(a) As used in this section and section 22a-208y, (1) “construction and demolition waste” means waste building materials and packaging resulting from construction, remodeling, repair and demolition operations on houses, commercial buildings and other structures, excluding asbestos, clean fill, as defined in regulations adopted under section 22a-209, or solid waste containing greater than de minimis quantities, as determined by the Commissioner of Energy and Environmental Protection, of (A) radioactive material regulated pursuant to section 22a-148, (B) hazardous waste as defined in section 22a-115, and (C) liquid and semiliquid materials, including, but not limited to, adhesives, paints, coatings, sealants, preservatives, strippers, cleaning agents, oils and tars; and (2) “processed construction and demolition wood” means the wood portion of construction and demolition waste which has been sorted to remove plastics, plaster, gypsum wallboard, asbestos, asphalt shingles, regulated wood fuel as defined in section 22a-209a and wood which contains creosote or to which pesticides have been applied or which contains substances defined as hazardous waste under section 22a-115.

(b) Construction and demolition waste which does not constitute processed construction and demolition wood may be disposed of at (1) any solid waste disposal area for which a permit has been issued for the disposal of bulky waste, or (2) a municipal solid waste landfill. Processed construction and demolition wood may be disposed of at a biomass gasification plant that qualifies as a Class I renewable energy source, as defined in section 16-1, a resources recovery facility in accordance with section 22a-208y or at a permitted municipal solid waste landfill or any solid waste disposal area for which a permit has been issued for the disposal of bulky waste.

(c) Construction or demolition wood generated at a residence, other than wood that has been pressure-treated or that otherwise contains arsenic, furniture, mattresses and rugs or any such waste which has been crushed, chopped, shredded or otherwise processed shall be considered municipal solid waste and may be disposed of at any solid waste disposal area for which a solid waste permit has been issued for the disposal of bulky waste, a biomass gasification plant that qualifies as a Class I renewable energy source, as defined in section 16-1, a resources recovery facility or a municipal solid waste landfill.

(P.A. 96-103, S. 1; P.A. 00-29, S. 1, 2; P.A. 06-74, S. 4; P.A. 11-80, S. 1.)

History: (Revisor's note: In Subsec. (c) the Revisors editorially added an “or” before “at a resources ...” in the phrase “... for the disposal of bulky waste, or at a resources recovery ...”); P.A. 00-29 amended Subsec. (c) by adding provision re construction or demolition wood generated at a residence that is not pressure-treated or arsenic-containing and specifying that enumerated waste material shall be considered municipal solid waste, effective May 1, 2000; P.A. 06-74 amended Subsecs. (b) and (c) to add “biomass gasification plant that qualifies as a Class I renewable energy source, as defined in section 16-1,” and to make technical changes; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.