(a)
Permit
required. Any person, municipal authority or regional authority that
builds, establishes or alters a solid waste facility after July 1, 1971, must
obtain a permit pursuant to Section
22a-208
of the General Statutes unless excluded by Section
22a-209-3 of these
regulations. This permit shall consist of two parts: the permit to construct
and the permit to operate.
(b)
Permit to construct. The information required to be in an
application for a permit to construct shall depend upon the type of solid waste
facility proposed. Such information shall be outlined in these regulations and
further detailed in guidelines prepared by the Department. The information in
the application must be sufficient to demonstrate the ability of the facility
to comply with the requirements of these regulations. An application will not
be deemed complete until all information required by statutes or regulations or
otherwise requested by the Commissioner have been submitted in proper form.
(1) Application for each solid waste facility
permit to construct shall be made by the owner or operator of the facility on
forms furnished by the Commissioner and signed by the owner and, if the
applicant is the operator, the operator, and shall include but not be limited
to the following as the Commissioner deems necessary:
Information required by the Rules of Practice of the
Department; name and address of the operator, owner, and, if the operator or
owner is a business entity, the names and addresses of all parent and
subsidiary corporations, partners, corporate officers and directors,
stockholders holding more than fifty percent of the stock of the corporation; a
list of all solid waste facilities which each of the above persons are or have
been associated with and their positions and responsibilities; name and address
of the agent for service; facility location; type of facility; type of proposal
(e.g. new facility, expansion or other alteration); a list of other permits
required for the facility; an explanation of how the proposal relates to the
State Solid Waste Management Plan; information as to the financial stability of
the applicant; a commitment to post the proper surety if required by these
regulations; a copy of any lease, deed or other agreement regarding the
ownership, control or use of the facility; a list of any outstanding
administrative orders against the facility; a list of supporting materials
submitted with the application; and any other information which the
Commissioner deems necessary.
(2) A facility plan, including engineering
studies and proposals, shall accompany the application and be prepared by an
engineer licensed to practice in the State of Connecticut; shall contain
sufficient information to demonstrate an ability to comply with these
regulations; and shall include but not be limited to the following information
and supporting materials as the Commissioner deems necessary and as further
detailed in engineering guidelines provided by the Commissioner:
(A) For solid and special waste disposal
areas:
(i) a detailed area map at a scale and
contour interval approved by the Commissioner which shall depict the site and
surroundings within one-half mile, noting natural and artificial features and
land use; including but not limited to all structures and overhead and
underground utilities and a statement by each affected utility that the
proposed activity adequately protects these utilities in compliance with
applicable standards;
(ii) detailed
site maps at a scale and contour interval approved by the Commissioner
depicting all items specified in (A) (i) above and existing, site preparation,
and final grades, property boundaries, existing and proposed fill limits
including location of fill limit markers, soil boring and monitoring locations,
proposed structures on site, access and site roads, fencing, buffer zones and
screening;
(iii) cross sections
through the site, at a minimum of one parallel and one perpendicular to ground
water flow, depicting existing, site preparation and final grades and elevation
and flow direction of ground water, type and structure of bedrock and type and
location of soils;
(iv)
supplemental maps and plans not prepared as part of the engineering study but
used as reference materials for engineering and operational
interpretations;
(v) hydrogeologic
and geologic information including predictions of movement of and impact on
surface and ground water, including water supply wells, from existing and
proposed site activities, and the names and addresses of all landowners within
the area of potentially impacted ground waters, detailed soil boring logs;
details of monitor well construction and development, the method of testing and
testing results;
(vi) operational
plans suitable for field use by the operator including but not limited to
details of construction, sequence of fill, a list of the type and amount of
equipment and the number and responsibilities of staff, daily operations,
traffic flow, controls necessary to protect the public health, safety and
welfare, emergency procedures, communications equipment, regular maintenance
schedules, information to be recorded and recording procedures, and methods of
measuring waste, and monitoring parameters and schedule;
(vii) a discussion of expected site life and
post-closure use; and
(viii) any
other information which the Commissioner deems necessary.
(B) For transfer stations, resources recovery
facilities or other volume reduction plants, and biomedical waste treatment
facilities:
(i) all applicable information
required under Section
22a-209-4(b)
(2) (A) of these regulations;
(ii)
detailed drawings and specifications of site structures, all fixed and
transport equipment, methods of volume reduction and storage, and a discussion
of utility provision;
(iii)
approximate volume of each waste type to be handled, a list of types of
facility users and municipalities served, associated facilities for the
ultimate disposal of the wastes, residues, and recycled materials, and
contingency plans for periods of shut down or breakdown;
(iv) a copy of all facility operation and
maintenance manuals, and a discussion of: OSHA requirements and how these
requirements will be met, materials and energy balance as appropriate, proposed
performance tests, system reliability and redundancy/backup system, operation
and maintenance budget; and
(v) any
other information which the Commissioner deems necessary.
(3) The Commissioner, at least
thirty days before approving or denying a permit application, shall, at the
applicant's expense, publish once in a newspaper having a substantial
circulation in the affected area notice of the application which shall include
but need not be limited to:
(1) the name of
the applicant,
(2) the location and
nature of the facility; and
(3) the
location where a copy of the application may be inspected. There shall be a
thirty day comment period following the public notice during which period
interested persons may submit written comments on the application. After the
comment period, the Commissioner may hold a public hearing prior to approving
or denying any application if in his or her discretion the public interest will
be best served thereby, and shall hold a hearing upon receipt of a petition
signed by at least twenty-five persons.
(4) The Commissioner shall consider all
evidence offered at any public hearing, any reports from local, state, and
federal agencies, all relevant facts and circumstances including but not
limited to whether the proposed facility is consistent with the State Solid
Waste Management Plan, the Connecticut Solid and Hazardous Waste Land Disposal
Siting Policy and the Connecticut Water Quality Standards, and any additional
requested information in making his or her determination on an application for
a permit to construct. The Commissioner shall, at the applicant's expense,
publish notice of a decision approving or denying the permit in a newspaper
having general circulation in the municipality or municipalities where the
facility is or was to be located.
(5) Conditional approvals. The Commissioner
may impose any reasonable conditions upon a permit to construct.
(c)
Permit to
operate. After the effective date of these regulations, any person who
operates or causes the operation of a solid waste facility must obtain a permit
to operate from the Commissioner.
(1) All
operating facilities which have a valid permit to construct as of the effective
date of these regulations shall be issued a permit to operate and shall be
allowed to continue operations prior to the issuance of such permit to
operate.
(2) A permit to operate
shall be issued to any new, existing or altered facility other than those
specified in 22a-209-4 (c) (1), and shall be reinstated if revoked or
suspended, upon a determination by the Commissioner that the facility has been
constructed in accordance with the terms and conditions of the facility permit
to construct and that the facility and its proposed methods of operation and
maintenance are in compliance with applicable statutes and
regulations.
(3) The Commissioner
may impose any reasonable conditions upon a permit to operate.
(4) In circumstances where the Commissioner
determines that performance tests must be conducted during actual operations,
he or she may issue a temporary permit to operate for a period not to exceed
sixty (60) days. For good cause shown, the Commissioner may extend the term of
a temporary permit to operate for a specified period.
(d)
Issuance of a permit to construct
or to operate.
(1) The Commissioner
shall issue a permit to construct or to operate upon receipt of satisfactory
evidence from the applicant that:
(A) the
solid waste facility will be constructed and operated in compliance with
applicable statutes and regulations;
(B) the operation of the facility is
consistent with the State Solid Waste Management Plan if required by statute,
including but not limited to Sections
7-273bb,
22a-211 and
22a-260
through
22a-281 of the General
Statutes, as amended;
(C) if the
application regards an existing facility, the present construction and
operation of that facility is in full compliance with pertinent statutes,
regulations, orders and existing permit terms and conditions; and
(D) the owner or operator of the facility or,
if the owner or operator is a business entity, a parent or subsidiary
corporation, partner, corporate officer or director, or stockholder holding
more than fifty percent of the stock of the corporation has not repeatedly
violated pertinent statutes, regulations, orders or permit terms or conditions
at any solid waste facility.
(2) In making a decision on a permit
application, the Commissioner shall consider all factors which he or she deems
relevant, including but not limited to whether the facility proposed is
consistent with the Solid and Hazardous Waste Land Disposal Siting Policy, the
Connecticut Water Quality Standards and the State Solid Waste Management
Plan.
(3) Notice of denial of a
permit to construct or to operate shall set forth the reasons for the action
taken.
(e)
Receipt
of permit. Any person who begins site preparation or construction of a
solid waste facility after receiving a permit to construct, and any person who
operates a solid waste facility after receiving a permit to construct and a
permit to operate shall immediately comply with the terms and conditions of the
permit(s).
(f)
Minor permit
amendments. The Commissioner may amend a permit to construct or to
operate, without hearing, for minor changes in the facility design, practices
or equipment that would not in his or her judgment significantly change the
nature of the facility or its impact on the environment.
(g)
Transferability. A permit to
construct or to operate may not be transferred without prior written permission
from the Commissioner. A request for permit transfer shall be made on a form
provided by the Commissioner and shall include but need not be limited to all
information required by subsection (b) (1) of this section, and proof of
certification of the proposed operator. The Commissioner shall approve a permit
transfer upon receipt of satisfactory evidence from the transferee that:
(1) the solid waste facility will be
constructed, if applicable, and operated in compliance with applicable statutes
and regulations;
(2) if the
application regards an existing facility, the present construction and
operation of that facility is in full compliance with pertinent statutes,
regulations, orders and existing permit terms and conditions or the transferee
makes a written commitment to bring the facility into compliance in accordance
with a schedule approved by the Commissioner; and
(3) the owner or operator of the facility or,
if the owner or operator is a business entity, a parent or subsidiary
corporation, a partner, corporate officer or director, stockholder holding more
than fifty percent of the stock of the corporation, has not repeatedly violated
pertinent statutes, regulations, orders, or permit terms or conditions at any
solid waste facility.
(h)
Revocation, suspension or
modification of a permit to construct or to operate.
(1) A permit to construct or to operate may
be revoked, suspended, or modified (A) for failure to comply with the terms of
the permit or with any applicable statute or regulation, (B) if the permit was
issued in reliance upon incorrect information supplied by the permittee or his
or her agent, or (C) if additional information becomes available which
indicates that the operation and management, or the engineering of the facility
as outlined in the original application and permit to construct is insufficient
to maintain the facility in compliance with applicable statutes and
regulations. Any permittee or his or her agent who acquires knowledge of such
incorrect or additional information must inform the Commissioner in writing of
the information within thirty (30) days.
(2) Notice of modification of a permit to
construct or to operate shall set forth the reasons for the action
taken.
(3) A permit to construct or
to operate may be revoked or suspended in accordance with Section
4-182
of the General Statutes and the Rules of Practice of the Department, as
amended.
(i)
Closure surety for solid or special waste disposal areas.
(1) The owner or operator of a privately
owned solid or special waste disposal area shall post a bond or other surety
with the Commissioner to cover the cost of properly closing the area at any
time required in accordance with these regulations and to cover the cost of
thirty (30) year post-closure gas and water monitoring if required. The
provisions of
40 CFR Sections
264.141 to
264.143
inclusive and
40 CFR Section
264.151, as they exist on the effective date
of these regulations, shall govern the posting and release of such a surety.
However, for the purposes of this section, the following changes are necessary:
(A) Several terms used in the federal
regulations shall be replaced as follows:
Term in Federal
Regulations
|
Replacement for this
Section
|
"hazardous waste"
|
"solid or special waste"
|
"RCRA permit"
|
"DEP permit"
|
"Regional Administrator"
|
"Commissioner"
|
"Environmental Protection Agency or
EPA"
|
"Department of Environmental Protection"
|
"EPA identification number"
|
"facility permit number"
|
(B)
The term "closure plan" in the federal regulations shall be defined as follows:
"closure plan" means the facility plan for design, construction, and operation,
including closure and post-closure maintenance and gas and water monitoring,
required by Section
22a-209-4(b)
(2) of these regulations.
(C) Any
reference in the federal regulations to the Resource Conservation and Recovery
Act or to a section of the federal regulations other than those incorporated
herein by reference shall be deemed a reference to Sections
22a-209-1 through
22a-209-13
of the Regulations of Connecticut State Agencies.
(D) Subsection (g) of
40 CFR Section
264.141 and the definitions of "post-closure
plan" and "current post-closure cost estimate" in the federal regulations shall
be omitted.
(E) In
40 CFR Section
264.143(h), the term
"region" shall be replaced by "municipality."
(2) The owner or operator of an existing
privately owned solid or special waste disposal area shall post the closure
surety with the Commissioner no later than sixty (60) days after the issuance
of the facility's permit to operate, and the owner or operator of a new
facility shall post such surety no later than sixty (60) days before he or she
begins to accept solid waste.
(j)
As-built plans. Within
ninety (90) days of completion of construction of a solid waste facility other
than a solid or special waste disposal area, the permittee shall submit to the
Department a complete set of as-built drawings of the facility. Such drawings
shall become part of the facility plan.