General Assembly Raised Bill No. 5498
February Session, 2020 LCO No. 2579
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING A PILOT PROGRAM FOR LARGE-SCALE
BENEFICIAL REUSE OF CERTAIN SOIL PROJECTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
1 Section 1. Section 22a-209f of the general statutes is amended by
2 adding subsection (c) as follows (Effective October 1, 2020):
3 (NEW) (c) (1) For purposes of this subsection: (A) "Beneficially
4 reclaimed materials" means any of the following materials that may
5 contain de minimis amounts of solid waste that is present incidentally
6 in such materials, including any mixture of the following materials:
7 (i) Soil or dewatered sediment that does not exceed the criteria
8 established by regulations adopted pursuant to title 22a, including, but
9 not limited to, criteria for any additional polluting substances for which
10 criteria are not specified in such regulations;
11 (ii) Asphalt, brick, concrete or ceramic material, provided such
12 material is virtually inert and poses no threat to pollute any
13 groundwater or surface waters;
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14 (iii) Casting sand;
15 (iv) Crushed recycled glass; or
16 (v) Street sweepings or catch basin clean-out materials.
17 "Beneficially reclaimed materials" does not include materials that
18 contain any asbestos, polychlorinated biphenyls, persistent
19 bioaccumulative toxins or, unless approved by the commissioner in
20 writing, pyrrhotite-containing concrete;
21 (B) "Soil" means unconsolidated geologic material overlying bedrock;
22 (C) "Dewatered sediment" means unconsolidated material occurring
23 in a surface water body, with water removed;
24 (D) "Casting sand" means waste sand from the casting of metals,
25 provided the concentration of toxic materials in the sand is below the
26 level of hazardous waste under the federal Resource Conservation and
27 Recovery Act of 1976, as amended from time to time, and any
28 regulations promulgated to carry out said act; and
29 (E) "Crushed recycled glass" has the same meaning as provided in
30 section 22a-208z.
31 (2) The Commissioner of Energy and Environmental Protection may
32 authorize a pilot program for the beneficial use of beneficially reclaimed
33 materials at no more than four locations in the state. To be eligible for
34 authorization in accordance with this subsection locations shall require
35 no less than one hundred thousand cubic yards of beneficially reclaimed
36 materials in order to be effectively redeveloped, and either be (A)
37 located in an area where the quality of the groundwaters of the state, as
38 classified in regulations adopted pursuant to section 22a-426, and the
39 classification maps adopted pursuant to said section, is either "GB" or
40 "GC", or (B) in an area served by a public drinking water supply.
41 (3) Authorization for the use of beneficially reclaimed materials
42 pursuant to subdivision (2) of this subsection shall be issued by the
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43 commissioner based on the proposed redevelopment plan for the
44 location, which shall include engineering plans and drawings in
45 support of such redevelopment. An application for authorization
46 pursuant to this section shall be submitted on forms prescribed by the
47 commissioner and, in addition to the plan for redevelopment, shall
48 include, at a minimum, the following information: (A) A plan describing
49 acceptability criteria for the beneficially reclaimed materials proposed
50 for beneficial use at the subject location, (B) a plan describing the process
51 for placing and recording the placement of beneficially reclaimed
52 materials, (C) a plan for monitoring the waters of the state during the
53 filling process and for a period of not less than thirty years after filling
54 is complete, and (D) any additional information required by the
55 commissioner. The commissioner shall direct the applicant to pay a fee
56 at the time of application. Such fee shall be twenty-five thousand
57 dollars.
58 (4) Notwithstanding section 22a-208a or any regulations adopted
59 pursuant to section 22a-209, the issuance of an authorization under this
60 subsection, or a modification of an authorization under this subsection
61 when such modification is sought by the holder of an authorization,
62 shall conform to the following procedures: (A) The commissioner shall
63 publish a notice of intent to issue an authorization on the Department of
64 Energy and Environmental Protection's Internet web site. Such notice
65 shall, at a minimum, include: (i) The name and mailing address of the
66 applicant and the address of the location of the proposed activity; (ii)
67 the application number; (iii) the tentative decision regarding the
68 application; (iv) the type of authorization sought, including a reference
69 to the applicable statute or regulation; (v) a description of the location
70 of the proposed activity and any natural resources that will be affected
71 by such activity; (vi) the name, address and telephone number of any
72 agent of the applicant from whom interested persons may obtain copies
73 of the application; and (vii) the length of time available for submission
74 of public comments to the commissioner. There shall be a comment
75 period of thirty days following the publication of such notice by the
76 commissioner during which interested persons may submit written
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77 comments to the commissioner; (B) the commissioner shall post a
78 response to any comments received on the Department of Energy and
79 Environmental Protection's Internet web site; and (C) the commissioner
80 may approve or deny such authorization based upon a review of the
81 submitted information. Any authorization issued pursuant to this
82 section shall define clearly the activity covered by such authorization
83 and may include such conditions or requirements as the commissioner
84 deems appropriate, including, but not limited to, operation and
85 maintenance requirements, management practices, reporting
86 requirements and a specified term. Any person who beneficially uses
87 casting sand under this section shall provide certification, to the
88 satisfaction of the commissioner, that such sand is not hazardous.
89 (5) The commissioner may suspend or revoke such an authorization
90 and may modify an authorization if such modification is not sought by
91 the holder of an authorization, in accordance with the provisions of
92 section 4-182 and the applicable rules of practice adopted by the
93 department. The commissioner shall require the posting of a sufficient
94 performance bond or other security to assure compliance with any
95 authorization issued under this section including a closure plan
96 consistent with the process required pursuant to subsection (c) of
97 section 22a-208a.
98 (6) Notwithstanding any other provision of this subsection, prior to
99 the submission of an application for authorization in accordance with
100 this subsection, an applicant shall (A) complete the process required
101 pursuant to section 22a-20a, regardless of whether such location is
102 subject to the provisions of said section, and (B) have the written
103 approval of any another applicable regulatory board, commission or
104 agency.
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 22a-209f
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Statement of Purpose:
To provide a pilot program for the beneficial reuse of certain soils and
materials.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
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Statutes affected: Raised Bill: