Connecticut 2019 Regular Session

Connecticut Senate Bill SB01013 Compare Versions

Only one version of the bill is available at this time.
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55 General Assembly Raised Bill No. 1013
66 January Session, 2019
77 LCO No. 5499
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1010 Referred to Committee on PLANNING AND DEVELOPMENT
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1818 AN ACT CONCERNING CE RTAIN SEWAGE DISPOSAL SYSTEMS
1919 AND ALTERNATIVE SEWA GE TREATMENT SYSTEMS .
2020 Be it enacted by the Senate and House of Representatives in General
2121 Assembly convened:
2222
2323 Section 1. Subsection (g) of section 22a-430 of the general statutes is 1
2424 repealed and the following is substituted in lieu thereof (Effective from 2
2525 passage): 3
2626 (g) The commissioner shall, by regulation adopted prior to October 4
2727 1, [1977] 2019, establish and define categories of discharges which 5
2828 constitute household and small commercial subsurface sewage 6
2929 disposal systems for which he shall delegate to the Commissioner of 7
3030 Public Health the authority to issue permits or approvals and to hold 8
3131 public hearings in accordance with this section, on and after said date. 9
3232 The Commissioner of Public Health shall, pursuant to section 19a-36, 10
3333 establish minimum requirements for household and small commercial 11
3434 subsurface sewage disposal systems and procedures for the issuance of 12
3535 such permits or approvals by the local director of health or a sanitarian 13
3636 registered pursuant to chapter 395. As used in this subsection, 14
3737 household and small commercial disposal systems shall include those 15
3838 subsurface sewage disposal systems with a capacity of [seven 16 Raised Bill No. 1013
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4444 thousand five hundred] ten thousand gallons per day or less. 17
4545 Notwithstanding any provision of the general statutes or regulations 18
4646 of Connecticut state agencies, the regulations adopted by the 19
4747 commissioner pursuant to this subsection that are in effect as of [July 1, 20
4848 2017] October 1, 2019, shall apply to household and small commercial 21
4949 subsurface sewage disposal systems with a capacity of [seven 22
5050 thousand five hundred] ten thousand gallons per day or less. Any 23
5151 permit denied by the Commissioner of Public Health, or a director of 24
5252 health or registered sanitarian shall be subject to hearing and appeal in 25
5353 the manner provided in section 19a-229. Any permit granted by said 26
5454 Commissioner of Public Health, or a director of health or registered 27
5555 sanitarian on or after October 1, 1977, shall be deemed equivalent to a 28
5656 permit issued under subsection (b) of this section. 29
5757 Sec. 2. Subsection (a) of section 19a-35a of the general statutes is 30
5858 repealed and the following is substituted in lieu thereof (Effective from 31
5959 passage): 32
6060 (a) Notwithstanding the provisions of chapter 439 and sections 22a-33
6161 430, as amended by this act, and 22a-430b, the Commissioner of Public 34
6262 Health shall, [within available appropriations,] by regulation adopted 35
6363 prior to October 1, 2019, and pursuant to section 19a-36, establish and 36
6464 define categories of discharge that constitute alternative on-site sewage 37
6565 treatment systems with capacities of [five] ten thousand gallons or less 38
6666 per day. After the establishment of such categories, said commissioner 39
6767 shall have jurisdiction [, within available appropriations,] to issue or 40
6868 deny permits and approvals for such systems and for all discharges of 41
6969 domestic sewage to the groundwaters of the state from such systems. 42
7070 Said commissioner shall, pursuant to section 19a-36, [and within 43
7171 available appropriations,] establish minimum requirements for 44
7272 alternative on-site sewage treatment systems under said 45
7373 commissioner's jurisdiction, including, but not limited to: (1) 46
7474 Requirements related to activities that may occur on the property; (2) 47
7575 changes that may occur to the property or to buildings on the property 48
7676 that may affect the installation or operation of such systems; and (3) 49
7777 procedures for the issuance of permits or approvals by said 50 Raised Bill No. 1013
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8383 commissioner, a local director of health, or a sanitarian licensed 51
8484 pursuant to chapter 395. A permit or approval granted by said 52
8585 commissioner, such local director of health or such sanitarian for an 53
8686 alternative on-site sewage treatment system pursuant to this section 54
8787 shall: (A) Not be inconsistent with the requirements of the federal 55
8888 Water Pollution Control Act, 33 USC 1251 et seq., the federal Safe 56
8989 Drinking Water Act, 42 USC 300f et seq., and the standards of water 57
9090 quality adopted pursuant to section 22a-426, as such laws and 58
9191 standards may be amended from time to time, (B) not be construed or 59
9292 deemed to be an approval for any other purpose, including, but not 60
9393 limited to, any planning and zoning or municipal inland wetlands and 61
9494 watercourses requirement, and (C) be in lieu of a permit issued under 62
9595 section 22a-430, as amended by this act, or 22a-430b. For purposes of 63
9696 this section, "alternative on-site sewage treatment system" means a 64
9797 sewage treatment system serving one or more buildings on a single 65
9898 parcel of property that utilizes a method of treatment other than a 66
9999 subsurface sewage disposal system and that involves a discharge of 67
100100 domestic sewage to the groundwaters of the state. 68
101101 This act shall take effect as follows and shall amend the following
102102 sections:
103103
104104 Section 1 from passage 22a-430(g)
105105 Sec. 2 from passage 19a-35a(a)
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107107 Statement of Purpose:
108108 To (1) increase, from a maximum capacity of seven thousand five
109109 hundred gallons per day to a maximum capacity of ten thousand
110110 gallons per day, the size of certain subsurface sewage disposal systems
111111 and alternative on-site sewage treatment systems over which the
112112 Department of Public Health has jurisdiction, and (2) no longer
113113 constrain by available appropriations the duty of the Commissioner of
114114 Public Health to regulate certain aspects of alternative on-site sewage
115115 treatment systems.
116116 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
117117 except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
118118 not underlined.]
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