Sec. 22a-354i. Regulations.
Sec. 22a-354i. Regulations. (a) On or before July 1, 1991, the Commissioner of
Environmental Protection shall publish notice of intent to adopt regulations in accordance with chapter 54 for land use controls in aquifer protection areas. The regulations
shall establish (1) best management practice standards for existing regulated activities
located entirely or in part within aquifer protection areas and a schedule for compliance
of nonconforming regulated activities with such standards, (2) best management practice
standards for and prohibitions of regulated activities proposed to be located entirely or
in part within aquifer protection areas, (3) procedures for exempting regulated activities
in aquifer protection areas upon determination solely by the commissioner that such
regulated activities do not pose a threat to any existing or potential drinking water supply
and (4) requirements for design and installation of groundwater monitoring within aquifer protection areas. In addition, the commissioner may adopt such other regulations as
deemed necessary to carry out the purposes of sections 22a-354b, 22a-354c, 22a-354h,
this section, sections 22a-354m, 22a-354n, subsection (e) of section 22a-354p and subsection (d) of section 22a-451, including but not limited to regulations which provide
for the manner in which the boundaries of aquifer protection areas shall be established
and amended; criteria and procedures for submission and review of applications to construct or begin regulated activities; procedures for granting, denying, limiting, revoking,
suspending, transferring and modifying permits for regulated activities; controls regarding the expansion of nonconforming regulated activities, including procedures for offsetting impacts from the expansion or modification of nonconforming regulated activities or procedures for modifying permits of regulated activities by the removal of other
potential pollution sources within the subject well field, procedures for the granting of
permits for such expansion or modification based on the certification of a qualified
person that such expansion meets criteria established by the commissioner; registration
requirements for existing regulated activities and procedures for transferring registrations; procedures for landowners to notify a municipality or the commissioner of a
change in use and other provisions for administration of the aquifer protection program.
(b) In adopting such regulations, the commissioner shall consider the guidelines
for aquifer protection areas recommended in the report prepared pursuant to special act
87-63, as amended, and shall avoid duplication and inconsistency with other state or
federal laws and regulations affecting aquifers. The regulations shall be developed in
consultation with an advisory committee appointed by the commissioner. The advisory
committee shall include the Commissioners of Public Works and Public Health and the
chairperson of the Public Utilities Control Authority, or their designees, members of
the public, and representatives of businesses affected by the regulations, agriculture,
environmental groups, municipal officers and water companies.
(P.A. 89-305, S. 3, 32; P.A. 90-275, S. 2, 9; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 98-209, S. 9.)
History: P.A. 90-275 amended Subsec. (a) to require publication of the notice of intent on or before July 1, 1991,
and authorized the commissioner to adopt other regulations; P.A. 93-381 replaced commissioner of health services with
commissioner of public health and addiction services, effective July 1, 1993; 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; P.A. 98-209 amended Subsec. (a) to authorize provision in regulations for procedures for offsetting nonconforming
regulated activities.