PA 02-102-sHB 5153

Public Health Committee

Environment Committee

Government Administration and Elections Committee


SUMMARY: This act:

EFFECTIVE DATE: October 1, 2002, except for the water diversion data submission deadline change, which is effective on passage.


Beginning January 1, 2004, the act requires water companies' supply plans to include an evaluation of source water protection measures for all sources of their water supply. The evaluation must be based on identification of critical lands to be protected and incompatible land uses that could contaminate a public water drinking source. By law, water companies serving over 1,000 people or 250 consumers must submit a plan at least every five years to the public health commissioner. The commissioner must distribute copies to the DEP, Department of Public Utility Control (DPUC), and Office of Policy and Management.

The act also requires DPH to include in its currently required water supply plan regulations describing the contents of these evaluations. They must be adopted in consultation with DEP and DPUC.


The act requires water companies to give the DPH sabotage prevention and response procedures separate from their water supply plans and makes these plans confidential and exempt them from disclosure under the Freedom of Information Act. It specifically exempts from disclosure procedures established by municipally owned water companies.


PA 01-202 required companies, towns, and other entities that withdraw substantial amounts of water from wells or surface sources to provide DEP with information about their water diversions by July 1, 2002, whether or not the diversion was registered or eligible for registration. The act eliminates this deadline and, instead, requires the information to be submitted within six months after DEP publishes a dated notice of the deadline. As under current law, the data must be submitted on a form DEP develops in consultation with DPH, DPUC, and the Agriculture Department. The act requires DEP to publish a dated notice of the form's availability.


Residential Exceptions

DPH regulations generally prohibit private wells on residential property within 200 feet of a public water supply. Prior law allowed local health directors to issue permits for wells in this situation only if:

The act allows local health directors to issue a permit for a new or replacement well only if:

Regulation Authorization

The act requires the DPH commissioner to adopt regulations clarifying criteria under which a well permit exception may be granted and describing conditions that must be imposed when a well is permitted at premises that are connected to the public water supply. The regulations must:

Single Family Regulatory Exception

The act allows a local health director, regardless of DPH regulations, to authorize under certain conditions an existing well's use or its replacement at a single family residence located within 200 feet of a public water supply. This can occur:


DPH Well Regulations

DPH regulations prohibit a local health director from approving a well permit for a residential dwelling if a community water system is available and the lot line of the parcel where the dwelling is located is within 200 feet of the water line. But the DPH commissioner can waive this prohibition if (1) he finds the situation will not adversely affect the quality or adequacy of the water supply or the water company's service, (2) the water system cannot adequately supply pure water, or (3) construction problems warrant an exception (Conn. Agency Regs. , § 19-13-B51m).

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