Substitute House Bill No. 5499
          Substitute House Bill No. 5499

              PUBLIC ACT NO. 98-115


AN  ACT  CONCERNING  NOTICE  TO WATER COMPANIES OF
PROJECTS WITHIN THE WATERSHED.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section  8-3i  of   the  general  statutes  is
repealed and the  following is substituted in lieu
thereof:
    (a) AS USED  IN  THIS  SECTION "WATER COMPANY"
MEANS A WATER COMPANY AS DEFINED IN SECTION 25-32a
AND "PETITION" INCLUDES  A PETITION OR PROPOSAL TO
CHANGE    THE    REGULATIONS,     BOUNDARIES    OR
CLASSIFICATIONS OF ZONING DISTRICTS.
    (b)  When an  [applicant  files]  APPLICATION,
PETITION, REQUEST OR PLAN IS FILED with the zoning
commission,  planning  and  zoning  commission  or
zoning board of  appeals  of  any municipality [an
application, petition, request or plan] concerning
any  project on  any  site  which  is  within  the
AQUIFER  PROTECTION AREA  DELINEATED  PURSUANT  TO
SECTION  22a-354c OR  THE  watershed  of  a  water
company,  [as  defined  in  section  25-32a,]  the
applicant OR THE  PERSON  MAKING  THE FILING shall
provide  written  notice   of   the   application,
petition, request or  plan  to  the water company,
provided  such  water  company  has  filed  a  map
showing the boundaries  of  the  watershed  on the
land records of  the  municipality  in  which  the
application, petition, request or plan is made and
with the zoning  commission,  planning  and zoning
commission or zoning  board  of  appeals  of  such
municipality OR THE  AQUIFER  PROTECTION  AREA HAS
BEEN  DELINEATED  IN   ACCORDANCE   WITH   SECTION
22a-354c, AS THE CASE MAY BE. Such notice shall be
made by certified  mail, return receipt requested,
and shall be  mailed within seven days of the date
of  the  application.   Such  water  company  may,
through a representative,  appear  and be heard at
any hearing on  any  such  application,  petition,
request or plan.
    (c)   NOTWITHSTANDING   THE    PROVISIONS   OF
SUBSECTION (b) OF  THIS  SECTION, WHEN AN AGENT OF
THE  ZONING  COMMISSION,   PLANNING   AND   ZONING
COMMISSION  OR  ZONING   BOARD   OF   APPEALS   IS
AUTHORIZED TO APPROVE  AN  APPLICATION,  PETITION,
REQUEST  OR PLAN  CONCERNING  ANY  SITE  WHICH  IS
WITHIN  THE  AQUIFER  PROTECTION  AREA  DELINEATED
PURSUANT TO SECTION 22a-354c OR THE WATERSHED OF A
WATER COMPANY WITHOUT  THE  APPROVAL OF THE ZONING
COMMISSION,  PLANNING  AND  ZONING  COMMISSION  OR
ZONING BOARD OF APPEALS, AND SUCH AGENT DETERMINES
THAT  THE PROPOSED  ACTIVITY  WILL  NOT  ADVERSELY
AFFECT THE PUBLIC  WATER  SUPPLY, THE APPLICANT OR
PERSON MAKING THE  FILING SHALL NOT BE REQUIRED TO
NOTIFY THE WATER COMPANY.

Approved May 22, 1998