(a) Any person may
apply for a permit to add a regulated activity to a facility where a registered
regulated activity occurs.
(b) The
Commissioner shall process permit applications for those regulated activities
specified in section
22a-354p(g)
of the Connecticut General Statutes. The municipal aquifer protection agency
shall process permit applications for all other regulated activities.
(c) An application for a permit shall be made
on a form prescribed by the Commissioner. Simultaneously with filing an
application, the applicant shall send a copy of the application to the
Commissioner or municipal aquifer protection agency, as appropriate, the
Commissioner of Public Health and the affected water company. An application
shall include the following information:
(1)
The information as required for a registration under section
22a-354i-7(c)
of the Regulations of Connecticut State Agencies shall be provided for the
proposed regulated activity;
(2) a
confirmation and commitment that all regulated activities at the facility
shall:
(A) be and remain in compliance with
section
22a-354i-9(a)
of the Regulations of Connecticut State Agencies,
(B) not increase the number of underground
storage tanks used for storage of hazardous materials, and
(C) be in and remain in compliance with all
local, state, and federal environmental laws;
(3) a materials management plan prepared in
accordance with section
22a-354i-9(a)(5)
of the Regulations of Connecticut State Agencies;
(4) a storm water management plan in
accordance with section
22a-354i-9(b)
of the Regulations of Connecticut State Agencies;
(5) the following environmental compliance
information with respect to environmental violations which occurred at the
facility where the regulated activities are conducted, within the five years
immediately preceding the date of the application:
(A) any criminal conviction involving a
violation of any environmental protection law,
(B) any civil penalty imposed in any state or
federal judicial proceeding, or any penalty exceeding five thousand dollars
imposed in any administrative proceeding, and
(C) any judicial or administrative orders
issued regarding any such violation together with the dates, case or docket
numbers, or other information which identifies the proceeding. For any such
proceeding initiated by the state or federal government, the Commissioner, or
municipal aquifer protection agency as appropriate, may require submission of a
copy of any official document associated with the proceeding, the final
judgment or order;
(6)
for regulated activities specified in section
22a-354p(g)
of the Connecticut General Statutes, the compliance information required by
subdivision (5) of this subsection is in addition to any information that the
Commissioner may require pursuant to section
22a-6m
of the Connecticut General Statutes;
(7) any additional information deemed
necessary, by the Commissioner or municipal aquifer protection agency as
appropriate, regarding potential threats to the ground water and proposed
safeguards; and
(8) the following
certification signed by the applicant and the individual responsible for
preparing the application, after satisfying the statements set forth in the
certification:
"I have personally examined and am familiar with the
information submitted in this document and all attachments, and I certify,
based on reasonable investigation, including my inquiry of those individuals
responsible for obtaining the information, the submitted information is true,
accurate and complete to the best of my knowledge and belief. I understand that
any false statement made in the submitted information is punishable as a
criminal offense under section
53a-157b
of the Connecticut General Statutes and any other applicable law."
(d) A municipal aquifer
protection agency, the Commissioner, any affected water company or the
Commissioner of Public Health may, not later than sixty (60) days after
receiving a copy of an application for a permit under this section, submit to
the Commissioner or municipal aquifer protection agency, as appropriate,
written comments on such application. The Commissioner or municipal aquifer
protection agency, as appropriate, shall give due consideration to any such
comments, and shall provide a copy of the decision to the Commissioner or
municipal aquifer protection agency, as appropriate, the affected water company
and the Commissioner of Public Health.
(e) The Commissioner or municipal aquifer
protection agency, as appropriate, shall not issue a permit unless a complete
application has been received and the applicant demonstrates, to the
Commissioner's or municipal aquifer protection agency's satisfaction, as
appropriate, that all applicable requirements of this section have been
satisfied and all of the following standards and criteria have been met:
(1) The proposed regulated activity shall
take place at a facility where a registered regulated activity
occurs;
(2) the proposed regulated
activity shall not increase the number or storage capacity of underground
storage tanks used for hazardous materials except for the replacement of an
existing underground storage tank in accordance with section
22a-354i-9(a)(3)
of the Regulations of Connecticut State Agencies;
(3) the materials management plan and storm
water management plan have been satisfactorily prepared in accordance with
sections
22a-354i-9(a)(5)
and
22a-354i-9(b),
respectively, of the Regulations of Connecticut State Agencies;
(4) the applicant has submitted a
confirmation and commitment that all regulated activities shall be and remain
in compliance with all local, state and federal environmental laws in
accordance with subsection (c)(2)(C) of this section;
(5) the applicant's compliance record shall
not indicate (A) that any noncompliance resulted from indifference to or
disregard for the legal requirements, (B) an unwillingness or inability to
devote the resources necessary to comply and remain in compliance, or (C) that
instances of noncompliance have led to serious environmental harm, harm to
human health or safety, or a substantial risk of such harm;
(6) the proposed regulated activity shall be
conducted in accordance with section
22a-354i-9
of the Regulations of Connecticut State Agencies;
(7) the registered regulated activity is
being conducted in accordance with section
22a-354i-9
of the Regulations of Connecticut State Agencies; and
(8) the certification required under
subsection (c)(8) of this section has been signed by the applicant and the
individual responsible for preparing the application.
(f) The Commissioner or municipal aquifer
protection agency, as appropriate, may impose reasonable conditions or
limitations on any permit issued under this section to assure protection of the
ground water, including but not limited to the following:
(1) Best management practices in addition to
those set forth in section
22a-354i-9
of the Regulations of Connecticut State Agencies; and
(2) ground water monitoring.
(g) General provisions in the
issuance of all permits are as follows:
(1)
The Commissioner or municipal aquifer protection agency, as appropriate, has
relied in whole or in part on information provided by the applicant and if such
information subsequently proves to be false, deceptive, incomplete or
inaccurate, the permit may be modified, suspended or revoked;
(2) all permits issued by the Commissioner or
municipal aquifer protection agency, as appropriate, are subject to and do not
derogate any present or future rights or powers of the Commissioner, municipal
aquifer protection agency, or municipality, and convey no rights in real estate
or material nor any exclusive privileges, and are further subject to any and
all public and private rights and to any federal, state, and municipal laws or
regulations pertinent to the subject land or activity; and
(3) the permit shall expire ten (10) years
from the date of issuance of such permit by the Commissioner or municipal
aquifer protection agency, as appropriate.
(4) A person shall apply to the Commissioner
or municipal aquifer protection agency, as appropriate, to renew the permit on
a form prescribed by the Commissioner prior to expiration of such permit. Such
renewal shall be granted upon request by the Commissioner or municipal aquifer
protection agency, as appropriate, unless a substantial change in the permitted
activity has been made, or enforcement action with regard to the regulated
activity has been taken, in which case, a new permit application shall be
submitted and reviewed in accordance with the provisions of this section of the
Regulations of Connecticut State Agencies.
(h) A person may request a modification of a
permit from the Commissioner or municipal aquifer protection agency, as
appropriate. Such request shall be on a form prescribed by the Commissioner,
and shall include the facts and reasons supporting the request. The
Commissioner or municipal aquifer protection agency, as appropriate, may
require the applicant to submit a new application for a permit or renewal in
lieu of a modification request.
(i)
A person may apply to transfer the permit for a facility. Such application for
transfer shall be made to the Commissioner or municipal aquifer protection
agency, as appropriate.
(1) A permit for
regulated activities specified in section
22a-354p(g)
of the Connecticut General Statutes, may be transferred by the Commissioner.
Such transfer shall be executed in conformance with sections
22a-6o and
22a-6m
of the Connecticut General Statutes using a form prescribed by the
Commissioner.
(2) A permit for
regulated activities not specified in section
22a-354p(g)
of the Connecticut General Statutes may be transferred by the municipal aquifer
protection agency. Such transfer shall be executed using a form prescribed by
the Commissioner and submitted to the municipal aquifer protection
agency.