MacDermid, Inc. v. Department of Environmental Protection

778 A.2d 7, 257 Conn. 128, 53 ERC (BNA) 1305, 2001 Conn. LEXIS 312
CourtSupreme Court of Connecticut
DecidedJuly 31, 2001
DocketSC 16441
StatusPublished
Cited by85 cases

This text of 778 A.2d 7 (MacDermid, Inc. v. Department of Environmental Protection) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MacDermid, Inc. v. Department of Environmental Protection, 778 A.2d 7, 257 Conn. 128, 53 ERC (BNA) 1305, 2001 Conn. LEXIS 312 (Colo. 2001).

Opinion

Opinion

ZARELLA, J.

The plaintiff, MacDermid, Inc., sought a declaratory ruling from the commissioner of environmental protection (commissioner) that one of the plaintiffs chemical products is exempt from regulation under Connecticut’s hazardous waste laws and regulations. The commissioner issued a ruling pursuant to [130]*130General Statutes § 4-176 (e),1 in which he concluded that the chemical was not exempt from regulation as a hazardous waste. Thereafter, the plaintiff appealed to the Superior Court pursuant to General Statutes § 4-183.2 The trial court dismissed that appeal, and the plaintiff appealed to the Appellate Court from the trial court’s judgment. This court transferred the appeal to itself pursuant to General Statutes § 51-199 (c) andPractice Book § 65-1. We affirm the judgment of the trial court.

The following facts are undisputed. The plaintiff sells a chemical under the trade name Ultra Etch, which is used to dissolve excess copper from printed circuit boards. During use, the etchant is contaminated with copper salts that eventually render the etchant unusable, or spent. The circuit board manufacturers that purchase Ultra Etch are contractually required to return the spent etchant to the plaintiff, which stores and processes it. Additional facts will be set forth as needed.

On appeal, the plaintiff claims that the trial court improperly: (1) applied the standard of review; (2) upheld the commissioner’s ruling that the spent etchant is a hazardous waste; and (3) upheld the commissioner’s ruling that the spent etchant is subject to regulation [131]*131under General Statutes § 22a-454.3 We disagree and affirm the judgment of the trial court.

We begin with a brief overview of the regulatory framework governing hazardous waste. Under federal law, the Resource Conservation and Recovery Act of 1976 (act), 42 U.S.C. § 6901 et seq., establishes a regulatory program to manage the treatment, transport and storage of hazardous waste from its generation to final disposal. Environmental Defense Fund v. Environmental Protection Agency, 210 F.3d 396, 397 (D.C. Cir. 2000); see 42 U.S.C. § 6902 (a) (8) (1994). The primary purpose of the act “is to reduce the generation of hazardous waste and to ensure the proper treatment, storage, and disposal of that waste ... so as to minimize the present and future threat to human health and the environment.” (Internal quotation marks omitted.) Meghrig v. KFC Western, Inc., 516 U.S. 479, 483, 116 S. Ct. 1251, 134 L. Ed. 2d 121 (1996), quoting 42 U.S.C. § 6902 (b) (1994).

The act requires the federal Environmental Protection Agency (agency) to promulgate regulations that identify the characteristics of hazardous waste and identify solid wastes that are hazardous. See 42 U.S.C. § 6921 (b) (1994). While the agency regulations establish [132]*132minimum requirements for the management of hazardous waste; United States v. Marine Shale Processors, 81 F.3d 1361, 1367 (5th Cir. 1996); Congress has authorized the states to establish their own regulations, which may be more stringent than those established by the agency. 42 U.S.C. § 6929 (b) (1994).4 The agency generally does not enforce the federal standards in states that have authorized regulatory programs that are no less stringent than the agency regulations. See 42 U.S.C. § 6926 (d) (1994).

Connecticut has a hazardous waste program that is authorized by the agency. See generally Connecticut; Final Authorization of State Hazardous Waste Management Program, 55 Fed. Reg. 51,707, 51,707-13 (December 17,1990). Section 22a-449 (c) of the General Statutes authorizes the commissioner to establish and enforce regulations to carry out the intent of subtitle C of the act; 42 U.S.C. § 6921 et seq.; and, in 1990, the commissioner established such regulations. See Regs., Conn. State Agencies §§ 22a-449 (c)-100 through 22a-449 (c)-110. Those regulations incorporate by reference portions of the agency regulations without substantial change.5 See generally id., § 22a-449 (c)-101 (a).

Hazardous waste also is regulated in this state pursuant to General Statutes § 22a-454, which exists apart from the state regulations promulgated pursuant to sub[133]*133title C of the act. Section 22a-454 requires persons who “engage in the business of collecting, storing or treating . . . chemical liquids or hazardous wastes ... [or who] dispose of . . . chemical liquids or waste solid, liquid or gaseous products or hazardous wastes” to obtain a permit from the commissioner. General Statutes § 22a-454 (a). The department of environmental protection refers to materials regulated under § 22a-454 as “Connecticut Regulated Wastes.”

The plaintiff obtained two permits in 1994: (1) a hazardous waste permit issued pursuant to § 22a-449 (c) authorizing the plaintiff to store spent etchant before it is recycled; and (2) a permit issued pursuant to § 22a-454 regulating the recycling process. In 1997, the plaintiff petitioned the commissioner to issue a declaratory ruling that the plaintiffs spent etchant is not a solid waste that is subject to regulation under Connecticut’s hazardous waste management regulations. The plaintiff also sought a declaratoiy ruling that its spent etchant is exempt from regulation under § 22a-454.6

[134]*134Hazardous waste is defined as solid waste that is not otherwise excluded from regulation as a hazardous waste and that exhibits any one of the following characteristics: ignitability, corrosivity, reactivity or toxicity. See 40 C.F.R. §§ 261.3, 261.20 through 261.24 (2000).7 The plaintiff does not dispute that its spent etchant exhibits a characteristic of hazardous waste; rather, the plaintiff argues that its spent etchant is not a solid waste.

A solid waste is defined as any “discarded material”; id., § 261.2 (a) (1); and discarded material, in turn, is defined as any material that is “abandoned,” “recycled” or “inherently waste-like.” Id., § 261.2 (a) (2) (i) through (iii).

A material is recycled if it is “used, reused, or reclaimed.” Id., § 261.1 (c) (7). Whether a material is a solid waste when it is recycled requires an examination of: (1) the substance or material; and (2) the manner in which that material is recycled.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Fagan v. City of Stamford
180 A.3d 1 (Connecticut Appellate Court, 2018)
Miller v. Dept. of Agriculture
145 A.3d 393 (Connecticut Appellate Court, 2016)
Palomba-Bourke v. Commissioner of Social Services
Supreme Court of Connecticut, 2014
Sarrazin v. Coastal, Inc.
Supreme Court of Connecticut, 2014
Tuxis Ohr's Fuel, Inc. v. Administrator, Unemployment Compensation Act
16 A.3d 777 (Connecticut Appellate Court, 2011)
Department of Public Safety v. Freedom of Information Commission
6 A.3d 763 (Supreme Court of Connecticut, 2010)
Wheeling-Pittsburgh Steel Corp. v. Department of Environmental Protection
979 A.2d 931 (Commonwealth Court of Pennsylvania, 2009)
Longley v. State Employees Retirement Commission
931 A.2d 890 (Supreme Court of Connecticut, 2007)
Wheelabrator Lisbon, Inc. v. Department of Public Utility Control
931 A.2d 159 (Supreme Court of Connecticut, 2007)
Longley v. State Employees Retirement Commission
887 A.2d 904 (Connecticut Appellate Court, 2005)
Sengchanthong v. Commissioner of Motor Vehicles
885 A.2d 218 (Connecticut Appellate Court, 2005)
Parkhurst v. Wilson-Coker
848 A.2d 515 (Connecticut Appellate Court, 2004)
Kelo v. City of New London
843 A.2d 500 (Supreme Court of Connecticut, 2004)
Arcano v. Board of Education
841 A.2d 742 (Connecticut Appellate Court, 2004)
Evans v. Department of Social Services
838 A.2d 250 (Connecticut Appellate Court, 2004)
Charette v. City of Waterbury
834 A.2d 759 (Connecticut Appellate Court, 2003)
Connecticut Light & Power Co. v. Department of Public Utility Control
830 A.2d 1121 (Supreme Court of Connecticut, 2003)
Webster Bank v. Oakley
830 A.2d 139 (Supreme Court of Connecticut, 2003)
Rudy's Limousine Service, Inc. v. Department of Transportation
826 A.2d 1161 (Connecticut Appellate Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
778 A.2d 7, 257 Conn. 128, 53 ERC (BNA) 1305, 2001 Conn. LEXIS 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macdermid-inc-v-department-of-environmental-protection-conn-2001.