Sec.22a-116-3. Permits for hazardous waste facilities

(a) Requirements for permits. All DEP permits, approvals, licenses, or authorizations necessary to initiate construction or modification of a hazardous waste facility and any person applying for any DEP required permits, approvals, licenses, or authorizations shall be subject to this section.

(b) Application for siting permit.

(1) Application for each siting permit shall be made by the owner or operator of the facility on forms furnished by the commissioner. Each application shall include all information required by statute and by the most current departmental regulations regarding such facility; however, nothing in these regulations shall prevent the commissioner from requiring additional information concerning an application if he determines that such additional information is necessary.

(2) An application will not be deemed to have been received by the department until all papers and documents required by statute, regulation or request of the commissioner in support of the application have been submitted in proper form. The department shall determine within sixty (60) days of submission of a prepared application whether it is complete, and shall so notify the applicant.

(3) Upon a determination that an application is incomplete, the applicant may resubmit the application with the additional information required by the department. The department shall determine within sixty (60) days of such resubmission whether the application is complete and shall so notify the applicant. Upon resubmission, the department may require further information only if

(A) such information is required by statute or regulation, or

(B) the need for the additional information was not apparent at the time of the prior determination that the application was incomplete.

(c) Public hearing. The commissioner shall hold a public hearing on an application, such hearing to commence not sooner than thirty (30) days and no later than sixty (60) days after his determination that an application is complete. Notice of hearing shall be published no fewer than ten (10) days before the date set for the hearing in a newspaper having general circulation in the town where the facility is to be located.

(d) Siting permit decision.

(1) The commissioner shall consider all evidence offered at any public hearing, any reports from local, state, and federal agencies, all relevant facts and circumstances, and any additional requested information in making his tentative determination on a siting permit application. Such a determination shall be made by the commissioner within ninety (90) days of the close of the public hearing. A tentative determination to issue a siting permit shall be published by the commissioner in the Connecticut Law Journal within thirty (30) days of such a decision.

(2) The commissioner shall within thirty (30) days following the issuance of a certificate of public safety and necessity by the Connecticut siting council, render a final siting permit decision.

(e) Denial of a siting permit. A siting permit may be denied if the commissioner determines that:

(1) The engineering information and any other information submitted by the applicant indicates that the hazardous waste facility will not be constructed and operated in compliance with applicable statutes or regulations; or

(2) The facility is not consistent with all applicable regulations of the department of environmental protection.

(f) Minor amendment of siting permits. The commissioner may amend a siting permit for changes in the facility practices or equipment that would not in his judgment significantly alter the nature of the facility or the impact on the environment.

(g) Conditions applicable to the siting permit. A siting permit shall be effective for a fixed term not to exceed five (5) years. The commissioner may add such additional conditions to any siting permit as he deems necessary based upon the circumstances of the particular application.

(h) Reapplication for and renewal of siting permits. The procedure for obtaining a renewal of a siting permit is detailed in section 22a-7-4 of the Administrative Regulations of Connecticut State Agencies except that the commissioner may waive the one hundred twenty (120) calendar day requirement for good cause shown.

(i) Revocation or suspension. A siting permit may be revoked or suspended for failure to comply with the terms of the permit or violation of any applicable regulation or statute.

(j) Transferability. The holder of a siting permit may not transfer it without prior written permission of the commissioner.

(Effective April 16, 1982)