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3 | 3 | | LCO No. 5499 1 of 3 |
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5 | 5 | | General Assembly Raised Bill No. 1013 |
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6 | 6 | | January Session, 2019 |
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7 | 7 | | LCO No. 5499 |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on PLANNING AND DEVELOPMENT |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (PD) |
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17 | 17 | | |
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18 | 18 | | AN ACT CONCERNING CE RTAIN SEWAGE DISPOSAL SYSTEMS |
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19 | 19 | | AND ALTERNATIVE SEWA GE TREATMENT SYSTEMS . |
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20 | 20 | | Be it enacted by the Senate and House of Representatives in General |
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21 | 21 | | Assembly convened: |
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22 | 22 | | |
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23 | 23 | | Section 1. Subsection (g) of section 22a-430 of the general statutes is 1 |
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24 | 24 | | repealed and the following is substituted in lieu thereof (Effective from 2 |
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25 | 25 | | passage): 3 |
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26 | 26 | | (g) The commissioner shall, by regulation adopted prior to October 4 |
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27 | 27 | | 1, [1977] 2019, establish and define categories of discharges which 5 |
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28 | 28 | | constitute household and small commercial subsurface sewage 6 |
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29 | 29 | | disposal systems for which he shall delegate to the Commissioner of 7 |
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30 | 30 | | Public Health the authority to issue permits or approvals and to hold 8 |
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31 | 31 | | public hearings in accordance with this section, on and after said date. 9 |
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32 | 32 | | The Commissioner of Public Health shall, pursuant to section 19a-36, 10 |
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33 | 33 | | establish minimum requirements for household and small commercial 11 |
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34 | 34 | | subsurface sewage disposal systems and procedures for the issuance of 12 |
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35 | 35 | | such permits or approvals by the local director of health or a sanitarian 13 |
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36 | 36 | | registered pursuant to chapter 395. As used in this subsection, 14 |
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37 | 37 | | household and small commercial disposal systems shall include those 15 |
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38 | 38 | | subsurface sewage disposal systems with a capacity of [seven 16 Raised Bill No. 1013 |
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41 | 41 | | |
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42 | 42 | | LCO No. 5499 2 of 3 |
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43 | 43 | | |
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44 | 44 | | thousand five hundred] ten thousand gallons per day or less. 17 |
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45 | 45 | | Notwithstanding any provision of the general statutes or regulations 18 |
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46 | 46 | | of Connecticut state agencies, the regulations adopted by the 19 |
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47 | 47 | | commissioner pursuant to this subsection that are in effect as of [July 1, 20 |
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48 | 48 | | 2017] October 1, 2019, shall apply to household and small commercial 21 |
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49 | 49 | | subsurface sewage disposal systems with a capacity of [seven 22 |
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50 | 50 | | thousand five hundred] ten thousand gallons per day or less. Any 23 |
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51 | 51 | | permit denied by the Commissioner of Public Health, or a director of 24 |
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52 | 52 | | health or registered sanitarian shall be subject to hearing and appeal in 25 |
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53 | 53 | | the manner provided in section 19a-229. Any permit granted by said 26 |
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54 | 54 | | Commissioner of Public Health, or a director of health or registered 27 |
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55 | 55 | | sanitarian on or after October 1, 1977, shall be deemed equivalent to a 28 |
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56 | 56 | | permit issued under subsection (b) of this section. 29 |
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57 | 57 | | Sec. 2. Subsection (a) of section 19a-35a of the general statutes is 30 |
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58 | 58 | | repealed and the following is substituted in lieu thereof (Effective from 31 |
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59 | 59 | | passage): 32 |
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60 | 60 | | (a) Notwithstanding the provisions of chapter 439 and sections 22a-33 |
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61 | 61 | | 430, as amended by this act, and 22a-430b, the Commissioner of Public 34 |
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62 | 62 | | Health shall, [within available appropriations,] by regulation adopted 35 |
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63 | 63 | | prior to October 1, 2019, and pursuant to section 19a-36, establish and 36 |
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64 | 64 | | define categories of discharge that constitute alternative on-site sewage 37 |
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65 | 65 | | treatment systems with capacities of [five] ten thousand gallons or less 38 |
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66 | 66 | | per day. After the establishment of such categories, said commissioner 39 |
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67 | 67 | | shall have jurisdiction [, within available appropriations,] to issue or 40 |
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68 | 68 | | deny permits and approvals for such systems and for all discharges of 41 |
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69 | 69 | | domestic sewage to the groundwaters of the state from such systems. 42 |
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70 | 70 | | Said commissioner shall, pursuant to section 19a-36, [and within 43 |
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71 | 71 | | available appropriations,] establish minimum requirements for 44 |
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72 | 72 | | alternative on-site sewage treatment systems under said 45 |
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73 | 73 | | commissioner's jurisdiction, including, but not limited to: (1) 46 |
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74 | 74 | | Requirements related to activities that may occur on the property; (2) 47 |
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75 | 75 | | changes that may occur to the property or to buildings on the property 48 |
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76 | 76 | | that may affect the installation or operation of such systems; and (3) 49 |
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77 | 77 | | procedures for the issuance of permits or approvals by said 50 Raised Bill No. 1013 |
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81 | 81 | | LCO No. 5499 3 of 3 |
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83 | 83 | | commissioner, a local director of health, or a sanitarian licensed 51 |
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84 | 84 | | pursuant to chapter 395. A permit or approval granted by said 52 |
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85 | 85 | | commissioner, such local director of health or such sanitarian for an 53 |
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86 | 86 | | alternative on-site sewage treatment system pursuant to this section 54 |
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87 | 87 | | shall: (A) Not be inconsistent with the requirements of the federal 55 |
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88 | 88 | | Water Pollution Control Act, 33 USC 1251 et seq., the federal Safe 56 |
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89 | 89 | | Drinking Water Act, 42 USC 300f et seq., and the standards of water 57 |
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90 | 90 | | quality adopted pursuant to section 22a-426, as such laws and 58 |
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91 | 91 | | standards may be amended from time to time, (B) not be construed or 59 |
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92 | 92 | | deemed to be an approval for any other purpose, including, but not 60 |
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93 | 93 | | limited to, any planning and zoning or municipal inland wetlands and 61 |
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94 | 94 | | watercourses requirement, and (C) be in lieu of a permit issued under 62 |
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95 | 95 | | section 22a-430, as amended by this act, or 22a-430b. For purposes of 63 |
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96 | 96 | | this section, "alternative on-site sewage treatment system" means a 64 |
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97 | 97 | | sewage treatment system serving one or more buildings on a single 65 |
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98 | 98 | | parcel of property that utilizes a method of treatment other than a 66 |
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99 | 99 | | subsurface sewage disposal system and that involves a discharge of 67 |
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100 | 100 | | domestic sewage to the groundwaters of the state. 68 |
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101 | 101 | | This act shall take effect as follows and shall amend the following |
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102 | 102 | | sections: |
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103 | 103 | | |
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104 | 104 | | Section 1 from passage 22a-430(g) |
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105 | 105 | | Sec. 2 from passage 19a-35a(a) |
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106 | 106 | | |
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107 | 107 | | Statement of Purpose: |
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108 | 108 | | To (1) increase, from a maximum capacity of seven thousand five |
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109 | 109 | | hundred gallons per day to a maximum capacity of ten thousand |
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110 | 110 | | gallons per day, the size of certain subsurface sewage disposal systems |
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111 | 111 | | and alternative on-site sewage treatment systems over which the |
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112 | 112 | | Department of Public Health has jurisdiction, and (2) no longer |
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113 | 113 | | constrain by available appropriations the duty of the Commissioner of |
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114 | 114 | | Public Health to regulate certain aspects of alternative on-site sewage |
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115 | 115 | | treatment systems. |
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116 | 116 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
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117 | 117 | | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
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118 | 118 | | not underlined.] |
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