§ 22a-208d — Written determination of need for resources recovery facility, composting facility or ash residue disposal area.

(a) On and after July 1, 1989, the Commissioner of Energy and Environmental Protection shall not issue a permit under section 22a-208a to construct or expand a resources recovery facility where any mixed municipal solid waste will be processed or a disposal area for ash residue generated by resources recovery facilities or mixed municipal solid waste unless said commissioner makes a written determination that such facility or disposal area is necessary to meet the solid waste disposal needs of the state and will not result in substantial excess capacity of resources recovery facilities or disposal areas. (b) The commissioner shall publish, at the expense of the applicant, notice of the preliminary determination of need for the proposed facility or disposal area in a newspaper having a substantial circulation in the area affected. Publication shall be within sixty days of determination by the commissioner that the application is complete. Any person may submit written comments on the preliminary determination of need in the same manner as provided by the commissioner for the submission of comments on the application. The commissioner shall not make a final determination of need for the facility or disposal area unless a permit is issued. A preliminary determination of need shall be void if a permit is not issued. As used in this section, “preliminary determination of need” means a statement by the commissioner of the need for a resources recovery facility or disposal area during the pendency of an application to construct such facility or area. (c) (1) The applicant for a permit to construct or expand a resources recovery facility requiring a determination of need under subsection (a) of this section shall provide such information as the commissioner deems necessary, including but not limited to: (A) The design capacity of the proposed facility; (B) The planned operating rate and throughput for the facility; (C) An explanation of any difference between the information provided under subparagraphs (A) and (B) of this subdivision; (D) The estimated amount of the following: (i) The mixed municipal solid waste generated by and received from each municipality and other customers that will send waste to the facility, in tons per day evidenced by contracts or letters of intent, (ii) the mixed municipal solid waste to be recycled pursuant to regulations adopted by the commissioner under section 22a-241b , and (iii) change in the amount of mixed municipal solid waste generated because of population growth, waste generation, source reduction and industrial and commercial development over the design life of the facility. Information submitted under this subdivision shall include the methodology used to determine the estimates; (E) A contingency plan for use of facility capacity if throughput declines or increases by at least ten per cent from the throughput estimated in the application; (F) An analysis of reasonable levels of reserve capacity for seasonal peaks and unexpected facility outages; (G) The capability of the applicant to complete the project; (H) The technical feasibility of the proposed facility; and (I) A demonstration that the throughput capacity of the proposed facility, when combined with the throughput capacity of all other resources recovery facilities with permits to construct under the provisions of section 22a-208a and existing resources recovery facilities with construction permits to expand shall not exceed the total throughput capacity of resources recovery facilities needed to process waste generated in the state as set forth in the solid waste management plan adopted pursuant to section 22a-228 . (2) In making the determination required under this section, the commissioner shall consider the information submitted under subdivision (1) of this subsection, the current and anticipated availability of throughput capacity for mixed municipal solid waste at resources recovery facilities, land disposal areas, recycling facilities and other facilities that process or dispose of mixed municipal solid waste that have obtained all necessary permits to construct and any other information the commissioner deems pertinent and shall insure that no waste is accounted for more than once as a result of transfer from one vehicle or facility to another or for any other reason. (d) (1) The applicant for a permit to construct a disposal area for ash residue generated by resources recovery facilities or mixed municipal solid wastes which requires a certificate of need under subsection (a) of this section shall submit such information as the commissioner deems necessary, including but not limited to, (A) the name of the resources recovery facilities or municipalities to be served by the disposal area; (B) the transportation system needed to serve the disposal area; (C) the available capacity of other disposal areas for ash residue or mixed municipal solid waste in the state that have obtained all necessary permits to construct; and (D) the design capacity of the disposal area. (2) In making the determination required under this subsection, the commissioner shall consider the information submitted pursuant to subdivision (1) of this subsection and any other information the commissioner deems pertinent. (e) The provisions of this section shall apply to any application for a permit under section 22a-208a for a resources recovery facility, for a disposal area for ash residue generated by resources recovery facilities, or for a disposal area for mixed municipal solid wastes which is pending on or submitted after July 1, 1989. (f) This section shall not apply to an application for a permit or permit modifications of any resources recovery facility operating as of June 30, 1993, provided there is no expansion after that date of the facility's boilers or waste handling and processing equipment. Any such facility shall comply with all applicable environmental laws and regulations. Nothing in this subsection and no action taken by the commissioner pursuant hereto shall validate or invalidate any permit or determination of need issued or approved prior to June 30, 1993, for any resources recovery facility not operating as of that date, or otherwise affect any action of the commissioner, proceedings or judicial review relating thereto, pending on or commenced after that date. See Sec. 22a-207a for definitions of “composting”, “mixed municipal solid waste” and “mixed municipal solid waste composting facility”.

Legislative History

(P.A. 89-386, S. 4, 24; P.A. 91-293, S. 3, 9; P.A. 92-162, S. 21, 25; May Sp. Sess. P.A. 92-11, S. 47, 70; P.A. 93-372, S. 3, 4; P.A. 11-80, S. 1; P.A. 17-218, S. 9.) History: P.A. 91-293 applied provisions of section to mixed municipal waste composting facilities; P.A. 92-162 amended Subsec. (d) to add leachate control systems and cost of transportation of ash residue as considerations the commissioner must make under this section before making the determination of need; May Sp. Sess. 92-11 deleted provisions enacted by public act 92-162 except for substitution of “section” for “subsection” in Subdiv. (2); P.A. 93-372 added Subsec. (f) exempting certain facilities from the provisions of the section requiring a certificate of need to modify the facility, effective June 30, 1993; (Revisor's note: In 1999 the word “the” preceding the reference to June 30, 1993, in Subsec. (f) was deleted editorially by the Revisors to correct a clerical error); pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011; P.A. 17-218 amended Subsecs. (a) to (c) and Subsec. (e) by deleting references to mixed municipal solid waste composting facilities, and made technical changes, effective July 1, 2017. Cited. 233 C. 486; 234 C. 312.