Conn. Agencies Regs. § 16-50j-57 - Exemptions
(a)
Exemptions. A facility or
any modification to a facility that the Council, or its designee, has
determined satisfies the criteria of this section shall be deemed not to have a
substantial adverse environmental effect and shall not require a certificate
pursuant to Section
16-50k
of the Connecticut General Statutes. Facilities or modifications to facilities,
including, but not limited to, installation or change-out of circuit breakers,
disconnects, transformers, buses and appurtenant equipment, upon Council
acknowledgment or acknowledgment of its designee, may qualify for such
exemption.
(1) An energy component and
associated equipment installed adjacent to a damaged or inoperable existing
energy component and associated equipment in order to maintain continuity of
service shall not constitute a facility provided that:
(A) such energy component and associated
equipment shall be removed at the earliest practicable time but in no event
later than one year after installation, unless otherwise approved by the
Council or unless exempt under subsection (b) of this section, in which event
the existing damaged or inoperable energy component and associated equipment
shall be removed no later than one year after installation of the new energy
component and associated equipment;
(B) the owner or operator of such energy
component and associated equipment shall give the property owner of record, if
the property owner of record is different from the owner or operator of such
component and associated equipment, and the chief elected official of the
municipality in which the energy component and associated equipment is located,
written notice of the installation or proposed installation of such energy
component and associated equipment. The owner or operator of such energy
component and associated equipment shall provide the Council with written proof
of service of the written notice to the property owner of record, if the
property owner of record is different from the owner or operator of such
component and associated equipment, and the municipality in which the energy
component and associated equipment is located. Notice to all parties shall
include the following:
(i) the location of
such energy component and associated equipment,
(ii) the reason for the installation,
and
(iii) the estimated time such
energy component and associated equipment will remain in place;
(C) the notice shall be given at
the earliest practicable time but not later than 48 hours after the
installation of such energy component and associated equipment; and
(D) the owner or operator of such energy
component and associated equipment shall restore the site to its original
condition as nearly as practical, subject to such other conditions as ordered
by the Council, or its designee.
(b) None of the following shall constitute a
modification to an existing energy facility that may have a substantial adverse
environmental effect:
(1) Routine general
maintenance and one-for-one replacement of facility components that are
necessary for reliable operation;
(2) Changes on an existing site that do not:
(A) extend the boundaries of the site beyond
the existing fenced compound;
(B)
increase the height of existing associated equipment;
(C) increase noise levels at the site
boundary by 6 decibels or more, or to levels that exceed state and local
criteria;
(D) manage electric and
magnetic field levels at the site boundary in a manner that is inconsistent
with the Council's Best Management Practices for Electric and Magnetic Fields
at the site boundary;
(E) cause a
significant adverse change or alteration in the physical or environmental
characteristics of the site; or
(F)
impair the structural integrity of the facility, as determined in a
certification provided by a professional engineer licensed in Connecticut,
where applicable.
(c) Placement of energy components and
associated equipment, owned or operated by the state or a public service
company, as defined in Section
16-1 of
the Connecticut General Statutes, on any existing non-facility energy site,
shall not constitute a substantial adverse environmental effect when the
changes on the existing non-facility energy site:
(1) Have received an acknowledgment by the
Council that such placement of energy components and associated equipment would
not cause a significant change or alteration to the physical and environmental
characteristics of the site;
(2) Do
not extend the boundaries of the site by any dimension;
(3) Do not increase the height of existing
associated equipment;
(4) Do not
increase noise levels at the site boundary by 6 decibels or more, or to levels
that exceed state and local criteria;
(5) manage electric and magnetic field levels
at the site boundary in a manner that is consistent with the Council's Best
Management Practices for Electric and Magnetic Fields at the site boundary;
and
(6) Have received all municipal
zoning approvals and building permits, where applicable.
(d) The temporary use of energy components
and associated equipment shall not constitute a facility provided that:
(1) The temporary use is necessary to provide
emergency or essential energy service to areas of local disaster or events of
statewide significance.
(2) Any
provider of temporary energy service for an event of statewide significance
shall provide the Council for its approval 30-day advance written notice of the
development of such temporary service. The provider shall also provide the
property owner of record, if the property owner of record is different from the
provider, and the chief elected official of the affected municipality in which
the temporary energy components and associated equipment are to be located
30-day advance written notice prior to the installation. Such notice shall
state:
(A) the location of the temporary
energy components and associated equipment;
(B) a letter from the property owner of
record, if the property owner of record is different from the provider,
authorizing use of the property for the temporary service;
(C) the height of the temporary energy
components and associated equipment;
(D) the electric and magnetic field levels at
the site boundary of the temporary energy components and associated equipment
will be managed in a manner that is consistent with the Council's Best
Management Practices for Electric and Magnetic Fields;
(E) the noise levels of the temporary energy
components and associated equipment measured at the site boundary;
(F) the estimated time the temporary energy
components and associated equipment shall be on site and the hours of operation
for the temporary energy components and associated equipment; and
(G) the specific reasons for the
installation, including, but not limited to, the nature of the event.
(3) Any provider of temporary
energy service at an area of a local disaster shall provide to the chief
elected official of the affected municipality and the Council written notice
not later than 48 hours of the deployment stating:
(A) The location of the temporary energy
components and associated equipment;
(B) a letter from the property owner of
record, if the property owner of record is different from the provider,
authorizing use of the property for the temporary service;
(C) the height of the temporary energy
components and associated equipment;
(D) the electric and magnetic field levels at
the site boundary of the temporary energy components and associated equipment
will be managed in a manner that is consistent with the Council's Best
Management Practices for Electric and Magnetic Fields;
(E) the noise levels of the temporary energy
components and associated equipment measured at the site boundary;
(F) the estimated time the temporary energy
components and associated equipment shall be on site, the hours of operation of
the temporary energy components and associated equipment, and conditions that
would render the use of the temporary energy components and associated
equipment no longer necessary; and
(G) the nature of the emergency.
(4) In no event shall temporary
use of energy components and associated equipment exceed 30 days unless the
property owner of record, if the property owner of record is different from the
provider, and the Council grant approval for an extension.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.