(a) Any business required to obtain a permit or other approval from the Commissioner of Energy and Environmental Protection to operate in this state may apply to the commissioner for the benefits of the program established under subsection (e) of this section. Such application shall be on forms and in a manner prescribed by the commissioner. The advisory board convened under subsection (c) of this section shall consider, and may approve, such application if the business has demonstrated to the satisfaction of such board that such business (1) has an exemplary record of compliance with environmental laws which shall include, but shall not be limited to, evidence that such business has not been found in violation of any such law, other than a minor violation as determined under section 22a-6s, within the preceding three years; (2) has complied with the provisions of section 22a-6s and any orders of the commissioner under said section, with regard to any minor violation, as defined in said section; and (3) consistently employs practices in its operation that ensure protection of the natural environment to a degree greater than that required by law.
(b) Upon approval of such application, the commissioner may provide the benefits of the program to the business if the commissioner finds that (1) the business is registered as meeting the ISO 14001 Environmental Management System Standard and has adopted principles for sustainability such as the CERES principles, the Natural Step, the Hanover Principles or equivalent internationally recognized principles for sustainability as determined by the commissioner, or (2) in the case of a small business, as defined in section 32-344, the business has an equivalent environmental management system which employs a data collection system for the categories of information described in 63 Federal Register 12094 (1998). The environmental management system of any business approved for the program system shall include provisions for commitment of the management of the business to the environmental management system, compliance assurance and pollution prevention, enabling systems, performance and accountability, third-party audits and measurement and improvement. Any business approved for the program shall be issued a certificate by the commissioner evidencing such approval.
(c) The commissioner shall submit an application of a business under subsection (a) of this section to an advisory board convened by the commissioner for consideration of such application. Such board shall consist of a representative of the Council on Environmental Quality; the Attorney General, or a designee; a representative of the industry in which the business is engaged, provided such representative has no business relationship with the applicant; and the commissioner, or a designee.
(d) If the commissioner finds that a business that has been approved for the program ceases to be qualified for the program because it no longer complies with the requirements provided for in subsections (a) and (b) of this section, the commissioner shall revoke the certificate issued under subsection (b) of this section and the business shall not be entitled to any further benefits under the program. Any such business may reapply to the program at any time.
(e) The Commissioner of Energy and Environmental Protection may establish a pilot program to attract to this state, or to support in this state, businesses which require a permit or other approval from the commissioner in order to operate in this state and which have a history of providing for the best protection of the natural environment in the operations of such business. Such program may be based on any model plan developed by a multistate working group or may replicate a pilot program developed by such a group. Such program shall provide for expedited review of permit applications and a public recognition process which may include issuance to businesses of a symbol or seal signifying the exemplary record of environmental protection and exclusive use of such symbol or seal by the business in its advertising or other public displays. Notwithstanding any provision of this title and the regulations adopted by the commissioner under this title, such program may provide for (1) less frequent reporting, consistent with federal law, of information otherwise required to be reported as a condition of the business' operation in this state, (2) a facility-wide permit for all approvals required from the commissioner for operation of a facility operated by the business in this state, (3) a permit that would allow for changes in individual processes at a facility without the need for a new permit provided the total pollutant emissions or discharge from the facility does not increase, or (4) reduced fees for any permit required from the commissioner.
(P.A. 99-226; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsecs. (a) and (e), effective July 1, 2011.
Structure Connecticut General Statutes
Title 22a - Environmental Protection
Chapter 439 - Department of Energy and Environmental Protection. State Policy
Section 22a-1. - Policy of the state.
Section 22a-1a. - Declaration of policy: Coordination of state plans and programs.
Section 22a-1c. - Actions which may significantly affect the environment. Definition.
Section 22a-1e. - Review and determination by Office of Policy and Management.
Section 22a-1g. - Regulations.
Section 22a-1h. - Environmental impact evaluations.
Section 22a-1i. - Environmental contamination risk assessment by Department of Public Health.
Section 22a-2a. - Delegation of inspection and enforcement authority. Regulations.
Section 22a-2b. - “Criminal negligence” defined.
Section 22a-2c. - Office of Business Ombudsman.
Section 22a-3. - Divisions. Deputy commissioners.
Section 22a-4. - Agents, assistants, employees, consultants.
Section 22a-5. - Duties and powers of commissioner.
Section 22a-5a. - Orders. Authority of commissioner to investigate.
Section 22a-5b. - Special funds and accounts administered by the department. Report required.
Section 22a-5c. - Filing of orders on land records. Fifteen-year limit for certain orders.
Section 22a-6aa. - Permit extensions.
Section 22a-6b. - Imposition of civil penalties by the commissioner.
Section 22a-6bb. - Petition for public hearing. Withdrawal of petition.
Section 22a-6c. - Hearing on orders concerning solid waste.
Section 22a-6cc. - Consulting services program.
Section 22a-6d. - Payment of costs associated with hearing and transcript.
Section 22a-6dd. - Consent orders for remediation of land. Modification.
Section 22a-6e. - Imposition of civil penalties by the commissioner for water pollution violations.
Section 22a-6ee. - Ninety-day permit application final determinations.
Section 22a-6f. - Fees. Due dates. Late payments. Application. Waiver.
Section 22a-6ff. - Permit preapplication meetings.
Section 22a-6g. - Notice of application for permit. Exemptions.
Section 22a-6i. - Information re time frames for issuance of permits.
Section 22a-6j. - Renewal of permits.
Section 22a-6l. - Posting of public notice of permit applications.
Section 22a-6m. - Compliance history of permit applicants. Criminal history records checks.
Section 22a-6n. - Notice of commissioner's determination regarding certain regulated activities.
Section 22a-6o. - Transfer of licenses.
Section 22a-6p. - Time frames for issuance of permits. Regulations.
Section 22a-6q. - Alternative time frame for action on permit.
Section 22a-6s. - Minor violations of environmental protection laws.
Section 22a-6v. - Report on protected open space acquisition.
Section 22a-6w. - Notice to municipality of commissioner's enforcement action.
Section 22a-6x. - Office of Enforcement Policy and Coordination.
Section 22a-6y. - Exemplary environmental management systems.
Section 22a-7. - Cease and desist orders. Service. Hearings. Injunctions.
Section 22a-7a. - Bond on appeal from final decision.
Section 22a-8. - State-wide environmental plan. Advisory board. Annual conference.
Section 22a-8a. - Commissioner to inventory hazardous waste disposal sites.
Section 22a-9. - Commissioner as agent of state and political subdivisions.
Section 22a-10. - Payment of refunds.
Section 22a-11. - Council on Environmental Quality.
Section 22a-13. - Citizen complaints.
Section 22a-14. - Short title: Environmental Protection Act of 1971.
Section 22a-15. - Declaration of policy.
Section 22a-16. - Action for declaratory and equitable relief against unreasonable pollution.
Section 22a-17. - Defense. Appointment of master or referee.
Section 22a-18. - Powers of court.
Section 22a-19. - Administrative proceedings.
Section 22a-19a. - Historic structures and landmarks. When court costs assessed against plaintiff.
Section 22a-19b. - Exception for certain property listed on the state register of historic places.
Section 22a-20. - Procedure supplementary to other procedures. Intervening party.
Section 22a-21a. - State assistance related to recreation and park services.
Section 22a-21b. - Connecticut Conservation Corps.
Section 22a-21c. - Connecticut Service Corps: Definitions.
Section 22a-21d. - Connecticut Service Corps established. Project sponsors. Grants.
Section 22a-21e. - Grant application.
Section 22a-21f. - Rating system for grant applications.
Section 22a-21g. - Project eligibility; exceptions.
Section 22a-21h. - Annual reports by project sponsor and commissioner.
Section 22a-21i. - Grants for operating costs of Beardsley Zoological Gardens, Bridgeport.
Section 22a-21j. - School bus emissions reduction program.
Section 22a-21k. - School bus emissions reduction account.
Section 22a-22. (Formerly Sec. 22-7b). - Federal aid and agreements.
Section 22a-23. (Formerly Sec. 22-7c). - Federal funds to be held in separate account.
Section 22a-24. (Formerly Sec. 22-7d). - Powers additional to those under other statutes.
Section 22a-25. (Formerly Sec. 22-7e). - Acquisition of land and waters.
Section 22a-26a. - State-owned properties providing public access to Long Island Sound.
Section 22a-27e. - Litter control in parking areas.
Section 22a-27f. - Specifications of fuels. Report to commissioner.
Section 22a-27h. - Conservation Fund. Maintenance, repair and improvement account.
Section 22a-27i. - Fees. Exemption of municipalities.
Section 22a-27k. - Long Island Sound account.
Section 22a-27p. - Private funds authorized for renovation of historical structures on state land.
Section 22a-27q. - Hazard mitigation and floodplain management account.
Section 22a-27r. - Invasive species detection and control account.
Section 22a-27s. - Face of Connecticut Steering Committee: Membership, chairperson.
Section 22a-27t. - Face of Connecticut account.
Section 22a-27u. - Air emissions permit operating fee account.
Section 22a-27v. - Long Island Sound account. Habitat restoration matching subaccount.
Section 22a-27w. - Lease or other authorization to facilitate the preservation of lighthouses.