Attorney General's Opinion on "...asphalt batching..." sites

Attorney General's Opinion

Attorney General Richard Blumenthal

October 30, 1998

Honorable Arthur Rocque
Department of Environmental Protection
79 Elm Street
Hartford, CT 06106

(see link to full text below)


Sec. 5. This act shall take effect from its passage, except that section 1 shall take effect October 1, 1998.
The language of the public act is quite plain. Any asphalt batching or continuous mix facility not in operation as of December 31, 1997, may not be located less than one-third of a mile from any of the sites listed. According to the information you have supplied to me, the Fedus Colchester plant is located within one-third mile of a watercourse and within one-third mile of residential housing and, as of December 31, 1997, it was not in operation. If those are the facts regarding the location of the plant and its operation, the currently pending application to renew the permit to construct the plant must be denied as the statutory language prohibits location of such a facility, inter alia, within 1/3 mile of residential housing and within 1/3 mile of a watercourse.

Pursuant to 22a-174-3(i)(2) RCSA, the DEP must give notice of the reason for your tentative denial of the request to renew the permit to construct and make the actual denial effective thirty days from the date of service of the notice. You should include the fact that the conditional permit to operate expired by operation of law and could not be renewed in your notice. Section 22a-174-3(i)(2) RCSA provides:
Notice of denial, revocation or change in the conditions of either a permit to construct or a permit to operate shall set forth the reasons for the action taken and shall be effective thirty (30) days after the date of service of the notice, unless a hearing is requested prior to the expiration of the thirty (30) day period.

Read full opinion here at https://portal.ct.gov/AG/Opinions/1998-Formal-Opinions/Honorable-Arthur-Rocque-Department-of-Environmental-Protection-1998020-Formal-Opinion-Attorney-Gener

(See Act 22A-196) 

Contacts: 
attorney.general@ct.gov
deep.aquiferprotection@ct.gov


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