(a) No wood-burning facility constructed after June 8, 1990, and utilizing wet cooling may be located in any area other than an area classified “GC” by the Water Quality Standards unless the Commissioner of Energy and Environmental Protection finds that such use of the water is its highest and best use as measured against other existing or potential future competing uses and all of the following conditions are met: (1) The facility has obtained a water diversion permit in accordance with sections 22a-365 to 22a-378, inclusive; (2) the facility has obtained wastewater discharge and stormwater discharge permits in accordance with section 22a-430; (3) no discharge of wastewater to groundwater is permitted; (4) an environmental impact report is filed before the close of the record for consideration in the commissioner's decision under section 22a-373 which (A) considers the effect of the diversion on present and future water uses in the area of the facility, (B) includes a plan for mitigating water supply conflicts caused by the diversion in the area of the plant for a minimum of twenty-five years, and (C) analyzes the alternative solutions to the water cooling requirements including a comparative cost analysis of the proposed water cooled system relative to other measures including dry cooling; (5) the facility derives at least eighty per cent of its cooling water from surface water sources either directly or through induced infiltration to a groundwater well or from processed water from sewage treatment plants; (6) the Commissioner of Energy and Environmental Protection determines that the use of alternatives to the proposed water cooled system would clearly pose a greater threat to the environment; and (7) the Commissioner of Energy and Environmental Protection determines that the use of a water cooled system will not affect the availability of potable water to support present and future domestic and industrial needs in the affected area. In determining future water needs, the commissioner shall determine such needs for a period equal to twenty-five years. In making a decision on highest and best use, the commissioner shall consider, among other factors he deems relevant, the designated uses for the classification of water involved as outlined in the state's water quality standards.

(b) The wood-burning facility shall have the burden of proving it has met all of the requirements and conditions set forth in this section. Any person aggrieved by a decision of the Commissioner of Energy and Environmental Protection pursuant to this section may appeal pursuant to section 4-183.

(P.A. 90-264, S. 7, 8; 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”, effective July 1, 2011.