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repealed and the following is substituted in lieu thereof (Effective from 2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repealed and the following is substituted in lieu thereof (Effective from 31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