Sec. 25-33a. State grants for water facilities. State bond authorization. (a) The
State Bond Commission shall have power, from time to time to authorize the issuance
of bonds of the state in one or more series and in principal amounts not exceeding in
the aggregate four million one hundred fifty-one thousand five hundred ninety-nine
dollars, for the purposes of providing funds for (1) grants to municipally-owned water
companies for the planning, design, modification or construction of drinking water facilities of such companies made necessary by the requirements of the Safe Water Act of
1974, or by an order of the Department of Public Health deeming the water supplied
by such companies to be inadequate, which facilities shall include, but need not be
limited to, collection facilities, treatment facilities, wells, tanks, mains, pumps, transmission facilities and any other machinery and equipment necessary to meet the requirements of said act, (2) grants in accordance with the provisions of section 22a-471 to water
companies, as defined in section 25-32a, which have less than ten thousand customers, as
defined in said section 25-32a, for the treatment of a contaminated water supply well
which is owned, maintained, operated, managed, controlled or employed by the water
company, and (3) water supply emergency assistance grants to investor-owned water
companies which supply water to at least twenty-five but less than one thousand customers for repair, rehabilitation, interconnection or replacement, in the event that such company has ceased to provide water as a result of equipment or facility failure and the
Commissioner of Economic and Community Development, upon recommendation of
the Department of Public Health and in consultation with the Department of Public
Utility Control, makes a determination that the company is financially unable to immediately restore service and there is no alternative water company reasonably able to immediately supply water. The grants shall be made in accordance with terms and conditions
as provided in regulations to be promulgated by the Commissioner of Economic and
Community Development, subject to approval by the Commissioner of Public Health,
provided the amount of any such grant under subdivision (1) of this subsection shall
not exceed one hundred thousand dollars or thirty per cent of the cost of the project
being funded by the grant, whichever is greater. For the purposes of this section, planning
costs shall include, but need not be limited to, fees and expenses of architects, engineers,
attorneys, accountants and other professional consultants, and costs of preparing surveys, studies, site plans and plans and specifications for eligible drinking water facilities.
Not more than four million dollars of the proceeds of such bonds shall be allocated to
the municipally-owned water companies grant program under subdivision (1) of this
subsection, not more than two million dollars of the proceeds of such bonds shall be
allocated for the treatment of contaminated water supply wells which are owned, maintained, operated, managed, controlled or employed by a water company under subdivision (2) of this subsection, and not more than seven hundred thousand dollars of the
proceeds of such bonds shall be allocated to the investor-owned emergency assistance
grant program under subdivision (3) of this subsection.
(b) All provisions of section 3-20 or the exercise of any right or power granted
thereby which are not inconsistent with the provisions of this section and sections 12-75, 12-76 and 25-33b are hereby adopted and shall apply to all bonds authorized by the
State Bond Commission pursuant to this section, and temporary notes in anticipation
of the money to be derived from the sale of any such bonds so authorized may be issued
in accordance with said section 3-20 and from time to time renewed. Such bonds shall
mature at such time or times not exceeding twenty years from their respective dates
as may be provided in or pursuant to the resolution or resolutions of the State Bond
Commission authorizing such bonds. None of said bonds shall be authorized except
upon a finding by the State Bond Commission that there has been filed with it a request
for such authorization, which is signed by or on behalf of the Commissioner of Economic
and Community Development and states such terms and conditions as said commission,
in its discretion, may require. Said bonds issued pursuant to this section shall be general
obligations of the state and the full faith and credit of the state of Connecticut are pledged
for the payment of the principal of and interest on said bonds as the same become due,
and accordingly and as part of the contract of the state with the holders of said bonds,
appropriation of all amounts necessary for punctual payment of such principal and interest is hereby made, and the Treasurer shall pay such principal and interest as the same
become due.
(c) Each grant made pursuant to subsection (a) of this section shall be authorized
by the Connecticut Development Authority or, if the authority so determines, by a committee of the authority consisting of the chairman and either one other member of the
authority or its executive director. The Connecticut Development Authority shall charge
reasonable application and other fees to be applied to the administrative expenses incurred in carrying out the provisions of this section, to the extent such expenses are not
paid by the authority or from moneys appropriated to the department. Each such payment
shall be made by the Treasurer upon certification by the Commissioner of Economic
and Community Development that the payment is authorized under the provisions of
this section under the applicable rules and regulations of the department, and under the
terms and conditions established by the authority or the duly appointed committee
thereof in authorizing the making of the grant.
(P.A. 78-273, S. 3, 5; 78-303, S. 85, 136; P.A. 80-451, S. 1, 2; P.A. 81-370, S. 7, 13; P.A. 82-136, S. 1, 2; P.A. 83-522,
S. 1, 2; June Sp. Sess. P.A. 83-33, S. 16, 17; P.A. 84-349, S. 1, 2; P.A. 85-407, S. 4, 9; 85-483, S. 1, 2; P.A. 86-403, S. 59,
132; P.A. 87-416, S. 15, 24; P.A. 88-265, S. 30, 36; P.A. 89-119, S. 1, 4; P.A. 90-297, S. 15, 24; P.A. 93-381, S. 9, 39;
P.A. 95-250, S. 1; P.A. 95-257, S. 12, 21, 58; P.A. 96-211, S. 1, 5, 6; P.A. 98-259, S. 12, 17.)
History: P.A. 78-273 effective June 1, 1978, and applicable to the 1978 assessment list in any town; P.A. 78-303
authorized editorial changes to conform section to amendments enacted by P.A. 77-614; P.A. 80-451 amended Subsec.
(a) to specify lower size limit of companies in Subdiv. (1), to clarify use of funds for drinking water facilities, to specify
what constitutes planning costs, to limit amounts to be used for investor-owned and municipal companies and to set interest
rate and added Subsecs. (c) and (d); P.A. 81-370 increased the aggregate of bonds the bond commission may authorize
for purposes of this section from seven million to nine million dollars, increasing authorization for municipally-owned
water companies grant program by two million dollars; P.A. 82-136 amended Subsec. (a) to expand facilities eligible for
loans to include those required by a department of health services order deeming water supplied to be inadequate; P.A.
83-522 amended Subsec. (a) to provide that (1) bond proceeds may also be used for such loans to municipally-owned water
companies, (2) grants to municipally-owned companies may be made for design or modification in addition to planning
or construction as previously allowed, (3) the amount of any such loan or grant may not exceed one hundred thousand
dollars or thirty per cent of the cost of the project, whichever is greater and (4) no loan or grant may be made under this
section after June 30, 1984; June Sp. Sess. P.A. 83-33 removed loans from ceiling amount imposed by P.A. 83-522; P.A.
84-349 deleted provision terminating the program on June 30, 1984; P.A. 85-407 increased bond limit from nine million
to eleven million dollars to provide for grants to water companies for treatment of contaminated water supply wells; P.A.
85-483 increased bond limit by additional seven hundred thousand dollars, to provide for water supply emergency assistance
grants to investor-owned water companies; P.A. 86-403 made technical changes in Subsec. (a); P.A. 87-416 provided that
the interest rates on loans would be determined in accordance with Subsec. (t) of Sec. 3-20; P.A. 88-265 reduced the bond
limit in Subsec. (a) from eleven million to six million dollars and eliminated provisions re state loans for drinking water
facilities; P.A. 89-119 made technical change to Subsec. (c); P.A. 90-297 decreased the bond authorization from six million
seven hundred thousand dollars to four million one hundred ninety thousand five hundred eighty-four dollars (Revisor's
note: The Subdiv. (1) indicator in Subsec. (a) was restored editorially by the Revisors since it had been inadvertently
deleted by public act 88-265); P.A. 93-381 replaced department and commissioner of health services with department and
commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-250 and P.A. 96-211 replaced
Commissioner and Department of Economic Development with Commissioner and Department of Economic and Community Development; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with
Commissioner and Department of Public Health, effective July 1, 1995; P.A. 98-259 amended Subsec. (a) to decrease
authorization from $4,190,584 to $4,151,599, effective July 1, 1998.
Sec. 25-33b. Regulations re loans and grants to water companies. The Commissioner of Economic and Community Development shall adopt regulations in accordance
with chapter 54 which specify the terms and conditions of low-interest loans and grants
to water companies and any additional requirements necessary to carry out the purposes
of section 12-76.
(P.A. 78-273, S. 4, 5; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6.)
History: P.A. 78-273 effective June 1, 1978, and applicable to the 1978 assessment list in any town; P.A. 95-250 and
P.A. 96-211 replaced Commissioner and Department of Economic Development with Commissioner and Department of
Economic and Community Development.
Sec. 25-33c. Legislative finding. The General Assembly finds that an adequate
supply of potable water for domestic, commercial and industrial use is vital to the health
and well-being of the people of the state. Readily available water for use in public water
systems is limited and should be developed with a minimum of loss and waste. In order
to maximize efficient and effective development of the state's public water supply systems and to promote public health, safety and welfare, the Department of Public Health
shall administer a procedure to coordinate the planning of public water supply systems.
(P.A. 85-535, S. 1, 13; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced department of health services with department of public health and addiction services,
effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with
Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 25-33d. Definitions. As used in sections 25-33c to 25-33j, inclusive:
(a) "Public water system" means any private, municipal or regional utility supplying
water to fifteen or more service connections or twenty-five or more persons;
(b) "Public water supply management area" means a region determined by the Commissioner of Public Health to have similar water supply problems and characteristics;
(c) "Exclusive service area" means an area where public water is supplied by one
system;
(d) "Commissioner" means the Commissioner of Public Health;
(e) "Satellite management" means management of a public water supply system by
another water company;
(f) "Coordinated water system plan" means (1) the individual water system plans
of each public water system within a public water supply management area, filed pursuant to section 25-32d, and (2) an area-wide supplement to such plans developed pursuant
to section 25-33h which addresses water system concerns pertaining to the public water
supply management area as a whole.
(P.A. 85-535, S. 2, 13; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 25-33e. Delineation of public water supply management areas. (a) Not
more than six months after July 1, 1985, the Commissioner of Public Health, in consultation with the Department of Public Utility Control, the Commissioner of Environmental
Protection and the Secretary of the Office of Policy and Management, shall delineate
the preliminary boundaries of public water supply management areas and establish preliminary priorities for initiation in such areas of the planning process established in
sections 25-33f to 25-33h, inclusive. Not more than one year after July 1, 1985, the
commissioner, after a hearing, shall delineate the final boundaries of such areas. In
making such delineation, the commissioner shall consider the following: (1) The similarity of water supply problems among water companies operating in the preliminary management area; (2) population density and distribution in the area; (3) the location of
existing sources of public water supply, service areas or franchise areas; (4) existing
interconnections between public water systems; (5) municipal and regional planning
agency boundaries; (6) natural drainage basins; (7) topographic and geologic characteristics; and (8) any other factor he deems relevant.
(b) Not more than one year after July 1, 1985, the commissioner, after hearing, shall
establish the final priorities for initiation of the planning process. In establishing such
priorities the commissioner shall consider the existence and severity of the following
in each management area: (1) Uncoordinated planning, (2) inadequate water supply, (3)
unreliable water service, and (4) any other factor he deems relevant.
(P.A. 85-535, S. 3, 13; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 25-33f. Water utility coordinating committees. Membership. (a) The
Commissioner of Public Health, following the final priorities established pursuant to
section 25-33e, shall convene a water utility coordinating committee for each public
water supply management area to implement the planning process established by this
section and sections 25-33g and 25-33h.
(b) A water utility coordinating committee shall consist of one representative from
each public water system with a source of water supply or a service area within the
public water supply management area and one representative from each regional planning agency within such area, elected by majority vote of the chief elected officials of
the municipalities that are members of such regional planning agency. Each committee
shall elect a chairman, adopt and amend, as required, a work plan and schedule for a
coordinated plan and adopt rules, including, but not limited to, rules for publication of
meeting times and agendas, and for public comment, including notice of a comment
period and documentation of responses to comments.
(P.A. 85-535, S. 4, 13; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 25-33g. Assessment of water supply conditions and problems. Exclusive
service area boundaries. (a) Each water utility coordinating committee, in consultation
with the Commissioners of Public Health and Environmental Protection, the Secretary
of the Office of Policy and Management and the Department of Public Utility Control,
shall develop a preliminary assessment of water supply conditions and problems within
the public water supply management area. The committee shall solicit comments on the
preliminary assessment from municipalities, regional planning agencies, state agencies
and other interested parties and respond to any comment received. The committee shall
thereafter prepare a final assessment.
(b) The committee shall establish preliminary exclusive service area boundaries,
based on the final assessment, for each public water system within the management
area, and may change such boundaries. In establishing exclusive service area boundaries
the committee shall solicit comments on such boundaries from municipalities, regional
planning agencies, the Commissioners of Environmental Protection and Public Health,
the Department of Public Utility Control, the Secretary of the Office of Policy and
Management and other interested persons within the management area and respond to
any comment received. If there is no agreement by the committee on such boundaries,
or on a change to such boundaries, the committee shall consult with the Department of
Public Utility Control. If there is no agreement by the committee after such consultation,
the Commissioner of Public Health shall establish or may change such exclusive service
area boundaries taking into consideration any water company rights established by statute, special act or administrative decisions. In establishing such boundaries the commissioner shall maintain existing service areas and consider the orderly and efficient development of public water supplies. In considering any change to exclusive service area
boundaries, the commissioner shall maintain existing service areas, consider established
exclusive service areas, and consider the orderly and efficient development of public
water supplies.
(P.A. 85-535, S. 5, 13; P.A. 86-403, S. 60, 132; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 02-139, S. 1.)
History: P.A. 86-403 made technical change in Subsec. (a); P.A. 93-381 replaced commissioner of health services with
commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and
Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July
1, 1995; P.A. 02-139 amended Subsec. (b) by adding provisions re authority of committee and commissioner to change
exclusive service area boundries.
Sec. 25-33h. Coordinated water system plan. Regulations. (a) Each water utility
coordinating committee shall prepare a coordinated water system plan in the public
water supply management area. Such plan shall be submitted to the Commissioner of
Public Health for his approval not more than two years after the first meeting of the
committee. The plan shall promote cooperation among public water systems and include, but not be limited to, provisions for (1) integration of public water systems,
consistent with the protection and enhancement of public health and well-being; (2)
integration of water company plans; (3) exclusive service areas; (4) joint management or
ownership of services; (5) satellite management services; (6) interconnections between
public water systems; (7) integration of land use and water system plans; (8) minimum
design standards; (9) water conservation; (10) the impact on other uses of water resources; and (11) acquisition of land surrounding wells proposed to be located in stratified drifts.
(b) The plan shall be adopted in accordance with the provisions of this section.
The committee shall prepare a draft of the plan and solicit comments thereon from
the Commissioners of Public Health and Environmental Protection, the Department of
Public Utility Control, the Secretary of the Office of Policy and Management and any
municipality, regional planning agency or other interested party within the management
area. The municipalities and regional planning agencies shall comment on, but shall not
be limited to commenting on, the consistency of the plan with local and regional land
use plans and policies. The Department of Public Utility Control shall comment on, but
shall not be limited to commenting on, the cost-effectiveness of the plan. The Secretary
of the Office of Policy and Management shall comment on, but shall not be limited to
commenting on, the consistency of the plan with state policies. The Commissioner of
Environmental Protection shall comment on, but shall not be limited to commenting
on, the availability of water for any proposed diversion. The Commissioner of Public
Health shall comment on, but shall not be limited to commenting on, the availability of
pure and adequate water supplies, potential conflicts over the use of such supplies, and
consistency with the goals of sections 25-33c to 25-33j, inclusive.
(c) The Commissioner of Public Health shall adopt regulations in accordance with
the provisions of chapter 54 establishing the contents of a plan and a procedure for
approval or amendment to the plan.
(P.A. 85-535, S. 6, 13; P.A. 89-305, S. 24, 32; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 97-84; P.A. 02-139, S. 2.)
History: P.A. 89-305 amended Subsec. (a) by adding Subdiv. (10), concerning acquisition of land surrounding wells
proposed to be located in stratified drifts, as component of plan; P.A. 93-381 replaced commissioner of health services
with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner
and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective
July 1, 1995; P.A. 97-84 amended Subsec. (a) to insert new Subdiv. (9) re water conservation, renumbering remaining
Subdivs. accordingly; P.A. 02-139 amended Subsec. (c) by requiring the commissioner to adopt regulations re amendment
to the plan.
Sec. 25-33i. Consistency with plan. Restriction on approval of public water
supply system. (a) Any permit issued by the Commissioner of Public Health pursuant
to this chapter shall, to the extent feasible, be consistent with any coordinated plan
adopted pursuant to section 25-33h.
(b) No public water supply system may be approved within a public water supply
management area after the Commissioner of Public Health has convened a water utility
coordinating committee unless (1) an existing public water supply system is unable to
provide water service or (2) the committee recommends such approval.
(P.A. 85-535, S. 7, 13; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 25-33j. Contract for services to water utility coordinating committee. The
Commissioner of Public Health may enter into contracts with consultants to provide
services to water utility coordinating committees. The amount of any contract shall not
exceed two hundred thousand dollars. Any appropriation made to the Department of
Public Health for the purposes of this section shall not lapse until The Department
of Public Health has completed the planning process for a water utility coordinating
committee.
(P.A. 85-535, S. 8, 13; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 98-89.)
History: P.A. 93-381 replaced department and commissioner of health services with department and commissioner of
public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public
Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 98-89
changed "one contract per year with a consultant" to "contracts with consultants", changed "coordinating committee" to
"coordinating committees", changed the dollar limit from one to two hundred dollars, and changed the lapse date from
June 30 of the second year following the appropriations to when the department has completed the planning process.
Sec. 25-33k. Abandonment of source of water supply. Definition. Application
and notification to municipalities. Basis for commissioner's decision. (a) For purposes of this section, "safe yield" means the maximum dependable quantity of water
per unit of time that may flow or be pumped continuously from a source of supply during
a critical dry period without consideration of available water limitations.
(b) No source of water supply shall be abandoned by a water company or other
entity without a permit from the Commissioner of Public Health. A water company or
other entity shall apply for such permit in the manner prescribed by the commissioner.
Not later than thirty days before filing an application for such permit, the applicant shall
notify the chief elected official of any municipality in which such source of supply is
located. Not later than sixty days after receipt of such notification the municipality or
municipalities receiving such notice and any water company as defined in section 25-32a may submit comments on such application to the commissioner. The commissioner
shall take such comments into consideration when reviewing the application.
(c) (1) In the commissioner's decision, the commissioner shall consider the water
supply needs of the water company, the state and any comments submitted pursuant to
subsection (b) of this section, and shall consult with the Commissioner of Environmental
Protection, the Secretary of the Office of Policy and Management and the Department
of Public Utility Control.
(2) The Commissioner of Public Health shall grant a permit upon a finding that any
groundwater source with a safe yield of less than 0.75 millions of gallons per day, any
reservoir with a safe yield of less than 0.75 millions of gallons per day, any reservoir
system with a safe yield of less than 0.75 millions of gallons per day, or any individual
source within a reservoir system when such system has a safe yield of less than 0.75
millions of gallons per day will not be needed by such water company for present or
future water supply and, in the case of a water company required to file a water supply
plan under section 25-32d, that such abandonment is consistent with a water supply
plan filed and approved pursuant to said section. No permit shall be granted if the commissioner determines that the source would be necessary for water supply by the company owning such source in an emergency or the proposed abandonment would impair
the ability of such company to provide a pure, adequate and reliable water supply for
present and projected future customers. As used in this section, a future source of water
supply shall be considered to be any source of water supply necessary to serve areas
reasonably expected to require service by the water company owning such source for
a period of not more than fifty years after the date of the application for a permit under
this section.
(3) The Commissioner of Public Health shall grant a permit upon a finding that any
groundwater source with a safe yield of more than 0.75 millions of gallons per day, any
reservoir with a safe yield of more than 0.75 millions of gallons per day, any reservoir
system with a safe yield of more than 0.75 millions of gallons per day, or any individual
source within a reservoir system when such system has a safe yield of more than 0.75
millions of gallons per day is of a size or condition that makes it unsuitable for present
or future use as a drinking water supply by the water company, other entity or the state.
In making a decision, the commissioner shall consider the general utility of the source
and the viability for use to meet water supply needs. The commissioner shall consider
any public water supply plans filed and approved pursuant to sections 25-32d and 25-33h, and any other water system plan approved by the commissioner, and the efficient
and effective development of public water supply in the state. In assessing the general
utility of the source, the commissioner shall consider factors including, but not limited
to, (1) the safe yield of the source, (2) the location of the source relative to other public
water supply systems, (3) the water quality of the source and the potential for treatment,
(4) water quality compatibility between systems and interconnections, (5) extent of
water company-owned lands for source protection of the supply, (6) types of land uses
and land use controls in the aquifer protection area or watershed and their potential
impact on water quality of the source, and (7) physical limitations to water service,
system hydraulics and topography.
(P.A. 85-336, S. 2, 6; P.A. 93-381, S. 9. 39; P.A. 95-257, S. 12, 21, 58; P.A. 98-157, S. 12, 15; May Sp. Sess. P.A. 04-2, S. 44.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 98-157 added provision requiring consideration of potential impairment of present and future water supply for granting permit to abandon a source,
effective July 1, 1998; May Sp. Sess. P.A. 04-2 divided existing provisions into Subsecs. (b), (c)(1) and (c)(2), added
Subsec. (a) defining "safe yield", added provisions in Subsec. (b) re procedure for permit and notification to municipality,
amended Subsec. (c)(1) by adding requirement for commissioner to consider water supply needs of state and comments
received from municipalities, amended Subsec. (c)(2) to provide basis for commissioner's decision on application for
abandonment of smaller sources of water supply, added Subsec. (c)(3) re basis for commissioner's decision on application
for abandonment of larger sources of water supply, and made conforming and technical changes.
Sec. 25-33l. Sale of source, potential source or abandoned source of water supply. (a) Whenever any water company intends to sell a source, potential source or abandoned source of water supply, it shall notify the Commissioner of Public Health. The
commissioner shall order such company to notify, in writing, by certified mail, return
receipt requested, other water companies that may reasonably be expected to utilize the
source, potential source or abandoned source of its intention and the price at which it
intends to sell such source. The commissioner shall determine the water companies that
shall receive notice after consideration of public water supply plans filed and approved
pursuant to section 25-32d and any other water system plan approved by the commissioner. No agreement to sell such source may be entered into by the water company
except as hereinafter provided.
(b) Within ninety days after notice has been mailed pursuant to subsection (a) of
this section, a water company receiving notice of the sale pursuant to said subsection
shall give notice to the water company selling the source, potential source or abandoned
source of water supply by certified mail, return receipt requested, of a desire to acquire
such source and such water company shall have the right to acquire the interest in such
source for water supply purposes. If two or more water companies seek to acquire such
source, potential source or abandoned source at the price at which it is offered, the
Commissioner of Public Health shall hold a hearing to determine which company shall
be allowed to acquire such source. In making his determination, the commissioner shall
consider any public water supply plans filed and approved pursuant to section 25-32d,
any other water system plans approved by the commissioner, the needs of each company
and the efficient and effective development of public water supply in the state. The
decision of the commissioner shall be subject to appeal pursuant to section 4-183 and
shall have precedence in the order of trial as provided in section 52-191.
(c) If a water company fails to give notice pursuant to subsection (b) of this section
by certified mail, return receipt requested, of its desire to acquire such source, potential
source or abandoned source of water supply, such water company shall have waived its
right to acquire the source or potential source of water supply in accordance with the
terms of this section.
(d) The water company desiring to acquire the interest in the source, potential source
or abandoned source of water supply shall acquire such interest within twelve months
of the determination by the commissioner of which water company shall be allowed to
acquire such source. If the rates of the water company acquiring such source are regulated
by the Department of Public Utility Control, the source acquired may be included in
the rate base of such company at the acquisition price.
(P.A. 85-336, S. 3, 6; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 25-33m. Priority for acquisition of source, potential source or abandoned
source of water supply. Notwithstanding the provisions of section 16-50d, any water
company given written notice pursuant to subsection (b) of section 25-33l shall have
priority to acquire a source, potential source or abandoned source of water over any
municipality in which such source is located or the Commissioner of Environmental
Protection.
(P.A. 85-336, S. 4, 6.)
Sec. 25-33n. Annual report on water planning process. On or before the second
Wednesday after the convening of each regular session of the General Assembly, the
Commissioner of Public Health shall submit a report to the joint standing committees
of the General Assembly having cognizance of matters relating to the environment and
public utilities, which describes the status of, for the year ending the preceding June
thirtieth, the water planning process established under sections 25-33g to 25-33j, inclusive, and efforts to expedite the process.
(P.A. 89-305, S. 20, 32; P.A. 93-381, S. 9, 39; P.A. 94-219, S. 6; P.A. 95-257, S. 12, 21, 58; June Sp. Sess. P.A. 98-1,
S. 21, 121.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 94-219 required report to be sent to the joint standing committee of the general
assembly having cognizance of matters relating to energy and public utilities; P.A. 95-257 replaced Commissioner and
Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July
1, 1995; June Sp. Sess. P.A. 98-1 made a technical change, effective June 24, 1998.
Sec. 25-33o. Water Planning Council: Composition, duties, report. (a) The
chairperson of the Public Utility Control Authority, or the chairperson's designee, the
Commissioner of Environmental Protection, or the commissioner's designee, the Secretary of the Office of Policy and Management, or the secretary's designee, and the Commissioner of Public Health, or the commissioner's designee, shall constitute a Water
Planning Council to address issues involving the water companies, water resources and
state policies regarding the future of the state's drinking water supply. The chairperson
of the Public Utility Control Authority shall convene the first meeting of the council.
(b) The Water Planning Council shall conduct a study, in consultation with representatives of water companies, municipalities, agricultural groups, environmental
groups and other water users, that shall include the following issues: (1) The financial
viability, market structure, reliability of customer service and managerial competence
of water companies; (2) fair and reasonable water rates; (3) protection and appropriate
allocation of the state's water resources while providing for public water supply needs;
(4) the adequacy and quality of the state's drinking water supplies to meet current and
future needs; (5) an inventory of land and land use by water companies; (6) the status
of current withdrawals, projected withdrawals, river flows and the future needs of water
users; (7) methods for measurement and estimations of natural flows in Connecticut
waterways in order to determine standards for stream flows that will protect the ecology
of the state's rivers and streams; (8) the status of river flows and available data for
measuring river flows; (9) the streamlining of the water diversion permit process; (10)
coordination between the Departments of Environmental Protection, Public Health and
Public Utility Control in review of applications for water diversion; and (11) the procedure for coordination of planning of public water supply systems established in sections
25-33c to 25-33j, inclusive. Such study shall be conducted on both a regional and state-wide level.
(c) The council shall, not later than January 1, 2002, and annually thereafter, report
its preliminary findings and any proposed legislative changes to the joint standing committees of the General Assembly having cognizance of matters relating to public health,
the environment and public utilities in accordance with section 11-4a, except that not
later than February 1, 2004, the council shall report its recommendations in accordance
with this subsection with regard to (1) a water allocation plan based on water budgets
for each watershed, (2) funding for water budget planning, giving priority to the most
highly stressed watersheds, and (3) the feasibility of merging the data collection and
regulatory functions of the Department of Environmental Protection's inland water resources program and the Department of Public Health's water supplies section.
(P.A. 01-177; P.A. 02-76, S. 4; P.A. 03-141, S. 3.)
History: P.A. 02-76 amended Subsec. (c) to add "and annually thereafter" and to delete provisions re final report and
termination of council, effective June 3, 2002; P.A. 03-141 amended Subsec. (c) to add requirement for the council to
report its recommendations on certain issues not later than February 1, 2004, effective July 1, 2003.
Sec. 25-34. Investigation of water or ice supply. (a) The Department of Public
Health may, and upon complaint shall, investigate any system of water supply or source
of water or ice supply from which water or ice used by the public is obtained, and, if it
finds any pollution or threatened pollution which in its judgment is prejudicial to public
health, it shall notify the owner or operator of such water company or system of ice
supply, or the person or corporation causing or permitting such pollution or threatened
pollution, and the Commissioner of Environmental Protection, of its findings and shall
make such orders as it deems necessary to protect such water or ice supply and render
such water or ice safe for domestic use.
(b) A copy of any such order shall be mailed to such owner or operator or such
person or corporation by certified mail, return receipt requested. Within thirty days of
the date of mailing, the recipient of the order may request a hearing to show why the
findings in the order are not based on substantial evidence or that the order is an abuse
of discretion. Upon receipt of such request the commissioner shall grant a hearing as
soon thereafter as practicable or within ten business days if the order requires immediate
compliance. The commissioner shall not grant any request for a hearing at any time
thereafter. The order shall be effective on a date set by the commissioner but the recipient
of the order may request a stay of such order pending the decision of the commissioner.
Any hearing shall be deemed to be a contested case and held in accordance with the
provisions of chapter 54. The request for a hearing shall be a condition precedent to an
appeal under the provisions of section 25-36.
(1949 Rev., S. 4017; 1967, P.A. 691, S. 5; 1971, P.A. 872, S. 78; P.A. 77-614, S. 323, 610; P.A. 84-40, S. 1, 2; P.A.
93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: 1967 act replaced "owner of such system of water or ice supply" with "owner or operator of such water company
or system of ice supply"; 1971 act required that commissioner of environmental protection be notified of health department
findings; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A.
84-40 designated Subsec. (a) from the existing section and deleted provision requiring a hearing prior to issuance of an
order and added Subsec. (b) establishing procedures for the issuance of orders and the conduct of public hearings; P.A.
93-381 replaced department of health services with department of public health and addiction services, effective July 1,
1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner
and Department of Public Health, effective July 1, 1995.
Cited. 201 C. 592, 594, 595.
Sec. 25-35. Enforcement agents. The Department of Public Health may employ
agents and engineers to carry out the provisions of sections 25-32, 25-33 and 25-34, at
such expense as may be approved by the Secretary of the Office of Policy and Management.
(1949 Rev., S. 4018; P.A. 77-614, S. 19, 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 replaced commissioner of finance and control with secretary of the office of policy and management
and, effective January 1, 1979, replaced department of health with department of health services; P.A. 93-381 replaced
department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257
replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of
Public Health, effective July 1, 1995.
See chapter 67 re State Personnel Act.
Sec. 25-36. Orders of department; appeals; civil penalty. (a) Except as provided
otherwise in this part, any person or corporation aggrieved by any order of the Department of Public Health made under the provisions of this part, may appeal therefrom in
accordance with the provisions of section 4-183, except venue shall be in the judicial
district in which the source of the water or ice supply is located. If such source is located
in more than one judicial district, the appeal shall be taken to the court for that judicial
district containing the part of such source nearest the mouth of the stream or river forming
the main portion of the source of supply. If a water company is subject to such an order
and such water company takes an appeal in accordance with this subsection, the water
company shall provide notice of such appeal to the local director of health in the municipality or municipalities in which a violation occurred or that utilize such water, and such
local director of health shall have the right to be heard in such appeal. Each order of the
Department of Public Health issued under the foregoing provisions to any person or
corporation shall specify the time within which such person or corporation shall comply
with the terms thereof. If such person or corporation fails to comply with the terms of
such order and no appeal is taken therefrom, the state's attorney for the judicial district
of Hartford shall bring a complaint against such person or corporation to the superior
court for said judicial district.
(b) Except as provided otherwise in this part, upon the failure of any person or
corporation to comply with any order made under the provisions of this part, the Attorney
General, upon request of the Commissioner of Public Health, may bring an action in
the superior court for the judicial district of Hartford to obtain enforcement of the order
by the court. All actions brought by the Attorney General pursuant to the provisions of
this section shall have precedence in the order of trial as provided in section 52-191.
The court may issue such orders as are necessary to obtain compliance with the order
of the department and shall impose a civil penalty not exceeding five thousand dollars
per day commencing from the date compliance was ordered.
(1949 Rev., S. 4019; 1971, P.A. 870, S. 123; P.A. 74-183, S. 251, 291; P.A. 76-436, S. 215, 681; P.A. 77-603, S. 108,
125; 77-614, S. 323, 610; P.A. 78-280, S. 1, 127; P.A. 84-285, S. 1, 4; P.A. 88-230, S. 1, 12; 88-364, S. 40, 123; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-381, S. 9, 39; P.A. 95-220, S. 4-6; 95-257, S. 12, 21, 58; 95-329, S. 2, 31; P.A. 01-185, S. 4.)
History: 1971 act replaced superior court with court of common pleas, effective September 1, 1971, except that courts
with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 74-183 added references to judicial
districts; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-603 replaced
previous requirement that appeals be filed within thirty days, with requirement that appeals be made in accordance with
Sec. 4-183; P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A.
78-280 deleted references to counties; P.A. 84-285 deleted provision which had authorized court to hear appeals by itself
or by committee, to proceed as on complaints for equitable relief and to make such orders as it finds equitable and specified
that state's attorney for Hartford-New Britain judicial district shall bring complaint where noncompliance with order occurs
and no appeal is taken and added new provisions designated as Subsec. (b) authorizing the attorney general to bring an
action for compliance with an order and establishing a civil penalty for noncompliance with an order; P.A. 88-230 replaced
"judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 88-364
made a technical change in Subsec. (a); P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to
September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996,
effective June 14, 1993; P.A. 93-381 replaced department and commissioner of health services with department and
commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-220 changed the effective date of
P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 95-257 replaced Commissioner
and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective
July 1, 1995; P.A. 95-329 added "except as otherwise provided in this part" at the start of Subsecs. (a) and (b) and replaced
reference to Secs. 25-32, 25-33 and 25-34 with reference to "part III of this chapter", effective July 1, 1995; P.A. 01-185
amended Subsec. (a) to require a water company that is appealing an order to provide notice of such appeal to the local
director of health in the municipality or municipalities in which a violation occurred or that utilize such water and provide
such director the right to be heard in the appeal.
Subsec. (a):
Court does not have jurisdiction over appeal of order delineating exclusive public water supply system boundaries
within public water supply management area since hearing not required and therefore order not a contested case under
Sec. 4-183. 80 CA 248.
Sec. 25-37. Penalties. Any individual, partnership, association, corporation, municipality, company or other entity violating any provision of sections 25-32 to 25-36,
inclusive, or any order, standard or regulation issued thereunder shall be fined not more
than five hundred dollars for each day such violation continues.
(1949 Rev., S. 4020; P.A. 77-580, S. 1, 2.)
History: P.A. 77-580 added "individual, partnership, association" and "municipality, company or other entity", extending applicability of provisions, replaced reference to Sec. 25-34 with reference to Sec. 25-36, deleted reference to
orders of health department and increased fine from one to five hundred dollars and specified that fine applies to each day
violation continues.
Sec. 25-37a. Legislative finding and purpose. The General Assembly finds and
declares that an adequate supply of pure water is and will always be essential for the
health and safety and economic well-being of the state, that lands acquired for public
water supply purposes are and will in the future be necessary to protect the public water
supply notwithstanding the availability of water filtration plants; that some of such lands
have been acquired by water companies having the power of eminent domain, that such
lands are in imminent danger of being disposed of by water companies for residential
and commercial development, that such lands constitute a significant portion of the
remaining undeveloped and open space lands in close proximity to the urbanized areas
of the state, and that it is in the public interest that there be established criteria for the
orderly disposition of such lands. The General Assembly further finds and declares that
in order to protect the purity and adequacy of the water supply the Department of Public
Health should be directed to revise its procedure for the review of applications to sell
water company land located on public drinking water supply watersheds, that the disposition of such land prior to the revision of application review procedures would jeopardize the public health and welfare, and that therefore the prohibition against sale or
development of water company land located on the watershed should be extended for
a period of three years from June 26, 1977.
(P.A. 77-606, S. 1, 10; 77-614, S. 323, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-294, S. 1, 4; P.A. 93-381, S. 9, 39;
P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 and P.A. 78-303 replaced department of health with department of health services, effective
January 1, 1979; P.A. 79-294 extended prohibition against sale or development of water company land on watershed from
two to three years from June 26, 1977; P.A. 93-381 replaced department of health services with department of public health
and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Cited. 3 CA 53, 68.
Sec. 25-37b. Definitions. As used in sections 25-32 and 25-37a to 25-37e, inclusive, "critical components of a stream belt" means (1) the watercourse of a defined
stream including banks, beds and water; (2) land subject to stream overflow; (3) associated wetlands, and (4) shorelines of lakes and ponds associated with the stream. "First-order stream" means a stream which directly enters a reservoir; "purity and adequacy
of public drinking water supply" means the quality and quantity of public drinking water
as determined by the Commissioner of Public Health under subsection (d) of section
25-32; "water company" means any water company as defined in section 25-32a, and
"commissioner" means the Commissioner of Public Health.
(P.A. 77-606, S. 2, 10; 77-614, S. 323, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-631, S. 103, 111; P.A. 88-357, S.
17; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 and P.A. 78-303 replaced commissioner of health with commissioner of health services, effective
January 1, 1979; P.A. 79-631 replaced reference to abolished public health council with commissioner of health services;
P.A. 88-357 substituted reference to Sec. 25-37e for reference to Sec. 25-37g; P.A. 93-381 replaced commissioner of
health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced
Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public
Health, effective July 1, 1995.
Cited. 3 CA 53, 68.
Sec. 25-37c. Regulations. Classification of land owned by or acquired from a
water company. The Department of Public Health shall adopt, in accordance with
chapter 54, regulations establishing criteria and performance standards for three classes
of water-company-owned land.
(a) Class I land includes all land owned by a water company or acquired from a
water company through foreclosure or other involuntary transfer of ownership or control
which is either: (1) Within two hundred and fifty feet of high water of a reservoir or
one hundred feet of all watercourses as defined in agency regulations adopted pursuant
to this section; (2) within the areas along watercourses which are covered by any of the
critical components of a stream belt; (3) land with slopes fifteen per cent or greater
without significant interception by wetlands, swales and natural depressions between
the slopes and the watercourses; (4) within two hundred feet of groundwater wells; (5)
an identified direct recharge area or outcrop of aquifer now in use or available for future
use, or (6) an area with shallow depth to bedrock, twenty inches or less, or poorly drained
or very poorly drained soils as defined by the United States Soil Conservation Service
that are contiguous to land described in subdivision (3) or (4) of this subsection and that
extend to the top of the slope above the receiving watercourse.
(b) Class II land includes all land owned by a water company or acquired from a
water company through foreclosure or other involuntary transfer of ownership or control
which is either (1) on a public drinking supply watershed which is not included in class
I or (2) completely off a public drinking supply watershed and which is within one
hundred and fifty feet of a distribution reservoir or a first-order stream tributary to a
distribution reservoir.
(c) Class III land includes all land owned by a water company or acquired from a
water company through foreclosure or other involuntary transfer of ownership or control
which is unimproved land off public drinking supply watersheds and beyond one hundred and fifty feet from a distribution reservoir or first-order stream tributary to a distribution reservoir.
(P.A. 77-606, S. 3, 10; 77-614, S. 323, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-294, S. 2, 4; P.A. 93-381, S. 9, 39;
P.A. 95-257, S. 12, 21, 58; 95-329, S. 3, 31; P.A. 96-180, S. 93, 166.)
History: P.A. 77-614 and P.A. 78-303 replaced department of health with department of health services, effective
January 1, 1979; P.A. 79-294 referred to regulations issued under "this section" rather than under "section 19-13"; P.A.
93-381 replaced department of health services with department of public health and addiction services, effective July 1,
1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner
and Department of Public Health, effective July 1, 1995; P.A. 95-329 applied provisions re land classification types to
land "acquired from a water company through foreclosure or other involuntary transfer of ownership or control", effective
July 1, 1995; P.A. 96-180 amended Subsec. (b) to clarify the definition of class II land, effective June 3, 1996.
Cited. 3 CA 53, 68.
Sec. 25-37d. Commissioner to adopt regulations re permit applications. Referral to consultant. Appointment of professional review team. Within two years
after June 26, 1977, the commissioner shall adopt regulations in accordance with chapter
54 for the review of permit applications. Such procedure shall include a standard application form, a public hearing and enforcement provisions. A permit application shall be
deemed complete if the commissioner does not request additional information within
forty-five days after the date on which the application was submitted or, in the event
that additional information has been requested, upon the submission of such information.
The commissioner may request further information after the application has been
deemed complete if the need for such information was not apparent within forty-five
days after submission of the application. If, in the judgment of the commissioner, the
proposed sale, lease, assignment or change in use of class II land may have a significant
adverse impact upon the applicant's water supply, said commissioner may, within thirty
days of his receipt of a complete permit application, refer such application for detailed
review to a consultant chosen by the commissioner, with skills in the fields of water
supply, hydrology, aquatic biology, forestry, geology, planning or other related fields.
The commissioner shall notify the applicant of such referral. The fee for such consultant
shall be paid by the applicant. If the commissioner does not refer the application to a
consultant pursuant to the provisions of this section, the commissioner shall refer such
application to a professional review team appointed by said commissioner, consisting
of a professional water supply engineer from the staff of the Department of Public Utility
Control; a professional from the staff of the Department of Environmental Protection
with expertise in one of the following areas: Water supply, hydrology, aquatic biology,
forestry, geology or other related fields; a professional planner recommended by the
chief executive officer of the town or towns in which the land proposed for disposition
is located; a professional planner from the staff of the Office of Policy and Management;
an appointee from the staff of the Department of Public Health and up to three other
experts in the public health field provided nothing in this section shall be construed to
prevent the commissioner from referring such application to both a consultant and a
professional review team. No appointee or consultant shall serve at the time of his
appointment in the employ of the applicant. Such team or consultant shall evaluate the
impact of the proposed sale, lease, assignment or change in use of land upon the purity
and adequacy of the water supply under the most severe climatic conditions and its
ability to meet current drinking water standards adopted by the Department of Public
Health.
(P.A. 77-606, S. 5, 10; 77-614, S. 19, 323, 587, 610; P.A. 78-303, S. 85, 136; P.A. 84-342, S. 7, 13; P.A. 90-292, S. 1;
P.A. 93-381, S. 9, 39; P.A. 95-211, S. 2; 95-257, S. 12, 21, 58.)
History: P.A. 77-614 and P.A. 78-303 replaced department of planning and energy policy with office of policy and
management and, effective January 1, 1979, replaced department of health with department of health services; P.A. 84-342 replaced public utilities control authority with department of public utility control; P.A. 90-292 added provisions
authorizing referral of application to a consultant requiring notification of such referral to the applicant, requiring the
payment of the fee by the applicant and clarifying that an application may be referred to both a consultant and a review
team; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective
July 1, 1993; P.A. 95-211 required applications to be deemed complete if there is no request for more information within
forty-five days; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Cited. 3 CA 53, 68.
Sec. 25-37e. Duties of commissioner re permit applications. Within sixty days
after the receipt of a complete permit application the Commissioner of Public Health
shall issue a written decision granting or denying the permit and setting forth the reasons
for his decision, provided, if the commissioner has utilized the services of a consultant
or a professional review team as provided for by section 25-37d, such consultant or
review team shall submit to said commissioner, within ninety days of his receipt of
such application, a written report of its findings, and said commissioner shall issue his
decision within one hundred and twenty days of his receipt of such application or within
one hundred sixty-five days of the initial submission of the application. The commissioner shall forward a copy of his decision to the applicant, the Department of Public
Utility Control, the Department of Environmental Protection and the chief executive
officer of the town in which the land is located. If no decision is issued within one
hundred twenty days after receipt of a complete application or within one hundred sixty-five days of the initial submission of the application, the applicant may submit a written
request to the commissioner to issue the permit. If the commissioner does not issue a
decision within forty-five days after the submission of such a request, the permit shall
be deemed to have been granted.
(P.A. 77-606, S. 6, 10; 77-614, S. 162, 323, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-482, S. 183, 348; P.A. 90-292,
S. 2; P.A. 93-381, S. 9, 39; P.A. 95-211, S. 3; 95-257, S. 12, 21, 58.)
History: P.A. 77-614 and P.A. 78-303 replaced public utilities control authority with division of public utilities control
within the department of business regulation, and replaced commissioner of health with commissioner of health services,
effective January 1, 1979; P.A. 80-482 made division of public utility control an independent department and deleted
reference to abolished department of business regulation; P.A. 90-292 added references to a consultant; P.A. 93-381
replaced commissioner of health services with commissioner of public health and addiction services, effective July 1,
1993; P.A. 95-211 allowed the commissioner to issue a decision within one hundred sixty-five days of the initial submission
of the application and added that if no decision is issued the applicant may request a permit, which is deemed granted after
forty-five days if there is no decision; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995.
Cited. 3 CA 53, 68.
Sec. 25-37f. Report to General Assembly. Section 25-37f is repealed, effective
October 1, 2002.
(P.A. 77-606, S. 7, 10; 77-614, S. 323, 587, 610; P.A. 78-303, S. 85, 136; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12,
21, 58; P.A. 02-89, S. 90.)
Sec. 25-37g. Prohibition of sale of certain water company owned land. No
water company land classified under section 25-37c as class II land shall be sold, leased
or assigned for a period of three years from June 26, 1977, or until the final adoption
of regulations by the Commissioner of Public Health as required in section 25-37d,
whichever occurs first.
(P.A. 77-606, S. 8, 10; 77-614, S. 323, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-294, S. 3, 4; P.A. 93-381, S. 9, 39;
P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 and P.A. 78-303 replaced commissioner of health with commissioner of health services, effective
January 1, 1979; P.A. 79-294 extended sale or lease, etc. prohibition re class II land from two to three years from June 26,
1977; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services,
effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with
Commissioner and Department of Public Health, effective July 1, 1995.
Cited. 3 CA 53, 68.
Sec. 25-37h. Notification of security interest required. Any water company
which mortgages or gives a security interest in class I or II land or any essential part of
its plant equipment or other property necessary or useful in the performance of its duty
to the public shall immediately notify the Commissioner of Public Health in writing
that such mortgage or security interest has been given and shall provide the commissioner with the name and address of the mortgagee or the holder of the security interest,
a description of the land, equipment or property affected, and any other information that
the commissioner may require. Any water company having land, equipment or property
subject to a mortgage or security interest on July 1, 1995, shall, by September 1, 1995,
notify the commissioner in writing of the name and address of the holder of that mortgage
or security interest and shall provide a description of the land, equipment or property
affected and any other information the commissioner may require.
(P.A. 95-329, S. 5, 31.)
History: P.A. 95-329, S. 5 effective July 1, 1995.
Sec. 25-37i. Use of municipally-owned watershed land for construction and
operation of golf course. Notwithstanding any provision of this chapter or the regulations of Connecticut state agencies, any municipality owning land purchased in January,
1999, that was formerly used for agricultural purposes and that is watershed land or
is located adjacent to watershed land may use such municipally-owned land for the
construction and operation of a golf course, subject to the following conditions: (1)
The golf course shall be owned by the municipality; (2) best management practices, as
recommended from time to time by the Department of Environmental Protection, shall
be used in the design, construction and operation of the golf course, including, but not
limited to, integrated pest management and above-ground storage of chemicals and
fuels; and (3) the manager of the golf course shall file an annual report with any water
company owned by the municipality, any water company drawing water from the watershed, the Department of Environmental Protection and the municipality describing the
best management practices used in the operation of the golf course, including, but not
limited to, a description of the kind and amount of pesticides and herbicides used on
the golf course during the year and such other information as may be requested by any
such water company or the Department of Environmental Protection. Such report shall
be made available to the public.
(June Sp. Sess. P.A. 01-4, S. 13, 58.)
History: June Sp. Sess. P.A. 01-4 effective July 1, 2001.
Sec. 25-38. Carcass of animal in water supply. Any person who puts or leaves
a dead animal or carcass in a pond, spring or reservoir, the water of which is conveyed
to any building, or who wilfully puts and leaves in any of the waters of this state a dead
animal, shall be fined not more than fifty dollars or imprisoned not more than thirty days.
(1949 Rev., S. 4021.)
Sec. 25-39. Pollution of drinking water. Any person who puts anything into a
well, spring, fountain, cistern or other place from which water is procured for drinking
or other purposes, with the intent to injure the quality of such water, shall be fined not
more than five hundred dollars or imprisoned not more than six months.
(1949 Rev., S. 4022.)
Sec. 25-39a. Monitoring of public water supplies for organic chemicals. Listing of harmful carcinogens. Reports re. Each public water company, as defined in
section 25-32a, shall monitor, in accordance with regulations adopted by the Commissioner of Public Health, the organic chemical content of all public water supplies to
determine what potentially harmful carcinogens are in the water supply and shall report
the results to the Department of Public Health. The department shall rank such carcinogens in order of potential danger and estimate the cost of removal of the more dangerous
ones. The department shall report its findings and cost estimates to the General Assembly
and the Governor on or before February first of each year.
(P.A. 77-527, S. 1, 3; 77-614, S. 323, 587, 610; P.A. 78-303, S. 85, 136; P.A. 88-172, S. 4; P.A. 93-381, S. 9, 39; P.A.
95-257, S. 12, 21, 58.)
History: P.A. 77-614 and P.A. 78-303 replaced department of health with department of health services, effective
January 1, 1979; P.A. 88-172 transferred the responsibility for monitoring from the department of health services to each
water company and required each water company to report results to the department; P.A. 93-381 replaced department
and commissioner of health services with department and commissioner of public health and addiction services, effective
July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 25-39b. Installation of vinyl-lined pipe restricted. Report by commissioner. Section 25-39b is repealed, effective October 1, 2002.
(P.A. 80-359, S. 3, 4; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 02-89, S. 90.)
Sec. 25-39c. Installation of asbestos cement pipe restricted. Determination by
commissioner re health hazard. On and after October 1, 1980, no person, firm, corporation or municipality may install any asbestos cement pipe in any water supply system
until the Commissioner of Public Health determines that the use of such pipe in water
supply systems does not create a public health hazard.
(P.A. 80-398, S. 2; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction
services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction
Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 25-39d. List of hazardous substances to be submitted to health director.
Any industrial or manufacturing firm or corporation, except a retail pharmacy, which
mixes or produces for commercial sale, any elements or compounds listed in 40 CFR
116 and designated as hazardous substances in accordance with section 311 of the federal
Water Pollution Control Act (33 USC 1251 et seq.) shall submit to the health director
appointed pursuant to chapter 368e, of the town, city or borough in which such elements
or compounds are mixed or produced, upon the request of such health director, a list of
all such elements or compounds mixed or produced during the previous year. Such list
shall be submitted within thirty days of the date of such request. Such list shall be open
for public inspection at the office of the health director. Nothing in this section shall be
construed to require disclosure of trade secrets as defined in subsection (b) of section
1-210.
(P.A. 80-464, S. 1, 2; P.A. 81-472, S. 56, 159.)
History: P.A. 81-472 made technical changes.
Sec. 25-39e. Restriction on use of lead solder in potable water systems. Sale of
lead solder. (a) No solder containing more than 0.2 per cent lead shall be used in making
joints and fittings in any public or private potable water supply system or any water
user's pipelines.
(b) On and after December 31, 1986, no solder containing more than 0.2 per cent
lead shall be sold in Connecticut unless it contains a warning label which states in capital
letters:
"CONTAINS LEAD. CONNECTICUT LAW PROHIBITS THE USE OF THIS
SOLDER IN MAKING JOINTS AND FITTINGS IN ANY PUBLIC OR PRIVATE
POTABLE WATER SUPPLY SYSTEM OR ANY WATER USER'S PIPELINES."
(P.A. 86-192.)
Sec. 25-40. Analysis of water. Schedule of fees, when applicable. Town, city
and borough directors of health shall, when in their judgment health may be menaced
or impaired through a water supply, send, subject to the approval of the Department of
Public Health, samples of such water to said department for examination and analysis.
Said department shall perform such examination and analysis without charge unless
such town, city or borough is to be reimbursed for the expense of any such examination
and analysis, and in such event a fee shall be charged in accordance with a schedule of
fees to be established by the Commissioner of Public Health, based upon nationally
recognized standards and performance measures for such examination and analysis.
Any person, firm or corporation which operates or maintains a laboratory in which any
determination, examination or analysis is made of any sample of water or sewage as a
basis for advice as to the sanitary quality of such water or sewage or as to any possible
danger to health involved, unless such laboratory has been approved specifically for
that purpose by the Department of Public Health, after meeting the requirements established by said department, shall be fined not more than one hundred dollars.
(1949 Rev., S. 4023; P.A. 76-396, S. 2, 3; P.A. 77-614, S. 19, 323, 610; P.A. 88-1, S. 7, 13; P.A. 93-381, S. 9, 39; P.A.
95-257, S. 12, 21, 58; P.A. 03-252, S. 16.)
History: P.A. 76-396 replaced provision which had required that expenses of examinations and analyses be paid from
funds appropriated to department of health with new provision allowing charge for examinations and analyses in certain
circumstances; P.A. 77-614 replaced commissioner of finance and control with secretary of the office of policy and management and, effective January 1, 1979, replaced department and commissioner of health with department and commissioner
of health services; P.A. 88-1 eliminated involvement of secretary of the office of policy and management in establishment
of fee schedule for examination and analysis of water samples; P.A. 93-381 replaced department and commissioner of
health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A.
95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 03-252 changed basis of fee schedule from direct relation to operating
costs to nationally recognized standards and performance measures.
Sec. 25-41. Cemetery not to be within one-half mile of reservoir. No cemetery
or place of sepulture shall be located or established within one-half mile of any reservoir
from which the inhabitants of a town, city or borough are supplied with water, nor shall
such reservoir be located or established within one-half mile of a cemetery or place of
sepulture unless the superior court for the judicial district wherein such cemetery or
place of sepulture or reservoir is located, upon application and notice, finds that such
cemetery or place of sepulture or such reservoir so proposed to be located is of public
convenience and necessity and will not be detrimental to the public health.
(1949 Rev., S. 4025; P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 replaced "county" with "judicial district".
Owner of land may use it as a private cemetery aside from question of public health. 58 C. 94.
Sec. 25-42. Power to take lands and streams. Any town, city, borough or corporation authorized by law to supply the inhabitants of any town, city or borough with pure
water for public or domestic use may take and use such lands, springs, streams or ponds,
or such rights or interests therein, as the Superior Court, or any judge thereof in vacation,
on application, deems necessary for the purposes of such supply. The court shall approve
or disapprove such taking and use after review of the applicant's analysis of future water
supply demands and a determination that alternative means of supplying pure water,
including, but not limited to, interconnections to other existing supply systems or a
program of demand management, are not reasonably available or feasible to meet such
demands provided, if any land proposed for taking is currently being used for agriculture,
the court shall consider whether the taking and loss of such agricultural land is offset
by the public's need for an adequate supply of pure water. For the purpose of preserving
the purity of such water and preventing any contamination thereof, such town, city,
borough or corporation may take such lands or rights as the Superior Court, or any judge
thereof in vacation, on application, deems necessary therefor. In any case in which the
law requires compensation to be made to any person whose rights, interests or property
may be injuriously affected by such orders, said court or such judge shall appoint a
committee of three disinterested property owners of the judicial district, who shall determine and award the amount to be paid by such authorities before such order is carried
into effect.
(1949 Rev., S. 4028; P.A. 78-280, S. 2, 127; P.A. 97-117.)
History: P.A. 78-280 replaced "county" with "judicial district"; P.A. 97-117 added procedures and determinations
necessary for condemnation proceedings under this section.
Effect on city charters. 86 C. 165; id., 364. This remedy is alternative to that provided by Sec. 4027. 90 C. 177. See
notes to Secs. 25-51 to 25-53. This statute is an enabling act and its provisions are neither mandatory nor exclusive. 124
C. 441.
Section is an enabling act whose provisions are neither mandatory nor exclusive. 5 CS 251. Injunction granted against
water company though it did not file an application under this section. 6 CS 388.