SubTitle16-50l-1_16-50l-5. Applications  


Sec. 16-50l-1. Service
Latest version.

(a) General rule.

Service of all documents and other papers filed in all proceedings, including, but not limited to, complaints, motions, petitions, applications, notices, briefs, and exhibits, shall be by personal delivery, by first class mail, or by electronic means if recipients have elected to be served by e-mail.

(b) On whom served.

All such documents and other papers shall be served by the person filing the same on every person including the applicant who has theretofore been designated a party or intervenor in the proceeding in accordance with the Service List prepared by the Council in accordance with Section 16-50j-12 of the Regulations of Connecticut State Agencies.

(c) Service by the Council.

A copy of any document or other paper served by the Council, showing the addresses to whom the document or other paper was mailed, shall be placed in the Council's files and shall be prima facie evidence of such service and the date thereof.

(d) Service of written notice.

Written notice of all orders, decisions or certificates issued by the Council shall be given to the person affected and each party or his authorized representative by personal service upon such person or by United States mail, certified or registered, postage prepaid, return receipt requested.

(e) Newspaper publication.

Notice of any application for a certificate or of any application to amend a certificate shall be published by the applicant prior to the filing of such application at least twice in a newspaper or newspapers having general circulation in each municipality wherein any portion of any proposed facility or alternate thereto is to be located. Said notice shall state the name of the applicant, the approximate date of the filing of the application, a summary of such application and the reasons therefore. Such notice shall be published as specified in Section 16-50m(c) of the Connecticut General Statutes.

(Effective March 7, 1989; Amended September 7, 2012)

Sec. 16-50l-1a. Completeness review
Latest version.

(a) Submission of application to the Council.

No certificate of environmental compatibility and public need shall be granted to any person until a complete application containing all information deemed relevant by the Council has been filed. Relevant information shall at a minimum include that listed in Section 16-50l-2 of the Regulations of Connecticut State Agencies unless an explanation of irrelevancy is provided for any item omitted from an application. The Council will reserve final judgment of an item's relevancy.

(b) Notification of completeness.

No later than 30 days after receipt of an application, the Council shall notify the applicant in writing as to the completeness of the application. If an applicant fails or refuses to correct any deficiencies in the manner directed and within the time prescribed by the Council, the application may be refused for lack of proper submission.

(c) Additional information.

A determination by the Council that an application is complete at the initiation of the certification process shall not preclude the Council from requiring the applicant to submit additional information subsequently determined to be necessary for a proper and complete evaluation of the proposed facility.

(Effective September 7, 2012)

Sec. 16-50l-2. Form
Latest version.

The form to be followed in the filing of applications may vary to the extent necessary to provide for the nature of the legal rights, duties, or privileges involved therein, and to the extent necessary to comply with statutory requirements. Nevertheless, all applications shall include the following components:

(a) The purpose for which the application is being made;

(b) The statutory authority for such application;

(c) The exact legal name of each person seeking the authorization or relief and the address or principal place of business of each such person. If any applicant is a corporation, trust association, or other organized group, it shall also give the state under the laws of which it was created or organized;

(d) The name, title, address, and telephone number of the attorney or other person to whom correspondence or communications in regard to the application are to be addressed. Notice, orders, and other papers may be served upon the person so named, and such service shall be deemed to be service upon the applicant;

(e) Such information as may be required under the applicable provisions of Section 16-50l of the Connecticut General Statutes and Section 22a-118 of the Connecticut General Statutes;

(f) Such information as any department or agency of the state exercising environmental controls may, by regulation, require;

(g) Such information as the applicant may consider relevant; and

(h) Such additional information as the Council may request.

(Effective March 7, 1989; Amended September 7, 2012)

Sec. 16-50l-3. Annexed materials
Latest version.

There shall be attached to the application any exhibits, sworn written testimony, data, models, illustrations, and all other materials that the applicant deems necessary or desirable to support the granting of the application. In addition, such annexed materials shall also include such exhibits, sworn written testimony, a description of the siting criteria and the narrowing process by which other possible sites were considered and eliminated, and other data that any statute or these rules may require.

(Effective March 7, 1989)

Sec. 16-50l-4. Rejection of an application
Latest version.

Where these rules require that specific exhibits or data be prepared and submitted as part of any application, the Council may not later than 30 days after the filing thereof reject and return to the sender any application that the Council finds to have failed to comply with such criteria for the submission of exhibits and data as set forth in Sections 16-50l-1 to 16-50l-5, inclusive, of the Regulations of Connecticut State Agencies and the Council's requests for additional information.

(Effective March 7, 1989; Amended September 7, 2012)

Sec. 16-50l-5. Deficiencies in filing
Latest version.

When called to the attention of the applicant, all deficiencies in any filed application to the council must be promptly corrected. If any such deficiency is not promptly corrected in the manner directed by the council, the application may be denied and rejected for lack of proper submission.

(Effective July 3, 1972)