Permitting Process Overview

Application process: Individual permits

There are three main types of environmental permits for projects that may affect our state’s natural resources, environment and human health: individual permits, general permits and permit by rule. If the activities involved in your project may have a significant impact on the state’s air, water or land, you may need to apply for an individual permit that is tailored for your specific project. The process of applying for and obtaining an individual permit may differ slightly from program to program — but almost all programs follow the steps outlined in the flow chart below. You’ll note that this process proceeds down two parallel paths. In the left column are the steps involved in the application submittal and review. In the right columns are the steps required to notify the public of proposed activities as well as to solicit and address their comments. Based on any public feedback on your proposed activities, a public hearing may also be required toward the end of the process.

Individual Permitting Process

See text below for more details on each Step.

Individual Permit Application Workflow

 

Step 1: The applicant should request a pre-application meeting.

The applicant should request a pre-application meeting by submitting a pre-application questionnaire to answer any questions the applicant may have about permitting requirements.

Step 1A: The applicant publishes public notice of the permit application.

Before submitting the permit application, the applicant must publish a notice of the application in a newspaper of general circulation notice in a newspaper of general circulation within the affected area and submit a copy of the notice to DEEP as part of the completed application.

Step 1B: The applicant may need an EJ Public Participation Plan for the permitted activity.

If the proposed activity is located in an environmental justice (EJ) community, is defined as an affecting facility, and requires a new or expanded permit, then EJ requirements such as an EJ Public Participation Plan and additional public notice requirements will apply.

In this case, before submitting a permit application, a tentative approval from the EJ program for the EJ Public Participation Plan must be received; that tentative approval is then submitted as part of the permit application.

If the EJ Public Participation Plan is not tentatively approved, the applicant will need to resubmit until tentatively approved.

The applicant must also determine if a Community Environmental Benefits Agreement (CEBA) is required. If a CEBA is required, negotiations with the affected municipality should begin as soon as possible.

Refer to DEEP’s webpage for additional details on EJ requirements and guidance.

Step 2: The applicant submits a complete permit application.

To initiate the permit application process, the applicant must submit a complete permit application form, including all required forms/documentation and applicable fees.

 

Step 2A: Informal public meeting

An informal public meeting (if needed) can happen at any stage in the application process but is usually after application submittal and before Notice of Tentative Decision (NTD) (Step 6A). DEEP will review public comments and the responses provided by the applicant.

 

Step 2B: For affecting facilities in EJ communities, the applicant must:

  1. Publish notice of an informal public meeting in newspaper and other required media, between 10 and 30 days prior to meeting date and, for new permits, provide written notice by mail to residents living within a half mile radius of the site.
  2. Hold an informal public meeting a minimum of 60 days before any DEEP action and include supporting documentation in the Public Participation Report.
  3. No later than 30 days after the informal public meeting is held, a final EJ Report with all supporting documentation must be submitted to DEEP or the CT Siting Council and before DEEP staff publishes the NTD (Step 6A).
  4. These EJ steps may take place before an application is submitted. 

Step 3: DEEP checks to see that the application is complete.

DEEP will conduct an administrative review of the application to make sure all the necessary items (complete form, compliance information, fee, etc.) have been submitted. DEEP will notify the applicant whether or not the application is sufficient. If it is insufficient, DEEP will inform the applicant.  Every effort should be made to respond promptly with the needed information so that processing of the permit application can continue.

Please note: DEEP will not process, and may reject, an insufficient application — requiring the applicant to reapply with a new filing fee.

 

Step 4: DEEP conducts its technical review.

This is the most time and resource intensive part of the process. During this phase, DEEP staff will determine if the proposed activities meet the applicable standards and laws for the activity to be permitted. DEEP may need to request clarification or additional information from the applicant to fully evaluate the environmental impact of the proposed activity. Again, it is important to respond promptly so that processing of the permit application can continue.

 

Step 4B: For affecting facilities in EJ communities:

The applicant must submit a final Public Participation Report and the executed CEBA to DEEP or the Siting Council prior to NTD (Step 6A). DEEP will review the Report. If not approved, the Report goes back to the applicant for revision. 

Step 5: DEEP decides whether to issue a permit or deny the permit.

After its technical review, DEEP staff will determine whether to issue or deny a permit and either draft a permit or a permit denial.

Step 5B: For affecting facilities in EJ communities, the Public Participation Report must be approved by DEEP before moving on to Step 6.

If the final Public Participation Report is not approved, the applicant will need to notice and hold an additional informal public meeting as indicated in Step 2B.

 

Step 6: DEEP prepares a notice of its tentative decision (NTD).



Step 6A: DEEP will publish a public notice of NTD.

DEEP will publish a public notice of its tentative decision to approve or deny a permit application for a period of time (either 30 or 45 days, as specified by the applicable law) to receive public comment. DEEP will invoice the applicant for the public notice fees. Payment is due prior to permit issuance (Step 8).

 

Step 7: DEEP reviews public comments and modifies its decision, if needed.

In most cases, where no comments are received or the comments that were received are addressed, the process proceeds directly to the final decision stage and a permit is issued.

 

Step 7A: DEEP will hold a formal administrative hearing (if needed)

Only a small percentage of applications go through a formal administrative hearing process. For more info, see the Public Participation (DEP-FS-005) Factsheet.

Step 8: DEEP issues the permit or denies the permit.

Once a permit is issued and becomes effective, the applicant/permittee must comply with the terms and conditions of that permit. The applicant must carefully read the permit and any statutes and regulations that apply. Violations of a permit may expose the permittee to civil and criminal sanctions. If you have questions about complying with your permit, you can contact the permit program that issued the permit.

 

 

For EJ questions, please contact Edith Pestana.

 

If you’d like assistance with this process before you even apply, please request a pre-application meeting.

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