Connecticut Administrative Code
Title 22a - Environmental Protection
163f - Low-Level Radioactive Waste Management Facility Siting Regulations
Section 22a-163f-7 - Rendering a decision
Universal Citation: CT Reg of State Agencies 22a-163f-7
Current through March 14, 2024
(a) Requirements for written decision.
(1) Within one year of receiving an
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 one year limit may be
extended 180 days by agreement of the council and the applicant.
(2) The council shall include with its
decision an opinion stating 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 therefore.
(3) The
council shall include 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.
(4) The council shall include with its
decision the proportion of the quarterly assessment of the gross receipts that
shall be paid by the operator of the facility to the municipality in which the
facility is located and to the neighboring municipality most affected by the
facility.
(5) The council shall
include with its decision a pre-site selection property appraisal of fair
market value of all property within a two-mile radius of the
facility.
(6) The council shall
require that the applicant meet the financial responsibility requirements set
forth in Section 22a-163l of the Connecticut General Statutes,
and in these regulations including submission of a surety bond or other
security acceptable to the council in a form and an amount fixed by the council
sufficient to pay for the costs of closure and stabilization and postclosure
observation and maintenance as specified in regulations adopted by the
commissioner of the State Department of Environmental Protection. A trust fund
shall be established to be financed by yearly payments by the low-level
radioactive waste facility operator. The amount paid into the fund shall be
fixed by the council so that at the time of closure the fund shall be
sufficient to pay the costs of closure and stabilization and postclosure
observation and maintenance. The surety bond or other security may be reduced
each year by the amount paid into the trust fund. A trust fund shall be
established to pay the costs of monitoring and maintenance during the
institutional control period as specified in regulations adopted by the
commissioner of the State Department of Environmental Protection. The trust
fund is to be financed by yearly payments by the low-level radioactive waste
facility operator. The amount paid into the fund yearly shall be fixed by the
council so that at the start of the institutional control period the fund shall
be sufficient to pay the costs of monitoring and maintenance of the facility
during the institutional control period. In case of a proposed land disposal
facility, the applicant shall further provide a fund or other security for
liability for damage during the institutional control period. The amount of the
fund or other security and the manner of financing such fund shall be
determined by the council based on the type of facility, the location of the
facility, and the kind of waste processed by such facility, so that at the
beginning of the institutional control period, the fund or security shall be
sufficient to cover the anticipated liability for damages. In the case of a
proposed treatment or storage facility, the council may require a trust fund or
other security for postclosure liability for damages.
(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 185, and
title 22a, chapter 446a 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) Protection of the public and environment
from the risk and impact by accident during management or transportation of
low-level radioactive waste;
(ii)
Protection of the public and environment from the risk and impact by fires and
explosions from improper storage, treatment, or disposal methods;
(iii) Protection of the public and
environment from the risk and impact by exposure of persons to low-level
radioactive wastes and their degradation products during facility operation and
after its operational life;
(iv)
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 of environmental protection for
the environmental licenses, permits, or approvals necessary to construct and
operate the facility, and with existing and proposed development in the area
affected by the construction and operation of the facility;
(v) Protection of the public and environment
from adverse impacts including, but not limited to, adverse economic, health,
and environmental impacts by the facility during construction, operation, and
after its operational life;
(vi)
The protection of the public and environment from the risk and impact by the
proposed facility on public and private drinking water supplies and resources;
and
(vii) The protection of the
public and environment from the 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 affected by the construction and operation of
the proposed facility and the facility's proximity to residential
areas.
(C) The public benefits of
the proposed low-level radioactive waste management facility including, but not
limited to:
(i) The need for the managed
capacity provided by the facility;
(ii) The energy and resource recovery
benefits, if any, which would 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 low-level radioactive
waste which would otherwise be disposed of, treated, or managed in a less
environmentally suitable site or manner;
(v) Economic incentives and benefits which
would 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 would minimize the need to transport low-level
radioactive wastes long distances.
(E) Whether any other reasonably available
management method or site would better protect the public health or safety, or
the quality of the environment.
(F)
The applicant's and, if known, the operator's financial capabilities,
qualifications, and previous experience with low-level radioactive waste
management.
(G) Whether the
applicant has agreed to implement an environmentally-sound Development and
Management plan pursuant to Section
22a-163f-9
of these regulations.
(H) Whether
the applicant would comply with the minimum distances between active parts of
the facility and other land uses established pursuant to Section
22a-163l-1 of these regulations.
(2) The council may give such consideration
to other Connecticut 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 already have
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 explains:
(1) That there is a public
need for the facility;
(2) The
nature of the probable environmental impact of the facility, including but not
limited to impacts resulting from the construction or operation of the
facility, transportation to or management of wastes in, and closure and
stabilization, postclosure observation and maintenance, and institutional
control of the facility; and
(3)
Every significant single and cumulative adverse effect on and conflict with
state and regional policies on the subjects listed below and why such adverse
effects or conflicts are not sufficient for denial of the certificate:
(A) The natural environment;
(B) Public health, safety, and
welfare;
(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; and
(G) Land use consistency.
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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