Section 22a-241b-4 - Municipal requirements(a)Planning Requirements.(1) Prior to January 1,1991, a municipality shall be deemed to be in compliance with these regulations if it is participating in a regional planning process for recycling approved by the Commissioner or is implementing a recycling plan developed in accordance with the provisions of section 22a-241c of the Connnecticut General Statutes, and approved by the Commissioner in accordance with subsection (c) of Section 22a-227 of the Connecticut General Statutes. Such plan shall at a minimum include a program and schedule to ensure that service will be available by January 1, 1991, for the recycling of each item designated in Section 22a-241b-2, or such other date as provided for by subsection (b) of this section. The plan shall also include interim target dates for recycling items specified in Section 22a-241b-2, for which service is currently available or can be anticipated to become available prior to January 1, 1991. Such plans shall be coordinated with the plans prepared by solid waste facilities in accordance with Section 22a-241b-3 and shall describe the methods of public information and enforcement that will be utilized to ensure that the recycling program is implemented.(2) In reviewing a plan required by subdivision (a) (1) of this section or when issuing an order pursuant to Sections 22a-241d through 22a-241e inclusive of the Connecticut General Statutes, the Commissioner shall determine when service is available to a municipality and shall deem such service acceptable after considering the status of facilities and systems designed to recycle items. In determining the availability and acceptability of service, facilities and systems, the Commissioner shall consider the following factors: both positive and negative impacts on public health and the environment; severe economic impacts on the municipality, if any; the economic stability of the service; the availability of markets or alternate disposal methods; the capacity to provide service to the municipalities; the date on which service will be available; and the technical viability of the system or facility.(b)Exceptions.(1) Except as provided in Section 22a-241f of the Connecticut General Statutes and subdivision (a) (2) of Section 22a-241b-2, any municipality or regional authority may apply to the Commissioner for approval to landfill or incinerate one or more of the items listed in Section 22a-241b-2 for a period to be determined by the Commissioner. The Commissioner shall consider such applications based on, but not limited to, the following factors: the availability of markets; the availability of local processing systems; the availability of regional processing centers; the desirability of alternate utilization techniques; any negative impacts on public health or the environment associated with recycling of the item or items; and severe economic impact. After consideration of the application, the Commissioner shall issue a proposed decision in the matter. Such decision shall specify the approved items, if any, any conditions the Commissioner may require, the municipality or municipalities to which the exception applies, and the time period for which the approval is granted. The Commissioner shall publish in the Connecticut Law Journal a notice of the proposed decision on each such application.
(2) Any municipality, regional authority, or group of twenty-five or more persons which is aggrieved by the Commissioner's proposed decision and which requests a hearing within 30 days of the date of publication of the proposed decision may be granted a hearing. Following such hearing the Commissioner shall issue a final decision in the matter. Such decision shall specify the approved items, if any, any conditions the Commissioner may require, the municipality or municipalities to which the exception applies, and the time period for which the exception is granted. Any party to the hearing who is aggrieved by the final decision of the Commissioner may appeal the decision to the Superior Court as provided for in Section 4-183 of the Connecticut General Statutes.(3) Except as provided in Section 22a-241f of the Connecticut General Statutes and subdivision (a) (2) of Section 22a-241b-2, the Commissioner may on his or her initiative determine that one or more of the items specified in Section 22a-241b-2 should be landfilled or incinerated for a period to be determined by the Commissioner in order to best serve the public interest. Such determination shall be based on but not limited to the following factors: the availability of markets; the availability of local processing systems; the availability of regional processing centers; the desirability of alternate utilization techniques; impacts on public health or the environment associated with recycling of the item or items; and severe economic impact. The Commissioner shall publish in the Connecticut Law Journal a notice of the proposed exception. Such notice shall specify the proposed items, any conditions the Commissioner may require, the municipality or municipalities to which the exception applies, and the time period for which the exception is granted.(4) Any municipality, regional authority, or group of twenty-five or more persons which is aggrieved by the Commissioner's proposed exception, and which requests a hearing within 30 days of the date of publication of the proposed decision, may be granted a hearing. Following such a hearing the Commissioner shall issue a final decision in the matter. Any party to the hearing who is aggrieved by the final decision of the Commissioner may appeal the decision to the Superior Court as provided for in Section 4-183 of the Connecticut General Statutes.(c)Reporting Requirements. Each municipal authority, regional recycling authority, or intermediate processing center shall keep a record by recyclable item of the amount of solid waste recycled through municipally or regionally sponsored programs and shall submit this information to the Commissioner by the first day of July of each year. The quantity of solid waste recycled shall be reported on forms provided by the Commissioner. Such forms shall provide for the measurement of quantities of each item listed in Section 22a-241b-2 by generating municipality or recycling region, in the appropriate volume or weight unit and to an accuracy that the Commissioner deems acceptable for compliance with the purposes of the solid waste management plan of the state.Conn. Agencies Regs. § 22a-241b-4
Effective February 28, 1989