Connecticut 2022 Regular Session

Connecticut House Bill HB05484 Compare Versions

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Version 2 (New)

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7	7		General Assembly Raised Bill No. 5484
8	8		February Session, 2022
9	9		LCO No. 3346
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11	11
12	12		Referred to Committee on PUBLIC HEALTH
13	13
14	14
15	15		Introduced by:
16	16		(PH)
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18	18
19	19
20	20		AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S
21	21		RECOMMENDATIONS REGARDING PRIVATE AND SEMIPUBLIC
22	22		WELL TESTING.
23	23		Be it enacted by the Senate and House of Representatives in General
24	24		Assembly convened:
25	25
26	26		Section 1. Section 19a-37 of the 2022 supplement to the general 1
27	27		statutes is repealed and the following is substituted in lieu thereof 2
28	28		(Effective October 1, 2022): 3
29	29		(a) As used in this section: 4
30	30		(1) "Laboratory or firm" means an environmental laboratory 5
31	31		registered by the Department of Public Health pursuant to section 19a-6
32	32		29a; 7
33	33		(2) "Private well" means a water supply well that meets all of the 8
34	34		following criteria: (A) Is not a public well; (B) supplies a residential 9
35	35		population of less than twenty-five persons per day; and (C) is owned 10
36	36		or controlled through an easement or by the same entity that owns or 11
37	37		controls the building or parcel that is served by the water supply well; 12 Raised Bill No. 5484
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44	44		(3) "Public well" means a water supply well that supplies a public 13
45	45		water system; 14
46	46		(4) "Semipublic well" means a water supply well that (A) does not 15
47	47		meet the definition of a private well or public well, and (B) provides 16
48	48		water for drinking and other domestic purposes; and 17
49	49		(5) "Water supply well" means an artificial excavation constructed by 18
50	50		any method for the purpose of obtaining or providing water for 19
51	51		drinking or other domestic, industrial, commercial, agricultural, 20
52	52		recreational or irrigation use, or other outdoor water use. 21
53	53		(b) The Commissioner of Public Health may adopt regulations, [in the 22
54	54		regulations of Connecticut state agencies] in accordance with chapter 54, 23
55	55		for the preservation of the public health pertaining to (1) protection and 24
56	56		location of new water supply wells or springs for residential or 25
57	57		nonresidential construction or for public or semipublic use, and (2) 26
58	58		inspection for compliance with the provisions of municipal regulations 27
59	59		adopted pursuant to section 22a-354p. 28
60	60		(c) (1) On and after October 1, 2022, prior to the sale, exchange, 29
61	61		purchase or transfer of real property served by a private or semipublic 30
62	62		well, the owner of such property shall test the water quality of such well. 31
63	63		Such test shall be completed and the results of such test obtained by the 32
64	64		owner not earlier than forty-five days before such sale, exchange, 33
65	65		purchase or transfer. Such test shall include, but need not be limited to, 34
66	66		testing for total coliform, nitrate, nitrite, sodium, chloride, iron, 35
67	67		manganese, hardness, turbidity, pH, sulfate, apparent color, odor, lead, 36
68	68		arsenic and uranium. The prospective buyer of such property shall pay 37
69	69		the cost of such test. 38
70	70		(2) Any laboratory or firm which conducts a water quality test on a 39
71	71		private well or semipublic well shall determine if such test is being 40
72	72		conducted in connection with the sale, exchange, purchase or transfer of 41
73	73		real property, pursuant to subdivision (1) of this subsection. 42
74	74		(3) Any laboratory or firm which conducts a water quality test on a 43 Raised Bill No. 5484
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81	81		private well or semipublic well in connection with the sale, exchange, 44
82	82		purchase or transfer of the real property shall, not later than thirty days 45
83	83		after the completion of such test, report the results of such test to (A) the 46
84	84		local health authority of the municipality where the property is located, 47
85	85		and (B) the Department of Public Health in a format specified by the 48
86	86		department. 49
87	87		(4) The Commissioner of Public Health shall adopt regulations, in 50
88	88		accordance with chapter 54, for the testing of water quality in private 51
89	89		wells and semipublic wells. [Any laboratory or firm which conducts a 52
90	90		water quality test on a private well serving a residential property or 53
91	91		semipublic well shall, not later than thirty days after the completion of 54
92	92		such test, report the results of such test to (1) the public health authority 55
93	93		of the municipality where the property is located, and (2) the 56
94	94		Department of Public Health in a format specified by the department, 57
95	95		provided such report shall only be required if the party for whom the 58
96	96		laboratory or firm conducted such test informs the laboratory or firm 59
97	97		identified on the chain of custody documentation submitted with the 60
98	98		test samples that the test was conducted in connection with the sale of 61
99	99		such property. No regulation may require such a test to be conducted as 62
100	100		a consequence or a condition of the sale, exchange, transfer, purchase or 63
101	101		rental of the real property on which the private well or semipublic well 64
102	102		is located.] 65
103	103		(d) Prior to the [sale, exchange, purchase, transfer or] rental of real 66
104	104		property on which a private or semipublic well is located, the owner 67
105	105		shall provide the [buyer or] tenant notice that educational material 68
106	106		concerning private well testing is available on the Department of Public 69
107	107		Health web site. Failure to provide such notice shall not invalidate any 70
108	108		[sale, exchange, purchase, transfer or] rental of real property. If the 71
109	109		[seller or] landlord provides such notice in writing, the [seller or] 72
110	110		landlord and any real estate licensee shall be deemed to have fully 73
111	111		satisfied any duty to notify the [buyer or] tenant that the subject real 74
112	112		property is located in an area for which there are reasonable grounds for 75
113	113		testing under subsection (g) or (j) of this section. 76 Raised Bill No. 5484
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120	120		(e) The Commissioner of Public Health shall adopt regulations, in 77
121	121		accordance with chapter 54, to clarify the criteria under which the 78
122	122		commissioner may issue a well permit exception and to describe the 79
123	123		terms and conditions that shall be imposed when a well is allowed at a 80
124	124		premises (1) that is connected to a public water supply system, or (2) 81
125	125		whose boundary is located within two hundred feet of an approved 82
126	126		community water supply system, measured along a street, alley or 83
127	127		easement. Such regulations shall (A) provide for notification of the 84
128	128		permit to the public water supplier, (B) address the quality of the water 85
129	129		supplied from the well, the means and extent to which the well shall not 86
130	130		be interconnected with the public water supply, the need for a physical 87
131	131		separation, and the installation of a reduced pressure device for 88
132	132		backflow prevention, the inspection and testing requirements of any 89
133	133		such reduced pressure device, and (C) identify the extent and frequency 90
134	134		of water quality testing required for the well supply. 91
135	135		(f) No regulation may require that a certificate of occupancy for a 92
136	136		dwelling unit on such residential property be withheld or revoked on 93
137	137		the basis of a water quality test performed on a private well pursuant to 94
138	138		this section, unless such test results indicate that any maximum 95
139	139		contaminant level applicable to public water supply systems for any 96
140	140		contaminant listed in the regulations of Connecticut state agencies has 97
141	141		been exceeded. No administrative agency, health district or municipal 98
142	142		health officer may withhold or cause to be withheld such a certificate of 99
143	143		occupancy except as provided in this section. 100
144	144		(g) The local director of health may require a private well or 101
145	145		semipublic well to be tested for [arsenic,] radium, [uranium,] radon or 102
146	146		gross alpha emitters, when there are reasonable grounds to suspect that 103
147	147		such contaminants are present in the groundwater. For purposes of this 104
148	148		subsection, "reasonable grounds" means (1) the existence of a geological 105
149	149		area known to have naturally occurring [arsenic,] radium, [uranium,] 106
150	150		radon or gross alpha emitter deposits in the bedrock; or (2) the well is 107
151	151		located in an area in which it is known that arsenic, radium, uranium, 108
152	152		radon or gross alpha emitters are present in the groundwater. 109 Raised Bill No. 5484
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159	159		(h) Except as provided in subsection (i) of this section, the collection 110
160	160		of samples for determining the water quality of private wells and 111
161	161		semipublic wells may be made only by (1) employees of a laboratory or 112
162	162		firm certified or approved by the Department of Public Health to test 113
163	163		drinking water, if such employees have been trained in sample 114
164	164		collection techniques, (2) certified water operators, (3) local health 115
165	165		departments and state employees trained in sample collection 116
166	166		techniques, or (4) individuals with training and experience that the 117
167	167		Department of Public Health deems sufficient. 118
168	168		(i) Any owner of a residential construction, including, but not limited 119
169	169		to, a homeowner, on which a private well is located or any general 120
170	170		contractor of a new residential construction on which a private well is 121
171	171		located may collect samples of well water for submission to a laboratory 122
172	172		or firm for the purposes of testing water quality pursuant to this section, 123
173	173		provided (1) such laboratory or firm has provided instructions to said 124
174	174		owner or general contractor on how to collect such samples, and (2) such 125
175	175		owner or general contractor is identified to the subsequent owner on a 126
176	176		form to be prescribed by the Department of Public Health. No 127
177	177		regulation may prohibit or impede such collection or analysis. 128
178	178		(j) The local director of health may require private wells and 129
179	179		semipublic wells to be tested for pesticides, herbicides or organic 130
180	180		chemicals when there are reasonable grounds to suspect that any such 131
181	181		contaminants might be present in the groundwater. For purposes of this 132
182	182		subsection, "reasonable grounds" means (1) the presence of nitrate-133
183	183		nitrogen in the groundwater at a concentration greater than ten 134
184	184		milligrams per liter, or (2) that the private well or semipublic well is 135
185	185		located on land, or in proximity to land, associated with the past or 136
186	186		present production, storage, use or disposal of organic chemicals as 137
187	187		identified in any public record. 138
188	188		(k) Any water transported in bulk by any means to a premises 139
189	189		currently supplied by a private well or semipublic well where the water 140
190	190		is to be used for purposes of drinking or domestic use shall be provided 141
191	191		by a bulk water hauler licensed pursuant to section 20-278h. No bulk 142 Raised Bill No. 5484
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198	198		water hauler shall deliver water without first notifying the owner of the 143
199	199		premises of such delivery. Bulk water hauling to a premises currently 144
200	200		supplied by a private well or semipublic well shall be permitted only as 145
201	201		a temporary measure to alleviate a water supply shortage. 146
202	202		(l) On and after October 1, 2022, the owner of each newly constructed 147
203	203		private well or semipublic well shall test the water quality of such well. 148
204	204		Such test shall include, but need not be limited to, testing for total 149
205	205		coliform, nitrate, nitrite, sodium, chloride, iron, manganese, hardness, 150
206	206		turbidity, pH, sulfate, apparent color, odor, lead, arsenic and uranium. 151
207	207		The results of such test shall be reported in accordance with the 152
208	208		provisions of section 19-13-B101 of the regulations of Connecticut state 153
209	209		agencies. 154
210	210		This act shall take effect as follows and shall amend the following
211	211		sections:
212	212
213	213		Section 1 October 1, 2022 19a-37
214	214
215	215		PH Joint Favorable
216		-	APP Joint Favorable
217	216