Sec. 25-37d. Commissioner to adopt regulations re permit applications. Referral to consultant. Appointment of professional review team.
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
45 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.