Connecticut Administrative Code
Title 22a - Environmental Protection
116-B - Hazardous Waste Management Facility Siting
Section 22a-116-B-7 - Rendering a decision
Universal Citation: CT Reg of State Agencies 22a-116-B-7
Current through March 14, 2024
(a) Requirements for written decision.
(1) Within twelve months of receipt of a
complete application, the Council shall render its decision upon the record by
an affirmative vote of not less than seven Council members either granting or
denying the application as filed, or granting it upon such terms, limitations,
or conditions as the Council may deem appropriate. The twelve month time limit
may be extended by 180 days by agreement of the Council and the
applicant.
(2) The Council shall
file, with its decision, an opinion stating in full the reasons for its
decision. The decision shall include a statement describing the items of
negotiation between the applicant and local project review committee which the
Council has accepted and incorporated into any approval and those negotiated
items it has rejected and the reasons therefor.
(3) The Council shall file, with its
decision, copies of the reports on negotiations filed by the applicant and the
local project review committee, and the record of any Council meeting held with
the applicant and committee.
(b) Considerations for decision.
(1) In making its decision to grant or deny a
certificate, the Council shall, consistent with applicable requirements of
Sections
4-166 to
4-185,
inclusive, of the Connecticut General Statutes, consider among other relevant
facts and circumstances, the following factors:
(A) The impact of the proposed facility on
the municipality and affected geographic area in which it is to be located in
terms of public health, safety, and welfare including, but not limited to:
(i) The protection of the public and the
environment from risk and impact of accident during transportation of hazardous
waste;
(ii) The protection of the
public and the environment from risk and impact of fires and explosions from
improper storage or disposal methods;
(iii) The protection of the public and the
environment from risk and impact of exposure of persons to hazardous wastes and
their degradation products during facility operation and after its operational
life;
(iv) The degree of
consistency of the proposed facility with local and regional land use plans and
regulations and the state conservation and development plan in effect at the
time the applicant applies to the commissioner for the environmental licenses,
permits or approvals necessary to construct and operate the facility, and with
existing and proposed development in the area;
(v) The protection of the public and the
environment from adverse impacts including but not limited to, adverse economic
and environmental impacts of the facility during construction and operation,
and after its operational life;
(vi) The protection of the public and the
environment from risk and impact by the proposed facility on public and private
drinking water supplies; and
(vii)
The protection of the public and the environment from risk and impact by the
proposed facility on scenic, historic and recreational areas; wetlands; flood
plains; wildlife areas; habitat for endangered species; and other
environmentally sensitive areas.
(B) The population density in the area of the
proposed facility and its proximity to residential areas.
(C) The public benefits of the proposed
hazardous waste facility including, but not limited to:
(i) The need for the additional disposal
capacity provided by the facility;
(ii) The energy and resource recovery
benefits, if any, which will be derived from the facility;
(iii) The economic benefit of the facility to
the state and its citizens;
(iv)
The capability of the proposed facility to accommodate hazardous wastes which
would otherwise be disposed of in a less environmentally suitable site or
manner;
(v) Economic incentives and
benefits which will accrue to the municipality in which the proposed facility
is to be located; and
(vi) Any
aspects of the proposed facility which would enhance environmental
quality.
(D) The extent
to which the location of the facility minimizes the need to transport hazardous
wastes long distances.
(E) The
extent to which any reasonably available alternative disposal method or site
minimizes detriment to the public health or safety, or the quality of the
environment.
(F) The applicant's
qualifications and previous experience with hazardous waste disposal, as well
as the applicant's financial capabilities.
(G) Whether the applicant has prepared, and
agreed to implement, an environmentally sound development and management plan
which includes all elements required by Section
22a-116 -B-9 of the
Regulations of Connecticut State Agencies.
(H) Whether the applicant complies with the
minimum distances between active parts of the facility and other land uses
established pursuant to Section
22a-122-1
of the Regulations of Connecticut State Agencies.
(2) The Council may give such consideration
to other state laws, municipal ordinances, and regulations as it shall deem
appropriate.
(3) In making its
decision as to whether or not to issue a certificate, the Council shall in no
way be limited by the fact that the applicant may have already acquired land or
an interest therein or any necessary permits, certificates, or orders for the
purpose of constructing the facility which is the subject of its
application.
(c) Findings required for the issuance of a certificate.
The Council shall not grant a certificate unless it finds and determines:
(1) That there is a public
need for the facility and explains the basis of such need.
(2) The nature of the probable environmental
impact of the facility, including but not limited to impacts due to the
construction, operation, transportation of wastes to, and closure and
post-closure provisions for the facility.
(3) In the case of a proposed land disposal
facility, that there is no other feasible alternative disposal method
available.
(4) Every significant
single and cumulative adverse effect on and conflict with state policies on the
subjects listed below and reasons why such adverse effects or conflicts are not
sufficient for denial of the certificate:
(A)
The natural environment;
(B) The
public health and safety;
(C)
Ecological balance;
(D) Scenic,
historic, and recreational values;
(E) Forests and parks;
(F) Air and water purity including impact on
present and future sources of water supply.
(5) That the applicant meets the financial
responsibility requirements set forth in Section
22a-122(d)
of the Connecticut General Statutes and in Sections
22a-116 -B-1 to
22a-116-B-11 of the Regulations of Connecticut State Agencies.
Disclaimer: These regulations may not be the most recent version. Connecticut may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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