General Assembly Raised Bill No. 5495
February Session, 2020 LCO No. 2676
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING THE MATERIALS INNOVATION AND
RECYCLING AUTHORITY'S SOLID WASTE DISPOSAL CONTRACTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
1 Section 1. Section 22a-213 of the general statutes is repealed and the
2 following is substituted in lieu thereof (Effective July 1, 2020):
3 (a) All contracts that have a term of one year or more or that are
4 renewable for one year or more and that are made after July 1, [1971]
5 2020, by any city, town, borough or regional authority with any person,
6 another municipality or regional authority to provide for processing,
7 storage or disposal outside of its boundaries of solid wastes generated
8 within its boundaries, shall be reviewed and have the written approval
9 of the commissioner as conforming to (1) recognized standards of public
10 health and safety, and (2) the state-wide solid waste management plan
11 adopted pursuant to section 22a-228 and as revised pursuant to section
12 22a-241a before [they] such contract can be implemented. The
13 municipality shall be responsible for [providing] submitting a copy of
14 [said] any proposed solid waste disposal contract to the commissioner.
15 In the event that the commissioner does not respond to a submitted
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Raised Bill No. 5495
16 request for such review not later than sixty days after such submission
17 by a city, town, borough or regional authority, such contract shall be
18 deemed disapproved.
19 (b) The commissioner shall not approve any such contract unless [he]
20 the commissioner finds that the facility to which the waste is to be
21 transported for processing, storage and disposal has been issued a solid
22 waste permit to operate the facility and has the necessary capacity to
23 accommodate the terms of the contract. The commissioner shall not
24 approve any contract upon a finding that such contract does not further
25 the state-wide solid waste management plan and if disposal or
26 treatment capacity exists in the state to accept and process the solid
27 waste capacity to be managed pursuant to such contract.
28 (c) All contracts made after June 6, 1990, by any municipality with the
29 operator of a solid waste facility shall be in writing.
30 (d) The provisions of this section shall not be construed to apply to
31 any contract between any city, town, borough or regional authority and
32 a resources recovery facility located in this state if such contract
33 provides for the redistribution of any surplus revenues to member
34 municipalities.
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2020 22a-213
Statement of Purpose:
To provide certain requirements for the approval of municipal solid
waste management contracts by the Commissioner of Energy and
Environmental Protection.
[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: