Connecticut General Statutes 22a-126 – Use of facility after postclosure period. Disposal Facility Trust Fund
(a) After the period of postclosure, the commissioner shall determine by a procedure established under the provisions of regulations adopted in accordance with the provisions of subsection (d) of section 22a-116, if the hazardous waste facility has a reasonable alternative use. If the commissioner determines that the hazardous waste facility has a reasonable alternative use, he shall so certify. If the commissioner determines that the hazardous waste facility has no reasonable alternative use, the owner may transfer ownership of such facility to the state without compensation. After transfer the hazardous waste facility shall be under the jurisdiction of the commissioner who shall provide for its monitoring, maintenance and care. All claims for injuries incurred after transfer of ownership shall be against the state. The state shall not be liable for injuries incurred prior to the transfer of ownership.
Terms Used In Connecticut General Statutes 22a-126
- Commissioner: means the Commissioner of Energy and Environmental Protection. See Connecticut General Statutes 22a-115
- Disposal: means the incineration, long-term storage or treatment of hazardous waste, or the discharge, deposit, injection, dumping or placing of hazardous waste into or on land or water so that such hazardous waste or any hazardous constituent of such hazardous waste enters the environment, is emitted into the air, or is discharged into any waters, including groundwaters. See Connecticut General Statutes 22a-115
- Hazardous waste: means any waste material which may pose a present or potential hazard to human health or the environment when improperly disposed of, treated, stored, transported, or otherwise managed, including (A) hazardous waste identified in accordance with Section 3001 of the federal Resource Conservation and Recovery Act of 1976 (42 USC 6901 et seq. See Connecticut General Statutes 22a-115
- Hazardous waste facility: means land and appurtenances thereon or structures used for the disposal, treatment, storage or recovery of hazardous waste. See Connecticut General Statutes 22a-115
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Postclosure period: means the first thirty years after the date of completing closure or any other period fixed by the Department of Energy and Environmental Protection according to this chapter and sections 16-50j and 16-50v. See Connecticut General Statutes 22a-115
(b) A Disposal Facility Trust Fund shall be established and financed by annual assessments levied on the owners or operators of all hazardous waste land disposal facilities and by the owners or operators of hazardous waste nonland disposal facilities in amounts to be determined by the commissioner. Each owner or operator of an assessed facility shall pay an amount fixed by the commissioner based on the volume, type, or weight of hazardous waste processed at such facility. The aggregate paid yearly by all those assessed shall not be more than one million dollars. The assessment imposed on any owner or operator of a hazardous waste facility shall be limited to one per cent of the gross revenues of each facility owned or operated. The method and amount of payment shall be fixed by the commissioner under the provisions of regulations adopted in accordance with chapter 54. When the fund balance exceeds ten million dollars, upon determination by the commissioner, no further assessments shall be made. When the balance of the fund is less than ten million dollars, the commissioner may reinstitute imposition and collection of the assessment. The fund shall be used for costs incurred by the Department of Energy and Environmental Protection for monitoring and maintenance of any hazardous waste facility and for any liability of the state pursuant to subsection (a) of this section. The fund shall also be used to cover any liability incurred during the hazardous waste facility operation, closure and postclosure period not covered by the operator’s financial responsibility requirements under subsection (d) of section 22a-122. The fund shall be used only if costs are not paid from funds established in accordance with the provisions of the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (P.L. 96-510). In determining assessments for the Disposal Facility Trust Fund, the commissioner shall consider assessments levied pursuant to said act and assessments levied pursuant to this section shall be limited to an amount required to meet costs not paid from funds established pursuant to said act. Payments from the fund shall be made by the Treasurer upon authorization of the commissioner.