Substitute House Bill No. 7000

Public Act No. 01-202

AN ACT CONCERNING WATER DIVERSIONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (a) Any person or municipality maintaining a diversion that was registered in accordance with the provisions of section 22a-368 of the general statutes and which continues to be in use as of July 1, 2001, shall report to the Commissioner of Environmental Protection on or before July 1, 2002, current operating data for such diversion. Such data shall be provided on a form developed by the Commissioner of Environmental Protection, in consultation with the Commissioners of Public Health, Public Utility Control and Agriculture. Such data shall include monthly data for the calendar years 1997 to 2001, inclusive, (1) for the actual frequency and actual rate of water withdrawals or discharges of such diversion if such diversion is metered, or (2) that estimates the withdrawals or discharges in the absence of a meter. A person or municipality maintaining a diversion exclusively for agricultural purposes may report estimated water use for the reporting period. The provisions of this subsection shall not apply to an owner or operator of an existing electric generating facility utilizing fossil fuel, provided the diversion is used to comply with state and federal environmental laws, and further provided such owner or operator reports to the Commissioner of Environmental Protection an estimate of future water use necessary to comply with state and federal environmental laws.

(b) Any person or municipality maintaining a diversion that was eligible for registration in accordance with section 22a-368 of the general statutes but failed to so register, which diversion continues to be in use as of July 1, 2001, shall report to the commissioner, on or before July 1, 2002, the operating data for such diversion. Such data shall be provided on a form developed by the Commissioner of Environmental Protection, in consultation with the Commissioners of Public Health, Public Utility Control and Agriculture. Such data shall include (1) the location, capacity, frequency and rate of withdrawals or discharges of such diversion as of July 1, 1982, (2) a description of the water use and water system on or before July 1, 1982, including information to evidence its operation at that time, and (3) the monthly data for the calendar years 1997 to 2001, inclusive, (A) for the actual frequency and actual rate of water withdrawals or discharges of such diversion if such diversion is metered, or (B) that estimates the withdrawals or discharges in the absence of a meter. A person or municipality maintaining a diversion exclusively for agricultural purposes may report estimated water use for the reporting period in subdivision (3) of this subsection.

(c) Any person or municipality maintaining a diversion that was not eligible for registration in accordance with section 22a-368 of the general statutes and is not currently authorized by permit issued by the commissioner pursuant to said section, which diversion is in use as of July 1, 2001, shall report to the Commissioner of Environmental Protection on or before July 1, 2002, operating data for the diversion. Such data shall be provided on a form developed by the Commissioner of Environmental Protection, in consultation with the Commissioners of Public Health, Public Utility Control and Agriculture. Such data shall include (1) information as to when the diversion was initiated, (2) a description of the water use and water system operation, and (3) the monthly data for the calendar years 1997 to 2001, inclusive, (A) for the location, capacity, actual frequency and actual rate of water withdrawals or discharges of said diversion if such diversion is metered, or (B) that estimates the withdrawals or discharges in the absence of a meter. A person or municipality maintaining a diversion used exclusively for agricultural purposes may report estimated water use for the reporting period in subdivision (3) of this subsection.

(d) Information reported by a person or municipality for the purposes of subsection (b) or (c) of this section shall not be used by the Commissioner of Environmental Protection to order the payment of civil penalties pursuant to section 22a-6b of the general statutes and subsection (b) of section 22a-376 of the general statutes provided the person or municipality has filed a permit application pursuant to section 22a-368 of the general statutes on or before July 1, 2003. This subsection shall not apply to any information the commissioner can document independent of a submission pursuant to this section. Failure to report the information required in this section may result in civil penalties in accordance with section 22a-6b of the general statutes and subsection (b) of section 22a-376 of the general statutes.

Sec. 2. This act shall take effect from its passage.

Approved July 11, 2001