Sec.22a-354i-8. Permit requirements

(a) Any person may apply for a permit to add a regulated activity to a facility where a registered regulated activity occurs.

(b) The Commissioner shall process permit applications for those regulated activities specified in section 22a-354p(g) of the Connecticut General Statutes. The municipal aquifer protection agency shall process permit applications for all other regulated activities.

(c) An application for a permit shall be made on a form prescribed by the Commissioner. Simultaneously with filing an application, the applicant shall send a copy of the application to the Commissioner or municipal aquifer protection agency, as appropriate, the Commissioner of Public Health and the affected water company. An application shall include the following information:

(1) The information as required for a registration under section 22a-354i-7(c) of the Regulations of Connecticut State Agencies shall be provided for the proposed regulated activity;

(2) a confirmation and commitment that all regulated activities at the facility shall:

(A) be and remain in compliance with section 22a-354i-9(a) of the Regulations of Connecticut State Agencies,

(B) not increase the number of underground storage tanks used for storage of hazardous materials, and

(C) be in and remain in compliance with all local, state, and federal environmental laws;

(3) a materials management plan prepared in accordance with section 22a-354i-9(a)(5) of the Regulations of Connecticut State Agencies;

(4) a storm water management plan in accordance with section 22a-354i-9(b) of the Regulations of Connecticut State Agencies;

(5) the following environmental compliance information with respect to environmental violations which occurred at the facility where the regulated activities are conducted, within the five years immediately preceding the date of the application:

(A) any criminal conviction involving a violation of any environmental protection law,

(B) any civil penalty imposed in any state or federal judicial proceeding, or any penalty exceeding five thousand dollars imposed in any administrative proceeding, and

(C) any judicial or administrative orders issued regarding any such violation together with the dates, case or docket numbers, or other information which identifies the proceeding. For any such proceeding initiated by the state or federal government, the Commissioner, or municipal aquifer protection agency as appropriate, may require submission of a copy of any official document associated with the proceeding, the final judgment or order;

(6) for regulated activities specified in section 22a-354p(g) of the Connecticut General Statutes, the compliance information required by subdivision (5) of this subsection is in addition to any information that the Commissioner may require pursuant to section 22a-6m of the Connecticut General Statutes;

(7) any additional information deemed necessary, by the Commissioner or municipal aquifer protection agency as appropriate, regarding potential threats to the ground water and proposed safeguards; and

(8) the following certification signed by the applicant and the individual responsible for preparing the application, after satisfying the statements set forth in the certification:

"I have personally examined and am familiar with the information submitted in this document and all attachments, and I certify, based on reasonable investigation, including my inquiry of those individuals responsible for obtaining the information, the submitted information is true, accurate and complete to the best of my knowledge and belief. I understand that any false statement made in the submitted information is punishable as a criminal offense under section 53a-157b of the Connecticut General Statutes and any other applicable law."

(d) A municipal aquifer protection agency, the Commissioner, any affected water company or the Commissioner of Public Health may, not later than sixty (60) days after receiving a copy of an application for a permit under this section, submit to the Commissioner or municipal aquifer protection agency, as appropriate, written comments on such application. The Commissioner or municipal aquifer protection agency, as appropriate, shall give due consideration to any such comments, and shall provide a copy of the decision to the Commissioner or municipal aquifer protection agency, as appropriate, the affected water company and the Commissioner of Public Health.

(e) The Commissioner or municipal aquifer protection agency, as appropriate, shall not issue a permit unless a complete application has been received and the applicant demonstrates, to the Commissioner's or municipal aquifer protection agency's satisfaction, as appropriate, that all applicable requirements of this section have been satisfied and all of the following standards and criteria have been met:

(1) The proposed regulated activity shall take place at a facility where a registered regulated activity occurs;

(2) the proposed regulated activity shall not increase the number or storage capacity of underground storage tanks used for hazardous materials except for the replacement of an existing underground storage tank in accordance with section 22a-354i-9(a)(3) of the Regulations of Connecticut State Agencies;

(3) the materials management plan and storm water management plan have been satisfactorily prepared in accordance with sections 22a-354i-9(a)(5) and 22a-354i-9(b), respectively, of the Regulations of Connecticut State Agencies;

(4) the applicant has submitted a confirmation and commitment that all regulated activities shall be and remain in compliance with all local, state and federal environmental laws in accordance with subsection (c)(2)(C) of this section;

(5) the applicant's compliance record shall not indicate (A) that any noncompliance resulted from indifference to or disregard for the legal requirements, (B) an unwillingness or inability to devote the resources necessary to comply and remain in compliance, or (C) that instances of noncompliance have led to serious environmental harm, harm to human health or safety, or a substantial risk of such harm;

(6) the proposed regulated activity shall be conducted in accordance with section 22a-354i-9 of the Regulations of Connecticut State Agencies;

(7) the registered regulated activity is being conducted in accordance with section 22a-354i-9 of the Regulations of Connecticut State Agencies; and

(8) the certification required under subsection (c)(8) of this section has been signed by the applicant and the individual responsible for preparing the application.

(f) The Commissioner or municipal aquifer protection agency, as appropriate, may impose reasonable conditions or limitations on any permit issued under this section to assure protection of the ground water, including but not limited to the following:

(1) Best management practices in addition to those set forth in section 22a-354i-9 of the Regulations of Connecticut State Agencies; and

(2) ground water monitoring.

(g) General provisions in the issuance of all permits are as follows:

(1) The Commissioner or municipal aquifer protection agency, as appropriate, has relied in whole or in part on information provided by the applicant and if such information subsequently proves to be false, deceptive, incomplete or inaccurate, the permit may be modified, suspended or revoked;

(2) all permits issued by the Commissioner or municipal aquifer protection agency, as appropriate, are subject to and do not derogate any present or future rights or powers of the Commissioner, municipal aquifer protection agency, or municipality, and convey no rights in real estate or material nor any exclusive privileges, and are further subject to any and all public and private rights and to any federal, state, and municipal laws or regulations pertinent to the subject land or activity; and

(3) the permit shall expire ten (10) years from the date of issuance of such permit by the Commissioner or municipal aquifer protection agency, as appropriate.

(4) A person shall apply to the Commissioner or municipal aquifer protection agency, as appropriate, to renew the permit on a form prescribed by the Commissioner prior to expiration of such permit. Such renewal shall be granted upon request by the Commissioner or municipal aquifer protection agency, as appropriate, unless a substantial change in the permitted activity has been made, or enforcement action with regard to the regulated activity has been taken, in which case, a new permit application shall be submitted and reviewed in accordance with the provisions of this section of the Regulations of Connecticut State Agencies.

(h) A person may request a modification of a permit from the Commissioner or municipal aquifer protection agency, as appropriate. Such request shall be on a form prescribed by the Commissioner, and shall include the facts and reasons supporting the request. The Commissioner or municipal aquifer protection agency, as appropriate, may require the applicant to submit a new application for a permit or renewal in lieu of a modification request.

(i) A person may apply to transfer the permit for a facility. Such application for transfer shall be made to the Commissioner or municipal aquifer protection agency, as appropriate.

(1) A permit for regulated activities specified in section 22a-354p(g) of the Connecticut General Statutes, may be transferred by the Commissioner. Such transfer shall be executed in conformance with sections 22a-6o and 22a-6m of the Connecticut General Statutes using a form prescribed by the Commissioner.

(2) A permit for regulated activities not specified in section 22a-354p(g) of the Connecticut General Statutes may be transferred by the municipal aquifer protection agency. Such transfer shall be executed using a form prescribed by the Commissioner and submitted to the municipal aquifer protection agency.

(Adopted effective February 2, 2004)