Connecticut Department of Energy & Environmental Protection

Declaratory Rulings

Pending Petitions   |  Declaratory Rulings

Pending Petitions

January 25, 2024 – Declaratory ruling initiated on the motion of the Commissioner of Energy and Environmental Protection regarding the required cleanup standard required by Partial Consent Order COWSPCB 15-001 issued to the United Illuminating Company concerning the former English Station power generating facility in New Haven.

Declaratory Rulings: Petitions and Rulings

February 21, 2023 – Petition ofRanald K. and Robin L. Nicholas’ for a declaratory ruling that SR Litchfield, LLC be required to obtain an individual permit – rather than the General Permit for the Discharge of Stormwater and Dewatering Wastewaters from Constriction Activities – for a grid scale solar power installation at Town Farm Road, Torrington. 

June 16, 2022 – ReEnergy Holding's Petition for a Declaratory Ruling Regarding the Applicability of the Section 16-245a(g) Statutory Exemption from the Reduction in Value of Renewable Energy Certificates Generated by Biomass Facilities.

June 16, 2022 – Plainfield Renewable Energy, LLC's Petition for a Declaratory Ruling Regarding the Applicability of the Section 16-245a(g) Statutory Exemption from the Reduction in Value of Renewable Energy Certificates Generated by Biomass Facilities.

August 10, 2021 – Petition for declaratory rulings from the Department of Energy and Environmental Protection (DEEP). Petitioner Dorothy A Smulley alleges the Department of Transportation (DOT) and town of Stratford (Stratford town), Connecticut violated the Environmental Policy Act, General Statute § 22a-1 et seq.

May 3, 2021 – Verified petition of Ronald L. Bridge for declaratory ruling, motion to intervene in permit and registration proceedings pursuant to Conn. Gen. Stat. § 22a-19, and comments on Grillo Construction Stormwater General Permit (SWGP) registration.

April 26, 2021 – Notice of petition for declaratory rulings being submitted on behalf of Allco Renewable Energy Limited and Windham Solar LLC related to NTE Connecticut LLC, Application for Discharge 201615592.

April 6, 2021 – Notice of petition, affidavit of service and petition for declaratory rulings for review and revocation of permit no. 089-0107 being submitted on behalf of Allco Renewable Energy Limited and Windham Solar LLC (Allco) related to NTE Connecticut LLC, Application for Stationary Sources of Air Pollution Permit No. 089-0107.

April 1, 2021 – Notice of petition, affidavit of service and petition for declaratory ruling being submitted on behalf of Jefferson Solar LLC related to the 2020 Shared Clean Energy Facilities request for proposals.

March 29, 2021 – Decision declining to issue a declaratory ruling in response to a Petition for Declaratory Ruling submitted by Allco Renewable Energy Limited and Windham Solar LLC (Allco) related to NRG Middletown Repowering LLC (NRG), Application Nos.: 201904165, 201904166, Middletown, CT.

March 14, 2019 – Ruling on January 15, 2019 petition of the Town of New Milford that the Commissioner require Candlewood Solar, LLC to obtain an individual water discharge permit and that the Commissioner extend the public comment period concerning the general permit registration of Candlewood Solar.

June 27, 2017– Ruling on December 15, 2016 petition of Antea USA Inc. regarding certain criteria and analytical methods under the Remediation Standard Regulations (RSRs). 

May 16, 2017– Ruling on November 18, 2016 petition of Peter C. White requesting that the Commissioner find no jurisdiction to review and act on a wetlands permit application. 

March 8, 2016 – Ruling on January 8, 2016 petition of Town of Middlebury requesting that the Commissioner reverse the November 30, 2015 decision to issue a new source review permit under CGS sec. 22a-174 to CPV Towantic LLC.

March 4, 2016 – Letter denying December 31, 2015 petition of Jonathan Kallman, Stephen M. Zide, the 8 Indian Drive Nominee Real Estate Trust, and John Shaw for a Declaratory Ruling.
December 28, 2015 - Ruling on June 29, 2015 petition of Elsie Patton requesting the Commissioner to invalidate the definition of the term “engineered control” adopted at section 22a-133k-1(16) of the Regulations of State Agencies as part of amendments to the Remediation Standard Regulations with an effective date of June 27, 2013.

April 2, 2015 – Ruling on October 6, 2014 petition of Connecticut Coalition Against Millstone and Nancy Burton as to Whether a Notification of Process Modification Sent by Dominion Nuclear Connecticut, Inc. on July 30, 2013 Should Have Been Considered a Modification of NPDES PERMIT CT 0003263.

March 19, 2010 – Ruling on September 2, 2009 petition for Declaratory Ruling Regarding Water Diversion Permit Applications for Tilcon Connecticut, Inc.’s Plainfield, Wallingford, Montville, North Branford, and Griswold Facilities.
March 20, 2000 – Ruling on August 29, 2008 petition of Thomas and Gail Lane for a Declaratory Ruling as to Whether the Office of Long Island Sound Programs Erred in Denying an Application for Certificate of Permission for Certain Structures on the Petitioner's Property and for Issuing a Notice of Violation for Such Structures
April 28, 2008 – Ruling on November 1, 2007 petition of Stuart Bell for A Declaratory Ruling as to the Department's Policy Prohibiting Consideration of Dredging in Connection with Applications Under the Structures, Dredging and Fill Act for Residential Coastal Properties

Content last updated January, 2024