Section 22a-116-B-9 - Development and management plan(a)Purpose.The Council may require the preparation of a full or partial D&M plan for any certificated hazardous waste facility or any modification to a hazardous waste facility, where the preparation of such a plan would help to protect the health and safety of Connecticut's citizens and the environmental and economic interests of the state.
(b)Procedure for preparation. The D&M plan shall be prepared by the applicant in consultation with Council staff.
(c)Timing of the plan. The D&M plan shall be submitted to the Council and all parties in one complete filing. The D&M plan shall be approved, modified or denied by the Council not later than 60 days of receipt of it and prior to the commencement of construction.
(d)Elements of a D&M plan. A D&M plan shall be a precise and complete description of the site and facility to be built and shall include, but not be limited to, the following information:
(1) The original application as revised by the applicant during the proceeding showing all additions, deletions, and changes, with page references, to the original proposal;(2) A separate statement of the proposed methods, equipment, and schedule for construction or for each section of construction if construction is to continue through the life of the facility, with descriptions of possible adverse construction impacts and methods of minimizing or mitigating such impact;(3) A description of the effects of construction on site characteristics, such as the effects of grading on surface drainage, and of soil removal or compaction on erosion, permeability and surface drainage;(4) A statement of the management and administrative program for the operation of the proposed facility;(5) The names and qualifications of supervisors assigned to the construction project;(6) The identity of the person to be responsible for operation and a resume of that person's qualifications and experience; and(7) A statement of the number, duties, qualifications, and experience of all personnel job classifications to be involved in the processing, treatment, transfer, storage, recovery, or disposal of hazardous waste.(e)Supplemental requirements. (1) Notices and reports of construction. (A) The applicant shall provide the Council, in writing, with a minimum of two weeks advance notice of the beginning of: (i) clearing, road construction, and site preparation; and(ii) facility construction or each section of facility construction.(B) The applicant shall provide the Council, in writing, with a monthly construction progress report indicating: (i) changes and deviations from the approved Damp;M plan;(ii) any notices required by and provided to other state agencies; and(iii) the status of construction schedule.(2) Significant D&M plan changes.(A) The certificate holder shall notify the Council whenever a significant change of the approved D&M plan is anticipated. The certificate holder shall not implement such change without prior approval of the Council.(B) A significant change in the D&M plan shall be any change in:(i) the location of the facility or its components on the site;(ii) the proposed grade and drainage characteristics of the site;(iii) the design of the facility or its component structure;(iv) a permit required to be considered by the Council in its decision that is issued by the Department of Energy and Environmental Protection for discharge to ground water, surface water, or air;(v) proposed operation or management of the facility that may adversely affect the environment or the health and safety of employees or the general public; or(vi) a condition required by the decision and order. Routine maintenance or replacement of parts with equivalent parts shall not be considered a significant change requiring approval.(C) The Council shall review proposed changes and shall approve, modify, or disapprove the changes not later than 60 days.(3) Final report and approval.(A) The applicant shall file with the Council a final report not later than 60 days after completion of construction or of each section of construction, landscaping and rehabilitation, and operational testing, which final report shall include the following information: (i) identification of all significant changes in the D&M plan identified pursuant to these regulations;(ii) certification by the facility owner and a professional engineer, whose selection is subject to Council approval, that the facility has been constructed in conformity with the specifications and requirements contained in the development and management plan as specified pursuant to this section;(iii) dates waste shipments to the site will commence;(iv) results of operational tests;(v) the date full-time continuous operation will begin;(vi) the actual construction cost of the facility, including but not necessarily limited to the costs of site acquisition; site preparation, including erosion control and other measures to mitigate construction impacts; facility construction; and landscaping and rehabilitation.(B) Not later than 90 days of receipt of the final report or notice of full time operation of the facility or of each section if construction is to continue throughout the life of the facility, whichever is later, the Council shall review the facility and issue a final approval of completion of the D&M plan, or section thereof, or the Council shall make recommendations to the certificate holder indicating what actions or procedures are necessary to conform to the certificate and receive final approval of completion of the D&M plan or section thereof. A letter of completion of the D&M plan shall be issued when the Council determines that the facility was constructed and is being operated in accordance with the certificate.Conn. Agencies Regs. § 22a-116-B-9
Effective March 7, 1989; Amended September 7, 2012