Sec.22a-116-B-7. Rendering a decision

(a) Requirements for written decision.

(1) Within twelve months of receipt of a complete application, the Council shall render its decision upon the record by an affirmative vote of not less than seven Council members either granting or denying the application as filed, or granting it upon such terms, limitations, or conditions as the Council may deem appropriate. The twelve month time limit may be extended by 180 days by agreement of the Council and the applicant.

(2) The Council shall file, with its decision, an opinion stating in full the reasons for its decision. The decision shall include a statement describing the items of negotiation between the applicant and local project review committee which the Council has accepted and incorporated into any approval and those negotiated items it has rejected and the reasons therefor.

(3) The Council shall file, with its decision, copies of the reports on negotiations filed by the applicant and the local project review committee, and the record of any Council meeting held with the applicant and committee.

(b) Considerations for decision.

(1) In making its decision to grant or deny a certificate, the Council shall, consistent with applicable requirements of Sections 4-166 to 4-185, inclusive, of the Connecticut General Statutes, consider among other relevant facts and circumstances, the following factors:

(A) The impact of the proposed facility on the municipality and affected geographic area in which it is to be located in terms of public health, safety, and welfare including, but not limited to:

(i) The protection of the public and the environment from risk and impact of accident during transportation of hazardous waste;

(ii) The protection of the public and the environment from risk and impact of fires and explosions from improper storage or disposal methods;

(iii) The protection of the public and the environment from risk and impact of exposure of persons to hazardous wastes and their degradation products during facility operation and after its operational life;

(iv) The degree of consistency of the proposed facility with local and regional land use plans and regulations and the state conservation and development plan in effect at the time the applicant applies to the commissioner for the environmental licenses, permits or approvals necessary to construct and operate the facility, and with existing and proposed development in the area;

(v) The protection of the public and the environment from adverse impacts including but not limited to, adverse economic and environmental impacts of the facility during construction and operation, and after its operational life;

(vi) The protection of the public and the environment from risk and impact by the proposed facility on public and private drinking water supplies; and

(vii) The protection of the public and the environment from risk and impact by the proposed facility on scenic, historic and recreational areas; wetlands; flood plains; wildlife areas; habitat for endangered species; and other environmentally sensitive areas.

(B) The population density in the area of the proposed facility and its proximity to residential areas.

(C) The public benefits of the proposed hazardous waste facility including, but not limited to:

(i) The need for the additional disposal capacity provided by the facility;

(ii) The energy and resource recovery benefits, if any, which will be derived from the facility;

(iii) The economic benefit of the facility to the state and its citizens;

(iv) The capability of the proposed facility to accommodate hazardous wastes which would otherwise be disposed of in a less environmentally suitable site or manner;

(v) Economic incentives and benefits which will accrue to the municipality in which the proposed facility is to be located; and

(vi) Any aspects of the proposed facility which would enhance environmental quality.

(D) The extent to which the location of the facility minimizes the need to transport hazardous wastes long distances.

(E) The extent to which any reasonably available alternative disposal method or site minimizes detriment to the public health or safety, or the quality of the environment.

(F) The applicant's qualifications and previous experience with hazardous waste disposal, as well as the applicant's financial capabilities.

(G) Whether the applicant has prepared, and agreed to implement, an environmentally sound development and management plan which includes all elements required by Section 22a-116-B-9 of the Regulations of Connecticut State Agencies.

(H) Whether the applicant complies with the minimum distances between active parts of the facility and other land uses established pursuant to Section 22a-122-1 of the Regulations of Connecticut State Agencies.

(2) The Council may give such consideration to other state laws, municipal ordinances, and regulations as it shall deem appropriate.

(3) In making its decision as to whether or not to issue a certificate, the Council shall in no way be limited by the fact that the applicant may have already acquired land or an interest therein or any necessary permits, certificates, or orders for the purpose of constructing the facility which is the subject of its application.

(c) Findings required for the issuance of a certificate.

The Council shall not grant a certificate unless it finds and determines:

(1) That there is a public need for the facility and explains the basis of such need.

(2) The nature of the probable environmental impact of the facility, including but not limited to impacts due to the construction, operation, transportation of wastes to, and closure and post-closure provisions for the facility.

(3) In the case of a proposed land disposal facility, that there is no other feasible alternative disposal method available.

(4) Every significant single and cumulative adverse effect on and conflict with state policies on the subjects listed below and reasons why such adverse effects or conflicts are not sufficient for denial of the certificate:

(A) The natural environment;

(B) The public health and safety;

(C) Ecological balance;

(D) Scenic, historic, and recreational values;

(E) Forests and parks;

(F) Air and water purity including impact on present and future sources of water supply.

(5) That the applicant meets the financial responsibility requirements set forth in Section 22a-122(d) of the Connecticut General Statutes and in Sections 22a-116-B-1 to 22a-116-B-11 of the Regulations of Connecticut State Agencies.

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