HomeMy WebLinkAbout23SITE8 Montville LF DisruptionPostClosureUse Solar array Rec'd 12-27-23
79 Elm Street
Hartford, CT 06106-5127
860.424.3000
An Affirmative Action/Equal Opportunity Employer
portal.ct.gov/DEEP
AUTHORIZATION FOR THE DISRUPTION AND POST CLOSURE USE
OF A CLOSED SOLID WASTE DISPOSAL AREA
Municipality: Montville
Site of Activity: Montville Landfill, 669 Oakdale Road (Route 163)
Licensee: Town of Montville
Application No.: 202305283
Pursuant to § 22a-209-7(u) of the Regulations of Connecticut State Agencies (RCSA), the Commissioner of Energy
and Environmental Protection (Commissioner) hereby issues this Authorization to the Town of Montville
(Licensee) to disrupt the closed solid waste disposal area (Montville Landfill), located at 669 Oakdale Road,
Montville, Connecticut (Site).
Disruption activities include: (i) the removal of overgrown vegetation from the project area; (ii) the installation of
sedimentation and erosion controls; (iii) minor regrading of the cover soil for the installation of 6-inch thick
gravel/crushed stone leveling pads and precast concrete block base pads to support the solar photovoltaic (PV)
panels; (iv) improvements to an existing gravel access road; (v) the installation of concrete utility pads and
associated electrical equipment; and (vi) the installation of a seven (7) foot high chain link security fence around
the perimeter of the solar array. To avoid penetration into the landfill cap, ballasted supports will be used for the
PV panels racking system, security fencing, and the above ground cable trays and conduits.
In accordance with § 22a-209-13(d) of the RCSA, the Commissioner hereby approves the post-closure use of the
Site for the installation of solar PV panels for the generation of renewable energy.
The work authorized herein shall conform to the terms and conditions of this Authorization.
Solid waste disposal area disruption activities shall be conducted in adherence to the following:
1. Authorization Application for Disruption of a Solid Waste Disposal Area prepared and submitted by
Weston & Sampson Engineers, Inc. on behalf of the Town of Montville and VCP Montville LF, LLC
(Verogy) and received by the Department of Energy and Environmental Protection (Department) on July
10, 2023. The application package includes: (i) a description of the project; (ii) a set of P.E.
stamped/signed engineering drawings depicting: cross-sections of the ground mount racking system;
details on sedimentation/erosion controls; the configuration of the solar PV panels; (iii) geotechnical
analysis of the existing landfill cap; (iv) stormwater analysis; and (v) a draft site health and safety plan.
2. Proper sedimentation and erosion controls shall be implemented and maintained at all times by the
Licensee and/or its contractor(s) during activities associated with the disruption of the Site. The Licensee
shall ensure that the design, application and installation of erosion and sedimentation control structures are
consistent with Connecticut's Guidelines for Soil Erosion and Sediment Control, dated May 2002, as
amended.
3. The Licensee shall continue to conduct post-closure care that includes annual inspections and the correction
of any problems (e.g., maintenance of final cover materials, repair areas of erosion, etc.) that may occur at
the Site. The post-closure inspections are an integral part of the post-closure maintenance program
implemented in accordance with § 22a-209-13(h) of the RCSA.
4. The Licensee shall ensure that any solid waste inadvertently excavated during the installation of the solar
PV panels and associated electrical wiring shall be appropriately characterized, removed from the Site and
properly disposed of at a facility or facilities authorized to receive such waste.
Town of Montville/Solar PV Development
Landfill Disruption Authorization
Montville Landfill, 669 Oakdale Road (Route 163)
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5. The Licensee shall at all times take reasonable precautions to control fugitive dust emissions and odors in
accordance with §§ 22a-174-18 and 22a-174-23 of the RCSA, respectively.
6. The Licensee shall ensure that the storage of any earthen materials in a temporary stockpile area shall be
managed in accordance with the with the best management practices outlined in Section 5 of the
Department’s General Permit for Contaminated Soil and/or Sediment Management (Staging and Transfer),
issued September 20, 2013, which expired on September 19, 2018.
7. The Licensee shall control all traffic related to disruption activities authorized herein in such a way as to
mitigate the queuing of vehicles off-site and excessive or unsafe traffic impact in the project area. The
Licensee shall ensure that, except as allowed pursuant to § 22a-174-18(b)(3) of the RCSA, trucks and
diesel equipment coming to or used at the project area shall not be left idling for more than three (3)
consecutive minutes. The Licensee shall post a minimum of two (2) signs, legible from a distance of
twenty-five (25) feet, alerting drivers and equipment operators of such idling time limits.
8. Nothing herein authorizes any additional solid waste to be received or disposed of at the Site.
9. Throughout implementation of the disruption of the Site, the Licensee or its contractor(s) shall prepare and
comply with a site health and safety plan that complies with all applicable requirements of the
Occupational Safety and Health Administration’s (OSHA) 29 CFR Part 1910.120. A copy of said plan
shall be provided to the Commissioner upon request.
10. Department staff shall be notified in writing, in accordance with condition no. 21, at least five (5) business
days prior to the initiation of construction activities associated with the disruption of the Site.
11. The Licensee shall retain the services of an engineer licensed to practice in the State of Connecticut
(professional engineer or P.E.) or a Connecticut licensed environmental professional (LEP) pursuant to
§ 22a-133v of the Connecticut General Statutes (CGS), to document in writing that the disruption activities,
authorized herein, are conducted in accordance with approved plans and specifications. Said P.E. or LEP
shall be independent from the Licensee and the contractor and shall have experience with the oversight of
landfill disruption projects.
12. Within forty-five (45) days of completion of the disruption activities authorized herein, the Licensee shall
submit to the Commissioner: (a) a complete set of as-built site plans certified by a P.E. depicting the solid
waste disposal area and the location of the PV solar array and (b) a final construction certification report
prepared by a P.E. or LEP verifying that the disruption activities were conducted in accordance with
approved plans and specifications. As necessary, said report shall also include information on the types
and volumes of waste materials taken off-site for disposal and the authorized solid waste facility that
accepted said waste materials.
13. The Licensee shall submit for the Commissioner’s review and written approval all necessary
documentation supporting any proposed minor changes in the disruption activities authorized herein. The
Commissioner may issue a written approval only if, in the Commissioner’s judgment, the proposed minor
changes: (a) are deemed necessary for a better and more efficient disruption of the Site; (b) do not
significantly change the landform of the Site, or its impact on the environment; and (c) do not warrant the
issuance of a permit or authorization pursuant to § 22a-208 et seq. of the CGS.
14. This Authorization is subject to and in no way derogates any present or future property rights or powers of
the State of Connecticut and conveys no property rights in real estate or material nor any exclusive
Town of Montville/Solar PV Development
Landfill Disruption Authorization
Montville Landfill, 669 Oakdale Road (Route 163)
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privileges and is further subject to any and all public and private rights and to any federal, state or local
laws or regulations pertinent to the property or activity affected hereby.
15. Nothing in this Authorization shall affect the Commissioner’s authority to institute any proceeding or to
take any actions to prevent violations of law, prevent or abate pollution, recover costs and natural resource
damages, and to impose penalties for violations of law.
16. Nothing in this Authorization shall relieve the Licensee of other obligations under applicable federal, state,
and local laws; including but not limited to the requirement that, prior to commencing disruption activities,
the Licensee or its contractor(s) shall register for the General Permit for the Discharge of Stormwater and
Dewatering Wastewaters from Construction Activities effective on December 31, 2020 and as modified on
November 25, 2022 (General Permit for Discharge of Stormwater and (ct.gov), and comply with all
applicable terms and conditions.
17. This Authorization shall not be construed as the Department’s approval of site wide investigation and
remediation or compliance with the Remediation Standard Regulations.
18. The Licensee shall prepare and implement a contingency plan designed to minimize hazards to human
health and the environment from unsuspected waste material(s) (e.g., buried drums, free product, etc.) that
may be uncovered during construction activities associated with the disruption of the Site. If the
contingency plan is implemented, the Licensee shall provide written notification to the Department
describing the conditions leading to the execution of said plan. Written notification shall be submitted to
Department staff, in accordance with condition no. 21, within twenty-four (24) hours of implementation of
the contingency plan. As necessary, the final construction certification report shall also provide details on
the implementation of the contingency plan and the outcome(s).
19. The Licensee shall provide written notification to Department staff, in accordance with condition no. 21, at
least sixty (60) days prior to the decommissioning and removal of the ground mounted solar photovoltaic
(PV) panels and ancillary equipment and detail the proposed disposition of the materials (e.g., re-use of PV
panels, recycling of plastic components, appropriate disposal of any hazardous material, etc.). Within thirty
(30) days of the decommissioning and removal of said equipment, the Licensee shall ensure that the landfill
final cover system is fully restored to the original grades and thickness in areas where the final cover
system may have been disturbed due to activities associated with the installation and/or decommissioning
of the PV solar array and submit a report to the commissioner detailing the work that was conducted for the
decommissioning of the array, the restoration of the final cover system and the disposition of the
components of the solar array.
20. This Authorization is non-transferable and may be revoked, suspended, or modified in accordance with
law.
21. When this Authorization requires that any document be submitted to the Department of Energy and
Environmental Protection, such document shall be delivered to: Solid Waste Program, Bureau of Materials
Management and Compliance Assurance, Waste Engineering & Enforcement Division, 79 Elm Street,
Hartford, CT 06016-5127.
22. Any document which is required to be submitted to the Department under this Authorization shall be
signed by a duly authorized representative of the Licensee, as defined in § 22a-430-3(b)(2) of the RCSA,
and by the individual or individuals responsible for preparing such documents, each of whom shall certify
in writing as follows:
Town of Montville/Solar PV Development
Landfill Disruption Authorization
Montville Landfill, 669 Oakdale Road (Route 163)
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“I have personally examined and am familiar with the information submitted in this document and all
attachments thereto, and certify that based on reasonable investigation, including my inquiry of those
individuals responsible for obtaining the information, the submitted information is true, accurate and
complete to the best of my knowledge and belief, and I understand that any false statement in the
submitted information may be punishable as a criminal offense.”
Any false statement in any document submitted pursuant to this Authorization may be punishable as a
criminal offense in accordance with § 22a-6 of the CGS, pursuant to § 53a-157 of the CGS, and in
accordance with any other applicable statute.
23. If the activities authorized herein are not initiated within one year from the date of issuance, this
Authorization shall terminate unless specifically extended by the Commissioner.
Issued: December 1, 2023
Gabrielle Frigon, Director
Waste Engineering and Enforcement Division
Bureau of Materials Management and
Compliance Assurance