Connecticut 2020 Regular Session

Connecticut House Bill HB05184 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	LCO No. 1329 1 of 6
4	4
5	5	General Assembly Raised Bill No. 5184
6	6	February Session, 2020
7	7	LCO No. 1329
8	8
9	9
10	10	Referred to Committee on PUBLIC HEALTH
11	11
12	12
13	13	Introduced by:
14	14	(PH)
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19	19	AN ACT CONCERNING WA TER QUALITY NOTIFICATION.
20	20	Be it enacted by the Senate and House of Representatives in General
21	21	Assembly convened:
22	22
23	23	Section 1. Section 19a-37 of the 2020 supplement to the general 1
24	24	statutes is repealed and the following is substituted in lieu thereof 2
25	25	(Effective October 1, 2020): 3
26	26	(a) As used in this section: 4
27	27	(1) "Laboratory or firm" means an environmental laboratory 5
28	28	registered by the Department of Public Health pursuant to section 19a-6
29	29	29a; 7
30	30	(2) "Private well" means a water supply well that meets all of the 8
31	31	following criteria: (A) Is not a public well; (B) supplies a population of 9
32	32	less than twenty-five persons per day; and (C) is owned or controlled 10
33	33	through an easement or by the same entity that owns or controls the 11
34	34	building or parcel that is served by the water supply well; 12
35	35	(3) "Public well" means a water supply well that supplies a public 13
36	36	water system; 14 Raised Bill No. 5184
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39	39
40	40	LCO No. 1329 2 of 6
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42	42	(4) "Semipublic well" means a water supply well that (A) does not 15
43	43	meet the definition of a private well or public well, and (B) provides 16
44	44	water for drinking and other domestic purposes; and 17
45	45	(5) "Water supply well" means an artificial excavation constructed by 18
46	46	any method for the purpose of obtaining or providing water for 19
47	47	drinking or other domestic, industrial, commercial, agricultural, 20
48	48	recreational or irrigation use, or other outdoor water use. 21
49	49	(b) The Commissioner of Public Health may adopt regulations in the 22
50	50	Public Health Code for the preservation of the public health pertaining 23
51	51	to (1) protection and location of new water supply wells or springs for 24
52	52	residential or nonresidential construction or for public or semipublic 25
53	53	use, and (2) inspection for compliance with the provisions of municipal 26
54	54	regulations adopted pursuant to section 22a-354p. 27
55	55	(c) The Commissioner of Public Health shall adopt regulations, in 28
56	56	accordance with chapter 54, for the testing of water quality in private 29
57	57	residential wells and semipublic wells. Any laboratory or firm which 30
58	58	conducts a water quality test on a private well serving a residential 31
59	59	property or semipublic well shall, not later than thirty days after the 32
60	60	completion of such test, report the results of such test to (1) the public 33
61	61	health authority of the municipality where the property is located, and 34
62	62	(2) the Department of Public Health in a format specified by the 35
63	63	department, provided such report shall only be required if the party for 36
64	64	whom the laboratory or firm conducted such test informs the laboratory 37
65	65	or firm identified on the chain of custody documentation submitted 38
66	66	with the test samples that the test was conducted in connection with the 39
67	67	sale of such property. No regulation may require such a test to be 40
68	68	conducted as a consequence or a condition of the sale, exchange, 41
69	69	transfer, purchase or rental of the real property on which the private 42
70	70	residential well or semipublic well is located. 43
71	71	(d) Prior to the sale, exchange, purchase, transfer or rental of real 44
72	72	property on which a residential well is located, the owner shall provide 45
73	73	the buyer or tenant notice that educational material concerning private 46 Raised Bill No. 5184
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77	77	LCO No. 1329 3 of 6
78	78
79	79	well testing is available on the Department of Public Health web site. 47
80	80	Failure to provide such notice shall not invalidate any sale, exchange, 48
81	81	purchase, transfer or rental of real property. If the seller or landlord 49
82	82	provides such notice in writing, the seller or landlord and any real estate 50
83	83	licensee shall be deemed to have fully satisfied any duty to notify the 51
84	84	buyer or tenant that the subject real property is located in an area for 52
85	85	which there are reasonable grounds for testing under subsection (g) or 53
86	86	(j) of this section. 54
87	87	(e) The Commissioner of Public Health shall adopt regulations, in 55
88	88	accordance with chapter 54, to clarify the criteria under which the 56
89	89	commissioner may issue a well permit exception and to describe the 57
90	90	terms and conditions that shall be imposed when a well is allowed at a 58
91	91	premises (1) that is connected to a public water supply system, or (2) 59
92	92	whose boundary is located within two hundred feet of an approved 60
93	93	community water supply system, measured along a street, alley or 61
94	94	easement. Such regulations shall (A) provide for notification of the 62
95	95	permit to the public water supplier, (B) address the quality of the water 63
96	96	supplied from the well, the means and extent to which the well shall not 64
97	97	be interconnected with the public water supply, the need for a physical 65
98	98	separation, and the installation of a reduced pressure device for 66
99	99	backflow prevention, the inspection and testing requirements of any 67
100	100	such reduced pressure device, and (C) identify the extent and frequency 68
101	101	of water quality testing required for the well supply. 69
102	102	(f) No regulation may require that a certificate of occupancy for a 70
103	103	dwelling unit on such residential property be withheld or revoked on 71
104	104	the basis of a water quality test performed on a private residential well 72
105	105	pursuant to this section, unless such test results indicate that any 73
106	106	maximum contaminant level applicable to public water supply systems 74
107	107	for any contaminant listed in the public health code has been exceeded. 75
108	108	No administrative agency, health district or municipal health officer 76
109	109	may withhold or cause to be withheld such a certificate of occupancy 77
110	110	except as provided in this section. 78
111	111	(g) The local director of health may require a private residential well 79 Raised Bill No. 5184
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115	115	LCO No. 1329 4 of 6
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117	117	or semipublic well to be tested for arsenic, radium, uranium, radon or 80
118	118	gross alpha emitters, when there are reasonable grounds to suspect that 81
119	119	such contaminants are present in the groundwater. For purposes of this 82
120	120	subsection, "reasonable grounds" means (1) the existence of a geological 83
121	121	area known to have naturally occurring arsenic, radium, uranium, 84
122	122	radon or gross alpha emitter deposits in the bedrock; or (2) the well is 85
123	123	located in an area in which it is known that arsenic, radium, uranium, 86
124	124	radon or gross alpha emitters are present in the groundwater. 87
125	125	(h) Except as provided in subsection (i) of this section, the collection 88
126	126	of samples for determining the water quality of private residential wells 89
127	127	and semipublic wells may be made only by (1) employees of a 90
128	128	laboratory or firm certified or approved by the Department of Public 91
129	129	Health to test drinking water, if such employees have been trained in 92
130	130	sample collection techniques, (2) certified water operators, (3) local 93
131	131	health departments and state employees trained in sample collection 94
132	132	techniques, or (4) individuals with training and experience that the 95
133	133	Department of Public Health deems sufficient. 96
134	134	(i) Any owner of a residential construction, including, but not limited 97
135	135	to, a homeowner, on which a private residential well is located or any 98
136	136	general contractor of a new residential construction on which a private 99
137	137	residential well is located may collect samples of well water for 100
138	138	submission to a laboratory or firm for the purposes of testing water 101
139	139	quality pursuant to this section, provided (1) such laboratory or firm has 102
140	140	provided instructions to said owner or general contractor on how to 103
141	141	collect such samples, and (2) such owner or general contractor is 104
142	142	identified to the subsequent owner on a form to be prescribed by the 105
143	143	Department of Public Health. No regulation may prohibit or impede 106
144	144	such collection or analysis. 107
145	145	(j) The local director of health may require private residential wells 108
146	146	and semipublic wells to be tested for pesticides, herbicides or organic 109
147	147	chemicals when there are reasonable grounds to suspect that any such 110
148	148	contaminants might be present in the groundwater. For purposes of this 111
149	149	subsection, "reasonable grounds" means (1) the presence of nitrate-112 Raised Bill No. 5184
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153	153	LCO No. 1329 5 of 6
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155	155	nitrogen in the groundwater at a concentration greater than ten 113
156	156	milligrams per liter, or (2) that the private residential well or semipublic 114
157	157	well is located on land, or in proximity to land, associated with the past 115
158	158	or present production, storage, use or disposal of organic chemicals as 116
159	159	identified in any public record. 117
160	160	(k) The owner of any residential property for which water is supplied 118
161	161	by a public well or well for semipublic use shall notify each tenant of 119
162	162	any leased or rented dwelling unit located on such property and the 120
163	163	lessee of such property whenever any testing of the public well or well 121
164	164	for semipublic use indicates that the water exceeds a maximum 122
165	165	contaminant level applicable to public water supply systems for any 123
166	166	contaminant listed in the Public Health Code or for any contaminant 124
167	167	listed on the state drinking water action level list established pursuant 125
168	168	to section 22a-471. Not later than twenty-four hours after receiving 126
169	169	notification of the results of such testing, the owner shall forward a copy 127
170	170	of such notification to each such tenant and lessee. The local director of 128
171	171	health shall take all reasonable steps to verify that such owner 129
172	172	forwarded the notice required pursuant to this subsection. 130
173	173	[(k)] (l) Any water transported in bulk by any means to a premises 131
174	174	currently supplied by a private well or semipublic well where the water 132
175	175	is to be used for purposes of drinking or domestic use shall be provided 133
176	176	by a bulk water hauler licensed pursuant to section 20-278h. No bulk 134
177	177	water hauler shall deliver water without first notifying the owner of the 135
178	178	premises of such delivery. Bulk water hauling to a premises currently 136
179	179	supplied by a private well or semipublic well shall be permitted only as 137
180	180	a temporary measure to alleviate a water supply shortage. 138
181	181	This act shall take effect as follows and shall amend the following
182	182	sections:
183	183
184	184	Section 1 October 1, 2020 19a-37
185	185	Raised Bill No. 5184
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187	187
188	188
189	189	LCO No. 1329 6 of 6
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191	191	Statement of Purpose:
192	192	To require the owner of a property supplied by a public well or a well
193	193	for semipublic use to notify each tenant and lessee of such property of
194	194	the results of certain water quality tests.
195	195	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
196	196	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
197	197	underlined.]
198	198