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Connecticut Public Acts 1996

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Substitute Senate Bill No. 231

PUBLIC ACT NO. 96-103

AN ACT CONCERNING THE DISPOSAL OF CERTAIN BULKY WASTE AND SPECIAL WASTE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (a) As used in this section and section 2 of this act, (1) "construction and demolition waste" means waste building materials and packaging resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures, excluding asbestos, clean fill, as defined in regulations adopted under section 22a-209 of the general statutes, or solid waste containing greater than de minimis quantities, as determined by the commissioner of environmental protection, of (A) radioactive material regulated pursuant to section 22a-148 of the general statutes, (B) hazardous waste as defined in section 22a-115 of the general statutes, as amended, and (C) liquid and semiliquid materials, including, but not limited to, adhesives, paints, coatings, sealants, preservatives, strippers, cleaning agents, oils and tars; and (2) "processed construction and demolition wood" means the wood portion of construction and demolition waste which has been sorted to remove plastics, plaster, gypsum wallboard, asbestos, asphalt shingles, regulated wood fuel as defined in public act 95-128 and wood which contains creosote or to which pesticides have been applied or which contains substances defined as hazardous waste under section 22a-115 of the general statutes, as amended.

(b) Construction and demolition waste which does not constitute processed construction and demolition wood may be disposed of at (1) any solid waste disposal area for which a permit has been issued for the disposal of bulky waste or (2) a municipal solid waste landfill. Processed construction and demolition wood may be disposed of at a resources recovery facility in accordance with section 2 of this act or at a permitted municipal solid waste landfill or any solid waste disposal area for which a permit has been issued for the disposal of bulky waste.

(c) Furniture, mattresses and rugs or any such waste which has been crushed, chopped, shredded or otherwise processed may be disposed of at any solid waste disposal area for which a solid waste permit has been issued for the disposal of bulky waste, at a resources recovery facility or municipal solid waste landfill.

Sec. 2. (NEW) The person holding the permit for a resources recovery facility may submit to the Commissioner of Environmental Protection a plan for the acceptance and disposal of special waste or processed construction and demolition wood at such facility. For purposes of this section, "special waste" shall have the meaning provided in regulations adopted by said commissioner under chapter 446d of the general statutes. Such plan shall identify special waste or processed construction and demolition wood which can be subject to uniform procedures for screening, testing, acceptance, record keeping, handling and disposal and shall include the rate at which such waste shall be processed. The commissioner shall review any plan submitted according to this section and shall approve or deny such plan. If accepted, compliance with such plan may constitute the special waste authorization from said commissioner which would otherwise be required for waste which meets the criteria of the plan.

Sec. 3. Section 22a-209d of the general statutes is repealed and the following is substituted in lieu thereof:

The Commissioner of Environmental Protection may establish, by regulations adopted in accordance with the provisions of chapter 54, categories of materials which, if used in accordance with standards adopted by the commissioner to protect the environment and public health, shall not be considered solid waste under section 22a-207 or subject to a permit under this chapter or chapter 446k. ON OR BEFORE NOVEMBER 1, 1996, THE COMMISSIONER SHALL ADOPT SUCH REGULATIONS TO FACILITATE THE DISPOSAL OF SOLIDS WHICH ARE BY-PRODUCTS OF WATER TREATMENT PROCESSES WHICH REGULATIONS SHALL PROVIDE FOR THE APPROVAL OF USES FOR SUCH SOLIDS WITHOUT FURTHER REGULATION UNDER THIS CHAPTER. Notwithstanding the provisions of the regulations adopted under this section or section 22a-209, the Commissioner of Environmental Protection shall not prohibit the use of waste sand from the casting of metals as cover, road base, fill or other purposes at a solid waste disposal area permitted under section 22a-208a, provided the concentration of toxic materials in the sand is below the level of hazardous waste under the federal Resource Conservation and Recovery Act of 1976, as amended, and any regulations promulgated to carry out said act and further provided any person who disposes of such sand under this section shall provide certification, to the satisfaction of the Commissioner of Environmental Protection, that such sand is not hazardous.

Approved May 8, 1996. Effective October 1, 1996.

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