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General Assembly Raised Bill No. 456
February Session, 2022
LCO No. 3390
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING CLEAN AND SAFE WELL WATER.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 22a-471 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2022): 2
(a) (1) If the Commissioner of Energy and Environmental Protection 3
determines that pollution of the groundwaters has occurred or can 4
reasonably be expected to occur and the Commissioner of Public Health 5
determines that the extent of pollution creates or can reasonably be 6
expected to create an unacceptable risk of injury to the health or safety 7
of persons using such groundwaters as a public or private source of 8
water for drinking or other personal or domestic uses, the 9
Commissioner of Energy and Environmental Protection may issue an 10
order to the person or municipality responsible for such pollution 11
requiring that (A) potable drinking water be provided to all persons 12
affected by such pollution, or (B) the person or municipality repair or 13
replace, as necessary, any private well, as defined in section 19a-37, that 14
requires repair or replacement as a result of contamination of the private 15
well by such pollution. In determining if pollution creates an 16 Raised Bill No. 456
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unacceptable risk of injury, the Commissioner of Public Health shall 17
balance all relevant and substantive facts and inferences and shall not 18
be limited to a consideration of available statistical analysis but shall 19
consider all of the evidence presented and any factor related to human 20
health risks. If the Commissioner of Energy and Environmental 21
Protection finds that more than one person or municipality is 22
responsible for such pollution, the commissioner shall attempt to 23
apportion responsibility if the commissioner determines that 24
apportionment is appropriate. If the commissioner does not apportion 25
responsibility, all persons and municipalities responsible for the 26
pollution of the groundwaters shall be jointly and severally responsible 27
for the (i) providing of potable drinking water to persons affected by 28
such pollution, or (ii) repair or replacement, as necessary, any private 29
well, as defined in section 19a-37, that requires repair or replacement as 30
a result of contamination of the private well by such pollution. If the 31
commissioner determines that the state or an agency or department of 32
the state is responsible in whole or in part for the pollution of the 33
groundwaters, such agency or department shall prepare or arrange for 34
the preparation of an engineering report, [and shall] provide or arrange 35
for the provision of a long-term potable drinking water supply and 36
repair or replace, as necessary, any private well, as defined in section 37
19a-37, that requires repair or replacement as a result of contamination 38
of the private well by such pollution. If the commissioner is unable to 39
determine the person or municipality responsible or if the commissioner 40
determines that the responsible persons have no assets other than land, 41
buildings, business machinery or livestock and are unable to secure a 42
loan at a reasonable rate of interest to provide potable drinking water or 43
to repair or replace any private well contaminated by such pollution, the 44
commissioner may prepare or arrange for the preparation of an 45
engineering report and provide or arrange for the provision of a long-46
term potable drinking water supply and, where necessary, the repair or 47
replacement of a private well contaminated by such pollution or the 48
commissioner may issue an order to the municipality wherein 49
groundwaters unusable for potable drinking water are located requiring 50
that short-term provision of potable drinking water be made to those 51 Raised Bill No. 456
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existing residential buildings and elementary and secondary schools 52
affected by such pollution and that long-term provision of potable 53
drinking water be made to all persons affected by such pollution and, 54
where necessary, repair or replacement of a private well contaminated 55
by such pollution be conducted. For purposes of this section, "residential 56
building" means any house, apartment, trailer, mobile manufactured 57
home or other structure occupied by individuals as a dwelling, except a 58
non-owner-occupied hotel or motel or a correctional institution. 59
(2) Any order issued pursuant to this section may require the 60
provision of potable drinking water in such quantities as the 61
commissioner determines are necessary for drinking and other personal 62
and domestic uses and may require the maintenance and monitoring of 63
potable water supply facilities for any period which the commissioner 64
determines is necessary. In making such determinations, the 65
commissioner shall consider the short-term and long-term needs for 66
potable drinking water and the health and safety of those persons whose 67
water supply is unusable. Any order may require the submission of an 68
engineering report which shall be subject to the approval of the 69
commissioner and the Commissioner of Public Health and include, but 70
not be limited to, a description in detail of the problem, area and 71
population affected by pollution of the groundwaters; the expected 72
duration of and extent of the pollution; alternate solutions including 73
relative cost of construction or installation, operation and maintenance; 74
design criteria on all alternate solutions; and any other information 75
which the commissioner deems necessary. Upon review of such report, 76
the commissioner and the Commissioner of Public Health shall consider 77
the nature of the pollution, the expected duration and extent of the 78
pollution, the health and safety of the persons affected, the initial and 79
ongoing cost-effectiveness and reliability of each alternative and any 80
other factors which they deem relevant, and shall approve a system or 81
method to provide potable drinking water pursuant to the order. Each 82
order shall include a time schedule for the accomplishment of the steps 83
leading to the provision of potable drinking water. Notwithstanding the 84
fact that a responsible party has been or may be identified or a request 85 Raised Bill No. 456
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for a hearing on or a pending appeal from an order issued pursuant to 86
this section, when pollution of the groundwaters has occurred or may 87
reasonably be expected to occur, the commissioner may prepare or 88
arrange for the preparation of an engineering report as described in this 89
subdivision and may provide or arrange for the provision of a long-term 90
potable drinking water supply. In any case where the state or an agency 91
or department of the state is responsible in whole or in part for the 92
pollution of the groundwaters, such agency or department shall prepare 93
or arrange for the preparation of an engineering report and shall 94
provide or arrange for the provision of a long-term potable drinking 95
water supply, and if the state is not the sole responsible party, the 96
commissioner shall seek reimbursement under subdivision (4) of 97
subsection (b) of this section for the costs of such report and for the 98
provision of potable water. The cost of the report and of the provision 99
of a long-term potable drinking water supply, as funds allow, shall be 100
paid from the proceeds of any bonds authorized for the provision of 101
potable drinking water. 102
(3) The provisions of this section shall not affect the rights of any 103
municipality to institute suit to recover all damages, expenses and costs 104
incurred by the municipality from any responsible party, including, but 105
not limited to, the costs specified in subparagraph (B)(i) and (ii) of 106
subdivision (4) of subsection (b) of this section and, in the case of any 107
municipality which is not responsible for the pollution of the 108
groundwaters, the additional amounts specified in subparagraph (B)(iii) 109
and (iv) of subdivision (4) of subsection (b) of this section. 110
(4) No provision of this section shall limit the liability of any person 111
who or municipality which renders the groundwaters unusable for 112
potable drinking water from a suit for damages by a person who or 113
municipality which relied on said groundwaters for potable drinking 114
water prior to the determination by the commissioner that the 115
groundwaters are polluted. 116
(5) The commissioner may issue any order pursuant to this section if 117
the pollution of the groundwaters occurred before or after July 1, 1982. 118 Raised Bill No. 456
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(6) The commissioner may at any time require further action by any 119
person to whom or municipality to which an order is issued pursuant 120
to this section, including, but not limited to, the repair or replacement of 121
a private well, if the commissioner determines that such action is 122
necessary to protect the health and safety of those persons whose water 123
supply was rendered unusable. 124
(b) (1) (A) Any municipality not responsible for the pollution of the 125
groundwaters that is ordered to provide potable drinking water or to 126
repair or replace a private well in accordance with subsection (a) of this 127
section may apply to the commissioner for a grant as provided by this 128
subsection. Except as provided in subparagraph (C) of subdivision (1) 129
of this subsection and in subdivision (2) of this subsection, the 130
commissioner shall make grants for the short-term provision of potable 131
drinking water, the repair or replacement of a private well and the 132
construction or installation of individual wells or individual water 133
treatment systems, including, but not limited to, carbon absorption 134
filters and shall make grants for other capital improvements for the 135
long-term provision of potable drinking water from any bond 136
authorization established for that purpose. 137
(B) The amount distributed to a municipality shall, as funds allow, 138
equal one hundred per cent of the cost of short-term provision of potable 139
drinking water and the repair or replacement of a private well, one 140
hundred per cent of the cost of the engineering report required by this 141
section, one hundred per cent of the cost of capital improvements for the 142
most cost-effective long-term method of providing potable drinking 143
water as determined by the commissioner and the Commissioner of 144
Public Health upon consideration of such engineering report, and one 145
hundred per cent of the cost during the first five years of installation of 146
monitoring and maintaining individual water treatment systems and 147
monitoring drinking water wells located in an area where the 148
commissioner determines that pollution of the groundwater is 149
reasonably likely to occur. No state funds shall be distributed to a 150
municipality for the cost of operating or maintaining any potable water 151
supply facilities other than as specified in this subsection. 152 Raised Bill No. 456
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(C) Notwithstanding any provision of this subsection to the contrary, 153
the commissioner may advance to a municipality, from the proceeds of 154
any bonds authorized for the provision of potable drinking water, any 155
percentage of the cost of short-term and long-term provision of potable 156
drinking water and repair or replacement of private well that the 157
commissioner deems necessary. 158
(2) (A) If the commissioner is unable to determine the person or 159
municipality responsible for rendering the groundwaters unusable for 160
potable drinking water or if the commissioner determines that the 161
responsible persons have no assets other than land, buildings, business 162
machinery or livestock and are unable to secure a loan at a reasonable 163
rate of interest to provide potable drinking water, a water company that 164
has less than ten thousand customers and that owns, maintains, 165
operates, manages, controls or employs a water supply well that is 166
rendered unusable for potable drinking water, may apply to the 167
commissioner for a grant from funds established pursuant to section 168
22a-451 or from the proceeds of any bonds authorized for the provision 169
of potable drinking water. If, upon review of the engineering report 170
required by this subsection to be submitted with an application for such 171
a grant, the commissioner determines that a grant to a water company 172
from available appropriations or from the proceeds of any bonds 173
authorized for the provision of potable drinking water is appropriate, 174
the commissioner may make such a grant in accordance with 175
regulations adopted by the commissioner pursuant to subsection (e) of 176
this section. 177
(B) The total amount distributed to a water company pursuant to this 178
subsection shall, as funds allow, equal fifty per cent of the cost of the 179
engineering report required by this subsection and fifty per cent of the 180
cost of the most cost-effective long-term method of rendering the water 181
supply in question usable for potable drinking water, as determined by 182
the commissioner and the Commissioner of Public Health upon 183
consideration of the required engineering report. 184
(C) For purposes of this section, "water company" and "customer" 185 Raised Bill No. 456
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have the same meanings as provided in section 25-32a. 186
(D) Any water company applying for a grant pursuant to this section 187
shall prepare or have prepared an engineering report that shall be 188
subject to the approval of the commissioner and the Commissioner of 189
Public Health and include, but not be limited to, a description in detail 190
of the problem, area and population affected by pollution of the 191
groundwaters; alternate solutions including relative cost of construction 192
or installation, operation and maintenance; design criteria on all 193
alternate solutions and any other information the commissioner deems 194
necessary. 195
(3) (A) If a municipality or water company receives funding from a 196
private source, a federal grant or another state grant for any cost for 197
which a grant may be awarded pursuant to this section, the grant under 198
this section shall equal the specified percentage of the costs specified in 199
this subsection minus the amount of the other funding. 200
(B) If a municipality or water company receives a grant under this 201
section and is compensated by a person who or municipality that is 202
responsible for rendering the groundwaters unusable for potable 203
drinking water, the municipality or water company shall reimburse the 204
account from which the funds were made available for the grant as 205
follows: If the compensation from the responsible party equals or 206
exceeds the costs toward which the grant was to be applied, the 207
municipality or water company shall reimburse the total amount of the 208
grant; if the compensation is less than the cost toward which the grant 209
was to be applied, the municipality or water company shall reimburse a 210
percentage of the compensation equal to the percentage of such costs 211
paid by the grant. 212
(4) (A) Notwithstanding any request for a hearing or a pending 213
appeal therefrom, if a person or municipality responsible for pollution 214
of the groundwaters fails to comply with an order of the commissioner 215
issued pursuant to this section, the municipality wherein such pollution 216
is located may, after giving written notice of its intent to the 217 Raised Bill No. 456
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commissioner and the responsible person or municipality, undertake 218
the actions required by the order and seek reimbursement for the cost 219
of such actions from the responsible person or municipality. If at any 220
time after receipt of such a notice, the responsible party intends to 221
comply with a step of the order that the municipality has not yet 222
completed, the responsible party may do so with the written approval 223
of the commissioner and municipality, provided the actions that the 224
responsible party takes are consistent with those taken by the 225
municipality. 226
(B) The commissioner may order any person or municipality 227
responsible for pollution of the groundwaters to reimburse the state, a 228
water company, and any municipality that is not responsible for 229
pollution but received an order pursuant to this section or that did not 230
receive such an order but voluntarily provided potable drinking water 231
or repaired or replaced a private well, for (i) the expenses each incurred 232
in providing potable drinking water to or repairing or replacing a 233
private well of any person affected by such pollution, provided the 234
required reimbursement for such expenses shall not exceed the actual 235
cost of short-term provision of potable drinking water or of the repair 236
or replacement of the private well and an amount equal to the 237
reasonable cost of planning and implementing the most cost-effective 238
long-term method of providing potable drinking water as determined 239
by the commissioner and the Commissioner of Public Health; (ii) costs 240
for recovering such reimbursement; (iii) interest on the expenses 241
specified in (i) at a rate of ten per cent a year from the date such expenses 242
were paid; and (iv) reasonable attorney's fees. The commissioner may 243
request the Attorney General to bring a civil action to recover any costs 244
or expenses incurred by the commissioner pursuant to this subsection 245
provided no such action may be brought later than ten years after the 246
date of discovery of the pollution of public or private sources of water 247
for drinking or other personal or domestic use. 248
(C) If a municipality fails to recover all expenses specified in 249
subparagraph (B)(i) of subdivision (4) of this subsection from the 250
responsible party, the municipality may apply to the commissioner for 251 Raised Bill No. 456
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a grant in accordance with this subsection, provided the total amount of 252
funds received from the commissioner and the responsible party shall 253
not exceed the amounts specified in subparagraph (B) of subdivision (1) 254
of subsection (b) of this section. 255
(5) For purposes of this section except subdivision (3) of subsection 256
(a) and subparagraph (B)(ii) of subdivision (4) of this subsection, "cost" 257
includes only those costs that the commissioner determines are 258
necessary and reasonable, including, but not limited to, the cost of plans 259
and specifications, construction or installation and supervision thereof. 260
(6) If any grant application is pending on June 7, 1994, and is 261
approved by the commissioner, the percentage of costs to be paid by the 262
grant shall be determined in accordance with this section. Any order 263
pending on May 31, 1985, shall be construed in accordance with this 264
section. 265
(7) Any person who or municipality that provides potable drinking 266
water pursuant to this section may, with the approval of the 267
commissioner, construct or install facilities beyond the areas included in 268
the order or facilities that are more costly than those that are determined 269
to be most cost-effective, provided any request for a grant or 270
reimbursement shall be limited to the amounts specified in this section. 271
(8) Notwithstanding any provision of this section and the cost-272
sharing formula established in section 22a-471-1 of the Regulations of 273
Connecticut State Agencies, for any area of a municipality that is 274
adjacent to a federal Superfund site where there is a water line extension 275
component to such project and the federal government is providing fire 276
flow capacity while such water is groundwater supplied by a municipal 277
water company, the minimum size water main required to address 278
pollution may be upgraded in order to carry fire flow and the 279
municipality shall only be responsible to pay the incremental project 280
cost. 281
(9) Notwithstanding any provision of this section and the cost sharing 282
formula established in section 22a-471-1 of the regulations of 283 Raised Bill No. 456
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Connecticut state agencies, for any area of a municipality that is adjacent 284
to a site listed on the State of Connecticut Superfund Priority List where 285
a water line extension component to such project has been installed by 286
a municipal or private water company, the minimum size water main 287
required to address pollution may be upgraded in order to carry fire 288
flow or address public water supply needs that are consistent with an 289
adopted plan of conservation and development and the municipality 290
shall only be responsible to pay the incremental project cost, which may 291
be funded by such water company, another person or available local, 292
state or federal funds. 293
(c) Any order issued under the provisions of this section shall be 294
subject to the rights of any aggrieved person or municipality to a hearing 295
before the commissioner as provided in section 22a-436, and appeal 296
from the final determination of the commissioner to the Superior Court 297
as provided in section 22a-437. The request for a hearing or pending 298
appeal therefrom shall not constitute a condition which shall stay the 299
commissioner from requesting that an injunction under the provisions 300
of section 22a-6 or 22a-435, or a civil action to recover a forfeiture under 301
the provisions of section 22a-438, be initiated by the Attorney General. 302
The court shall issue an injunction requiring the recipient of the order to 303
take the steps required by the order for short-term and long-term 304
provision of potable drinking water unless such court determines that 305
the issuance of the order was arbitrary. Notwithstanding any provision 306
of the general statutes, a court shall not grant a stay from any order 307
issued pursuant to this section on the grounds that an administrative 308
appeal is pending. If it is thereafter determined by the Superior Court as 309
the result of an appeal under the provisions of section 22a-437 that the 310
commissioner acted arbitrarily, unreasonably or contrary to law in 311
requiring a person or municipality to comply with an order the 312
commissioner shall reimburse the person or municipality for the total 313
costs which have been incurred from the funds established under 314
section 22a-446. 315
(d) The commissioner shall not issue an order to any person pursuant 316
to this section if the sole basis for the order is that such person is the 317 Raised Bill No. 456
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owner of the land from which the source of pollution or potential source 318
of pollution emanates. 319
(e) The commissioner may, in accordance with chapter 54, adopt such 320
regulations as the commissioner deems necessary to carry out the 321
provisions of this section, and shall adopt regulations for the provision 322
of grants pursuant to this section which shall include criteria for 323
eligibility for funds. 324
(f) (1) Notwithstanding the provisions of subsection (a) of this section, 325
if the commissioner determines that a person whose actions have caused 326
or can reasonably be expected to cause pollution of the groundwaters 327
by the application of a pesticide (A) has properly applied the pesticide 328
or arranged for a pesticide application which was properly performed, 329
(B) was engaged in agriculture at the time the pesticide was applied and 330
used the pesticide solely in the production of agricultural commodities, 331
(C) has agreed to implement the plans specified in subdivision (2) of this 332
subsection, and (D) maintained the records of the application of the 333
pesticide as required by section 22a-58 and the records and plan 334
identified in section 22a-471a, the commissioner shall not issue an order 335
under subsection (a) of this section to the person engaged in agriculture, 336
but may issue an order under said subsection (a) to another responsible 337
person, including, but not limited to, the producer of the pesticide, 338
requiring the short-term and long-term provision of potable drinking 339
water in accordance with said subsection (a). The commissioner shall 340
not issue an order under said subsection (a) to a person engaged in 341
agriculture who did not maintain the records identified under section 342
22a-471a if said commissioner finds such records are not relevant to a 343
determination of the party responsible for pollution of the 344
groundwaters. If the commissioner is unable to determine the 345
responsible person, the commissioner may issue such order to the 346
municipality wherein groundwaters unusable for potable drinking 347
water are located. 348
(2) If the commissioner determines that a person engaged in 349
agriculture has caused or can reasonably be expected to cause pollution 350 Raised Bill No. 456
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of the groundwaters by pesticides, the commissioner may cause such 351
person to submit to the commissioner and, upon approval by the 352
commissioner, implement a plan to minimize the potential for 353
groundwater contamination from the storage, handling and disposal of 354
pesticides at the locations where such person engaged in agriculture. 355
(3) For the purposes of this subsection, a pesticide is properly applied 356
if at the time of the application the pesticide was licensed by or 357
registered with the state and federal government and was applied in a 358
manner consistent with (A) the labeling of the pesticide, as defined in 359
section 22a-47, (B) applicable state and federal statutes and regulations 360
at the time of the application, (C) any approvals or recommendations of 361
the federal, state or local government, including any limitations, 362
warnings or conditions of such approvals or recommendations, and (D) 363
generally accepted agricultural management practices at the time of 364
application, considering any special geological, hydrological or soil 365
conditions of which the farmer was aware or reasonably should have 366
been aware. 367
(4) Any municipality which receives an order pursuant to 368
subdivision (1) of this subsection shall be eligible for a grant from the 369
state in accordance with subparagraph (1) of subsection (b) of this 370
section. 371
(5) The provisions of this subsection shall apply to pollution of the 372
groundwaters by pesticides discovered on or after May 26, 1988. All 373
orders issued pursuant to this section by the commissioner prior to May 374
26, 1988, shall remain in effect unless the orders are otherwise revoked, 375
amended or modified by said commissioner. 376
(6) Nothing in this subsection, section 22a-471a or section 22a-471b 377
shall affect or limit any right of action of an individual against any 378
person engaged in agriculture for injury to person or property resulting 379
from the use of a pesticide. 380
(7) For purposes of this subsection, "pesticide" has the same meaning 381
as provided in section 22a-47. 382 Raised Bill No. 456
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 22a-471
Statement of Purpose:
To ensure residents of the state have access to clean and safe well water.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]