Conn. Agencies Regs. § 22a-163f-7 - Rendering a decision

Current through March 4, 2022

(a) Requirements for written decision.
(1) Within one year of receiving an application, the council shall render its decision upon the record by an affirmative vote of not less than seven council members either granting or denying the application as filed, or granting it upon such terms, limitations, or conditions as the council may deem appropriate. The one year limit may be extended 180 days by agreement of the council and the applicant.
(2) The council shall include with its decision an opinion stating the reasons for its decision. The decision shall include a statement describing the items of negotiation between the applicant and local project review committee which the council has accepted and incorporated into any approval and those negotiated items it has rejected and the reasons therefore.
(3) The council shall include with its decision copies of the reports on negotiations filed by the applicant and the local project review committee, and the record of any council meeting held with the applicant and committee.
(4) The council shall include with its decision the proportion of the quarterly assessment of the gross receipts that shall be paid by the operator of the facility to the municipality in which the facility is located and to the neighboring municipality most affected by the facility.
(5) The council shall include with its decision a pre-site selection property appraisal of fair market value of all property within a two-mile radius of the facility.
(6) The council shall require that the applicant meet the financial responsibility requirements set forth in Section 22a-163l of the Connecticut General Statutes, and in these regulations including submission of a surety bond or other security acceptable to the council in a form and an amount fixed by the council sufficient to pay for the costs of closure and stabilization and postclosure observation and maintenance as specified in regulations adopted by the commissioner of the State Department of Environmental Protection. A trust fund shall be established to be financed by yearly payments by the low-level radioactive waste facility operator. The amount paid into the fund shall be fixed by the council so that at the time of closure the fund shall be sufficient to pay the costs of closure and stabilization and postclosure observation and maintenance. The surety bond or other security may be reduced each year by the amount paid into the trust fund. A trust fund shall be established to pay the costs of monitoring and maintenance during the institutional control period as specified in regulations adopted by the commissioner of the State Department of Environmental Protection. The trust fund is to be financed by yearly payments by the low-level radioactive waste facility operator. The amount paid into the fund yearly shall be fixed by the council so that at the start of the institutional control period the fund shall be sufficient to pay the costs of monitoring and maintenance of the facility during the institutional control period. In case of a proposed land disposal facility, the applicant shall further provide a fund or other security for liability for damage during the institutional control period. The amount of the fund or other security and the manner of financing such fund shall be determined by the council based on the type of facility, the location of the facility, and the kind of waste processed by such facility, so that at the beginning of the institutional control period, the fund or security shall be sufficient to cover the anticipated liability for damages. In the case of a proposed treatment or storage facility, the council may require a trust fund or other security for postclosure liability for damages.
(b) Considerations for decision.
(1) In making its decision to grant or deny a certificate, the council shall, consistent with applicable requirements of Sections 4-166 to 185, and title 22a, chapter 446a of the Connecticut General Statutes, consider among other relevant facts and circumstances, the following factors:
(A) The impact of the proposed facility on the municipality and affected geographic area in which it is to be located in terms of public health, safety, and welfare including, but not limited to:
(i) Protection of the public and environment from the risk and impact by accident during management or transportation of low-level radioactive waste;
(ii) Protection of the public and environment from the risk and impact by fires and explosions from improper storage, treatment, or disposal methods;
(iii) Protection of the public and environment from the risk and impact by exposure of persons to low-level radioactive wastes and their degradation products during facility operation and after its operational life;
(iv) Consistency of the proposed facility with local and regional land use plans and regulations and the state conservation and development plan in effect at the time the applicant applies to the commissioner of environmental protection for the environmental licenses, permits, or approvals necessary to construct and operate the facility, and with existing and proposed development in the area affected by the construction and operation of the facility;
(v) Protection of the public and environment from adverse impacts including, but not limited to, adverse economic, health, and environmental impacts by the facility during construction, operation, and after its operational life;
(vi) The protection of the public and environment from the risk and impact by the proposed facility on public and private drinking water supplies and resources; and
(vii) The protection of the public and environment from the risk and impact by the proposed facility on scenic, historic, and recreational areas; wetlands; flood plains; wildlife areas; habitat for endangered species; and other environmentally-sensitive areas.
(B) The population density in the area affected by the construction and operation of the proposed facility and the facility's proximity to residential areas.
(C) The public benefits of the proposed low-level radioactive waste management facility including, but not limited to:
(i) The need for the managed capacity provided by the facility;
(ii) The energy and resource recovery benefits, if any, which would be derived from the facility;
(iii) The economic benefit of the facility to the state and its citizens;
(iv) The capability of the proposed facility to accommodate low-level radioactive waste which would otherwise be disposed of, treated, or managed in a less environmentally suitable site or manner;
(v) Economic incentives and benefits which would accrue to the municipality in which the proposed facility is to be located; and
(vi) Any aspects of the proposed facility which would enhance environmental quality.
(D) The extent to which the location of the facility would minimize the need to transport low-level radioactive wastes long distances.
(E) Whether any other reasonably available management method or site would better protect the public health or safety, or the quality of the environment.
(F) The applicant's and, if known, the operator's financial capabilities, qualifications, and previous experience with low-level radioactive waste management.
(G) Whether the applicant has agreed to implement an environmentally-sound Development and Management plan pursuant to Section 22a-163f-9 of these regulations.
(H) Whether the applicant would comply with the minimum distances between active parts of the facility and other land uses established pursuant to Section 22a-163l-1 of these regulations.
(2) The council may give such consideration to other Connecticut state laws, municipal ordinances, and regulations as it shall deem appropriate.
(3) In making its decision as to whether or not to issue a certificate, the council shall in no way be limited by the fact that the applicant may already have acquired land or an interest therein or any necessary permits, certificates, or orders for the purpose of constructing the facility which is the subject of its application.
(c) Findings required for the issuance of a certificate.

The council shall not grant a certificate unless it finds and explains:

(1) That there is a public need for the facility;
(2) The nature of the probable environmental impact of the facility, including but not limited to impacts resulting from the construction or operation of the facility, transportation to or management of wastes in, and closure and stabilization, postclosure observation and maintenance, and institutional control of the facility; and
(3) Every significant single and cumulative adverse effect on and conflict with state and regional policies on the subjects listed below and why such adverse effects or conflicts are not sufficient for denial of the certificate:
(A) The natural environment;
(B) Public health, safety, and welfare;
(C) Ecological balance;
(D) Scenic, historic, and recreational values;
(E) Forests and parks;
(F) Air and water purity including impact on present and future sources of water supply; and
(G) Land use consistency.

Notes

Conn. Agencies Regs. § 22a-163f-7
Effective March 7, 1989

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