How to be heard
How to Be Heard
To oppose the proposed Plainfield trash plant, contact the state directly in your own words. The live proceeding is now at the Connecticut Siting Council, where SMART has filed Petition No. 1719 seeking a declaratory ruling. In that track a public hearing is not required by law and the Council decides within about sixty days of receiving the petition whether to hold one, so asking for a hearing is the most time-sensitive step available.20 The Council’s schedule for this proceeding sets September 6, 2026 as the deadline for public comments and for requests for party or intervenor status.28 A separate DEEP opportunity, a written comment and, if appropriate, a 25-signature hearing petition, will open when DEEP issues a Notice of Tentative Determination. The town referendum did not decide the permits; state agencies do.
This page explains each lever precisely, gives the exact addresses and emails, and is honest about what works and what does not. Every step below is sourced to CT DEEP, the Connecticut Siting Council, or the Connecticut General Statutes.
Right now, the most useful thing you can do is put your concern on the record with both agencies and your legislators — and watch for DEEP’s Notice of Tentative Determination, which opens the 30-day window when the petition must be filed.121
The real levers
The Ways to Be Counted
Concern only matters to the permitting agencies when it is filed the way the law recognizes. The paths below are the legally meaningful ones. The first two are DEEP, the third is usable in either forum, and the last two are the Siting Council routes that are live right now in Petition No. 1719.
| Lever | Who can use it | When |
|---|---|---|
| Written comment to DEEP | Anyone | During the 30-day comment period after the Notice of Tentative Determination2 |
| 25-signature hearing petition (PA 25-84) | 25+ people, one of whom is affected | Within the same 30-day window1 |
| CEPA intervention (CGS 22a-19) | Any person or organization | In a DEEP or Siting Council proceeding4 |
| Siting Council written limited appearance statement | Any resident | Now, until September 6, 2026, per the Council’s schedule for Petition No. 171928 |
| Siting Council party / intervenor status | Town, abutters, residents, groups; must be requested and granted | Now; requests due September 6, 202628 |
The Siting Council routes are open now, in Petition No. 1719. The two DEEP routes are not: DEEP has not yet posted a Notice of Tentative Determination.21 That is why the immediate task is to be ready.
Lever one & two
The DEEP Comment Window and the 25-Signature Petition
When DEEP is ready to act on a permit, it publishes a Notice of Tentative Determination. That notice opens a public comment period — in DEEP’s standard notices, thirty days from the date of publication — and the exact deadline is stated in the notice itself.21
Two things can happen in that window:
- Written comments. Anyone may submit written comments on the application. Comments filed during the period become part of the record the Commissioner must consider.2
- A petition requesting a hearing. Unless another statute controls, a timely petition signed by at least 25 persons can request an informational public hearing. A chapter 54 contested-case hearing requires the additional specific-facts or CGS 22a-19 showing described by Public Act 25-84.1
Abutting property owners and nearby residents are the easiest signers to qualify, because their legal interests are the most directly affected. Petitions may be emailed to the DEEP Office of Adjudications, with signed originals mailed or delivered to its Hartford office.3
- CT DEEP, Office of Adjudications
- [email protected] 79 Elm Street, Hartford, CT 061063
Note on the petition
DEEP has recently asked petitioners to file as a “verified pleading” — a sworn legal document. If you are organizing a 25-signature petition, having it drafted or reviewed by an attorney reduces the risk of it being rejected on a technicality. A plain written comment does not need this.
Lever three
CEPA Intervention Under CGS 22a-19
Connecticut’s Environmental Protection Act gives any person, group or organization a right to intervene in an administrative proceeding by filing a verified pleading asserting that the proceeding involves conduct that has, or is reasonably likely to have, the effect of unreasonably polluting, impairing or destroying the public trust in the air, water or other natural resources of the state.4
Once someone intervenes this way, the agency must consider that environmental harm and cannot approve conduct causing it if there is a feasible and prudent alternative consistent with public health and safety.4 A CEPA intervention can be filed in a DEEP permit proceeding or in the Siting Council case, and it broadens the environmental grounds the decision-maker has to weigh. Because it is a verified (sworn) pleading, it is best prepared with legal help.
This is not theoretical on this project. On August 29, 2025, DEEP’s Office of Adjudications granted the Town of Plainfield’s motions for intervening-party status under Regulations of Connecticut State Agencies 22a-3a-6(k) and under CGS 22a-19. No contested permit hearing had begun. DEEP said the future scope “may be limited by the legal issues and jurisdiction of this agency in any future contested case” and that the orders make “no conclusions regarding the merits.”18 The orders show that DEEP accepted the Town’s intervention motions; their precise effect in a later proceeding will depend on that proceeding and any scope DEEP sets.
Lever four
The Siting Council Petition: What You Can Do Now
This is the live proceeding. SMART Technology Systems, LLC has filed Petition No. 1719 with the Connecticut Siting Council, asking for a declaratory ruling under CGS §4-176 and §16-50k on the 45-megawatt facility rather than applying for a Certificate of Environmental Compatibility and Public Need.10 A petition is a lawful route provided for by statute, filed with the same Council. What differs is the public’s role in it, and that difference is the reason to act promptly.
The Council’s own guide for residents sets out the rules. The single most important sentence in it is this: “within sixty (60) days of receipt of a petition for a declaratory ruling, the Council may decide to hold a public hearing, but a public hearing is not required by law.” If the Council decides against one, “the petition proceeding is held ‘on the papers’” — in writing, with no public hearing at all.20
One feature of this track favours residents, and it is worth knowing before you write. The burden is not on you to prove harm. Per the same guide, “the petitioner has the burden of proving to the Council that construction and operation of the proposed facility at the site selected would not result in a significant adverse environmental impact,” and the Council decides “after balancing the public benefit against the environmental impact.”20
The three ways to take part, and which one fits you
- Ask the Council to hold a public hearing. Because the hearing decision is discretionary and is made within roughly sixty days of the Council receiving the petition, this is the most time-sensitive thing any resident can do. Write to the Council, reference Petition No. 1719, and say plainly that you are asking it to hold a public hearing.20
- Written limited appearance statement — open to any resident. No standing test, no lawyer needed. The guide describes these as statements “made by residents and other persons who would like to express their comments and concerns about the proposed electric generating facility site,” submitted “in accordance with the Council’s schedule for the proceeding.” The limit: those filing them “may not ask written questions” of the petitioner or the Council.20
- Party or intervenor status — more power, more formality. Parties and intervenors are those who “requested party or intervenor status from the Council and were granted such status.” They may file evidence and ask written questions of others in the proceeding. Because it is a formal request with legal consequences, this is the route where professional help is worth having.20
You must choose one or the other. The guide is explicit: “No person who is a party or intervenor in the proceeding may also make a written limited appearance statement.”20 Decide which role you want before you file, and if a household or group is coordinating, decide who takes which role so that nobody accidentally gives up the other.
The Town’s DEEP status does not carry over. DEEP granted the Town of Plainfield intervening party status in the DEEP permit matter.18 That is a different agency and a different proceeding. Participation in Petition 1719 has to be sought from the Siting Council in this case.
The petition was filed on August 7, 2026, and the Council’s schedule is now posted. Counsel for SMART delivered the petition to the Council’s Executive Director that day.26 The schedule sets one date for public comments, state agency comments, municipal comments and requests for party or intervenor status: September 6, 2026. The Council’s “Deadline for Action” is October 6, 2026, and its deadline for a final decision is February 3, 2027.28 If you want a hearing, or want party or intervenor status, write the Council before September 6.
- Connecticut Siting Council
- [email protected] Ten Franklin Square, New Britain, CT 06051 · 860-827-29359
- Your state legislators
- Plainfield is split between State House districts 44 and 47, so use the lookup to confirm which representative is yours. State Senator Somers represents the whole town. Sen. Heather Somers (District 18) · 800-842-1421 Rep. Anne Dauphinais (District 44) · [email protected] Rep. Doug Dubitsky (District 47) · [email protected] Confirm yours by address at cga.ct.gov24
- Plainfield Town Hall
- 860-230-3001 8 Community Avenue, Plainfield, CT 06374 · make your opposition part of the town record25
What to write
What to Say
Keep it short, factual, and your own. A personal letter carries more weight than a copied form letter, because an identical block of text is counted as one message repeated. Build your comment from three parts:
- Identify yourself. Say you are a Plainfield resident. If you are writing about the plant, that standing matters.
- Name your street. Give your road or neighborhood. Nearness to the site strengthens your standing, especially for the 25-signature petition.
- Give one specific concern, in your own words. Pick the one that is true for you and say why it matters to your household.
Any of these concerns is grounded in the verified record. Rephrase one in your own voice rather than pasting it:
| Concern | The point in one line |
|---|---|
| Truck traffic | More than 100 heavy garbage-truck trips a day, roughly 6 a.m. to 5 p.m., through residential roads.22 |
| Groundwater | The site sits over the groundwater the town and the state hatchery depend on. |
| A second plant | Plainfield would host a second gasification facility in one town, on Norwich Road / Black Hill Road.1213 |
| No demonstrated need | The state has not shown Connecticut needs this capacity — by its own 2023 accounting it diverted only about 35% of its waste and missed the 60% diversion goal it set for 2024, so the need for a new disposal facility is unproven.581516 |
| Environmental justice | The site is in a state-designated environmental justice community: all of Plainfield is on CT DEEP’s 2025 distressed-municipalities list, and the census tracts around the project area include block groups above the low-income threshold.1317 |
Be realistic
What Actually Moves the Decision
Two honest points shape where effort is best spent.
The referendum did not decide it. Plainfield voted 1,148 to 125 against the plant in June 2025, but that vote was non-binding: the state, not the town, issues the permits.22 A 2025 bill (House Bill 7004) that would have let towns challenge permits like this by referendum was vetoed by the Governor on July 8, 2025.1423 The vote is real political pressure, but it is not a legal veto.
A central record-based question is whether there is demonstrated public need. The Siting Council may not grant a Certificate unless it finds a public need for the facility under CGS 16-50p.8 CGS 22a-208d separately requires a written need determination for specified solid-waste facility categories, including resources-recovery facilities; whether that provision applies to SMART depends on DEEP’s classification of the proposed configuration, which the public record reviewed here does not resolve.5 Connecticut’s 2023 report says the state diverted about 35% of its municipal solid waste, missed the 60% statutory goal and shipped 940,667 tons of disposal-bound waste out of state.1516 Comments can ask the agencies to explain, with evidence, the claimed need, applicable facility category, alternatives and consistency with the state waste hierarchy.
What to do now vs. later
A Simple Sequence
Do now
- New · Aug 2026Write the Siting Council about Petition No. 1719 and ask it to hold a public hearing. A hearing is not required by law here, and the Council’s schedule makes September 6, 2026 the deadline for public comments and party or intervenor requests, with its “Deadline for Action” on October 6, 2026.2820
- Decide your role before you file: a written limited appearance statement, or party/intervenor status. You may not do both.20
- Email DEEP and the Siting Council to put your concern on record.39
- Write your state legislators through cga.ct.gov.11
- Watch DEEP’s public-notice page for the Notice of Tentative Determination.2
The window is short and the deadline is firm. Missing the 30 days is the single most common way a valid objection never reaches the record.
Questions
Questions and Answers
How can I oppose the Plainfield trash plant?
Contact the state directly. The live proceeding is Connecticut Siting Council Petition No. 1719: write the Council, reference the petition number, and ask it to hold a public hearing, because a hearing is not required by law in that track. Choose either a written limited appearance statement or party/intervenor status, not both. Separately, when DEEP issues a Notice of Tentative Determination, submit a written comment in the 30-day period and help file a 25-signature hearing petition. Email [email protected] and [email protected], and reach your legislators at cga.ct.gov.19
When is the public comment period?
At the Siting Council, it is open now. The Council’s schedule for Petition No. 1719 sets September 6, 2026 as the public comment deadline; the Council’s Executive Director separately invited comments from the Town and from fifteen state officials by the same date. Email [email protected] and reference Petition No. 1719.28
The DEEP comment period has not opened. It begins when DEEP posts a Notice of Tentative Determination on a permit, and runs 30 days from that publication date. No such notice has been posted, so no DEEP comment window is open yet.221 DEEP has said the Notice, when it comes, “will provide information on how to file a Petition for Hearing with the Office of Adjudications, as well as how to provide public comment and the deadline for both.”18
A different comment period has already opened and closed. The applicant ran its own, under the federal rule 40 CFR 60.57b(a), on its Preliminary Draft Materials Separation Plan. Its counsel wrote that SMART “will be receiving public comments on the Draft Plan from March 5th through April 9th of 2026,” with a public Zoom meeting on April 9, 2026 and a copy of the plan left at the Aldrich Free Public Library for review.19 That window was run by the company rather than by a state agency, it is not the DEEP comment period, and it has passed.
What is the 25-signature petition?
Unless another statute controls, a timely petition signed by at least 25 people can request an informational public hearing. To obtain a chapter 54 contested-case hearing, the petition must also state specific facts showing that a signer’s legal rights may be affected or that a signer qualifies to intervene under CGS 22a-19.1
Do I have to live next to the site to take part?
No. Anyone may submit written comments to DEEP, and any person or group may file a CEPA intervention under CGS 22a-19. Living near the site helps most with the 25-signature petition and with Siting Council standing, where a directly affected interest is easiest to show.47
Did the town referendum stop the plant?
No. The 1,148-to-125 vote in June 2025 was non-binding. The state, not the town, decides the permits, and a bill (House Bill 7004) that would have let towns challenge such permits by referendum was vetoed.221423
What is the strongest argument against it?
Ask whether public need has been demonstrated. The Siting Council must find a public need before granting a Certificate under CGS 16-50p. CGS 22a-208d imposes a separate need determination on specified solid-waste facility categories; whether it applies here depends on DEEP’s classification, which the public record reviewed here does not yet resolve.58