Connecticut General Statutes Title 22A. Environmental Protection § 22a-349f. Procedures of aggregate. Testing of coarse aggregate. Report. Sale or provision of coarse aggregate. Regulations

(a) For the purposes of this section and section 22a-349e, “producer of aggregate” means a person who processes coarse aggregate intended to be mixed with other component ingredients to create concrete for use in a residential or commercial concrete foundation.

(b) Except as provided in subsection (c) of this section, not later than July 1, 2024, and not less than annually thereafter, any producer of aggregate in possession of coarse aggregate that is (1) intended for use in a residential or commercial concrete foundation, and (2) from a source other than a quarry required to prepare and provide a geological source report pursuant to section 22a-349c, shall, prior to selling or providing such coarse aggregate for such use, submit a written report to the Commissioner of Energy and Environmental Protection and the State Geologist, containing the results of a third-party test of such coarse aggregate described in subsections (a) and (b) of section 22a-349d.

(c) If the results of such test reveal that the total sulfur content of such sample in per cent mass is less than one-tenth per cent, such producer (1) may sell or provide such coarse aggregate for use in a residential or commercial concrete foundation for a period of four years beginning on the date of receipt of such test results, and (2) shall not be required to submit a further report concerning such coarse aggregate pursuant to subsection (b) of this section during such period.

(d) If the results of such test reveal that the total sulfur content of the sample in per cent mass is equal to or greater than one per cent, such producer shall not sell or provide such coarse aggregate for use in a residential or commercial concrete foundation.

(e) If the results of such test reveal that the total sulfur content of the sample in per cent mass is less than one per cent and equal or greater than one-tenth per cent and (1) no pyrrhotite is present, such producer may sell or provide such coarse aggregate for use in a residential or commercial concrete foundation for a period of one year beginning on the date of receipt of such test results, or (2) pyrrhotite is present, such producer shall not sell or provide such coarse aggregate in a manner inconsistent with the acceptance and use indicated by the results of a petrographic analysis or any requirement or restriction established by the Commissioner of Energy and Environmental Protection pursuant to subsection (f) of this section.

(f) The Commissioner of Energy and Environmental Protection, in consultation with the State Geologist, may, if the results of the test performed pursuant to this section reveal that the total sulfur content of the sample in per cent by mass is less than one per cent and equal to or greater than one-tenth per cent and pyrrhotite is present, (1) require such producer to conduct additional petrographic and materials testing, and (2) implement restrictions on such producer's sale or provision of coarse aggregate.

(g) The Commissioner of Energy and Environmental Protection may adopt regulations, in accordance with chapter 54,  1 to implement the provisions of this section.