CGS Section 22a-454 Waste Facility

An Environmental Permitting Fact Sheet

Program Overview

This permit program, administered by the Bureau of Materials Management and Compliance Assurance, regulates facilities engaged in the collection, storage, treatment or disposal of waste oil, petroleum, chemical liquids or hazardous wastes. In reviewing a permit application, the Engineering and Enforcement Division considers the proposed activities to ensure that they will not result in pollution or contamination, create an emergency, or result in a violation of the Connecticut Hazardous Waste Management Regulations. The applicant's compliance history is also reviewed.

RCRA hazardous wastes are the wastes identified in Title 40 Code of Federal Regulations (CFR) Part 261 and regulated in Connecticut pursuant to Sections 22a-449(c)-100 through 110 and 22a-449(c)-11 of the Regulations of Connecticut State Agencies (RCSA).

Non-RCRA hazardous wastes include waste oils or petroleum or chemical liquids and hazardous wastes as defined in Section 22a-448 of the Connecticut General Statutes (CGS).

Note: A facility that manages only its own Non-RCRA hazardous waste and does not accept hazardous waste of any kind from off-site does not need a CGS Section 22a-454 permit for the treatment or storage of its own Non-RCRA hazardous waste. However, a RCRA Part A and Part B permit pursuant to regulations adopted under CGS Section 22a-449 may be necessary to manage its own RCRA hazardous wastes. Consult the Hazardous Waste Treatment, Storage and Disposal Facilities Fact Sheet (DEP-WEED-FS-600) for further information.

Authorizing Statutes

Sections 22a-454 and 22a-449(c) of the Connecticut General Statutes (CGS)

Regulations

Sections 22a-449(c)-100 through 110 and 22a-449(c)-11 of the Regulations of Connecticut State Agencies (RCSA)

Who Must Apply

Any person engaged in the business of collecting, storing, treating or disposing of waste oil, petroleum, chemical liquids, or hazardous wastes. Hazardous wastes are separated into RCRA hazardous wastes and Non-RCRA hazardous wastes.

Required Application Documents

CGS Section 22a-454 Waste Facility Individual Permit Application Form (DEP-WEED-APP-300), including supporting documentation such as an executive summary, business information, compliance information, facility plans, and facility engineering documents; Permit Application Transmittal Form (DEP-APP-001); Applicant Compliance Information (DEP-APP-002).

Facilities that seek to manage RCRA hazardous wastes must also submit Part A and Part B permit applications pursuant to RCSA Sections 22a-449(c)-100 through 110.

Fees

Review and Processing

Upon receipt of the application package, application fee, and certified copy of a Notice of Application, a preliminary review of the application is conducted for sufficiency and general consistency with applicable standards and criteria. A detailed technical review is then conducted to ensure that the application information adequately identifies waste management operations, sound data development, record keeping practices, personnel training requirements, and overall facility design and operations. Upon completion of this technical review, a tentative determination to grant or deny the permit application will be made by the Commissioner. A Notice of Tentative Determination will be published and public comments will be solicited on that tentative determination. In some cases, a public hearing may be held. After the completion of the technical review and consideration of any public comments, and subsequent to the close of any hearing, DEEP will issue a final decision on the permit application.

Unique Processing Features

Siting Council Approval: CGS Section 22a-117 prohibits commencement of construction or modification of a hazardous waste facility, unless such person has been issued a certificate of public safety and necessity by the Connecticut Siting Council, unless such person is exempt from such requirement pursuant to CGS Section 22a-117(b). If the project has the potential to impact any endangered or threatened species, or species of special concern, or their essential habitats, the application will require additional review by the Natural Diversity Data Base Staff.

Public Participation

The applicant is responsible for publishing a Notice of Application when the application is submitted to DEEP. Once this notice is published, the applicant must send a copy of the notice to the Chief Elected Official of the municipality in which the regulated activity is proposed, and send a copy of the notice, along with the Certification of Notice Form – Notice of Application (DEP-APP-005A), to DEEP. After technical review, a draft permit is prepared and a notice stating DEEP's tentative determination to grant or deny the permit is published. Following publication of the Notice of Tentative Determination, there is a thirty day comment period provided for CGS Section 22a-454 Waste Facility permits. When required to apply for both a CGS Section 22a-454 and a CGS Section 22a-449 permit, there is a forty-five day comment period. All public comments are reviewed and, where appropriate, the draft permit is revised. A public hearing may be held. A hearing must be held if a petition containing more than twenty-five signatures is submitted to DEEP requesting a public hearing. DEEP may require an applicant to post a sign on the site or to provide any other reasonable form of notice necessary to apprise the public and abutting landowners of the proposed activity.Average Processing Time

Average Processing Time

Not to exceed five years

Contact Information

Bureau of Materials Management and Compliance Assurance
Department of Energy and Environmental Protection
79 Elm Street
Hartford, CT 06106-5127
860-424-3366

Fact Sheet DEEP-WEED-FS-300

Content Last Updated June, 2013

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