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Substitute Senate Bill No. 263

PUBLIC ACT NO. 96-163

AN ACT CONCERNING VARIOUS SOLID WASTE PROGRAMS.

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

Section 1. Subsection (b) of section 22a-233 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) The account shall be used by the Commissioner of Environmental Protection to carry out the provisions of this section and sections 22a-193, 22a-208, 22a-237 and 22a-240a, AS AMENDED, including but not limited to, the following: (1) [Stack] POLLUTION PREVENTION, (2) STACK testing for dioxin and furan emissions, [(2)] (3) preoperational and postoperational testing for dioxin and furans in the ambient air, soil, surface waters and biota in the area of existing or proposed resources recovery facilities, [(3)] (4) residue testing, [(4)] (5) leachate testing for dioxins and furans at resources recovery residue disposal sites, [(5)] (6) inspection and enforcement, [(6)] (7) operator and inspector training, and [(7)] (8) staffing necessary to carry out such activities. Payments from the account shall be made by the treasurer upon authorization of the commissioner.

Sec. 2. Subsection (f) of section 22a-220 of the general statutes is repealed and the following is substituted in lieu thereof:

(f) On and after January 1, 1991, each municipality shall, consistent with the requirements of section 22a-241b, make provisions for the separation, collection, processing and marketing of items generated within its boundaries as solid waste and designated for recycling by the commissioner pursuant to subsection (a) of section 22a-241b. It shall be the goal to recycle twenty-five per cent of the solid waste generated in each municipality provided it shall be the goal to reduce the [volume] WEIGHT of such waste by January 1, 2000, by an additional fifteen per cent by source reduction as determined by reference to the state [municipal] solid waste MANAGEMENT plan established in 1991, or by recycling such additional percentage of waste generated, or both. The provisions of this subsection shall not be construed to require municipalities to enforce reduction in the [volume] QUANTITY of solid waste. On or before January 1, 1991, each municipality shall: (1) Adopt an ordinance or other enforceable legal instrument setting forth measures to assure the compliance of persons within its boundaries with the requirements of subsection (c) of section 22a-241b and to assure compliance of collectors with the requirements of subsection (a) of section 22a-220c, and (2) provide the Commissioner of Environmental Protection with the name, address and telephone number of a person to receive information and respond to questions regarding recycling from the department on behalf of the municipality. The municipality shall notify the commissioner within thirty days of its designation of a new representative to undertake such responsibilities. A municipality may by ordinance or other enforceable legal instrument provide for and require the separation and recycling of other items in addition to those designated pursuant to subsection (a) of section 22a-241b.

Sec. 3. Subsection (b) of section 4b-15 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Each such agency shall, on or before October 1, 1991, and annually thereafter, submit to the [Municipal Solid Waste Recycling Advisory Council] THE COMMISSIONER OF ENVIRONMENTAL PROTECTION and the joint standing committee of the General Assembly having cognizance of matters relating to the environment a report on implementation of the recycling plan. SUCH REPORT SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER AND SHALL PROVIDE SUCH INFORMATION THE COMMISSIONER DEEMS NECESSARY.

Sec. 4. Subsection (c) of section 22a-208e of the general statutes is repealed and the following is substituted in lieu thereof:

(c) The owner or operator of any recycling facility which receives for processing or sale the following items generated from within the boundaries of a Connecticut municipality: (1) Cardboard, (2) glass, food and beverage containers, (3) leaves, (4) metal food and beverage containers, (5) newspapers, (6) storage batteries, (7) waste oil, [and] (8) plastic food and beverage containers, AND (9) OFFICE PAPER, shall report for each such item the information specified in subsection (a) of this section in the manner set forth in said subsection. If a municipality or collector of recyclable items delivers any of the items listed in this subsection to a recycling facility which is not located in this state, such municipality or collector shall notify the commissioner of the name and address of the owner or operator of such facility and shall ensure, by contract, that such facility has notice of and complies with the reporting requirements of this section. AS USED IN THIS SECTION, "OFFICE PAPER" MEANS USED OR DISCARDED WHITE OR MANILA PAPER INCLUDING, BUT NOT LIMITED TO, PAPER UTILIZED FOR FILE FOLDERS, TAB CARDS, WRITING, TYPING, PRINTING, COMPUTER PRINTING AND PHOTO-COPYING, WHICH PAPER IS SUITABLE FOR RECYCLING, BUT DOES NOT MEAN OFFICE PAPER GENERATED BY HOUSEHOLDS.

Sec. 5. Section 22a-193 of the general statutes is repealed and the following is substituted in lieu thereof:

[The Commissioner of Environmental Protection shall establish a program for receiving, evaluating and responding to reports of dioxin or furan emissions from resources recovery facilities. The program shall include provisions for (1) continuous monitoring with remote telemetry to the Department of Environmental Protection of meteorological data and dioxin and furan indicators including, but not limited to, combustion efficiency and temperature and (2) establishment of a toll-free line for receiving reports about emissions. The commissioner shall provide the public with sufficient notice of the toll-free line.] ON AND AFTER JULY 1, 1996, THE OWNER OR OPERATOR OF A RESOURCES RECOVERY FACILITY SHALL NOTIFY THE COMMISSIONER OF ENVIRONMENTAL PROTECTION WITHIN TWELVE HOURS OF AN EXCEEDANCE OR DEVIATION FROM ANY PERMITTED EMISSIONS LIMITATION OR PARAMETER INCLUDING, BUT NOT LIMITED TO, DIOXIN AND FURAN INDICATORS SUCH AS COMBUSTION EFFICIENCY AND TEMPERATURE, OPACITY, SULFUR DIOXIDE, NITROGEN OXIDES, CARBON MONOXIDE, COMBUSTION EFFICIENCY, COMBUSTION TEMPERATURE, SULFUR DIOXIDE REDUCTION EFFICIENCY, FINAL PARTICULATE CONTROL DEVICE INLET TEMPERATURE AND STEAM LOAD.

Sec. 6. Section 22a-213 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) All contracts made after July 1, 1971, by any city, town, borough or regional authority with any person, another municipality or regional authority to provide for [collection, transportation,] processing, storage [and] OR disposal outside of its boundaries of solid wastes generated within its boundaries, [or any of such services,] shall be reviewed and have the approval of the commissioner as conforming to recognized standards of public health and safety before they can be implemented. THE MUNICIPALITY SHALL BE RESPONSIBLE FOR PROVIDING A COPY OF SAID SOLID WASTE DISPOSAL CONTRACT TO THE COMMISSIONER.

(b) The commissioner shall not approve any such contract unless he finds that the facility to which the waste is to be transported for processing, storage and disposal has been issued a [permit pursuant to subsection (c) of section 22a-208 or section 22a-208a] SOLID WASTE PERMIT TO OPERATE THE FACILITY and has the necessary capacity to accommodate the terms of the contract.

(c) All contracts made after June 6, 1990, by any municipality with the operator of a solid waste facility shall be in writing.

Sec. 7. Subsection (d) of section 22a-454 of the general statutes is repealed and the following is substituted in lieu thereof:

(d) The commissioner shall require the payment of [a fee of thirty] THE FOLLOWING FEES FOR PERMITS UNDER THIS SECTION: (1) THIRTY thousand dollars [for a permit] to operate a hazardous waste landfill or incinerator; [and the payment of a fee of] (2) fourteen thousand dollars [for a permit] to store or treat hazardous waste; [. On and after July 1, 1994, such fees shall be as prescribed by regulations adopted by the commissioner in accordance with chapter 54] (3) SEVEN THOUSAND DOLLARS TO ENGAGE IN THE TRANSFER OF HAZARDOUS WASTE AS DESCRIBED IN SUBSECTION (c) OF THIS SECTION IF THE HAZARDOUS WASTE IS TRANSFERRED FROM ITS ORIGINAL CONTAINER TO ANOTHER CONTAINER; AND (4) TWO THOUSAND FIVE HUNDRED DOLLARS TO ENGAGE IN THE TRANSFER OF HAZARDOUS WASTE AS DESCRIBED IN SUBSECTION (c) OF THIS SECTION IF THE HAZARDOUS WASTE REMAINS IN THE ORIGINAL CONTAINER. The commissioner shall also charge a fee of fifty dollars for each hazardous waste treatment, disposal or storage facility which submits an application for a status change to a generator. The commissioner shall charge a fee of twenty-five dollars for each hazardous waste large quantity generator which submits an application for status change to a small generator. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to prescribe the amount of the fees required pursuant to this section. Upon the adoption of such regulations, the fees required by this section shall be as prescribed in such regulations.

Sec. 8. Subsection (b) of section 22a-228 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) On or after January 1, 1987, the Commissioner of Environmental Protection shall adopt a state-wide solid waste management plan which shall incorporate each municipal solid waste management plan approved pursuant to section 22a-227, AS AMENDED. The plan shall establish specific goals for source reduction, bulky waste recycling and composting. The plan shall establish the following order of priority for managing solid waste: Source reduction; recycling; composting of yard waste or vegetable matter; bulky waste recycling; resource recovery [, composting of mixed municipal solid waste] or waste-to-energy plants; incineration, and landfilling.

Sec. 9. Sections 22a-208s to 22a-208u, inclusive, of the general statutes, are repealed.

Sec. 10. This act shall take effect October 1, 1996, except that section 5 shall take effect July 1, 1996.

Approved May 31, 1996. Effective as provided in section 10.

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