DEEP: Solid Waste Facility Fact Sheet

Solid Waste Facility

An Environmental Permitting Fact Sheet

Program Overview

This permit program, administered by the Bureau of Materials Management and Compliance Assurance, regulates a variety of activities related to solid waste disposal or waste processing activities (storage, transfer, volume reduction, recycling, incineration, etc.). DEEP uses both individual and general permits to regulate solid waste facilities. Individual permits are issued directly to an applicant, whereas general permits are permits issued to authorize similar minor activities by one or more applicants. Authorization of an activity under a general permit is governed by that general permit. Since the general permit process may be quicker and less costly, check the List of General Permits fact sheet (DEP-FS-004) to determine whether any of your activities may be eligible for authorization under a general permit before applying for an individual permit.

In reviewing a permit application, the Waste Engineering and Enforcement Division ensures that all proposed solid waste facilities provide for proper planning, design, construction, operation, monitoring, closure and post-closure maintenance so that health and safety are safeguarded and the environment is protected.

Authorizing Statutes

Chapters 446d and 446k of the Connecticut General Statutes (CGS)

Regulations

Sections 22a-208a-1 and 22a-209-1 through 22a-209-17 of the Regulations of Connecticut State Agencies (RCSA)

Who Must Apply

Any person proposing to construct, alter or operate a solid waste facility must obtain a permit. Regulated activities include, without limitation:

  • consolidating or transferring solid waste

  • consolidating or transferring waste suitable for recycling

  • incinerating waste for volume reduction and resources recovery purposes

  • processing waste for volume reduction purposes (greater than one ton per hour)

  • waste composting activities

  • storage/landfilling of solid waste including residue

  • biomedical waste processing, consolidation or transfer

  • consolidating or transferring household hazardous waste

  • intermediate processing of solid wastes

Transfer

A permit may not be transferred without prior written approval from DEEP. To request a permit transfer, a License Transfer Form (DEP-APP-006) must be submitted, with all required supporting documents, within thirty days of the proposed transfer.

Required Application Documents

Permit Application for Construction and Operation of a Solid Waste Facility (DEP-SW-APP-100), including supporting documentation such as site plans, USGS topographic quadrangle map (8 ˝" x 11" copy or original), applicant/owner/ operator information, ownership documents, and control and use agreements; Permit Application Transmittal Form (DEP-APP-001); Applicant Compliance Information (DEP-APP-002).

Fees

The application fees are specific to the permitted activity and are set forth in RCSA Section 22a-208a-1. The application fees range from $1,375.00 for a minor amendment to an existing landfill permit to $138,250.00 for a new resources recovery facility permit.

Review and Processing

Upon receipt of the application package, the application fee and the certified copy of the Notice of Application, a preliminary review of the application is conducted for sufficiency and general consistency with applicable standards and criteria. A detailed technical review is then conducted to determine compliance with the Solid Waste Management Regulations, consistency with the Solid Waste Management Plan, the extent of any potential adverse impacts to the environment, and where required by statute, a determination of need. Upon completion of this technical review, a tentative determination to grant or deny the permit application will be made by the Commissioner. A Notice of Tentative Determination will be published in a newspaper having substantial circulation in the affected area and public comments will be solicited on the tentative determination. In some cases, a public hearing may be held. After completion of the technical review and consideration of any public comments, and subsequent to the close of any hearing, DEEP will issue a final decision on the permit application.

Unique Processing Features

Each application is subject to review by DEEP's Waste Engineering and Enforcement Division to determine the facility's consistency with the State Solid Waste Management Plan. In addition, pursuant to CGS Section 22a-208d, a written determination of need is required for a resources recovery facility, a mixed municipal solid waste facility composting facility, ash residue disposal area, or mixed municipal solid waste disposal area. If the project has the potential to impact any endangered or threatened species, or species of special concern, or their essential habitats, the application will require additional review by the Natural Diversity Data Base Staff.

Public Participation

The applicant is responsible for publishing a Notice of Application when the application is submitted to DEEP. Once this notice is published, the applicant must send a copy of the notice to the Chief Elected Official of the municipality in which the regulated activity is proposed, within five (5) business days of the date on which the subject application is filed with the DEEP, and send an affidavit of publication from the newspaper and a completed  Certification of Notice Form – Notice of Application (DEP-APP-005A), to DEEP. After the technical review, a second public notice stating DEEP's tentative determination to grant or deny the permit is published by the Commissioner. There is a thirty day comment period following publication of the Notice of Tentative Determination. DEEP may hold a public hearing on the application, however it must hold a public hearing for any new application involving a landfill. A public hearing must also be held if a petition containing more than twenty-five signatures is submitted to DEEP requesting a public hearing for any type of solid waste facility. DEEP may require an applicant to post a sign on the site or to provide any other reasonable form of notice necessary to apprise the public and abutting landowners of the proposed activity.

Environmental Justice Public Participation
Public Act 08-94, along with the Department’s existing Environmental Justice Policy, requires applicants seeking a permit for a new or expanded "applicable facility" that is proposed to be located in an "environmental justice community," to file an Environmental Justice Public Participation Plan with and receive approval from the Department prior
to filing any application for such permit. Refer to www.ct.gov/deep/environmentaljustice for the definitions of "applicable facility" and "environmental justice community" and guidance to comply with Public Act 08-94 and the Environmental Justice Policy. 

Average Processing Time

For this permit program, processing time for a typical application for a new facility or a modification to a facility, based upon recent experience is greater than 180 days.  For renewal applications and minor amendments, processing time, based upon recent experience, is less than 180 days. Past performance is not a guarantee of future processing timeframes.  In order to increase the efficiency of application processing, we recommend that you utilize the Department's Pre-Application Guidance process, assure that your application package is properly completed at the time of submittal, and that you promptly reply to any requests for information.

Permit Duration

Solid Waste Processing Facilities: 5 years

Solid Waste Landfills: duration based on capacity; permits generally provide that the permittee must also comply with maintenance and monitoring requirements for a thirty year post closure period

Contact Information

BUREAU OF MATERIALS MANAGEMENT AND COMPLIANCE ASSURANCE
DEPARTMENT OF ENVIRONMENTAL PROTECTION
79 ELM STREET
HARTFORD, CT 06106-5127

860-424-3366

This overview is designed to answer general questions and provide basic information. You should refer to the appropriate statutes and regulations for the specific regulatory language of the different permit programs. This document should not be relied upon to determine whether or not an environmental permit is required. It is your responsibility to obtain and comply with all required permits.

Fact Sheet DEEP-SW-FS-100
Content Last Updated June, 2013

Users Guide to Environmental Permits