (General Statutes § 22a-120 (c))

Public Site Inspection

The Council conducts one or more public field reviews of the proposed hazardous waste facility sites to visually assess the site and surrounding land uses.

Public Hearing

The public hearing consists of a procedure which may include the following:

  • opening by the Chairman;
  • testimony by applicant and cross-examination by Council and parties and intervenors;
  • testimony by parties and intervenors and cross-examination by Council, applicant, parties, and intervenors;
  • public statements made during an evening session reserved for such statements; and
  • rebuttal by applicant.

Briefs, memorandums of law, and public statements are due within thirty (30) days of the close of the hearing.

Council Deliberations

  1. Draft Findings of Fact, Opinion, and Decision and Order are considered at publicly noticed meetings. The public may attend these meetings to observe Council deliberations. After the Council issues its draft Findings of Fact, parties and intervenors may identify errors or inconsistencies between the Council’s draft Findings of Fact and the record; however, no new information, evidence, argument, or reply briefs will be considered by the Council.
  2. Within 12 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 12 month limit may be extended 180 days by agreement by the Council and the applicant. If the Council fails to render a decision within such period, the applicant may apply to the Superior Court for the judicial district of Hartford-New Britain for an order requiring the Council to render a decision immediately. (General Statutes §§ 22a-119 (f) and 22a-122 (a); Regs., Conn. State Agencies § 22a-116-B-7 (a)(1))
  3. The Council shall have exclusive jurisdiction over the siting of hazardous waste facilities. In ruling on applications for Certificates for hazardous waste facilities, the Council shall give such consideration to other state laws and municipal ordinances and regulations as it shall deem appropriate. Whenever the Council issues a Certificate, such Certificate shall satisfy and be in lieu of all other certificates, licenses, permits, or approvals or other requirements of state or municipal agencies in regard to any question of public safety and necessity. (General Statutes § 22a-124 (a))
  4. A proposed hazardous waste facility may be regulated and restricted by any town, city, or burrough, pursuant to General Statutes Chapters 124 and 126 and by any municipality pursuant to General Statutes §§ 22a-42 and 22a- 42a. The applicant shall apply for any permits required by such agencies at the same time as the filing of the application with the Council. Such local bodies may make all decisions necessary to the exercise of such power to regulate and restrict, which decisions shall be made within 130 days of any application not withstanding any other statutes to the contrary and shall be in writing and recorded in the records of the respective communities, and written notice of any decision shall be given to each party affected thereby. Each such decision shall be subject to the right of appeal within 30 days after the giving of such notice by any party aggrieved to the Council, which shall have exclusive jurisdiction, in the course of any proceeding on an application for a Certificate or otherwise to affirm, modify, or revoke such order to make any decision in such substitution thereof by a vote of eight of the members of the Council. Appeal of a local zoning decision to the Council shall be in lieu of any other appeal authorized by the General Statutes. (General Statutes § 22a-124 (b))

This overview is designed to answer general questions and provide basic information. Reference should be made to the appropriate statutes and regulations for specific regulatory language. Asserting a person’s rights and privileges is his or her responsibility. Although it is not obligatory, it is a person’s prerogative to obtain legal counsel.



Content Last Modified on 2/14/2012 3:02:15 PM