(a) The commissioner shall administer and enforce the planning and implementation requirements of this chapter. He shall examine all existing or proposed solid waste facilities and provide for their proper planning, design, construction, operation, monitoring, closure and postclosure maintenance in a manner which ensures against pollution of the waters of the state, prevents the harboring of vectors, prevents fire and explosion and minimizes the emission of objectionable odors, dust or other air pollutants so that the health, safety, and welfare of the people of the state shall be safeguarded and enhanced and the natural resources and environment of the state may be conserved, improved and protected. The commissioner shall order the alteration, extension, limitation, closure or replacement of such facilities whenever necessary to ensure against pollution of the waters of the state, prevent the harboring of vectors, prevent fire and explosion hazards and minimize the creation of objectionable odors, dust or other air pollutants so that the health, safety and welfare of the people of the state shall be safeguarded and enhanced and the natural resources and environment of the state may be conserved, improved and protected provided, before ordering the closure of any solid waste facility, said commissioner shall determine that reasonable alternative facilities for the users of such facility exist. In any such order, the commissioner may require the submission of and compliance with a plan for the design, construction, operation, monitoring, closure and postclosure maintenance of such facility in accordance with the provisions of this chapter.
(b) Repealed by P.A. 86-403, S. 128, 132.
(1971, P.A. 845, S. 2; P.A. 73-646, S. 2; P.A. 76-25; P.A. 77-221; P.A. 78-67, S. 1, 2; P.A. 83-189; P.A. 84-535, S. 5; P.A. 85-334, S. 1, 8; 85-342, S. 2; P.A. 86-403, S. 128, 132.)
History: P.A. 73-646 clarified Subsecs. (a) and (b) and broadened purpose of facilities in Subsec. (a) to include natural resource and environment protection and conservation as well as public health and safety protection; P.A. 76-25 inserted new Subsec. (d) re filing of permit copies and relettered former Subsec. (d) accordingly; P.A. 77-221 required facilities to ensure against water pollution, prevent harboring of vectors, prevent fire and explosion and minimize objectionable odors and allowed commissioner to require submission of plan for facility; P.A. 78-67 required provision of alternative facilities before closing facility customarily used and protected rights of local governments re zoning for waste disposal in Subsec. (c); Sec. 19-524b transferred to Sec. 22a-208 in 1983; P.A. 83-189 amended Subsec. (c) to prohibit the operation of a solid waste facility after October 1, 1984, without a closure plan; P.A. 84-535 amended Subsec. (c) by adding provision requiring the commissioner to notify the chief elected official of each municipality in which the facility is to be located; P.A. 85-334, deleted former Subsecs. (b) to (e) re commissioner's approval of facility operators' qualifications and re approval procedure required for permit to build, establish or alter facilities, generally, and added to the commissioner's authority under former Subsec. (a) provisions re monitoring, closure and postclosure maintenance and authorized closing of facilities when reasonable alternative facilities exist rather than only when the commissioner provides an alternative; P.A. 85-342 added Subsec. (f) re denial of permits to applicants convicted of environmental law violations but since Subsecs. (b) to (e) were deleted by P.A. 85-334 the new subsection was relettered as Subsec. (b) and the former Subsec. (a) indicator, deleted by P.A. 85-334, was reinstated editorially by the Revisors; P.A. 86-403 repealed Subsec. (b).
Cited. 192 C. 591; 193 C. 506; 215 C. 82; 234 C. 312.
Cited. 17 CA 17; judgment reversed, see 212 C. 570; 19 CA 216.
Notes of Decisions
Connecticut Bldg. Wrecking Co. v. Carothers, 590 A.2d 447 (Conn. 1991).
· cites it 11× “85-334, § 2, passed on May 22, 1985, and signed into law on June 16,1985, amended General Statutes § 22a-208 by changing former subsection (c) to (b) and adding a new subsection (c), as follows: “(b) No solid waste facility shall be built or established and no solid waste…”
Town of Beacon Falls v. Posick, 563 A.2d 285 (Conn. 1989).
· cites it 22× “the Connecticut resources recovery authority may use and operate as a solid waste disposal area, pursuant to a permit . . .”
City of Shelton v. Comm'r, 479 A.2d 208 (Conn. 1984).
· cites it 13× “The CRRA was created to make and implement statewide solid waste management plans; General Statutes § 22a-262; subject to the authority of the Commissioner of Environmental Protection to issue permits for any solid waste disposal facility.”
Carothers v. Capozziello, 574 A.2d 1268 (Conn. 1990).
· cites it 6× “In General Statutes § 22a-208, the legislature has directed the commissioner to “administer and enforce the planning and implementation requirements” of our solid waste management statutes, chapter 446d.”
City of Middletown v. Hartford Elec. Light Co., 473 A.2d 787 (Conn. 1984).
· cites it 2× “…waste facility permit under General Statutes § 22a-208 (formerly § 19-524b); a toxic waste disposal permit under General Statutes § 22a-220 (formerly § 19-524n); a new air contaminant permit under General Statutes § 22a-174 (c) (formerly § 19-508 [c]); a water discharge…”
Town of Beacon Falls v. Posick, 549 A.2d 656 (Conn. App. Ct. 1988).
· cites it 19× “The law of the case is that the legislature had enacted a comprehensive statewide solid waste management plan that would prevail in the event any conflicting local zoning ordinance or regulation were later enacted pursuant to the limited authority of General Statutes § 22a-208…”
Bauer v. Waste Mgmt. of Connecticut, Inc., 662 A.2d 1179 (Conn. 1995).
“In response to the court’s holding in Colchester and to several other unpopular regional waste disposal proposals, the legislature amended § 22a-208 (c) [now § 22a-208a (b)] to provide that a DEP solid waste disposal permit did not override local zoning.”
Town of Newtown v. Keeney, 661 A.2d 589 (Conn. 1995).
“The hydrogeological study in this case was required for the commissioner to be able to satisfy his mandate to “examine all existing or proposed solid waste facilities and provide for their proper planning, design, construction, operation, monitoring, closure and postclosure…”
Modern Cigarette, Inc. v. Town of Orange, 774 A.2d 969 (Conn. 2001).
“to 1985) § 22a-208 (c). The property owner claimed that the term “regulate” in the statute necessarily barred the municipality from imposing a prohibition, relying on this court’s language in Blue Sky Bar, Inc.”
B.F. Goodrich Co. v. Murtha, 754 F. Supp. 960 (D. Conn. 1991).
· cites it 2× “Conn.Gen.Stat.Ann. § 22a-220(a). The DEP oversees and regulates all MSW disposal.”
Town of Preston v. Connecticut Siting Council, 571 A.2d 157 (Conn. App. Ct. 1990).
“(NEW) The commissioner of environmental protection may issue a permit to construct a solid waste facility pursuant to section 22a-208 of the general statutes, provided the applicant submits to the commissioner a copy of a valid certificate of zoning approval, special permit,…”
— Conn. Gen. Stat. § 22a-208(a) — 1 case
B.F. Goodrich Co. v. Murtha, 754 F. Supp. 960 (D. Conn. 1991).
“Conn.Gen.Stat.Ann. § 22a-220(a). The DEP oversees and regulates all MSW disposal.”
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