Bill Text: CT HB05301 | 2010 | General Assembly | Comm Sub
Bill Title: An Act Implementing The Recommendations Of The Program Review And Investigations Committee Concerning Municipal Solid Waste Management Services In Connecticut.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2010-03-19 - Favorable Change of Reference, Senate to Committee on Environment [HB05301 Detail]
Download: Connecticut-2010-HB05301-Comm_Sub.html
General Assembly |
||
February Session, 2010 |
*_____HB05301PRIENV031210____* |
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE PROGRAM REVIEW AND INVESTIGATIONS COMMITTEE CONCERNING MUNICIPAL SOLID WASTE MANAGEMENT SERVICES IN CONNECTICUT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 22a-241b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) On or before February 1, 1988, the Commissioner of Environmental Protection shall adopt regulations in accordance with the provisions of chapter 54 designating items that are required to be recycled. The commissioner shall designate an item as suitable for recycling and amend said regulations accordingly when thirty-three per cent or more of the intermediate processing facilities, as defined in section 22a-260, in this state has the capacity and capability to accept such item. On or before January 1, 2011, and every ten years thereafter, the commissioner shall review the adequacy of such regulations. The commissioner may designate other items as suitable for recycling and amend said regulations accordingly.
(b) Any item designated for recycling pursuant to subsection (a) of this section shall be recycled by a municipality within three months of the establishment of service to such municipality by a regional processing center or local processing system.
(c) On and after January 1, 1991, (1) each person who generates solid waste from residential property shall, in accordance with subsection (f) of section 22a-220, separate from other solid waste the items designated for recycling pursuant to subsection (a) of this section, and (2) every other person who generates solid waste shall, in accordance with subsection (f) of section 22a-220, make provision for the separation from other solid waste of the items designated for recycling pursuant to subsection (a) of this section.
Sec. 2. (NEW) (Effective from passage) (a) The Commissioner of Environmental Protection shall review the state's policies concerning solid waste diversion and recycling. Not later than January 1, 2011, the commissioner, in consultation with the commissioner's solid waste management advisory committee, shall develop flexible incentive programs that assist the state and municipalities in achieving the solid waste diversion and recycling goals of the state's solid waste management plan.
(b) Any flexible incentive program developed pursuant to subsection (a) of this section shall: (1) Contain specific program goals and accomplishment measures; (2) be implemented not later than December 31, 2011, and have a proposed termination date of December 31, 2016; and (3) for informational purposes, be submitted to the joint standing committee of the General Assembly having cognizance of matters relating to the environment. Not later than December 31, 2012, and each year thereafter that any such flexible incentive program is in use, the commissioner, in accordance with section 11-4a of the general statutes, shall report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment on the impact of each flexible incentive program and shall include in such report any recommendations to improve solid waste diversion and recycling in this state.
Sec. 3. (Effective from passage) Not later than June 1, 2011, the Commissioner of Environmental Protection, in accordance with section 11-4a of the general statutes, shall report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment on the costs and benefits to the state, municipalities and waste generators of different methods of removing food waste from the waste stream. Additionally, such report shall identify incentives and guidance the state could provide in order to develop the requisite composting facilities for the removal of such food waste from the waste stream.
Sec. 4. Section 22a-220a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The legislative body of a municipality may designate the area where solid waste generated within its boundaries by residential, business, commercial or other establishments shall be disposed. The disposal of such solid waste at any other area is prohibited, except that a municipality may approve, in writing, disposal at another area, either within or outside the boundaries of such municipality, prior to disposal. A municipality may refuse to approve disposal at another area if such disposal would adversely affect its solid waste disposal program. The legislative body of a municipality may also designate where the following items generated within its boundaries from residential properties shall be taken for processing or sale: (1) Cardboard, (2) glass, food and beverage containers, (3) leaves, (4) metal food and beverage containers, (5) newspapers, (6) storage batteries, (7) waste oil, and (8) plastic food and beverage containers. The processing or sale of such items at any other area shall be prohibited, except that a municipality may approve, in writing, processing or sale elsewhere, either within or outside the boundaries of such municipality, prior to processing or sale. A municipality may refuse to approve processing or sale elsewhere if such processing or sale would adversely affect its recycling program. For purposes of sections 22a-208e, as amended by this act, 22a-208f, 22a-220, this section, sections 22a-220c, 22a-241b, as amended by this act, 22a-241e, and subsection (c) of section 22a-241g, residential property means real estate containing one or more dwelling units but shall not include hospitals, motels or hotels.
(b) The legislative body shall give not less than sixty days' notice of its intent to designate a disposal area for solid waste or to designate where the items generated from residential property listed in subsection (a) of this section shall be taken for processing or sale to all collectors hauling solid waste or such items of the municipality. At the conclusion of such period, the legislative body shall cause notice of such designation to appear in a newspaper of general circulation in the municipality and shall conduct a public hearing thereon. Prior to designating where the items generated from residential property and listed in subsection (a) of this section shall be taken for sale or processing, the municipality shall consider the private recycling occurring within the municipality, the effects of its proposed designation on such recycling, and the policy set forth in subdivision (4) of section 22a-259.
(c) Except as provided in subsection (a) of this section, recyclable material, including but not limited to, glass, metal, paper, corrugated paper or plastic, may be removed or segregated at the source of generation or prior to disposal at the designated area and presegregated recyclable material may be transported directly to facilities which accept and process recyclable material.
(d) Any collector hauling solid waste generated by residential, business, commercial or other establishments in a municipality shall register, annually, in such municipality and disclose: (1) The name and address of the collector, the owner of such collector, any principal partner in such collector and any manager or person who has policy or financial decision-making authority for such collector; (2) the name of any subsidiary of such collector; (3) the name of any other municipality or state in which such collector hauls such solid waste; (4) whether the hauling done by such collector is residential, commercial or other; (5) the type of wastes hauled; (6) the location of any disposal area for solid waste that such collector uses or intends to use in the next year; and (7) any additional information that such municipality requires to ensure the health and safety of its residents.
(e) The door of any private vehicle used to haul solid waste shall be clearly marked with the business name and address of the hauler.
(f) Any collector who dumps more than one cubic foot in volume of solid waste at one time in an area not designated for such disposal by a municipality pursuant to the provisions of this section or who knowingly mixes other solid waste with items designated for recycling pursuant to section 22a-241b, as amended by this act, or pursuant to municipal ordinance shall for a first violation be liable for a civil penalty of not more than two thousand five hundred dollars for each violation and not more than ten thousand dollars for a subsequent violation. Any municipality or the Attorney General, at the request of the commissioner, may bring an action under this section. All such actions shall have precedence in the order of trial as provided in section 52-191. Any such action by the Attorney General shall be brought in the superior court for the judicial district of Hartford.
(g) As used in this section, "collector" means any person who holds himself out for hire to collect solid waste from residential, business, commercial or other establishments.
(h) The legislative body of a municipality may prohibit the scavenging of solid waste.
(i) Any person, other than a collector, who: (1) Dumps more than one cubic foot in volume of solid waste at one time in a solid waste or refuse collection container without the authorization of the owner of such container, or (2) dumps any material into a recycling collection container used to collect another type of material for purposes of disposal by a collector shall be guilty of an infraction as provided for in chapter 881b. Any owner or lessor of a solid waste or refuse collection container may post signs on or near such container which indicate the penalties provided for in this section for unauthorized disposal of waste in such container. Any municipal police officer may issue a summons for the commission of an infraction for any violation of this subsection.
(j) On or before January 15, 2011, and each year thereafter, each municipality shall provide a list of registered collectors and any information supplied by such collector pursuant to subsection (d) of this section to the Commissioner of Environmental Protection in such format as the commissioner prescribes. Not more than ninety days after receipt of such information, the Commissioner of Environmental Protection shall post such information on the Department of Environmental Protection's web site. Any municipality that fails to provide such information to the commissioner in a timely manner shall be ineligible for the flexible recycling program pursuant to chapter 446d.
Sec. 5. (Effective from passage) The Commissioner of Environmental Protection shall study the economic feasibility of the state purchase and ownership of solid waste disposal areas. In conducting such study, the commissioner shall examine the following issues: (1) Whether the state or a private entity is better suited to acquire and maintain such areas, (2) any costs associated with the acquisition, maintenance and permitting of such areas that will not be put into use, and (3) the conditions that would be necessary to put such areas into use, including, but not limited to, the presence of uncompetitive disposal practices or other unreasonably high disposal costs and the minimum and maximum amount of time such areas should be owned by the state prior to use or sale of such areas. Not later than July 1, 2011, the commissioner, in accordance with section 11-4a of the general statutes, shall report the findings of such study and any concomitant recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to the environment.
Sec. 6. Section 22a-208e of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The owner or operator of each resources recovery facility and each solid waste disposal area shall submit a report to the Commissioner of Environmental Protection quarterly with respect to the calendar quarter beginning on October 1, 1989, and each calendar quarter thereafter, on or before the last day of the month immediately following the end of each quarter. Such report shall be on a form prescribed by the commissioner and shall provide such information the commissioner deems necessary, including but not limited to, the amount of solid waste, by weight or other method acceptable to the commissioner, received from each municipal or other customer and the name and address of the applicable solid waste collector, as defined in subsection (g) of section 22a-220g. Such report shall also include for each Connecticut municipality the total amount of solid waste originating therefrom. The owner or operator shall submit to each such municipality a copy of all such information pertaining to the municipality. If precise data are not available, the owner or operator may use a method of estimating acceptable to the commissioner.
(b) The commissioner may require the owner or operator of any other solid waste facility and, consistent with the requirements of subsection (c) of this section and section 22a-208f, the owner or operator of any recycling facility to report the information specified in subsection (a) in the manner set forth in said subsection. Such requirement shall be made by written notification to the owner or operator of the facility.
(c) The owner or operator of any recycling facility which receives for processing or sale the following items generated from within the boundaries of a Connecticut municipality: (1) Cardboard, (2) glass, food and beverage containers, (3) leaves, (4) metal food and beverage containers, (5) newspapers, (6) storage batteries, (7) waste oil, (8) plastic food and beverage containers, and (9) office paper, shall report for each such item the information specified in subsection (a) of this section in the manner set forth in said subsection. If a municipality or collector of recyclable items delivers any of the items listed in this subsection to a recycling facility which is not located in this state, such municipality or collector shall notify the commissioner of the name and address of the owner or operator of such facility and shall ensure, by contract, that such facility has notice of and complies with the reporting requirements of this section. As used in this section, "office paper" means used or discarded white or manila paper including, but not limited to, paper utilized for file folders, tab cards, writing, typing, printing, computer printing and photocopying, which paper is suitable for recycling, but does not mean office paper generated by households.
(d) Not later than July 1, 2011, the commissioner shall require any data submitted pursuant to this section to be submitted electronically. The commissioner shall notify any owner or operator of any resources recovery facility, solid waste disposal area, solid waste facility or recycling facility who is required to submit data pursuant to this section that any submission made after the effective date of this section may be made electronically. The commissioner shall notify any such owner or operator of any resources recovery facility, solid waste disposal area, solid waste facility or recycling facility of the electronic format that is acceptable to the commissioner, provided any data submitted electronically shall be clearly labeled with easily identifiable categories. The commissioner shall develop an electronic verification system that enables any such owner or operator of any resources recovery facility, solid waste disposal area, solid waste facility or recycling facility to make such an electronic submission without the need to submit a concomitant paper copy that is signed by such owner or operator.
(e) Not later than three months after the submission of any data pursuant to this section, the commissioner shall post such data on the department's web site. The commissioner shall indicate, at the time of such posting, whether such data is verified. On or before January fifteenth of each year, the commissioner shall verify and post on the department's web site any information submitted pursuant to this section.
Sec. 7. Section 22a-228 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Commissioner of Environmental Protection shall adopt regulations in accordance with the provisions of chapter 54 establishing procedures for adopting and amending a state-wide solid waste management plan and for granting temporary variances from the provisions of the plan. Such regulations shall require notice to each affected municipality by certified mail, return receipt requested, and an opportunity for public comment, including regional hearings, and shall assure full consideration of and response to any comments received by the commissioner. The state-wide solid waste management plan shall be adopted and amended in accordance with such regulations, but shall not be deemed to be a regulation for purposes of chapter 54.
(b) On or after January 1, 1987, the Commissioner of Environmental Protection shall adopt a state-wide solid waste management plan which shall incorporate each municipal solid waste management plan approved pursuant to section 22a-227. The plan shall establish specific goals for source reduction, bulky waste recycling and composting. The plan shall establish the following order of priority for managing solid waste: Source reduction; recycling; composting of yard waste or vegetable matter; bulky waste recycling; resource recovery or waste-to-energy plants; incineration and landfilling.
(c) The commissioner shall amend said plan to include an assessment of the amount of landfill capacity needed in the state for landfills for residue from resources recovery facilities, ash from municipal incinerators and for bulky waste. Such assessment shall include (1) a projection of the annual capacity needed for the twenty-year period commencing on July 1, 1989, and (2) a minimum and maximum number of landfills in simultaneous operation required to dispose of such residue, ash or waste. Such amendment shall be available to the public on or before January 1, 1989.
(d) On or before January 1, 1990, the Commissioner of Environmental Protection shall revise the state-wide solid waste management plan to include a source reduction component that outlines specific strategies to reduce the solid waste generated in this state by an amount not less than the amount required to maintain until the year 2010 the annual per capita solid waste generation rate at the rate estimated by the commissioner in 1988. Such strategies shall include measures to reduce waste from packaging materials and disposable products.
(e) On or before July 1, 2016, and every ten years thereafter, the commissioner shall revise the state-wide solid waste management plan. Not later than July 1, 2011, and every ten years thereafter, the commissioner shall prepare and publish an addendum to the solid waste management plan that is in effect. Such addendum shall include, but not be limited to, a comparison of the state's actual performance with the projections contained in such plan, any revised projections for the remaining duration of such plan and the status of the state's accomplishment in achieving any goals contained in such plan.
Sec. 8. (Effective from passage) Not later than January 1, 2011, the Commissioner of Environmental Protection, in accordance with the provisions of section 11-4a of the general statutes, shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to the environment a report on the Department of Environmental Protection's landfill monitoring practices. Such report shall include, but not be limited to: (1) An assessment of the department's efficacy in monitoring landfills at a level that adequately protects the environment and public health, (2) recommendations concerning any changes that should be made in the department's landfill monitoring practices, including any proposed increase or decrease in monitoring and whether a third party should perform such monitoring, and (3) an estimate of the costs associated with any proposed changes in the department's landfill monitoring practices.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
from passage |
22a-241b |
Sec. 2 |
from passage |
New section |
Sec. 3 |
from passage |
New section |
Sec. 4 |
from passage |
22a-220a |
Sec. 5 |
from passage |
New section |
Sec. 6 |
from passage |
22a-208e |
Sec. 7 |
from passage |
22a-228 |
Sec. 8 |
from passage |
New section |
PRI |
Joint Favorable Subst. C/R |
ENV |