Solid Waste Facility
An Environmental Permitting Fact Sheet
This permit program, administered by the Bureau of Materials Management and Compliance Assurance, regulates a variety of activities related to solid waste disposal or waste processing activities (storage, transfer, volume reduction, recycling, incineration, etc.). DEEP uses both individual and general permits to regulate solid waste facilities. Individual permits are issued directly to an applicant, whereas general permits are permits issued to authorize similar minor activities by one or more applicants. Authorization of an activity under a general permit is governed by that general permit. Since the general permit process may be quicker and less costly, check the List of General Permits fact sheet (DEEP-FS-004) to determine whether any of your activities may be eligible for authorization under a general permit before applying for an individual permit.
In reviewing a permit application, the Waste Engineering and Enforcement Division ensures that all proposed solid waste facilities provide for proper planning, design, construction, operation, monitoring, closure and post-closure maintenance so that health and safety are safeguarded and the environment is protected.
Chapters 446d and 446k of the Connecticut General Statutes (CGS)
Sections 22a-208a-1 and 22a-209-1 through 22a-209-17 of the Regulations of Connecticut State Agencies (RCSA)
Who Must Apply
Any person proposing to construct, alter or operate a solid waste facility must obtain a permit. Regulated activities include, without limitation:
consolidating or transferring solid waste
consolidating or transferring waste suitable for recycling
incinerating waste for volume reduction and resources recovery purposes
processing waste for volume reduction purposes (greater than one ton per hour)
waste composting activities
storage/landfilling of solid waste including residue
biomedical waste processing, consolidation or transfer
consolidating or transferring household hazardous waste
intermediate processing of solid wastes
A permit may not be transferred without prior written approval from DEEP. To request a permit transfer, a License Transfer Form (DEP-APP-006) must be submitted, with all required supporting documents, within thirty days of the proposed transfer.
Required Application Documents
Permit Application for Construction and Operation of a Solid Waste Facility (DEP-SW-APP-100), including supporting documentation such as site plans, USGS topographic quadrangle map (8 ½" x 11" copy or original), applicant/owner/ operator information, ownership documents, and control and use agreements; Permit Application Transmittal Form (DEP-APP-001); Applicant Compliance Information (DEP-APP-002).
The application fees are specific to the permitted activity and are set forth in RCSA Section 22a-208a-1. The application fees range from $1,375.00 for a minor amendment to an existing landfill permit to $138,250.00 for a new resources recovery facility permit.
Review and Processing
Upon receipt of the application package, the application fee and the certified copy of the 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 determine compliance with the Solid Waste Management Regulations, consistency with the Solid Waste Management Plan, the extent of any potential adverse impacts to the environment, and where required by statute, a determination of need. 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 in a newspaper having substantial circulation in the affected area and public comments will be solicited on the tentative determination. In some cases, a public hearing may be held. After 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
Each application is subject to review by DEEP's Waste Engineering and Enforcement Division to determine the facility's consistency with the State Solid Waste Management Plan. In addition, pursuant to CGS Section 22a-208d, a written determination of need is required for a resources recovery facility, a mixed municipal solid waste facility composting facility, ash residue disposal area, or mixed municipal solid waste disposal area. 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.
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, within five (5) business days of the date on which the subject application is filed with the DEEP, and send an affidavit of publication from the newspaper and a completed Certification of Notice Form – Notice of Application (DEP-APP-005A), to DEEP. After the technical review, a second public notice stating DEEP's tentative determination to grant or deny the permit is published by the Commissioner. There is a thirty day comment period following publication of the Notice of Tentative Determination. DEEP may hold a public hearing on the application, however it must hold a public hearing for any new application involving a landfill. A public hearing must also be held if a petition containing more than twenty-five signatures is submitted to DEEP requesting a public hearing for any type of solid waste facility. 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.
Environmental Justice Public Participation
Public Act 08-94, along with the Department’s existing Environmental Justice Policy, requires applicants seeking a permit for a new or expanded "applicable facility" that is proposed to be located in an "environmental justice community," to file an Environmental Justice Public Participation Plan with and receive approval from the Department prior to filing any application for such permit. Refer to www.ct.gov/deep/environmentaljustice for the definitions of "applicable facility" and "environmental justice community" and guidance to comply with Public Act 08-94 and the Environmental Justice Policy.
Average Processing Time
Solid Waste Processing Facilities: 5 years
Solid Waste Landfills: duration based on capacity; permits generally provide that the permittee must also comply with maintenance and monitoring requirements for a thirty year post closure period
Bureau of Materials Management and Compliance Assurance
Department of Energy and Environmental Protection
79 Elm Street
Hartford, CT 06106-5127
Fact Sheet DEEP-SW-FS-100
Content Last Updated June, 2013