Permitting Process for Solid Waste Facilities Applying for an Individual Permit

The following provides an overview of the permitting process for solid waste facilities that are applying for an individual permit.  Additional references are listed at the bottom.

• The applicant is advised to request a Pre-Application Meeting as soon as possible in the project design process, and before preparing or submitting any permit application(s) to DEEP.  During a Pre-Application Meeting, the applicant will be provided with an invaluable opportunity to meet with staff from all the applicable DEEP programs, and learn about the DEEP permit(s) or approval(s) that may apply to the proposed project before any time or other resources have been invested in the project.  In order to schedule a Pre-Application Meeting, the applicant must complete and submit a Pre-Application Questionnaire to DEEP.  This form (and other information about Pre-Application Meetings) is available on the DEEP's web page entitled "Pre-Application Assistance."
• If the location of the facility (either being proposed or proposing a new activity) falls within an Economically Distressed Municipality or an Environmental Justice Community, the applicant must have drafted and submitted a Public Participation Plan for approval by the Department of Energy and Environmental Protection or the Connecticut Siting Council.
• Applicant must also have also consulted with the chief elected official of the municipality in order to evaluate the need for a community environmental benefit agreement, as required by Connecticut General Statutes (CGS), Section 22a-20a.

Once the Permit Application is Submitted to Department:

• Department staff conducts an initial review (Sufficiency Review) to determine if all necessary items (i.e., complete form, compliance information, appropriate fee, etc.) have been submitted.
• The applicant must provide written notification of the pending application to the chief elected official of the host municipality.
• The applicant must immediately publish notice of the application in the local newspaper and send certification of such publication to the Department.

Technical Review:

Tentative Determination:

• Upon completion of the technical review, staff will make a tentative determination on whether the permit application should be approved or denied. Written notification will be provided to the applicant.
• The Department publishes a notice of tentative determination to issue or deny the permit in a local newspaper and provides applicant with an invoice for the costs of publication.
  • Generally a thirty (30) day public comment period commences on date of publication.
  • During the comment period the Department accepts written comments on the proposed permit.
  • The public may petition for an administrative hearing regarding the tentative determination to issue or deny the permit.
• If the determination is made to approve the application and hence issue the permit, then a draft permit is prepared to be included with the public notice.

Administrative Hearing/Proposed Decision:

• If a hearing is called, Department Office of Adjudications conducts the public hearing on the proposed disposition of the permit application (issuance or denial of permit).
  • The hearing is usually conducted in the municipality where the facility will be located. (If the hearing is multi-day, only the first date may be in the local municipality). 
  • Members of the public may comment and offer information; and may also offer evidence under oath subject to cross-examination.
  • Testimony and evidence is presented to the hearing officer by the applicant, Department staff and other parties to the proceeding.
• Unless authorized to render a final decision, the hearing officer drafts a proposed decision based on the record established at the hearing.
• The hearing officer forwards the proposed decision to the Commissioner and to the parties and any interested persons who have requested notice of the decision.

Oral Argument:

• Parties may file exceptions to the proposed decision and may also request an opportunity to present oral argument before the Commissioner on those exceptions.
• If no exceptions are filed, the Commissioner can adopt hearing officer’s proposed decision as final decision, impose additional requirements in final decision or reject the proposed decision and render the Commissioner’s own final decision.

Final Decision:

• If final decision has been rendered to issue a permit as proposed or with modifications, staff finalizes permit and submits permit for Commissioner’s signature.
• Signed permit is directed to applicant for implementation.

Appeal:

• Parties have the right to appeal all final decisions to the Superior Court within 45 days from the date the final decision is issued.
• This does not impact Department issuance of the permit, unless the Court orders otherwise.

The Department of Energy and Environmental Protection’s, Solid Waste Facility Permit application review as well as permit drafting and issuance is prescribed under CGS Section 22a-208a, RCSA Sections 22a-3a-5 and 6 and 22a-209-1. The fees associated with the submission of an application for the construction, operation or modification of a Solid Waste Facility can be found in RCSA Section 22a-208a-1 as amended from time to time.

Additional References:

• User’s Guide to Environmental Permits - fact sheets describing each of the Department permit programs to help permit applicants and others understand the environmental permitting process.
• Glossary of Common Department Permitting Terms
• The Hearing Process

Content Last Updated on August 16, 2019