Connecticut 2021 2021 Regular Session

Connecticut Senate Bill SB00961 Comm Sub / Bill

Filed 04/21/2021

                     
 
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General Assembly  Substitute Bill No. 961  
January Session, 2021 
 
 
 
 
 
AN ACT CONCERNING CE RTAIN SEWAGE DISPOSA L 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repealed and the following is substituted in lieu thereof (Effective from 2 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] July 1, 2023, establish and define categories of discharges which 5 
constitute small community sewerage systems and household and small 6 
commercial subsurface sewage disposal systems for which [he] the 7 
commissioner shall delegate to the Commissioner of Public Health the 8 
authority to issue permits or approvals and to hold public hearings in 9 
accordance with this section, on and after said date. The Commissioner 10 
of Public Health shall, pursuant to section 19a-36, establish minimum 11 
requirements for small community sewerage systems and household 12 
and small commercial subsurface sewage disposal systems and 13 
procedures for the issuance of such permits or approvals by the local 14 
director of health or a sanitarian registered pursuant to chapter 395. As 15 
used in this subsection, small community sewerage systems and 16 
household and small commercial disposal systems shall include those 17 
subsurface sewage disposal systems with a capacity of [seven thousand 18  Substitute Bill No. 961 
 
 
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five hundred] ten thousand gallons per day or less. Notwithstanding 19 
any provision of the general statutes or regulations of Connecticut state 20 
agencies, the regulations adopted by the commissioner pursuant to this 21 
subsection that are in effect as of [July 1, 2017] July 1, 2023, shall apply 22 
to small community sewerage systems and household and small 23 
commercial subsurface sewage disposal systems with a capacity of 24 
[seven thousand five hundred] ten thousand gallons per day or less. 25 
Any permit denied by the Commissioner of Public Health, or a director 26 
of health or registered sanitarian shall be subject to hearing and appeal 27 
in the manner provided in section 19a-229. Any permit granted by [said] 28 
the Commissioner of Public Health, or a director of health or registered 29 
sanitarian on or after October 1, 1977, shall be deemed equivalent to a 30 
permit issued under subsection (b) of this section. 31 
Sec. 2. Subsection (a) of section 19a-35a of the general statutes is 32 
repealed and the following is substituted in lieu thereof (Effective from 33 
passage): 34 
(a) Notwithstanding the provisions of chapter 439 and sections 22a-35 
430, as amended by this act, and 22a-430b, the Commissioner of Public 36 
Health shall, within available appropriations, by regulation adopted 37 
prior to July 1, 2023, and pursuant to section 19a-36, establish and define 38 
categories of discharge that constitute alternative on-site sewage 39 
treatment systems with capacities of [five] ten thousand gallons or less 40 
per day. After the establishment of such categories, said commissioner 41 
shall have jurisdiction, within available appropriations, to issue or deny 42 
permits and approvals for such systems and for all discharges of 43 
domestic sewage to the groundwaters of the state from such systems. 44 
Said commissioner shall, pursuant to section 19a-36, and within 45 
available appropriations, establish minimum requirements for 46 
alternative on-site sewage treatment systems under said commissioner's 47 
jurisdiction, including, but not limited to: (1) Requirements related to 48 
activities that may occur on the property; (2) changes that may occur to 49 
the property or to buildings on the property that may affect the 50 
installation or operation of such systems; and (3) procedures for the 51  Substitute Bill No. 961 
 
 
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issuance of permits or approvals by said commissioner, a local director 52 
of health, or a sanitarian licensed pursuant to chapter 395. A permit or 53 
approval granted by said commissioner, such local director of health or 54 
such sanitarian for an alternative on-site sewage treatment system 55 
pursuant to this section shall: (A) Not be inconsistent with the 56 
requirements of the federal Water Pollution Control Act, 33 USC 1251 et 57 
seq., the federal Safe Drinking Water Act, 42 USC 300f et seq., and the 58 
standards of water quality adopted pursuant to section 22a-426, as such 59 
laws and standards may be amended from time to time, (B) not be 60 
construed or deemed to be an approval for any other purpose, 61 
including, but not limited to, any planning and zoning or municipal 62 
inland wetlands and watercourses requirement, and (C) be in lieu of a 63 
permit issued under section 22a-430, as amended by this act, or 22a-64 
430b. For purposes of this section, "alternative on-site sewage treatment 65 
system" means a sewage treatment system serving one or more 66 
buildings on a single parcel of property that utilizes a method of 67 
treatment other than a subsurface sewage disposal system and that 68 
involves a discharge of domestic sewage to the groundwaters of the 69 
state. 70 
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) 
 
 
PD Joint Favorable Subst.