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Connecticut Senate Bill SB00456

Connecticut 2022 Regular Session

Connecticut Senate Bill SB00456 Compare Versions

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7-General Assembly Substitute Bill No. 456
4+LCO No. 3390 1 of 13
5+
6+General Assembly Raised Bill No. 456
87 February Session, 2022
8+LCO No. 3390
99
10+
11+Referred to Committee on PUBLIC HEALTH
12+
13+
14+Introduced by:
15+(PH)
1016
1117
1218
1319
1420 AN ACT CONCERNING CLEAN AND SAFE WELL WATER.
1521 Be it enacted by the Senate and House of Representatives in General
1622 Assembly convened:
1723
18-Section 1. Subdivision (1) of subsection (a) of section 22a-471 of the 1
19-general statutes is repealed and the following is substituted in lieu 2
20-thereof (Effective October 1, 2022): 3
21-(a) (1) If the Commissioner of Energy and Environmental Protection 4
22-determines that pollution of the groundwaters has occurred or can 5
23-reasonably be expected to occur and the Commissioner of Public Health 6
24-determines that the extent of pollution creates or can reasonably be 7
25-expected to create an unacceptable risk of injury to the health or safety 8
26-of persons using such groundwaters as a public or private source of 9
27-water for drinking or other personal or domestic uses, the 10
28-Commissioner of Energy and Environmental Protection may issue an 11
29-order to the person or municipality responsible for such pollution 12
30-requiring that potable drinking water be provided to all persons affected 13
31-by such pollution, including, but not limited to, through the repair or 14
32-replacement of a private well contaminated by such pollution, as 15
33-deemed necessary by the commissioner. In determining if pollution 16
34-creates an unacceptable risk of injury, the Commissioner of Public 17
35-Health shall balance all relevant and substantive facts and inferences 18
36-and shall not be limited to a consideration of available statistical analysis 19 Substitute Bill No. 456
24+Section 1. Section 22a-471 of the general statutes is repealed and the 1
25+following is substituted in lieu thereof (Effective October 1, 2022): 2
26+(a) (1) If the Commissioner of Energy and Environmental Protection 3
27+determines that pollution of the groundwaters has occurred or can 4
28+reasonably be expected to occur and the Commissioner of Public Health 5
29+determines that the extent of pollution creates or can reasonably be 6
30+expected to create an unacceptable risk of injury to the health or safety 7
31+of persons using such groundwaters as a public or private source of 8
32+water for drinking or other personal or domestic uses, the 9
33+Commissioner of Energy and Environmental Protection may issue an 10
34+order to the person or municipality responsible for such pollution 11
35+requiring that (A) potable drinking water be provided to all persons 12
36+affected by such pollution, or (B) the person or municipality repair or 13
37+replace, as necessary, any private well, as defined in section 19a-37, that 14
38+requires repair or replacement as a result of contamination of the private 15
39+well by such pollution. In determining if pollution creates an 16 Raised Bill No. 456
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43-but shall consider all of the evidence presented and any factor related to 20
44-human health risks. If the Commissioner of Energy and Environmental 21
43+LCO No. 3390 2 of 13
44+
45+unacceptable risk of injury, the Commissioner of Public Health shall 17
46+balance all relevant and substantive facts and inferences and shall not 18
47+be limited to a consideration of available statistical analysis but shall 19
48+consider all of the evidence presented and any factor related to human 20
49+health risks. If the Commissioner of Energy and Environmental 21
4550 Protection finds that more than one person or municipality is 22
4651 responsible for such pollution, the commissioner shall attempt to 23
4752 apportion responsibility if the commissioner determines that 24
4853 apportionment is appropriate. If the commissioner does not apportion 25
4954 responsibility, all persons and municipalities responsible for the 26
5055 pollution of the groundwaters shall be jointly and severally responsible 27
51-for the providing of potable drinking water to persons affected by such 28
52-pollution. If the commissioner determines that the state or an agency or 29
53-department of the state is responsible in whole or in part for the 30
54-pollution of the groundwaters, such agency or department shall prepare 31
55-or arrange for the preparation of an engineering report and [shall] 32
56-provide or arrange for the provision of a long-term potable drinking 33
57-water supply. If the commissioner is unable to determine the person or 34
58-municipality responsible or if the commissioner determines that the 35
59-responsible persons have no assets other than land, buildings, business 36
60-machinery or livestock and are unable to secure a loan at a reasonable 37
61-rate of interest to provide potable drinking water, the commissioner 38
62-may prepare or arrange for the preparation of an engineering report and 39
63-provide or arrange for the provision of a long-term potable drinking 40
64-water supply or the commissioner may issue an order to the 41
65-municipality wherein groundwaters unusable for potable drinking 42
66-water are located requiring that short-term provision of potable 43
67-drinking water be made to those existing residential buildings and 44
68-elementary and secondary schools affected by such pollution and that 45
69-long-term provision of potable drinking water be made to all persons 46
70-affected by such pollution. For purposes of this section, "residential 47
71-building" means any house, apartment, trailer, mobile manufactured 48
72-home or other structure occupied by individuals as a dwelling, except a 49
73-non-owner-occupied hotel or motel or a correctional institution. 50
56+for the (i) providing of potable drinking water to persons affected by 28
57+such pollution, or (ii) repair or replacement, as necessary, any private 29
58+well, as defined in section 19a-37, that requires repair or replacement as 30
59+a result of contamination of the private well by such pollution. If the 31
60+commissioner determines that the state or an agency or department of 32
61+the state is responsible in whole or in part for the pollution of the 33
62+groundwaters, such agency or department shall prepare or arrange for 34
63+the preparation of an engineering report, [and shall] provide or arrange 35
64+for the provision of a long-term potable drinking water supply and 36
65+repair or replace, as necessary, any private well, as defined in section 37
66+19a-37, that requires repair or replacement as a result of contamination 38
67+of the private well by such pollution. If the commissioner is unable to 39
68+determine the person or municipality responsible or if the commissioner 40
69+determines that the responsible persons have no assets other than land, 41
70+buildings, business machinery or livestock and are unable to secure a 42
71+loan at a reasonable rate of interest to provide potable drinking water or 43
72+to repair or replace any private well contaminated by such pollution, the 44
73+commissioner may prepare or arrange for the preparation of an 45
74+engineering report and provide or arrange for the provision of a long-46
75+term potable drinking water supply and, where necessary, the repair or 47
76+replacement of a private well contaminated by such pollution or the 48
77+commissioner may issue an order to the municipality wherein 49
78+groundwaters unusable for potable drinking water are located requiring 50
79+that short-term provision of potable drinking water be made to those 51 Raised Bill No. 456
80+
81+
82+
83+LCO No. 3390 3 of 13
84+
85+existing residential buildings and elementary and secondary schools 52
86+affected by such pollution and that long-term provision of potable 53
87+drinking water be made to all persons affected by such pollution and, 54
88+where necessary, repair or replacement of a private well contaminated 55
89+by such pollution be conducted. For purposes of this section, "residential 56
90+building" means any house, apartment, trailer, mobile manufactured 57
91+home or other structure occupied by individuals as a dwelling, except a 58
92+non-owner-occupied hotel or motel or a correctional institution. 59
93+(2) Any order issued pursuant to this section may require the 60
94+provision of potable drinking water in such quantities as the 61
95+commissioner determines are necessary for drinking and other personal 62
96+and domestic uses and may require the maintenance and monitoring of 63
97+potable water supply facilities for any period which the commissioner 64
98+determines is necessary. In making such determinations, the 65
99+commissioner shall consider the short-term and long-term needs for 66
100+potable drinking water and the health and safety of those persons whose 67
101+water supply is unusable. Any order may require the submission of an 68
102+engineering report which shall be subject to the approval of the 69
103+commissioner and the Commissioner of Public Health and include, but 70
104+not be limited to, a description in detail of the problem, area and 71
105+population affected by pollution of the groundwaters; the expected 72
106+duration of and extent of the pollution; alternate solutions including 73
107+relative cost of construction or installation, operation and maintenance; 74
108+design criteria on all alternate solutions; and any other information 75
109+which the commissioner deems necessary. Upon review of such report, 76
110+the commissioner and the Commissioner of Public Health shall consider 77
111+the nature of the pollution, the expected duration and extent of the 78
112+pollution, the health and safety of the persons affected, the initial and 79
113+ongoing cost-effectiveness and reliability of each alternative and any 80
114+other factors which they deem relevant, and shall approve a system or 81
115+method to provide potable drinking water pursuant to the order. Each 82
116+order shall include a time schedule for the accomplishment of the steps 83
117+leading to the provision of potable drinking water. Notwithstanding the 84
118+fact that a responsible party has been or may be identified or a request 85 Raised Bill No. 456
119+
120+
121+
122+LCO No. 3390 4 of 13
123+
124+for a hearing on or a pending appeal from an order issued pursuant to 86
125+this section, when pollution of the groundwaters has occurred or may 87
126+reasonably be expected to occur, the commissioner may prepare or 88
127+arrange for the preparation of an engineering report as described in this 89
128+subdivision and may provide or arrange for the provision of a long-term 90
129+potable drinking water supply. In any case where the state or an agency 91
130+or department of the state is responsible in whole or in part for the 92
131+pollution of the groundwaters, such agency or department shall prepare 93
132+or arrange for the preparation of an engineering report and shall 94
133+provide or arrange for the provision of a long-term potable drinking 95
134+water supply, and if the state is not the sole responsible party, the 96
135+commissioner shall seek reimbursement under subdivision (4) of 97
136+subsection (b) of this section for the costs of such report and for the 98
137+provision of potable water. The cost of the report and of the provision 99
138+of a long-term potable drinking water supply, as funds allow, shall be 100
139+paid from the proceeds of any bonds authorized for the provision of 101
140+potable drinking water. 102
141+(3) The provisions of this section shall not affect the rights of any 103
142+municipality to institute suit to recover all damages, expenses and costs 104
143+incurred by the municipality from any responsible party, including, but 105
144+not limited to, the costs specified in subparagraph (B)(i) and (ii) of 106
145+subdivision (4) of subsection (b) of this section and, in the case of any 107
146+municipality which is not responsible for the pollution of the 108
147+groundwaters, the additional amounts specified in subparagraph (B)(iii) 109
148+and (iv) of subdivision (4) of subsection (b) of this section. 110
149+(4) No provision of this section shall limit the liability of any person 111
150+who or municipality which renders the groundwaters unusable for 112
151+potable drinking water from a suit for damages by a person who or 113
152+municipality which relied on said groundwaters for potable drinking 114
153+water prior to the determination by the commissioner that the 115
154+groundwaters are polluted. 116
155+(5) The commissioner may issue any order pursuant to this section if 117
156+the pollution of the groundwaters occurred before or after July 1, 1982. 118 Raised Bill No. 456
157+
158+
159+
160+LCO No. 3390 5 of 13
161+
162+(6) The commissioner may at any time require further action by any 119
163+person to whom or municipality to which an order is issued pursuant 120
164+to this section, including, but not limited to, the repair or replacement of 121
165+a private well, if the commissioner determines that such action is 122
166+necessary to protect the health and safety of those persons whose water 123
167+supply was rendered unusable. 124
168+(b) (1) (A) Any municipality not responsible for the pollution of the 125
169+groundwaters that is ordered to provide potable drinking water or to 126
170+repair or replace a private well in accordance with subsection (a) of this 127
171+section may apply to the commissioner for a grant as provided by this 128
172+subsection. Except as provided in subparagraph (C) of subdivision (1) 129
173+of this subsection and in subdivision (2) of this subsection, the 130
174+commissioner shall make grants for the short-term provision of potable 131
175+drinking water, the repair or replacement of a private well and the 132
176+construction or installation of individual wells or individual water 133
177+treatment systems, including, but not limited to, carbon absorption 134
178+filters and shall make grants for other capital improvements for the 135
179+long-term provision of potable drinking water from any bond 136
180+authorization established for that purpose. 137
181+(B) The amount distributed to a municipality shall, as funds allow, 138
182+equal one hundred per cent of the cost of short-term provision of potable 139
183+drinking water and the repair or replacement of a private well, one 140
184+hundred per cent of the cost of the engineering report required by this 141
185+section, one hundred per cent of the cost of capital improvements for the 142
186+most cost-effective long-term method of providing potable drinking 143
187+water as determined by the commissioner and the Commissioner of 144
188+Public Health upon consideration of such engineering report, and one 145
189+hundred per cent of the cost during the first five years of installation of 146
190+monitoring and maintaining individual water treatment systems and 147
191+monitoring drinking water wells located in an area where the 148
192+commissioner determines that pollution of the groundwater is 149
193+reasonably likely to occur. No state funds shall be distributed to a 150
194+municipality for the cost of operating or maintaining any potable water 151
195+supply facilities other than as specified in this subsection. 152 Raised Bill No. 456
196+
197+
198+
199+LCO No. 3390 6 of 13
200+
201+(C) Notwithstanding any provision of this subsection to the contrary, 153
202+the commissioner may advance to a municipality, from the proceeds of 154
203+any bonds authorized for the provision of potable drinking water, any 155
204+percentage of the cost of short-term and long-term provision of potable 156
205+drinking water and repair or replacement of private well that the 157
206+commissioner deems necessary. 158
207+(2) (A) If the commissioner is unable to determine the person or 159
208+municipality responsible for rendering the groundwaters unusable for 160
209+potable drinking water or if the commissioner determines that the 161
210+responsible persons have no assets other than land, buildings, business 162
211+machinery or livestock and are unable to secure a loan at a reasonable 163
212+rate of interest to provide potable drinking water, a water company that 164
213+has less than ten thousand customers and that owns, maintains, 165
214+operates, manages, controls or employs a water supply well that is 166
215+rendered unusable for potable drinking water, may apply to the 167
216+commissioner for a grant from funds established pursuant to section 168
217+22a-451 or from the proceeds of any bonds authorized for the provision 169
218+of potable drinking water. If, upon review of the engineering report 170
219+required by this subsection to be submitted with an application for such 171
220+a grant, the commissioner determines that a grant to a water company 172
221+from available appropriations or from the proceeds of any bonds 173
222+authorized for the provision of potable drinking water is appropriate, 174
223+the commissioner may make such a grant in accordance with 175
224+regulations adopted by the commissioner pursuant to subsection (e) of 176
225+this section. 177
226+(B) The total amount distributed to a water company pursuant to this 178
227+subsection shall, as funds allow, equal fifty per cent of the cost of the 179
228+engineering report required by this subsection and fifty per cent of the 180
229+cost of the most cost-effective long-term method of rendering the water 181
230+supply in question usable for potable drinking water, as determined by 182
231+the commissioner and the Commissioner of Public Health upon 183
232+consideration of the required engineering report. 184
233+(C) For purposes of this section, "water company" and "customer" 185 Raised Bill No. 456
234+
235+
236+
237+LCO No. 3390 7 of 13
238+
239+have the same meanings as provided in section 25-32a. 186
240+(D) Any water company applying for a grant pursuant to this section 187
241+shall prepare or have prepared an engineering report that shall be 188
242+subject to the approval of the commissioner and the Commissioner of 189
243+Public Health and include, but not be limited to, a description in detail 190
244+of the problem, area and population affected by pollution of the 191
245+groundwaters; alternate solutions including relative cost of construction 192
246+or installation, operation and maintenance; design criteria on all 193
247+alternate solutions and any other information the commissioner deems 194
248+necessary. 195
249+(3) (A) If a municipality or water company receives funding from a 196
250+private source, a federal grant or another state grant for any cost for 197
251+which a grant may be awarded pursuant to this section, the grant under 198
252+this section shall equal the specified percentage of the costs specified in 199
253+this subsection minus the amount of the other funding. 200
254+(B) If a municipality or water company receives a grant under this 201
255+section and is compensated by a person who or municipality that is 202
256+responsible for rendering the groundwaters unusable for potable 203
257+drinking water, the municipality or water company shall reimburse the 204
258+account from which the funds were made available for the grant as 205
259+follows: If the compensation from the responsible party equals or 206
260+exceeds the costs toward which the grant was to be applied, the 207
261+municipality or water company shall reimburse the total amount of the 208
262+grant; if the compensation is less than the cost toward which the grant 209
263+was to be applied, the municipality or water company shall reimburse a 210
264+percentage of the compensation equal to the percentage of such costs 211
265+paid by the grant. 212
266+(4) (A) Notwithstanding any request for a hearing or a pending 213
267+appeal therefrom, if a person or municipality responsible for pollution 214
268+of the groundwaters fails to comply with an order of the commissioner 215
269+issued pursuant to this section, the municipality wherein such pollution 216
270+is located may, after giving written notice of its intent to the 217 Raised Bill No. 456
271+
272+
273+
274+LCO No. 3390 8 of 13
275+
276+commissioner and the responsible person or municipality, undertake 218
277+the actions required by the order and seek reimbursement for the cost 219
278+of such actions from the responsible person or municipality. If at any 220
279+time after receipt of such a notice, the responsible party intends to 221
280+comply with a step of the order that the municipality has not yet 222
281+completed, the responsible party may do so with the written approval 223
282+of the commissioner and municipality, provided the actions that the 224
283+responsible party takes are consistent with those taken by the 225
284+municipality. 226
285+(B) The commissioner may order any person or municipality 227
286+responsible for pollution of the groundwaters to reimburse the state, a 228
287+water company, and any municipality that is not responsible for 229
288+pollution but received an order pursuant to this section or that did not 230
289+receive such an order but voluntarily provided potable drinking water 231
290+or repaired or replaced a private well, for (i) the expenses each incurred 232
291+in providing potable drinking water to or repairing or replacing a 233
292+private well of any person affected by such pollution, provided the 234
293+required reimbursement for such expenses shall not exceed the actual 235
294+cost of short-term provision of potable drinking water or of the repair 236
295+or replacement of the private well and an amount equal to the 237
296+reasonable cost of planning and implementing the most cost-effective 238
297+long-term method of providing potable drinking water as determined 239
298+by the commissioner and the Commissioner of Public Health; (ii) costs 240
299+for recovering such reimbursement; (iii) interest on the expenses 241
300+specified in (i) at a rate of ten per cent a year from the date such expenses 242
301+were paid; and (iv) reasonable attorney's fees. The commissioner may 243
302+request the Attorney General to bring a civil action to recover any costs 244
303+or expenses incurred by the commissioner pursuant to this subsection 245
304+provided no such action may be brought later than ten years after the 246
305+date of discovery of the pollution of public or private sources of water 247
306+for drinking or other personal or domestic use. 248
307+(C) If a municipality fails to recover all expenses specified in 249
308+subparagraph (B)(i) of subdivision (4) of this subsection from the 250
309+responsible party, the municipality may apply to the commissioner for 251 Raised Bill No. 456
310+
311+
312+
313+LCO No. 3390 9 of 13
314+
315+a grant in accordance with this subsection, provided the total amount of 252
316+funds received from the commissioner and the responsible party shall 253
317+not exceed the amounts specified in subparagraph (B) of subdivision (1) 254
318+of subsection (b) of this section. 255
319+(5) For purposes of this section except subdivision (3) of subsection 256
320+(a) and subparagraph (B)(ii) of subdivision (4) of this subsection, "cost" 257
321+includes only those costs that the commissioner determines are 258
322+necessary and reasonable, including, but not limited to, the cost of plans 259
323+and specifications, construction or installation and supervision thereof. 260
324+(6) If any grant application is pending on June 7, 1994, and is 261
325+approved by the commissioner, the percentage of costs to be paid by the 262
326+grant shall be determined in accordance with this section. Any order 263
327+pending on May 31, 1985, shall be construed in accordance with this 264
328+section. 265
329+(7) Any person who or municipality that provides potable drinking 266
330+water pursuant to this section may, with the approval of the 267
331+commissioner, construct or install facilities beyond the areas included in 268
332+the order or facilities that are more costly than those that are determined 269
333+to be most cost-effective, provided any request for a grant or 270
334+reimbursement shall be limited to the amounts specified in this section. 271
335+(8) Notwithstanding any provision of this section and the cost-272
336+sharing formula established in section 22a-471-1 of the Regulations of 273
337+Connecticut State Agencies, for any area of a municipality that is 274
338+adjacent to a federal Superfund site where there is a water line extension 275
339+component to such project and the federal government is providing fire 276
340+flow capacity while such water is groundwater supplied by a municipal 277
341+water company, the minimum size water main required to address 278
342+pollution may be upgraded in order to carry fire flow and the 279
343+municipality shall only be responsible to pay the incremental project 280
344+cost. 281
345+(9) Notwithstanding any provision of this section and the cost sharing 282
346+formula established in section 22a-471-1 of the regulations of 283 Raised Bill No. 456
347+
348+
349+
350+LCO No. 3390 10 of 13
351+
352+Connecticut state agencies, for any area of a municipality that is adjacent 284
353+to a site listed on the State of Connecticut Superfund Priority List where 285
354+a water line extension component to such project has been installed by 286
355+a municipal or private water company, the minimum size water main 287
356+required to address pollution may be upgraded in order to carry fire 288
357+flow or address public water supply needs that are consistent with an 289
358+adopted plan of conservation and development and the municipality 290
359+shall only be responsible to pay the incremental project cost, which may 291
360+be funded by such water company, another person or available local, 292
361+state or federal funds. 293
362+(c) Any order issued under the provisions of this section shall be 294
363+subject to the rights of any aggrieved person or municipality to a hearing 295
364+before the commissioner as provided in section 22a-436, and appeal 296
365+from the final determination of the commissioner to the Superior Court 297
366+as provided in section 22a-437. The request for a hearing or pending 298
367+appeal therefrom shall not constitute a condition which shall stay the 299
368+commissioner from requesting that an injunction under the provisions 300
369+of section 22a-6 or 22a-435, or a civil action to recover a forfeiture under 301
370+the provisions of section 22a-438, be initiated by the Attorney General. 302
371+The court shall issue an injunction requiring the recipient of the order to 303
372+take the steps required by the order for short-term and long-term 304
373+provision of potable drinking water unless such court determines that 305
374+the issuance of the order was arbitrary. Notwithstanding any provision 306
375+of the general statutes, a court shall not grant a stay from any order 307
376+issued pursuant to this section on the grounds that an administrative 308
377+appeal is pending. If it is thereafter determined by the Superior Court as 309
378+the result of an appeal under the provisions of section 22a-437 that the 310
379+commissioner acted arbitrarily, unreasonably or contrary to law in 311
380+requiring a person or municipality to comply with an order the 312
381+commissioner shall reimburse the person or municipality for the total 313
382+costs which have been incurred from the funds established under 314
383+section 22a-446. 315
384+(d) The commissioner shall not issue an order to any person pursuant 316
385+to this section if the sole basis for the order is that such person is the 317 Raised Bill No. 456
386+
387+
388+
389+LCO No. 3390 11 of 13
390+
391+owner of the land from which the source of pollution or potential source 318
392+of pollution emanates. 319
393+(e) The commissioner may, in accordance with chapter 54, adopt such 320
394+regulations as the commissioner deems necessary to carry out the 321
395+provisions of this section, and shall adopt regulations for the provision 322
396+of grants pursuant to this section which shall include criteria for 323
397+eligibility for funds. 324
398+(f) (1) Notwithstanding the provisions of subsection (a) of this section, 325
399+if the commissioner determines that a person whose actions have caused 326
400+or can reasonably be expected to cause pollution of the groundwaters 327
401+by the application of a pesticide (A) has properly applied the pesticide 328
402+or arranged for a pesticide application which was properly performed, 329
403+(B) was engaged in agriculture at the time the pesticide was applied and 330
404+used the pesticide solely in the production of agricultural commodities, 331
405+(C) has agreed to implement the plans specified in subdivision (2) of this 332
406+subsection, and (D) maintained the records of the application of the 333
407+pesticide as required by section 22a-58 and the records and plan 334
408+identified in section 22a-471a, the commissioner shall not issue an order 335
409+under subsection (a) of this section to the person engaged in agriculture, 336
410+but may issue an order under said subsection (a) to another responsible 337
411+person, including, but not limited to, the producer of the pesticide, 338
412+requiring the short-term and long-term provision of potable drinking 339
413+water in accordance with said subsection (a). The commissioner shall 340
414+not issue an order under said subsection (a) to a person engaged in 341
415+agriculture who did not maintain the records identified under section 342
416+22a-471a if said commissioner finds such records are not relevant to a 343
417+determination of the party responsible for pollution of the 344
418+groundwaters. If the commissioner is unable to determine the 345
419+responsible person, the commissioner may issue such order to the 346
420+municipality wherein groundwaters unusable for potable drinking 347
421+water are located. 348
422+(2) If the commissioner determines that a person engaged in 349
423+agriculture has caused or can reasonably be expected to cause pollution 350 Raised Bill No. 456
424+
425+
426+
427+LCO No. 3390 12 of 13
428+
429+of the groundwaters by pesticides, the commissioner may cause such 351
430+person to submit to the commissioner and, upon approval by the 352
431+commissioner, implement a plan to minimize the potential for 353
432+groundwater contamination from the storage, handling and disposal of 354
433+pesticides at the locations where such person engaged in agriculture. 355
434+(3) For the purposes of this subsection, a pesticide is properly applied 356
435+if at the time of the application the pesticide was licensed by or 357
436+registered with the state and federal government and was applied in a 358
437+manner consistent with (A) the labeling of the pesticide, as defined in 359
438+section 22a-47, (B) applicable state and federal statutes and regulations 360
439+at the time of the application, (C) any approvals or recommendations of 361
440+the federal, state or local government, including any limitations, 362
441+warnings or conditions of such approvals or recommendations, and (D) 363
442+generally accepted agricultural management practices at the time of 364
443+application, considering any special geological, hydrological or soil 365
444+conditions of which the farmer was aware or reasonably should have 366
445+been aware. 367
446+(4) Any municipality which receives an order pursuant to 368
447+subdivision (1) of this subsection shall be eligible for a grant from the 369
448+state in accordance with subparagraph (1) of subsection (b) of this 370
449+section. 371
450+(5) The provisions of this subsection shall apply to pollution of the 372
451+groundwaters by pesticides discovered on or after May 26, 1988. All 373
452+orders issued pursuant to this section by the commissioner prior to May 374
453+26, 1988, shall remain in effect unless the orders are otherwise revoked, 375
454+amended or modified by said commissioner. 376
455+(6) Nothing in this subsection, section 22a-471a or section 22a-471b 377
456+shall affect or limit any right of action of an individual against any 378
457+person engaged in agriculture for injury to person or property resulting 379
458+from the use of a pesticide. 380
459+(7) For purposes of this subsection, "pesticide" has the same meaning 381
460+as provided in section 22a-47. 382 Raised Bill No. 456
461+
462+
463+
464+LCO No. 3390 13 of 13
465+
74466 This act shall take effect as follows and shall amend the following
75467 sections:
76- Substitute Bill No. 456
77468
469+Section 1 October 1, 2022 22a-471
78470
79-LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2022SB-00456-
80-R01-SB.docx }
81-3 of 3
82-
83-Section 1 October 1, 2022 22a-471(a)(1)
84-
85-PH Joint Favorable Subst.
471+Statement of Purpose:
472+To ensure residents of the state have access to clean and safe well water.
473+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
474+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
475+underlined.]
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