Sec. 22a-354p. Municipal aquifer protection agency: Regulations, permits, fees. Approval of regulations. Authority of commissioner. Submission of documents.
Sec. 22a-354p. Municipal aquifer protection agency: Regulations, permits,
fees. Approval of regulations. Authority of commissioner. Submission of documents. (a) The aquifer protection agency authorized by section 22a-354o shall, by regulation, provide for (1) the manner in which the boundaries of aquifer protection areas
shall be established and amended or changed, (2) the form for an application to conduct
regulated activities within the area, (3) notice and publication requirements, (4) criteria
and procedures for the review of applications, and (5) administration and enforcement.
(b) No regulations of an aquifer protection agency shall become effective or be
established until after a public hearing in relation thereto is held by the agency at which
parties in interest and citizens shall have an opportunity to be heard. Notice of the time
and place of such hearing shall be published in the form of a legal advertisement, appearing at least twice in a newspaper having a substantial circulation in the municipality
at intervals of not less than two days, the first not more than twenty-five days or less
than fifteen days, and the last not less than two days, before such hearing, and a copy
of such proposed regulation shall be filed in the office of the town, city or borough clerk,
as the case may be, in such municipality, for public inspection at least ten days before
such hearing, and may be published in full in such paper. A copy of the notice and the
proposed regulations or amendments thereto shall be provided to the Commissioner of
Environmental Protection, the town clerk and any affected water company at least thirty-five days before such hearing. Such regulations may be from time to time amended,
changed or repealed after a public hearing in relation thereto is held by the agency at
which parties in interest and citizens shall have an opportunity to be heard and for which
notice shall be published in the manner specified in this subsection. Regulations or
changes therein shall become effective at such time as is fixed by the agency, provided
a copy of such regulation or change shall be filed in the office of the town, city or
borough clerk, as the case may be. Whenever an agency makes a change in regulations,
it shall state upon its records the reason why the change was made. All petitions submitted
in writing and in a form prescribed by the agency requesting a change in the regulations
shall be considered at a public hearing in the manner provided for establishment of such
regulations within ninety days after receipt of such petition. The agency shall act upon
the changes requested in the petition within sixty days after the hearing. The petitioner
may consent to extension of the periods provided for a hearing and for adoption or denial
or may withdraw such petition.
(c) Pursuant to municipal regulations adopted under subsection (b) of this section,
no regulated activity shall be conducted within any aquifer protection area without a
permit. Any person proposing to conduct or cause to be conducted a regulated activity
within an aquifer protection area shall file an application with the aquifer protection
agency of each municipality wherein the aquifer in question is located. The application
shall be in such form and contain such information as the agency may prescribe. The
date of receipt of an application shall be determined in accordance with the provisions of
subsection (c) of section 8-7d. The agency may hold a public hearing on such application.
Such hearing shall be held in accordance with the provisions of section 8-7d. In addition
to the requirements of section 8-7d, the agency shall send to any affected water company,
at least ten days before the hearing, a copy of the notice by certified mail, return receipt
requested.
(d) In granting, denying or limiting any permit for a regulated activity the aquifer
protection agency shall state upon the record the reason for its decision. In granting a
permit the agency may grant the application as filed or grant it upon such terms, conditions, limitations or modifications of the activity as are intended to carry out the policies
of section 22a-354g. No person shall conduct any regulated activity within an aquifer
protection area which requires zoning or subdivision approval without first having obtained a valid certificate of zoning or subdivision approval, special permit, special exception or variance, or other documentation establishing that the proposal complies with
the zoning or subdivision requirements adopted by the municipality pursuant to chapters
124 to 126, inclusive, or any special act. The agency may suspend or revoke a permit
if it finds, after giving notice to the permittee of the facts or conduct which warrants the
intended action and after a hearing at which the permittee is given an opportunity to
show compliance with the requirements for retention of the permit, that the applicant
has not complied with the conditions or limitations set forth in the permit or has exceeded
the scope of the work as set forth in the application. The agency shall send to any affected
water company a copy of the notice at least ten days before the hearing by certified mail,
return receipt requested. Any affected water company may, through a representative,
appear and be heard at any such hearing. The applicant or permittee shall be notified of
the agency's decision by certified mail, return receipt requested, within fifteen days of
the date of the decision and the agency shall cause notice of its order in issuance, denial,
revocation or suspension of a permit to be published in a newspaper having a general
circulation in the municipality in which the aquifer protection area is located.
(e) The aquifer protection agency may require a filing fee to be deposited with
the agency. The amount of such fee shall be sufficient to cover the reasonable cost of
reviewing and acting on applications and petitions, including, but not limited to, the
costs of certified mailings, publications of notices and decisions, and monitoring compliance with permit conditions, regulations adopted pursuant to sections 19a-37, 22-6c,
22a-354c, 22a-354e, 22a-354g to 22a-354bb, inclusive, 25-32d, 25-33h, 25-33n and
subsection (a) of section 25-84, or agency orders.
(f) Any regulations adopted by an agency under this section shall not be effective
unless the Commissioner of Environmental Protection determines that such regulations
are reasonably related to the purpose of groundwater protection and not inconsistent
with the regulations adopted pursuant to section 22a-354i. A regulation adopted by a
municipality shall not be deemed inconsistent if such regulation establishes a greater
level of protection. The commissioner shall provide written notification to the agency
of approval or the reasons such regulations cannot be approved within sixty days of
receipt by the commissioner of the regulations adopted by the agency.
(g) (1) Notwithstanding any other provision of the general statutes, the commissioner shall have sole authority to grant, deny, limit or modify, in accordance with
regulations adopted by him, a permit for any regulated activity in an aquifer protection
area proposed by (A) any person to whom the commissioner has issued an individual
permit for the subject site under the national pollutant discharge elimination system of
the federal Clean Water Act (33 USC 1251 et seq.) or under the state pollutant discharge
elimination system pursuant to section 22a-430 or any person to whom the commissioner
has issued a permit for the subject site under the provisions of the federal Resource
Conservation and Recovery Act (42 USC 6901 et seq.) for a treatment, storage or disposal facility, (B) any public service company, as defined in section 16-1, providing
gas, electric, pipeline, water or telephone service, (C) any large quantity generator, as
defined in regulations adopted by the commissioner under section 22a-449, or (D) any
state department, agency or instrumentality, except any local or regional board of education. Such authority may be exercised only after an advisory decision on such permit has
been rendered to the commissioner by the aquifer protection agency of the municipality
within which such aquifer protection area is located or thirty-five days after receipt
by the commissioner of the application for such permit, whichever occurs first. The
commissioner shall provide prompt notice of receipt of an application to the municipal
aquifer protection agency.
(2) If the commissioner requires the submission of a registration or other document
under regulations adopted pursuant to section 22a-354i, such submission shall be made
to the commissioner by any person to whom the commissioner has issued an individual
permit under the national pollutant discharge elimination system of the federal Clean
Water Act, or an individual permit under the state pollutant discharge elimination system
pursuant to section 22a-430, or by any person to whom the commissioner has issued a
permit under the provisions of the federal Resource Conservation and Recovery Act for
a treatment, storage or disposal facility, or any public service company, as defined in
section 16-1, providing gas, electric, pipeline, water or telephone service, or a large
quantity generator, as defined in regulations adopted by the commissioner under section
22a-449, or any state department, agency or instrumentality, except any local or regional
board of education.
(P.A. 89-305, S. 9, 32; P.A. 90-275, S. 8, 9; P.A. 92-162, S. 8, 25; P.A. 97-124, S. 6, 16; P.A. 07-85, S. 6; P.A. 08-124,
S. 23, 24.)
History: P.A. 90-275 in Subsec. (e) required the amount of the filing fee to be sufficient to cover costs of monitoring
compliance with regulations; P.A. 92-162 added Subsec. (g) re authority of commissioner re permits for state agencies for
regulated activities in an aquifer protection area; P.A. 97-124 amended Subsec. (g) by designating existing provisions as
Subdiv. (1) and adding new Subparas. (A) to (C), inclusive, providing that the commissioner shall have the authority to
issue permits under this section to utilities and certain other companies, and by adding new Subdiv. (2) re submission of
registration or other document, effective June 6, 1997; P.A. 07-85 made a technical change in Subsec. (a), amended Subsec.
(c) to make timeframes the same as Sec. 8-7d and amended Subsec. (g)(1) to add "for the subject site" re permit issued;
P.A. 08-124 made a technical change in Subsecs. (b) and (d), effective June 2, 2008.