Conn. Agencies Regs. § 22a-116-3 - Permits for hazardous waste facilities
(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.
(c)
Public hearing. The
commissioner shall hold a public hearing on an application, such hearing to
commence not sooner than thirty (30) days and no later than sixty (60) days
after his determination that an application is complete. Notice of hearing
shall be published no fewer than ten (10) days before the date set for the
hearing in a newspaper having general circulation in the town where the
facility is to be located.
(d)
Siting permit decision.
(1) The
commissioner shall consider all evidence offered at any public hearing, any
reports from local, state, and federal agencies, all relevant facts and
circumstances, and any additional requested information in making his tentative
determination on a siting permit application. Such a determination shall be
made by the commissioner within ninety (90) days of the close of the public
hearing. A tentative determination to issue a siting permit shall be published
by the commissioner in the Connecticut Law Journal within thirty (30) days of
such a decision.
(2) The
commissioner shall within thirty (30) days following the issuance of a
certificate of public safety and necessity by the Connecticut siting council,
render a final siting permit decision.
(e)
Denial of a siting permit. A
siting permit may be denied if the commissioner determines that:
(1) The engineering information and any other
information submitted by the applicant indicates that the hazardous waste
facility will not be constructed and operated in compliance with applicable
statutes or regulations; or
(2) The
facility is not consistent with all applicable regulations of the department of
environmental protection.
(f)
Minor amendment of siting
permits. The commissioner may amend a siting permit for changes in the
facility practices or equipment that would not in his judgment significantly
alter the nature of the facility or the impact on the environment.
(g)
Conditions applicable to the siting
permit. A siting permit shall be effective for a fixed term not to
exceed five (5) years. The commissioner may add such additional conditions to
any siting permit as he deems necessary based upon the circumstances of the
particular application.
(h)
Reapplication for and renewal of siting permits. The procedure for
obtaining a renewal of a siting permit is detailed in section 22a-7-4 of the
Administrative Regulations of Connecticut State Agencies except that the
commissioner may waive the one hundred twenty (120) calendar day requirement
for good cause shown.
(i)
Revocation or suspension. A siting permit may be revoked or
suspended for failure to comply with the terms of the permit or violation of
any applicable regulation or statute.
(j)
Transferability. The holder
of a siting permit may not transfer it without prior written permission of the
commissioner.
Notes
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No prior version found.