Connecticut 2021 Regular Session

Connecticut Senate Bill SB00834 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	LCO No. 2797 1 of 6
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7		-	General Assembly ~~Substitute~~ Bill No. 834
	5	+	General Assembly Raised Bill No. 834
8	6		January Session, 2021
	7	+	LCO No. 2797
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	9	+
	10	+	Referred to Committee on PUBLIC HEALTH
	11	+
	12	+
	13	+	Introduced by:
	14	+	(PH)
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14	19		AN ACT CONCERNING WA TER QUALITY NOTIFICATION.
15	20		Be it enacted by the Senate and House of Representatives in General
16	21		Assembly convened:
17	22
18	23		Section 1. Section 19a-37 of the general statutes is repealed and the 1
19	24		following is substituted in lieu thereof (Effective October 1, 2021): 2
20	25		(a) As used in this section: 3
21	26		(1) "Laboratory or firm" means an environmental laboratory 4
22	27		registered by the Department of Public Health pursuant to section 19a-5
23	28		29a; 6
24	29		(2) "Private well" means a water supply well that meets all of the 7
25	30		following criteria: (A) Is not a public well; (B) supplies a population of 8
26	31		less than twenty-five persons per day; and (C) is owned or controlled 9
27	32		through an easement or by the same entity that owns or controls the 10
28	33		building or parcel that is served by the water supply well; 11
29	34		(3) "Public well" means a water supply well that supplies a public 12
30		-	water system; 13
	35	+	water system; 13 Raised Bill No. 834
	36	+
	37	+
	38	+
	39	+	LCO No. 2797 2 of 6
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31	41		(4) "Semipublic well" means a water supply well that (A) does not 14
32	42		meet the definition of a private well or public well, and (B) provides 15
33		-	water for drinking and other domestic purposes; and 16 Substitute Bill No. 834
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	43	+	water for drinking and other domestic purposes; and 16
40	44		(5) "Water supply well" means an artificial excavation constructed by 17
41	45		any method for the purpose of obtaining or providing water for 18
42	46		drinking or other domestic, industrial, commercial, agricultural, 19
43	47		recreational or irrigation use, or other outdoor water use. 20
44	48		(b) The Commissioner of Public Health may adopt regulations in the 21
45	49		Public Health Code for the preservation of the public health pertaining 22
46	50		to (1) protection and location of new water supply wells or springs for 23
47	51		residential or nonresidential construction or for public or semipublic 24
48	52		use, and (2) inspection for compliance with the provisions of municipal 25
49	53		regulations adopted pursuant to section 22a-354p. 26
50	54		(c) The Commissioner of Public Health shall adopt regulations, in 27
51	55		accordance with chapter 54, for the testing of water quality in private 28
52	56		residential wells and semipublic wells. Any laboratory or firm which 29
53	57		conducts a water quality test on a private well serving a residential 30
54	58		property or semipublic well shall, not later than thirty days after the 31
55	59		completion of such test, report the results of such test to (1) the public 32
56	60		health authority of the municipality where the property is located, and 33
57	61		(2) the Department of Public Health in a format specified by the 34
58	62		department, provided such report shall only be required if the party for 35
59	63		whom the laboratory or firm conducted such test informs the laboratory 36
60	64		or firm identified on the chain of custody documentation submitted 37
61	65		with the test samples that the test was conducted in connection with the 38
62	66		sale of such property. No regulation may require such a test to be 39
63	67		conducted as a consequence or a condition of the sale, exchange, 40
64	68		transfer, purchase or rental of the real property on which the private 41
65	69		residential well or semipublic well is located. 42
66	70		(d) Prior to the sale, exchange, purchase, transfer or rental of real 43
67	71		property on which a residential well is located, the owner shall provide 44
68		-	the buyer or tenant notice that educational material concerning private 45
	72	+	the buyer or tenant notice that educational material concerning private 45 Raised Bill No. 834
	73	+
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	75	+
	76	+	LCO No. 2797 3 of 6
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69	78		well testing is available on the Department of Public Health web site. 46
70	79		Failure to provide such notice shall not invalidate any sale, exchange, 47
71	80		purchase, transfer or rental of real property. If the seller or landlord 48
72		-	provides such notice in writing, the seller or landlord and any real estate 49 Substitute Bill No. 834
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	81	+	provides such notice in writing, the seller or landlord and any real estate 49
79	82		licensee shall be deemed to have fully satisfied any duty to notify the 50
80	83		buyer or tenant that the subject real property is located in an area for 51
81	84		which there are reasonable grounds for testing under subsection (g) or 52
82	85		(j) of this section. 53
83	86		(e) The Commissioner of Public Health shall adopt regulations, in 54
84	87		accordance with chapter 54, to clarify the criteria under which the 55
85	88		commissioner may issue a well permit exception and to describe the 56
86	89		terms and conditions that shall be imposed when a well is allowed at a 57
87	90		premises (1) that is connected to a public water supply system, or (2) 58
88	91		whose boundary is located within two hundred feet of an approved 59
89	92		community water supply system, measured along a street, alley or 60
90	93		easement. Such regulations shall (A) provide for notification of the 61
91	94		permit to the public water supplier, (B) address the quality of the water 62
92	95		supplied from the well, the means and extent to which the well shall not 63
93	96		be interconnected with the public water supply, the need for a physical 64
94	97		separation, and the installation of a reduced pressure device for 65
95	98		backflow prevention, the inspection and testing requirements of any 66
96	99		such reduced pressure device, and (C) identify the extent and frequency 67
97	100		of water quality testing required for the well supply. 68
98	101		(f) No regulation may require that a certificate of occupancy for a 69
99	102		dwelling unit on such residential property be withheld or revoked on 70
100	103		the basis of a water quality test performed on a private residential well 71
101	104		pursuant to this section, unless such test results indicate that any 72
102	105		maximum contaminant level applicable to public water supply systems 73
103	106		for any contaminant listed in the public health code has been exceeded. 74
104	107		No administrative agency, health district or municipal health officer 75
105	108		may withhold or cause to be withheld such a certificate of occupancy 76
106	109		except as provided in this section. 77
107		-	(g) The local director of health may require a private residential well 78
	110	+	(g) The local director of health may require a private residential well 78 Raised Bill No. 834
	111	+
	112	+
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	114	+	LCO No. 2797 4 of 6
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108	116		or semipublic well to be tested for arsenic, radium, uranium, radon or 79
109	117		gross alpha emitters, when there are reasonable grounds to suspect that 80
110	118		such contaminants are present in the groundwater. For purposes of this 81
111		-	subsection, "reasonable grounds" means (1) the existence of a geological 82 Substitute Bill No. 834
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	119	+	subsection, "reasonable grounds" means (1) the existence of a geological 82
118	120		area known to have naturally occurring arsenic, radium, uranium, 83
119	121		radon or gross alpha emitter deposits in the bedrock; or (2) the well is 84
120	122		located in an area in which it is known that arsenic, radium, uranium, 85
121	123		radon or gross alpha emitters are present in the groundwater. 86
122	124		(h) Except as provided in subsection (i) of this section, the collection 87
123	125		of samples for determining the water quality of private residential wells 88
124	126		and semipublic wells may be made only by (1) employees of a 89
125	127		laboratory or firm certified or approved by the Department of Public 90
126	128		Health to test drinking water, if such employees have been trained in 91
127	129		sample collection techniques, (2) certified water operators, (3) local 92
128	130		health departments and state employees trained in sample collection 93
129	131		techniques, or (4) individuals with training and experience that the 94
130	132		Department of Public Health deems sufficient. 95
131	133		(i) Any owner of a residential construction, including, but not limited 96
132	134		to, a homeowner, on which a private residential well is located or any 97
133	135		general contractor of a new residential construction on which a private 98
134	136		residential well is located may collect samples of well water for 99
135	137		submission to a laboratory or firm for the purposes of testing water 100
136	138		quality pursuant to this section, provided (1) such laboratory or firm has 101
137	139		provided instructions to said owner or general contractor on how to 102
138	140		collect such samples, and (2) such owner or general contractor is 103
139	141		identified to the subsequent owner on a form to be prescribed by the 104
140	142		Department of Public Health. No regulation may prohibit or impede 105
141	143		such collection or analysis. 106
142	144		(j) The local director of health may require private residential wells 107
143	145		and semipublic wells to be tested for pesticides, herbicides or organic 108
144	146		chemicals when there are reasonable grounds to suspect that any such 109
145	147		contaminants might be present in the groundwater. For purposes of this 110
146		-	subsection, "reasonable grounds" means (1) the presence of nitrate-111
	148	+	subsection, "reasonable grounds" means (1) the presence of nitrate-111 Raised Bill No. 834
	149	+
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	151	+
	152	+	LCO No. 2797 5 of 6
	153	+
147	154		nitrogen in the groundwater at a concentration greater than ten 112
148	155		milligrams per liter, or (2) that the private residential well or semipublic 113
149	156		well is located on land, or in proximity to land, associated with the past 114
150		-	or present production, storage, use or disposal of organic chemicals as 115 Substitute Bill No. 834
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	157	+	or present production, storage, use or disposal of organic chemicals as 115
157	158		identified in any public record. 116
158		-	(k) The owner of any residential or commercial property shall notify 117
159		-	each tenant of any leased or rented unit located on such property and 118
160		-	the lessee of such property whenever any testing of the water supply for 119
161		-	such property indicates that the water exceeds a maximum contaminant 120
162		-	level applicable to water supply systems for any contaminant listed in 121
163		-	the Public Health Code or for any contaminant listed on the state 122
164		-	drinking water action level list established pursuant to section 22a-471. 123
165		-	Not later than twenty-four hours after receiving notification of the 124
166		-	results of such testing, the owner shall forward a copy of such 125
167		-	notification to each such tenant and lessee. The local director of health 126
168		-	shall take all reasonable steps to verify that such owner forwarded the 127
169		-	notice required pursuant to this subsection. 128
170		-	[(k)] (l) Any water transported in bulk by any means to a premises 129
171		-	currently supplied by a private well or semipublic well where the water 130
172		-	is to be used for purposes of drinking or domestic use shall be provided 131
173		-	by a bulk water hauler licensed pursuant to section 20-278h. No bulk 132
174		-	water hauler shall deliver water without first notifying the owner of the 133
175		-	premises of such delivery. Bulk water hauling to a premises currently 134
176		-	supplied by a private well or semipublic well shall be permitted only as 135
177		-	a temporary measure to alleviate a water supply shortage. 136
	159	+	(k) The owner of any residential property for which water is supplied 117
	160	+	by a public well or well for semipublic use shall notify each tenant of 118
	161	+	any leased or rented dwelling unit located on such property and the 119
	162	+	lessee of such property whenever any testing of the public well or well 120
	163	+	for semipublic use indicates that the water exceeds a maximum 121
	164	+	contaminant level applicable to public water supply systems for any 122
	165	+	contaminant listed in the Public Health Code or for any contaminant 123
	166	+	listed on the state drinking water action level list established pursuant 124
	167	+	to section 22a-471. Not later than twenty-four hours after receiving 125
	168	+	notification of the results of such testing, the owner shall forward a copy 126
	169	+	of such notification to each such tenant and lessee. The local director of 127
	170	+	health shall take all reasonable steps to verify that such owner 128
	171	+	forwarded the notice required pursuant to this subsection. 129
	172	+	[(k)] (l) Any water transported in bulk by any means to a premises 130
	173	+	currently supplied by a private well or semipublic well where the water 131
	174	+	is to be used for purposes of drinking or domestic use shall be provided 132
	175	+	by a bulk water hauler licensed pursuant to section 20-278h. No bulk 133
	176	+	water hauler shall deliver water without first notifying the owner of the 134
	177	+	premises of such delivery. Bulk water hauling to a premises currently 135
	178	+	supplied by a private well or semipublic well shall be permitted only as 136
	179	+	a temporary measure to alleviate a water supply shortage. 137
178	180		This act shall take effect as follows and shall amend the following
179	181		sections:
180	182
181	183		Section 1 October 1, 2021 19a-37
	184	+	Raised Bill No. 834
182	185
183		-	PH Joint Favorable Subst.
	186	+
	187	+
	188	+	LCO No. 2797 6 of 6
	189	+
	190	+	Statement of Purpose:
	191	+	To require the owner of a property supplied by a public well or a well
	192	+	for semipublic use to notify each tenant and lessee of such property of
	193	+	the results of certain water quality tests.
	194	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	195	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	196	+	underlined.]
184	197