2022 Connecticut General Statutes
Title 22a - Environmental Protection
Chapter 446d - Solid Waste Management
Section 22a-208b. - Zoning approval of disposal areas. Municipal authority re land usage for solid waste facilities. Limitations.
(a) The Commissioner of Energy and Environmental Protection may issue a permit to construct a facility for the land disposal of solid waste pursuant to section 22a-208a, provided the applicant submits to the commissioner a copy of a valid certificate of zoning approval, special permit, special exception or variance, or other documentation, establishing that the facility complies with the zoning requirements adopted by the municipality in which such facility is located pursuant to chapter 124 or any special act.
(b) Nothing in this chapter or chapter 446e shall be construed to limit the right of a municipality to regulate, through zoning, land usage for an existing or new solid waste facility. No municipal regulation adopted pursuant to section 8-2 shall have the effect of prohibiting the construction, alteration or operation of solid waste facilities within the limits of a municipality.
(P.A. 85-334, S. 6, 8; P.A. 86-403, S. 52, 132; P.A. 87-465, S. 1, 3; P.A. 89-384, S. 4, 15; P.A. 11-80, S. 1; P.A. 12-2, S. 1; P.A. 14-94, S. 12.)
History: P.A. 86-403 made technical change, substituting reference to Sec. 22a-208a for reference to Sec. 22a-208; P.A. 87-465 limited provisions to solid waste land disposal facilities; P.A. 89-384 required that council approve a negotiated agreement or issue an arbitration award before commissioner issues permit; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 12-2 designated existing provisions as Subsec. (a) and added Subsec. (b) re authority of municipalities to regulate, through zoning, land usage for solid waste facility and prohibition on municipalities preventing construction, alteration or operation of solid waste facilities, effective March 6, 2012 ; P.A. 14-94 amended Subsec. (a) by deleting former Subdiv. (2) re council approving negotiated agreement or issuing arbitration award in accordance with Sec. 22a-285g and deleting Subdiv. (1) designator, effective June 6, 2014.
Cited. 215 C. 82; 225 C. 731.
Cited. 17 CA 17; judgment reversed, see 212 C. 570; 21 CA 85.
Subsec. (b):
Municipal regulations that do not permit the construction or operation of a new transfer station or other type of solid waste facility in the municipality do not conform to the strictures of Subsec. 202 CA 707.
