Council on Environmental Quality Meeting Minutes

Minutes of the June 28, 2023, meeting of the Council on Environmental Quality (Council). 

MEMBERS PRESENT: Keith Ainsworth (Acting Chair), Kip Kolesinskas, Charles Vidich, David Kalafa, William Warzecha, Alicea Charamut, Christopher Donnelly, Matt Reiser, and Denise Rodosevich.

ALSO IN ATTENDANCE: Paul Aresta (Executive Director), Nicholas Velseboer (Environmental Analyst), Andrew W. Minikowski (Department of Energy and Environmental Protection (DEEP)), Kathleen Reiser (DEEP), Eric Hammerling (DEEP), Bruce Wittchen (Office of Policy and Management (OPM)), Rebecca Dahl – (OPM), Justine Phillips-Gallucci (OPM), Rebecca Augur (OPM), Bruce Bennett, Heidi Cunnick, and Anna Timell. 

1. Call to Order: Establishment of a Quorum
At 9:30 AM, Ainsworth called the meeting to order, took attendance, and confirmed that there was a quorum of Council members present.

Ainsworth noted that representatives from the Office of Adjudications (OOAD) at DEEP were present to provide information and suggested changing the order of the agenda items. Charamut made a motion to revise the order of the agenda items to allow the representatives of the OOAD to present in advance of the Citizen Comment Period; seconded by Warzecha. The motion passed unanimously.

2. Approval of Minutes of May 24, 2023
Vidich made a motion to approve the draft minutes of May 24, 2023; seconded by Rodosevich. The motion was approved with Ainsworth and M. Reiser abstaining because they were not present at the previous meeting.

3. Chair’s Report
Ainsworth introduced Nicholas Velseboer as the newest member of the Council’s staff. Velseboer provided an overview of his education and experience.

4. DEEP Office of Adjudications Presentation
Andrew Minikowski and Kathleen Reiser from the OOAD at DEEP provided a brief presentation on the adjudication process. Minikowski and K. Reiser noted the importance of public transparency and explained how the public can be involved in the adjudication process, including hearings and site visits. Minikowski and K. Reiser also explained that the OOAD is within DEEP, but the OOAD is impartial and makes decisions based on the information in the record during a contested proceeding. Minikowski and K. Reiser responded to additional questions from the Council members.

5. Citizen Comment Period
Heidi Cunnick, Bruce Bennett, and Anna Timell raised concerns regarding the application of herbicides near sensitive environmental resources within the right of way (ROW) of the Housatonic Railroad Corporation (HRRC) in northwest Connecticut. Bennett requested advice and direction from the Council on how best to address their concerns and obtain information from the HRRC regarding vegetation management. Kalafa, Ainsworth, and Vidich suggested engaging with legislative representatives and local officials and noted that the political process might be an effective means of addressing their concerns. Charamut suggested sending information regarding their concerns to the Water Planning Council and Rodosevich suggested reaching out to the Department of Transportation (DOT) regarding the details of the lease to the HRRC. Warzecha suggested contacting both the Pesticide Management Program and the Remediation Division at DEEP. Ainsworth noted that the Council could consider specific recommendations regarding guidelines for the application of herbicides within railroad ROWs and might provide a letter of support, if appropriate.

6. Citizen Complaints and Inquiries Received

• Velseboer reported that the Council received an email from a resident and member of the Housatonic River Commission (HRC) requesting support for legislation to adopt proposed draft guidelines for herbicide spraying by the HRRC within their ROW.
  
  
• Velseboer reported that the Council received an inquiry regarding the preservation of farmland in Stratford. Aresta provided contact information for the Open Space and Watershed Land Acquisition Grant Program (OSWA), administered by DEEP; the Connecticut Land Conservation Council; and the Connecticut Farmland Trust.
  
  
• Velseboer reported that the Council received a complaint about noise generated by Bristol Hospital. Velseboer added that the town of Bristol sent a representative to test the noise level and it was found to be within acceptable limits; however, the complainant believes the noise measurements might be inaccurate. Velseboer informed the complainant that enforcement of the town’s noise ordinance is done at the local level. Ainsworth noted that the complainant might want to obtain their own data regarding noise levels in the area.
  
  
• Velseboer reported that the Council received a complaint that swine, which are reportedly being kept nearby and being fed garbage, are creating odor and their waste could adversely impact water resources. Velseboer added that the town of Suffield has issued corrective order and given the farm a deadline of July 1 to comply. He added that the Council provided contact information for the Department of Agriculture (DOA) in reference to their swine garbage feeding permit and a fact sheet regarding DEEP’s General Permit for Concentrated Animal Feeding Operations (CAFO GP).
  
  
• Velseboer reported that the Council received an inquiry from a homeowner interested in solar energy, and what type of tax credits and rebates were available. The caller was provided with the information that was requested.
  
  
• Aresta reported that he contacted the DOA to inquire if the agency had issued a decision about the development rights for the property in Sharon. He added that staff at the DOA has not responded and that the Council might send a letter directly to the Commissioner of DOA.
  
  
• Aresta reported that he received information from the Department of Health (DPH) regarding the status of the drinking water at the former Southeast School in Mansfield. He added that the DPH indicated that the required water quality testing is in compliance with applicable regulations with respect to water quality.

Ainsworth noted that the Council would take a five-minute break at 10:47 AM. The Council meeting resumed at 10:52 AM.

7. Executive Director’s Report

• Aresta reported that an issue was raised regarding an old link/website being used for another purpose and that the Department of Administrative Services (DAS) recommended removing the hyperlink to the text, but not otherwise changing the public record. He added that legal staff at DEEP is also looking into the issue. Aresta reviewed two recommended changes to the “forms” for notices in the Environmental Monitor.
  
  
• Aresta reported that he contacted DEEP regarding the proposed land transfers in North Canaan and DEEP responded that the agency looked at the property for acquisition and is not interested in acquiring those properties. He added that DEEP indicated that the agency is coordinating with the town and local advocates and are exploring options for the parcels’ protection.
  
  
• Aresta reported that the Council received a Press Release regarding the proposed bridge replacement project for the Bosworth Road Bridge in Pomfret. He noted that comments have been developed that include recommendations for the protection of state-listed species and wetlands.
  
  Warzecha made a motion to approve the draft comments for the proposed bridge replacement project in Pomfret; seconded by Rodosevich. The motion passed unanimously.
  
  
• Aresta reported that the United States Army Corps of Engineers and its Engineer Research and Development Center’s (ERDC) Aquatic Plant Control Research Program will lead a demonstration project to determine the effectiveness of herbicides to safely reduce and control the spread of the hydrilla in the Connecticut River. The ERDC will be hosting an informational webinar / meeting on Thursday, June 29, 2023 at 7:00 PM.
  
  
• Aresta noted that he received information regarding the invasive species/plant coordinator from the Invasive Plant Council meeting. It was reported that the University of Connecticut (UConn) has a Memorandum of Understanding (MOU) with DEEP, the position has been funded, the search committee for the position has been formed, and UConn anticipates filling the position in the fourth quarter of 2023.

8. State Agency and Legislative Actions 
a. DEEP

• Release-Based Remediation Program – update
  Aresta summarized the most recent meeting of the Release-Based Remediation Working Group and noted that DEEP primarily provided answers to questions received regarding the proposed tiers checklist and reporting requirements. He added that DEEP decided to form an ad-hoc subcommittee to examine hypothetical scenarios for the checklist. The next meeting of the Working Group is scheduled for July 11, 2023.
  
  
• Connecticut Lakes, Rivers and Ponds Preservation Account (Account)– Request for Information
  Aresta noted that he contacted the Bureau Chief for Natural Resources regarding the request for information for the Account and received a prompt reply that DEEP is working on providing the answers to the questions on how the funds in the Account are being used. He noted that some information was provided; however, information on expenditures is still pending.
  
  
• Comprehensive General Permit for Discharges to Surface Water and Groundwater
  Aresta reported that DEEP will be revising the General Permit for Discharges to Surface Water and Groundwater and noted the activities that would be subject to the General Permit. He added that comments regarding recommended changes to the General Permit are due by July 14 and the final revised draft General Permit is expected in the fall of 2024. No comments are recommended.
  
  
• Draft 2024-2028 Nitrogen General Permit
  Aresta reported that the draft General Permit authorizes the discharge of total nitrogen discharged by publicly owned treatment works (POTWs), which treat domestic sewage. He noted that the draft General Permit specifies “wasteload allocation” (WLA) for each POTW, which are the same as the final WLAs that are in the current General Permit issued in 2019. Aresta added that the Council’s Annual Report indicates that nitrogen discharges have decreased from 2012 to 2022. Vidich questioned the status of hypoxic conditions in Long Island Sound. No comments are recommended.

b. Connecticut Siting Council (CSC)

• Petition 1576 (energy, Middletown-Haddam) - Comments recommended
  Aresta reported that he reviewed a proposal by Eversource for the replacement of electric transmission line structures along approximately 5.5 miles between Middletown Substation in Middletown and Oxbow Junction in Haddam. He noted that draft comments have been developed and distributed that address the provision of best management practices and other referenced documents; vegetation management; erosion and sedimentation (E&S) control; protection of wetlands and water features; invasive species control; waste management; and inspections and education. Kolesinskas noted that important changes have been recommended to the 2002 Connecticut Guidelines for Soil Erosion and Sediment Control and that the Council’s recommendations to Petitioners should include consideration of best management practices for E&S control identified in the draft guidelines update.
  
  
• Petition 1577 (energy, Watertown – Waterbury) - Comments recommended
  Aresta reported that he reviewed a proposal by Eversource for the replacement of the conductors, static wire and electric transmission line structures along approximately 5 miles between the Frost Bridge Substation and the Noera Substation in Waterbury. He added that a portion of the proposed access roads would not be used if Eversource obtains a Special Use License (“SUL”) from the DEEP Land Management Division for access to structures that could eliminate some temporary wetland impacts. Aresta noted that draft comments have been developed and distributed that address the provision of best management practices and other referenced materials; protection of wetland, watercourses, and vernal pools; vegetation management; E&S controls; inspections/education; and proper disposal of chemically treated wood.
  
  
• Petition 1578 (solar, Windham) - Comments recommended 
  Aresta reported that he reviewed a proposal by LSE Horologium LLC (“Lodestar”) to develop a 1.99 MW solar PV facility on two parcels in Windham. He summarized the environmental characteristics of the proposed site. Aresta noted that draft comments have been developed that address the protection of wetlands and vernal pools; the proposed resource protection plan; and agriculture co-use/farmland soils. Rodosevich suggested adding a restriction on the use of herbicides within the vernal pool envelope for the identified vernal pools on the proposed site.
  
  
• Petition 1575 (energy, Salisbury) – No comments recommended at this time
  Aresta reported that he reviewed a proposal by Eversource to modify an existing substation in the Town of Salisbury, which includes the replacement of an existing 70-year-old transformer and related equipment and expanding the existing fenced compound. He summarized the environmental characteristics of the proposed site.
  
  
• Petition 1579 (battery storage, Windsor Locks) – No comments recommended at this time 
  Aresta reported that he reviewed a proposal by KCE CT 9, LLC to develop a 5 MW / 20 MWH battery storage facility in Windsor Locks. He summarized the land use and environmental characteristics of the proposed site.
  
  
• Petition 1580 (solar, North Haven) - No comments recommended at this time 
  Aresta reported that he reviewed a proposal by CT Solar PDF, LLC to develop a 1.45-MW solar PV facility located on two parcels on the Medtronic campus in North Haven. He added that the proposed project would utilize a combination of roof-mounted, canopy and ground-mounted solar panels. Aresta summarized the land use and environmental characteristics of the site.

Vidich made a motion to approve the revised draft comments for CSC Petition 1576, Petition 1577, and Petition 1578; seconded by M. Reiser. The motion was approved unanimously.

c. Legislature
Aresta reviewed the current status of proposed bills for which the Council submitted testimony and Public Acts that might impact the Council and Connecticut’s environment.

9. Other Business 
Charamut noted that there were many amendments to legislation during the end of the legislative session and she was concerned about an amendment that changes the jurisdiction of wetland and planning and zoning commissions regarding the regulation of certain housing development projects. Charamut added that the definition of small hydropower facilities, as a Class I renewable source, was increased from 30 megawatts to 60 megawatts of capacity. Ainsworth also commented on the park replacement bill.

Ainsworth asked if there were any other items for discussion by Council members. 

Vidich made a motion to adjourn the meeting at 11:51 AM; seconded by Charamut. The motion was approved unanimously.

A recording of this meeting is available here¹ and by email request of the Council (email to: paul.aresta@ct.gov). (Disclaimer: The transcript associated with the meeting recording is computer-generated and may contain typos that have not been edited.)

¹ Passcode: j3gvt%!D