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NTE Connecticut LLC, Killingly

Notice Of Tentative Decision Intent To Issue A State Permit For The Following Discharge Into The Waters Of the State Of Connecticut



The Commissioner of Energy and Environmental Protection (“the Commissioner”) hereby gives notice of a tentative decision to issue a permit based on an application submitted by NTE Connecticut, LLC ("the applicant") under section 22a‑430 of the Connecticut General Statutes (“CGS”) for a permit to discharge into the waters of the state.


In accordance with applicable federal and state law, the Commissioner has made a tentative decision that the proposed system to treat the discharge will protect the waters of the state from pollution.


The Commissioner proposes to require the applicant to submit plans and specifications of the proposed treatment system and such additional information as the Commissioner deems necessary to ensure the protection of the waters of the state from pollution.  If such plans are approved by the Commissioner and the treatment system is constructed in full compliance with the approval, the Commissioner proposes to issue a permit for this discharge to the sewer.


The proposed permit, if issued by the Commissioner, will require that wastewater be treated and periodically monitored to demonstrate it meets permit effluent limitations.


The Commissioner originally published notice of the tentative decision in the Norwich Bulletin and on the Department of Energy and Environmental Protection (“Department”) website on March 5, 2020.  During this time the Department’s website migrated to a new platform.  However, a delay occurred in the migration of the corresponding “eAlert” system that provides the public electronic notification of notices posted on the Department’s website.  The delay did not come to the attention of the Department until after the close of the thirty (30) day comment period for the original public notice. For this reason, the Commissioner is reissuing the notice of tentative decision and providing an additional thirty (30) day comment period.



NTE Connecticut, LLC proposes to discharge a maximum of 90,000 gallons per day of low volume wastewaters from steam electric power generation operations at the Killingly Energy Center to the Killingly Water Pollution Control Facility.


The name and mailing address of the permit applicant are:


NTE Connecticut, LLC

24 Cathedral Place, Suite 300

Saint Augustine, Florida 32084


The proposed activity will take place at:


Killingly Energy Center

189 Lake Road

Killingly, Connecticut 06241




Type of Treatment


Wastewater from the plant floor drains will be passed through an oil/water separator to remove oil and grit prior to the operational sump (DSN 201-1).


Effluent Limitations


This permit contains effluent limitations and conditions consistent with Case by Case Determination using the criteria of Best Professional Judgement and 40 CFR 423.17(b) Steam Electric Power Generating Point Source Category Pretreatment Standards for New Sources (PSNS) and will protect the waters of the state from pollution when all of the conditions of the permit have been met.


In accordance with section 22a‑430‑4(l) of the Regulations of Connecticut State Agencies (“RCSA”), the permit contains effluent limitations for temperature, heavy metals and pH.


Compliance Schedule


This permit contains an enforceable compliance schedule which requires the applicant to notify the Commissioner when commercial operations commence, submit an updated operation and maintenance plan for the wastewater treatment system once built, and submit a detailed analytical analysis of the discharge once commercial operations begin.



The Commissioner is authorized to approve or deny such permits pursuant to section 22a‑430 of the CGS and the Water Discharge Permit Regulations (section 22a‑430‑3 and 4 of the RCSA).



The application has been assigned the following numbers by the Department of Energy and Environmental Protection. Please use these numbers when corresponding with this office regarding this application.


APPLICATION NO. 201615592                PERMIT ID NO. SP0002475


Interested persons may obtain copies of the application from


Tim Eves

NTE Connecticut, LLC

24 Cathedral Place, Suite 300

Saint Augustine, Florida 32084



The application is available for inspection by contacting Stephen Edwards at the Water Permitting and Enforcement Division, Bureau of Materials Management and Compliance Assurance, Department of Energy and Environmental Protection, 79 Elm Street, Hartford, CT 06106‑5127 or at 860 424 3838 from 8:30 ‑ 4:30, Monday through Friday.

Any interested person may request in writing that his or her name be put on a mailing list to receive notice of intent to issue any permit to discharge to the surface waters of the state. Such request may be for the entire state or any geographic area of the state and shall clearly state in writing the name and mailing address of the interested person and the area for which notices are requested.

Prior to making a final decision to approve or deny any application, the Commissioner shall consider written comments on the application from interested persons that are received within thirty (30) days from the date of publication of this public notice. Written comments should be directed to Stephen Edwards, Bureau of Materials Management and Compliance Assurance, Department of Energy and Environmental Protection, 79 Elm Street, Hartford, CT 06106‑5127. The Commissioner may hold a public hearing prior to approving or denying an application if in the Commissioner's discretion the public interest will be best served thereby, and shall hold a hearing upon receipt of a petition signed by at least twenty-five (25) persons.  Notice of any public hearing shall be published at least thirty (30) days prior to the hearing.

Petitions for a hearing shall be submitted within thirty (30) days from the date of publication of this public notice and should include the application number noted above and also identify a contact person to receive notifications. Petitions may also identify a person who is authorized to engage in discussions regarding the application and, if resolution is reached, withdraw the petition. In order to facilitate the filing of requests for hearing during the COVID-19 emergency and consistent with the Department’s Temporary Directive, the Office of Adjudications will accept electronically-filed petitions in addition to petitions submitted by mail.  Petitions with required signatures may be filed by email to the Office of Adjudications at or mailed to the DEEP Office of Adjudications, 79 Elm Street, Hartford, CT 06106.  Within thirty (30) days, original petitions that were filed electronically must be also be mailed to the Office of Adjudications at the above-noted address. If the original petition exists only in electronic format or signatures were produced using a computer or typewriter, the petition must be submitted with a statement bearing the wet-ink signature of the petitioner that the petition is only available in that format and has been submitted to satisfy the requirement that an original petition be filed. Additional information can be found at


/s/Oswald Inglese, Jr, Director

Water Permitting and Enforcement Division

Bureau of Materials Management and Compliance Assurance


Published on April 27, 2020 in the Norwich Bulletin.

Draft Permit

Fact Sheet