AN ACT CONCERNING THE AQUIFER PROTECTION AREA PROGRAM.

This bill specifies when public and private water companies must submit maps of new well fields to the Department of Environmental Protection (DEP), amends aquifer protection agencies' hearing and decision schedules, authorizes municipalities to fine people who violate municipal aquifer regulations, and makes minor changes.

*House Amendment A states that provisions concerning the creation, imposition, and collection of municipal fines do not apply to certain agricultural uses.

An aquifer is a geologic formation from which wells and springs draw water. Aquifers have “contribution” areas, from which water flows to wells, and “recharge” areas, from which water flows to the contribution areas. The law requires public and private water companies to map contribution and recharge areas to two different standards: level B (initial mapping) and level A (more precise mapping). The bill requires a water company to map contribution and recharge areas for new, unmapped well fields serving 1,000 or more people to level B standards no later than one year, and to level A standards no later than three years, after receiving a water diversion permit.

By law, a water company serving more than 10,000 people (large water company) must map to level B contribution and recharge areas for wells it identifies as future water supply sources two years after the public health commissioner approves its coordinated water system plan. The bill instead requires that such a company map to level B standards not more than two years after the DEP commissioner requests such mapping. It applies the same requirements to water companies serving between 1,000 and 10,000 people (small water company). It eliminates requirements that both large and small water companies map to level A standards four years and five years, respectively, after approval of their water system plans. As under existing law, the DEP commissioner must approve the aquifer maps.

By law, an aquifer protection agency regulates certain activities that occur within aquifer boundaries (see below).

Current law sets deadline and notice requirements for applications to conduct these regulated activities in an aquifer protection area. The bill replaces these with the notice and hearing requirements the law applies to zoning commissions, planning and zoning commissions, zoning boards of appeals, and inland wetlands agencies. But it retains a requirement that the aquifer protection agency notify affected water companies of a hearing at least 10 days before it takes place. As under existing law, this notice must be sent by certified mail, return receipt requested.

By law, an aquifer protection agency may hold a public hearing on an application to conduct a regulated activity. If it does, the agency must hold the hearing no later than 65 days after receiving the application, complete it within 45 days, and act on the application no later than 35 days after the hearing ends. Under the bill, the agency has the same 65-day period from receiving the application to hold the hearing, but must complete it within 35 days and issue a decision no later than 65 days after the hearing ends. The bill therefore extends the period between the start of the hearing and release of a decision by 20 days.

By law, zoning commissions, zoning boards of appeals, planning and zoning commissions, and inland wetlands agencies must notify the clerks of adjoining towns about any applications, petitions, appeals, requests, or plans concerning projects within 500 feet of the adjoining town, or that would affect the adjoining town in certain other ways. The bill applies these requirements to aquifer protection agencies.

The bill authorizes a municipality to establish, by ordinance, fines of up to $ 1,000 for violating its aquifer protection regulations. A police officer or other person authorized by the municipality's chief executive may issue a citation to anyone violating the regulations. A municipality that adopts such an ordinance must also adopt a hearing procedure. Any fines collected must be deposited in the municipality's general fund or a special fund it designates. But the fine cannot be imposed against the state or any state employee acting within the scope of his or her employment.

The bill specifies that establishment of this ordinance, imposition of fines, and issuance of citations do not apply to agricultural uses employing best management practices (see BACKGROUND). By law and regulation, any person engaged in agriculture on land in an aquifer protection area (1) whose annual gross sales from agricultural products during the preceding calendar year were at least $ 2,500, and (2) who submits to DEP a farm resources management plan, is not conducting a regulated activity (CGS § 22a-354m and Conn. Agency Regs § 22a-354i-5 (c) (3)). Therefore, this bill appears to apply only to farmers with gross sales of less than $ 2,500 during the preceding year, and perhaps to those that have not submitted such a plan.

By law, the DEP commissioner has sole authority to grant, deny, limit, or modify, according to DEP regulations, a permit for any regulated activity in an aquifer protection area proposed by anyone to whom she has issued an individual permit under the (1) National Pollution Discharge Elimination System, (2) state pollution discharge system, or (3) Resource Conservation and Recovery Act for a treatment, storage, or disposal facility. The bill specifies that the individual permit must have been issued for the site proposed for the regulated activity.

It authorizes the commissioner to exercise all incidental powers to carry out the aquifer protection laws, including issuing orders necessary to enforce rules and regulations adopted under those laws.

By law, a regulated activity is any action, process, or condition which the DEP commissioner determines, by regulation, involves producing, handling, using, storing, or disposing of material that may pose a threat to groundwater in an aquifer protection area, including structures and appurtenances used in conjunction with the regulated activity. A best management practice is a practice, procedure, or facility designed to prevent, minimize, or control spills, leaks or other releases that pose a threat to groundwater (CGS § 22a-354h).

The NPDES permit program controls water pollution by regulating point sources (pipes, ditches, and channels) that discharge pollutants into U. S. waters.

Yea

Nay

(03/19/2007)