Connecticut 2021 Regular Session

Connecticut Senate Bill SB00961 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 961
	4	+	LCO No. 4103 1 of 3
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	6	+	General Assembly Raised Bill No. 961
8	7		January Session, 2021
	8	+	LCO No. 4103
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	10	+
	11	+	Referred to Committee on PLANNING AND DEVELOPMENT
	12	+
	13	+
	14	+	Introduced by:
	15	+	(PD)
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14	20		AN ACT CONCERNING CE RTAIN SEWAGE DISPOSA L SYSTEMS
15	21		AND ALTERNATIVE SEWA GE TREATMENT SYSTEMS.
16	22		Be it enacted by the Senate and House of Representatives in General
17	23		Assembly convened:
18	24
19	25		Section 1. Subsection (g) of section 22a-430 of the general statutes is 1
20	26		repealed and the following is substituted in lieu thereof (Effective from 2
21	27		passage): 3
22		-	(g) The commissioner shall, by regulation adopted prior to [October 4
23		-	1, 1977] July 1, 2023, establish and define categories of discharges which 5
24		-	constitute small community sewerage systems and household and small 6
25		-	commercial subsurface sewage disposal systems for which [he] the 7
26		-	commissioner shall delegate to the Commissioner of Public Health the 8
27		-	authority to issue permits or approvals and to hold public hearings in 9
28		-	accordance with this section, on and after said date. The Commissioner 10
29		-	of Public Health shall, pursuant to section 19a-36, establish minimum 11
30		-	requirements for small community sewerage systems and household 12
31		-	and small commercial subsurface sewage disposal systems and 13
32		-	procedures for the issuance of such permits or approvals by the local 14
33		-	director of health or a sanitarian registered pursuant to chapter 395. As 15
34		-	used in this subsection, small community sewerage systems and 16
35		-	household and small commercial disposal systems shall include those 17
36		-	subsurface sewage disposal systems with a capacity of [seven thousand 18 Substitute Bill No. 961
	28	+	(g) The commissioner shall, by regulation adopted prior to October 1, 4
	29	+	[1977] 2021, establish and define categories of discharges which 5
	30	+	constitute household and small commercial subsurface sewage disposal 6
	31	+	systems for which he shall delegate to the Commissioner of Public 7
	32	+	Health the authority to issue permits or approvals and to hold public 8
	33	+	hearings in accordance with this section, on and after said date. The 9
	34	+	Commissioner of Public Health shall, pursuant to section 19a-36, 10
	35	+	establish minimum requirements for household and small commercial 11
	36	+	subsurface sewage disposal systems and procedures for the issuance of 12
	37	+	such permits or approvals by the local director of health or a sanitarian 13
	38	+	registered pursuant to chapter 395. As used in this subsection, 14
	39	+	household and small commercial disposal systems shall include those 15 Raised Bill No. 961
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43		-	five hundred] ten thousand gallons per day or less. Notwithstanding 19
44		-	any provision of the general statutes or regulations of Connecticut state 20
45		-	agencies, the regulations adopted by the commissioner pursuant to this 21
46		-	subsection that are in effect as of [July 1, 2017] July 1, 2023, shall apply 22
47		-	to small community sewerage systems and household and small 23
48		-	commercial subsurface sewage disposal systems with a capacity of 24
49		-	[seven thousand five hundred] ten thousand gallons per day or less. 25
50		-	Any permit denied by the Commissioner of Public Health, or a director 26
51		-	of health or registered sanitarian shall be subject to hearing and appeal 27
52		-	in the manner provided in section 19a-229. Any permit granted by [said] 28
53		-	the Commissioner of Public Health, or a director of health or registered 29
54		-	sanitarian on or after October 1, 1977, shall be deemed equivalent to a 30
55		-	permit issued under subsection (b) of this section. 31
56		-	Sec. 2. Subsection (a) of section 19a-35a of the general statutes is 32
57		-	repealed and the following is substituted in lieu thereof (Effective from 33
58		-	passage): 34
59		-	(a) Notwithstanding the provisions of chapter 439 and sections 22a-35
60		-	430, as amended by this act, and 22a-430b, the Commissioner of Public 36
61		-	Health shall, within available appropriations, by regulation adopted 37
62		-	prior to July 1, 2023, and pursuant to section 19a-36, establish and define 38
63		-	categories of discharge that constitute alternative on-site sewage 39
64		-	treatment systems with capacities of [five] ten thousand gallons or less 40
65		-	per day. After the establishment of such categories, said commissioner 41
66		-	shall have jurisdiction, within available appropriations, to issue or deny 42
67		-	permits and approvals for such systems and for all discharges of 43
68		-	domestic sewage to the groundwaters of the state from such systems. 44
69		-	Said commissioner shall, pursuant to section 19a-36, and within 45
70		-	available appropriations, establish minimum requirements for 46
71		-	alternative on-site sewage treatment systems under said commissioner's 47
72		-	jurisdiction, including, but not limited to: (1) Requirements related to 48
73		-	activities that may occur on the property; (2) changes that may occur to 49
74		-	the property or to buildings on the property that may affect the 50
75		-	installation or operation of such systems; and (3) procedures for the 51 Substitute Bill No. 961
	43	+	LCO No. 4103 2 of 3
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	45	+	subsurface sewage disposal systems with a capacity of [seven thousand 16
	46	+	five hundred] ten thousand gallons per day or less. Notwithstanding 17
	47	+	any provision of the general statutes or regulations of Connecticut state 18
	48	+	agencies, the regulations adopted by the commissioner pursuant to this 19
	49	+	subsection that are in effect as of [July 1, 2017] October 1, 2021, shall 20
	50	+	apply to household and small commercial subsurface sewage disposal 21
	51	+	systems with a capacity of [seven thousand five hundred] ten thousand 22
	52	+	gallons per day or less. Any permit denied by the Commissioner of 23
	53	+	Public Health, or a director of health or registered sanitarian shall be 24
	54	+	subject to hearing and appeal in the manner provided in section 19a-229. 25
	55	+	Any permit granted by [said] the Commissioner of Public Health, or a 26
	56	+	director of health or registered sanitarian on or after October 1, 1977, 27
	57	+	shall be deemed equivalent to a permit issued under subsection (b) of 28
	58	+	this section. 29
	59	+	Sec. 2. Subsection (a) of section 19a-35a of the general statutes is 30
	60	+	repealed and the following is substituted in lieu thereof (Effective from 31
	61	+	passage): 32
	62	+	(a) Notwithstanding the provisions of chapter 439 and sections 22a-33
	63	+	430, as amended by this act, and 22a-430b, the Commissioner of Public 34
	64	+	Health shall, within available appropriations, by regulation adopted 35
	65	+	prior to October 1, 2021, and pursuant to section 19a-36, establish and 36
	66	+	define categories of discharge that constitute alternative on-site sewage 37
	67	+	treatment systems with capacities of [five] ten thousand gallons or less 38
	68	+	per day. After the establishment of such categories, said commissioner 39
	69	+	shall have jurisdiction, within available appropriations, to issue or deny 40
	70	+	permits and approvals for such systems and for all discharges of 41
	71	+	domestic sewage to the groundwaters of the state from such systems. 42
	72	+	Said commissioner shall, pursuant to section 19a-36, and within 43
	73	+	available appropriations, establish minimum requirements for 44
	74	+	alternative on-site sewage treatment systems under said commissioner's 45
	75	+	jurisdiction, including, but not limited to: (1) Requirements related to 46
	76	+	activities that may occur on the property; (2) changes that may occur to 47
	77	+	the property or to buildings on the property that may affect the 48
	78	+	installation or operation of such systems; and (3) procedures for the 49 Raised Bill No. 961
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82		-	issuance of permits or approvals by said commissioner, a local director 52
83		-	of health, or a sanitarian licensed pursuant to chapter 395. A permit or 53
84		-	approval granted by said commissioner, such local director of health or 54
85		-	such sanitarian for an alternative on-site sewage treatment system 55
86		-	pursuant to this section shall: (A) Not be inconsistent with the 56
87		-	requirements of the federal Water Pollution Control Act, 33 USC 1251 et 57
88		-	seq., the federal Safe Drinking Water Act, 42 USC 300f et seq., and the 58
89		-	standards of water quality adopted pursuant to section 22a-426, as such 59
90		-	laws and standards may be amended from time to time, (B) not be 60
91		-	construed or deemed to be an approval for any other purpose, 61
92		-	including, but not limited to, any planning and zoning or municipal 62
93		-	inland wetlands and watercourses requirement, and (C) be in lieu of a 63
94		-	permit issued under section 22a-430, as amended by this act, or 22a-64
95		-	430b. For purposes of this section, "alternative on-site sewage treatment 65
96		-	system" means a sewage treatment system serving one or more 66
97		-	buildings on a single parcel of property that utilizes a method of 67
98		-	treatment other than a subsurface sewage disposal system and that 68
99		-	involves a discharge of domestic sewage to the groundwaters of the 69
100		-	state. 70
	82	+	LCO No. 4103 3 of 3
	83	+
	84	+	issuance of permits or approvals by said commissioner, a local director 50
	85	+	of health, or a sanitarian licensed pursuant to chapter 395. A permit or 51
	86	+	approval granted by said commissioner, such local director of health or 52
	87	+	such sanitarian for an alternative on-site sewage treatment system 53
	88	+	pursuant to this section shall: (A) Not be inconsistent with the 54
	89	+	requirements of the federal Water Pollution Control Act, 33 USC 1251 et 55
	90	+	seq., the federal Safe Drinking Water Act, 42 USC 300f et seq., and the 56
	91	+	standards of water quality adopted pursuant to section 22a-426, as such 57
	92	+	laws and standards may be amended from time to time, (B) not be 58
	93	+	construed or deemed to be an approval for any other purpose, 59
	94	+	including, but not limited to, any planning and zoning or municipal 60
	95	+	inland wetlands and watercourses requirement, and (C) be in lieu of a 61
	96	+	permit issued under section 22a-430, as amended by this act, or 22a-62
	97	+	430b. For purposes of this section, "alternative on-site sewage treatment 63
	98	+	system" means a sewage treatment system serving one or more 64
	99	+	buildings on a single parcel of property that utilizes a method of 65
	100	+	treatment other than a subsurface sewage disposal system and that 66
	101	+	involves a discharge of domestic sewage to the groundwaters of the 67
	102	+	state. 68
101	103		This act shall take effect as follows and shall amend the following
102	104		sections:
103	105
104	106		Section 1 from passage 22a-430(g)
105	107		Sec. 2 from passage 19a-35a(a)
106	108
107		-
108		-	PD Joint Favorable Subst.
	109	+	Statement of Purpose:
	110	+	To increase to ten thousand gallons per day the maximum capacity of
	111	+	certain subsurface sewage disposal systems and alternative on-site
	112	+	sewage treatment systems over which the Department of Public Health
	113	+	has jurisdiction.
	114	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	115	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	116	+	underlined.]
109	117