New England Agreement on Energy Infrastructure

Connecticut led the way in recent discussions that resulted in an Agreement by New England's Governors to accelerate regional cooperation on expanding renewable energy and energy infrastructure in the six states. This paves the way for to an energy initiative designed to bring affordable, cleaner, and more reliable power to homes and businesses across the northeast.

In a joint statement, the Governors committed their states to more thoughtful and strategic investments focused on expanding the region's energy portfolio.  Regional expansion will bring New England lower electricity and heating costs, increased economic development, competitiveness and job growth, and improved air quality through a reduction in harmful air emissions from the burning of fossil fuels. Commenting on the agreement, Governor Malloy said, "By working closely with New England neighbors who face similar challenges we can thoughtfully plan and develop the network of electric transmission lines and natural gas pipeline needed to meet our goal of providing cheaper, cleaner, and more reliable power for Connecticut."

Upwind States Must Do More to Limit Air Pollution

In an effort to level the playing field between Connecticut and upwind states that pollute our air, Connecticut, along with eight other states , is asking EPA to make polluters in nine states (IL, IN, KY, MI, NC, OH, TN, VA, and WV) be subject to the same federal Clean Air requirements. In  an article published in the New York Times in December 2013, Governor Malloy said "I care about this because it puts Connecticut at an economic disadvantage. We're paying a lot of money to remove these compounds from the air. That money is reflected in higher energy costs. We're more than willing to pay that, but the states we're petitioning should have to follow the same rules."

In a petition to the U.S. EPA under Section 176A of the Clean Air Act, Connecticut and eight other states are seeking to add nine states to the Ozone Transport Region. If approved, these states would be required to reduce emissions that contribute to unhealthy levels of ozone in Connecticut and other downwind states. The EPA must respond to the petition by June 2015.   

Climate Institute Launched at UCONN's Avery Point Campus  

Connecticut is taking new steps to assist residents and communities in dealing with more severe weather and rising sea levels expected as a result of climate change with the launch of the Institute for Community Resiliency and Climate Adaptation at the UConn's Avery Point Campus in Groton.  At a recent ceremony, Governor Malloy said, "This Institute will be a world-class, cutting edge center that harnesses the research and outreach capabilities of UConn with the practical regulatory expertise of Connecticut's Department of Energy and Environmental Protection.  It will take sound scientific research and turn it into concrete local actions needed to better adapt to the changing climate and improve the future resilience and sustainability of Connecticut's coastline and inland watersheds."

The Institute for Community Resiliency and Climate Adaptation was envisioned in Special Act 13-9.  The work of the Institute is being jumpstarted as a result of a recent court settlement of a case involving environmental violations that earmarked $2.5 million in funding for it.  UConn and DEEP are also seeking additional funding for the work of the Institute.

Ribbon Cutting ceremony at UConn Avery Point   photo: Peter Morenus

Hazardous Waste Biennial Reports due in March

In Connecticut, all Large Quantity Generators (LQGs) of Hazardous Wastes must report their generation and shipments of hazardous waste every other year. This upcoming report will cover the calendar year 2013 and is due to DEEP by March 3, 2014. Report materials were mailed early in January. Electronic reporting is highly encouraged. If you did not receive a notice and believe you are required to fill out a report, please go to www.ct.gov/deep/BiennialHazWasteReport.  

Connecticut Business Receives Award

DEEP recently recognized environmental efforts of 23 businesses and individuals whose volunteer efforts have improved Connecticut's environment. The annual GreenCircle Awards recognize those who participated in energy conservation, transportation, pollution prevention or recycling related activities or projects that promote natural resource conservation or environmental awareness.

Douglas Manion, Senior Vice President, BMS, and Dan Esty, DEEP Commissioner

Bristol-Myers Squibb Company (BMS), Wallingford hosted the award

Food Scrap Recycling Law Now In Effect

On January 1, 2014, a new law went into effect requiring the recycling of source-separated organic materials (SSOM), which includes food scrap and food processing residuals), generated by certain commercial sources. The law, CGS 22a-226e (as amended by P.A. 13-285), applies to each commercial food wholesaler or distributor, industrial food manufacturer or processor, supermarket, resort or conference center that generates an average projected volume of not less than one hundred four tons per year of SSOM and that is located not more than twenty miles from an authorized SSOM composting facility. Such generators are required to separate their SSOM from other solid waste and ensure that such SSOM are recycled at any authorized composting facility that has available capacity and that will accept such SSOM.

The intent of this law is to spur development of more processing facilities where food scrap can be recycled. This includes composting facilities and anaerobic digestion (AD) facilities that process food scrap into renewable energy and soil amendments. Three composting facilities in Connecticut are currently allowed to receive and compost food scraps. DEEP has also received a permit application for an AD facility, with an application for another AD facility expected soon. For more information, contact K.C. Alexander at 860-424-3239.

Seeking Nominations for Power of Change Award

The Power of Change Award program recognizes outstanding achievements in energy efficiency among Connecticut's state and municipal buildings. This awards program, now in its second year, was created to spotlight the many ways the state is improving energy efficiency and is sponsored by the Tremaine Foundation, Hampshire Foundation, and Common Sense Fund.  The program builds on DEEP's Lead by Example program, established by Governor Malloy and the legislature to make Connecticut the most energy efficient state in the nation, while reducing energy use in State buildings by 20% by 2018.

Nominations for the Power of Change Award Program are now being accepted for State agency and municipal energy efficiency successes.   The deadline for municipal entries is March 3, 2014, with the awards ceremony in June 2014. Municipal Power of Change Awards will recognize the most efficient municipal buildings, innovation, leadership, and participation in CT's Energy Savings Performance Contracting Program.

Still Time to Participate in Air Permit Amnesty Program

DEEP has announced a short-term air permit amnesty program for public and private K-12 schools to advance the efficient use of energy and to ensure compliance with laws and regulations that protect human health and the environment. In keeping with the program's goals, DEEP hosted five regionally located energy efficiency workshops for school and town representatives. All presentation materials and videos from one of the workshops are available on DEEP's  Air Compliance Assurance Training and Education web page.  

To date, 358 schools representing 93 school districts and private institutions have agreed to voluntarily participate in the Air Permit Amnesty Program. The opportunity to participate in the Air Permit Amnesty Program will end on May 1, 2014. If your school district is interested, there is still time to complete an Equipment Survey and receive amnesty for non-compliance issues. Please contact Jared Millay if you have any questions regarding this program.

Connecticut Moving Forward with Zero Emission Vehicles  

Continuing with efforts under Connecticut's Comprehensive Energy Strategy, Governor Malloy, along with the Governors of seven other states (CA, MD, MA, NY, OR, RI and VT), recently announced a groundbreaking initiative to put 3.3 million zero-emission vehicles (ZEVs) on the roads in these states by 2025.

Electricity is the most widely available source of power for ZEVs right now and typically costs about two thirds less than gasoline on a per-mile basis. Connecticut looks forward to providing cheaper, cleaner and more reliable transportation energy for its residents as well as helping to build a robust market for electric and hydrogen-powered cars that will support good jobs in this growing field. The states have also agreed, in a memorandum of understanding, to share research and coordinate on an education/outreach campaign to highlight the benefits of ZEVs.   Among the chief benefits of wide spread adoption of ZEVs: they will help us achieve our green house gas reduction targets, improve air quality and public health, and enhance energy diversity while also saving drivers money on fuel.

CT's First Connecticut Grown Community Forest

DEEP and the CT Dept. of Agriculture (DoAg) recently designated Southington's Crescent Lake Recreation Area as the state's first community forest to receive the Connecticut Grown recognition for sustainable forest management. With assistance from the UConn Extension Forestry Program, a sustainable forest management plan was developed and accepted by the Town of Southington, and is now guiding on-the-ground decisions. Crescent Lake Recreation Area's sustainable forest management plan includes use of sustainable forestry practices, protection of water quality during forestry operations, compliance with Connecticut's Forest Practices Act, adherence to the standards of DoAg's Connecticut Grown Program, and responding to destructive forest pests and invasive plants, all of which helped qualify it for this special distinction.  

Recognizing this intensifying consumer appreciation for the value of locally grown products, the Connecticut Grown Program has welcomed sustainable forestry operations and products. DEEP and DoAg reached a historic agreement on January 1, 2011, to include products from Connecticut forests that meet sound agricultural practices and other sustainability standards in this popular and successful multifaceted initiative. For more information about Connecticut Grown, visit the DEEP or DoAg websites.

New Video on the Functions and Values of Wetlands

DEEP's Wetlands Management Section (WMS) has produced video titled "The Functions and Values of Wetlands and Watercourses." This is the third in a series of three videos created and tailored for Connecticut's municipal inland wetlands agencies. The first two are titled "Introduction: Connecticut's Inland Wetlands and Watercourses Act" and "An Introduction to Map Reading & Site Plan Review."

This third video joins Larry Locus and his digital assistant in a visual exploration of the functions and values of wetlands and watercourses, focusing on the key areas of hydrology, ecology and land use. It highlights the beauty and complexity of these natural resources while educating the viewer on why they are indispensible and irreplaceable. While tailored for inland wetlands agencies, the video is beneficial to other municipal land use commissions, students and citizens. A DVD will be was mailed to Connecticut's municipal inland wetlands agencies in late February 2014 or early March. The video can be viewed by going to the WMS web page and on the DEEP's YouTube channel. For more information, contact DEEP's WWS at 860-424-3019.

Dam Safety Program Reform

New legislation went into effect October 1, 2013 that requires dam owners to be responsible for regular inspections of their dams. This month, DEEP's Dam Safety Program will be notifying owners who will be required to inspect their dams in the calendar year 2014. These inspections must be conducted by a licensed professional engineer.

In addition, dam owners will be responsible for ensuring that all new dam construction and repairs are properly inspected and certified and dam owners that own a high or significant hazard dam will also be required to provide an updated emergency action plan for their dams. An amnesty program for the registration of existing dams has been established, allowing owners of unregistered dams to register by October 1, 2015. If you have question, contact Art Christian, Supervising Civil Engineer, at 860-424-3880.

Industrial Wastewater Permit Compliance Reminders

DEEP is providing permittees with the following reminders to help them comply with the requirements under their Individual Industrial Wastewater Discharge permit:

• Completed Discharge Monitoring Reports (DMRs) must be received by DEEP or entered into NetDMR no later than the last day of the month following the sampling month, i.e., April's DMR must be received by May 31, 2014. Late DMRs constitute a permit violation.
• For any violation(s), include in a cover letter submitted with your DMR or in the comment section of NetDMR an explanation of the root cause and corrective action taken.
• If your permit requires sampling more than one time per month, analytical results from each sampling event should be submitted to DEEP along with your DMRs or as an attachment to your NetDMR. Include the flow and pH range for all sample days, along with all parameters and dates of sampling. Create your own template or use the sample provided with the initial paperwork upon permit issuance (or reissuance).

Please forward this article and a copy of your current permit to all applicable personnel at your facility. To report a permit violation, a monitoring equipment failure/malfunction, contact 860-424-3018 toreach the "engineer of the day." For more information: Industrial Wastewater Compliance Assistance and NetDMR in Connecticut.

Industrial Stormwater GP On-Line Compliance Tool 

As a compliance assistance tool, DEEP has developed an on-line presentation entitled Industrial Stormwater General Permit - Compliance Information. The video summaries the permit's monitoring requirements and gives examples of common compliance issues. 

For example, permittees may not be aware that after the collection of 4 samples, monitoring for parameters (which meet the benchmark levels specified in the permit) is no longer required for the remainder of the permit term.  For many permittees, the 4th sampling period ended on September 30, 2013. Permittees who conducted timely, complete monitoring and met parameter benchmark levels for the four periods are exempt from sampling until September 30, 2016.  However, facilities which failed to collect a sample during a designated monitoring period or collected an invalid sample are not eligible for a sampling exemption at this time.  More information on the permit and its requirements 

Missing Park Plaque: 46-Year-Old Cold Case Closed  

Recovering property stolen from a state park nearly two generations ago might seem impossible, but it happened. A bronze memorial plaque, mounted at the site of Israel Putnam's stony wolf den, went missing from its in-rock setting around 1967. The plaque was originally placed by the E. P. Putnam Chapter of the Daughters of the American Revolution in 1920 in the Wolf Den section of Mashamoquet Brook State Park, Pomfret.

A 1948 photo of plaque shows its distinct markings

Last November, former Mashamoquet Supervisor John Folsom received a tip that the plaque was being offered for sale on eBay. DEEP's Director of Law Enforcement, Colonel Kyle Overturf, was notified. There was no doubt when comparing the Park's archived photos with the eBay photos that the plaque's distinctive casting marks were identical. Colonel Overturf traced the eBay account's digital signatures, contacted his peers in northern New England, who then recovered the missing plaque that same morning. Now safely back in DEEP's State Park Office, the plaque is being fitted for a new exhibit location. But it won't be heading back to the wolf den. Its weighty brass presence in such a rural environment would only invite its disappearance again.

DEEP Website Promotes Green Infrastructure Practices

DEEP recently sponsored a Green Infrastructure Symposium where municipal land use and public works professionals networked with and learned from their peers, researchers, and private sector engineers about the regulation, design, operation, and maintenance of Green Infrastructure (GI) and Low Impact Development (LID) practices. The symposium was funded by the Long Island Study.

The overall goal of GI and LID practices is to work with the natural landscape, hydrology, and unique features of a site to control rainwater runoff where it starts and keep more water on the site where it falls, rather than funneling it into pipes that drain into local waterways. This approach helps avoid water pollution and reduces flooding.  DEEP has developed the Municipal Outreach for Green Infrastructure and Low Impact Development webpage which highlights several tools that can encourage the adoption of GI and LID practices to improve water quality. The webpage also provides a link to the materials and presentations provided at the Connecticut GI Symposium.

Sewage Complaint Leads to Felony Convictions

DEEP and the State Attorney General's office received an anonymous complaint in November 2011 detailing a variety of illegal actions at the

Raw sewage discharged to the Pequabuck River

Plainville Water Pollution Control Facility (WPCF). A year-long investigation by law enforcement, with assistance from DEEP staff, resulted in the arrest of former WPCF superintendent Ken Michelson in September 2012. He disabled alarms at the treatment plant, allowing discharges of raw sewage to the Pequabuck River and adjoining wetlands to occur, and coerced employees to cover up the existence of the illegal discharges.

Michelson pleaded guilty to 19 felonies, including larceny, tampering with evidence and witnesses, forgery, making false statements in reports to the state, and causing pollution to the waters of the state.  The judge took into consideration the concept of regulatory harm -- that Michelson's actions betrayed the public trust and put at risk the ability of the state and local regulatory agencies to protect the environment. Michelson was sentenced in December 2013 to ten years imprisonment, to be suspended after four years with five years of probation. He cannot re-enter the wastewater field in any capacity during that time and must also make monetary restitution to the town.  More information on municipal wastewater facility requirements 

Community Fishing Waters Program Is Growing

DEEP Inland Fisheries Division's Community Fishing Waters Program (formerly known as Urban Fishing Program) promotes natural resource and outdoor recreation opportunities in Connecticut's major population centers. Six Connecticut lakes are currently designated as Community Fishing Waters, and six more areas will be added to the list, beginning in spring 2014. These waters are located along or close to public transportation routes to enhance fishing opportunities in urban neighborhoods. The lakes are stocked with trout in early spring and channel catfish in late spring/early summer to provide a year-round fishery. The program maximizes community involvement by partnering with civic groups, municipal leaders, and local citizens. Additional information about the Community Fishing Waters Program is available by contacting Mike Beauchene, 860-424-4185, or DEEP Inland Fisheries.

Municipal Brownfield Liability Relief Program

DEEP is accepting applications from municipalities and municipal development organizations for the new Municipal Brownfield Liability Relief Program. This program was created by Section 30 of Public Act No. 13-308 and is designed to provide towns and cities that are interested in facilitating redevelopment with relief from liability associated with owning a Brownfield. The program aims to help municipalities overcome the apprehension associated with cleanup obligations and third-party lawsuits and encourage assembling and marketing these properties for redevelopment.

Municipalities accepted into the program will receive State and third party liability relief for any pre-existing contamination, exemption from the Property Transfer Act when acquiring the Brownfield, and will not be required to fully investigate or cleanup the Brownfield, as long as they work to facilitate the redevelopment of the Brownfield and serve as good stewards of the land. Interested parties can find more information about this application-based program on DEEP's webpage, or by contacting Graham Stevens, DEEP Brownfields Coordinator.

Investigation Spurs Pesticide Company Compliance

A legible, accurate label on a pesticide product is key to assuring its proper use, so when a label is incorrect or illegible, it is a violation that has real health and environmental damage potential. An inspector from DEEP's Pesticide Program discovered such a problem when she inspected a Danbury warehouse of Harrell's Inc., a pesticide and fertilizer manufacturer and distributor. Among other issues she found that the company had condensed 16 pages of text onto one page of the label, making it completely unreadable. Since all of the directions and precautions are on the label, consumers would not know how to properly use the product. 

It became apparent that the violations had widespread implications since the company has national distribution and the products were not limited to Connecticut. This resulted in the case being forwarded to U.S. EPA for further investigation and action. The case was settled in December with a $1.7 million penalty against Harrell's, which is among the largest pesticide civil penalties ever assessed.