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General Assembly Raised Bill No. 6977
January Session, 2025
LCO No. 4653
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING THE DEPARTMENT OF PUBLIC HEALTH'S
RECOMMENDATIONS REGARDING DRINKING WATER.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (e) of section 19a-88 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(e) (1) Each person holding a license or certificate issued under 4
section 19a-514, 20-65k, 20-74s, 20-185k, 20-185l, 20-195cc or 20-206ll and 5
chapters 370 to 373, inclusive, 375, 378 to 381a, inclusive, 383 to 383c, 6
inclusive, 383g, 384, 384a, 384b, 385, 393a, 395, 399 or 400a and section 7
20-206n or 20-206o shall, annually, or, in the case of a person holding a 8
license as a marital and family therapist associate under section 20-195c 9
on or before twenty-four months after the date of initial licensure, 10
during the month of such person's birth, apply for renewal of such 11
license or certificate to the Department of Public Health, giving such 12
person's name in full, such person's residence and business address and 13
such other information as the department requests. 14
(2) Each person holding a license or certificate issued under section 15
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19a-514, and chapters 384a, 384c, 384d, 386, 387, 388 and 398 shall apply 16
for renewal of such license or certificate once every two years, during 17
the month of such person's birth, giving such person's name in full, such 18
person's residence and business address and such other information as 19
the department requests. 20
(3) Each person holding a certificate issued under section 20-195ttt 21
shall apply for renewal of such certificate once every three years, during 22
the month of such person's birth, giving such person's name in full, such 23
person's residence and business address and such other information as 24
the department requests. 25
(4) Each person holding a license or certificate issued pursuant to 26
chapter 400c shall, annually, during the month of such person's birth, 27
apply for renewal of such license or certificate to the department. Each 28
lead training provider certified pursuant to chapter 400c and each 29
asbestos training provider certified pursuant to chapter 400a shall, 30
annually, during the anniversary month of such training provider's 31
initial certification, apply for renewal of such certificate to the 32
department. 33
(5) Each entity holding a license issued pursuant to section 20-475 34
shall, annually, during the anniversary month of initial licensure, apply 35
for renewal of such license or certificate to the department. 36
(6) Each person holding a license issued pursuant to section 20-162bb 37
shall, annually, during the month of such person's birth, apply for 38
renewal of such license to the Department of Public Health, upon 39
payment of a fee of three hundred twenty dollars, giving such person's 40
name in full, such person's residence and business address and such 41
other information as the department requests. 42
(7) Each person holding a license issued pursuant to section 20-278h 43
shall, once every two years during the anniversary month of initial 44
licensure, apply for renewal of such license to the department. 45
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Sec. 2. Subsection (a) of section 19a-35a of the general statutes is 46
repealed and the following is substituted in lieu thereof (Effective July 1, 47
2025): 48
(a) Notwithstanding the provisions of chapter 439 and sections 22a-49
430, as amended by this act, and 22a-430b, the Commissioner of Public 50
Health shall [, within available appropriations, pursuant to section 19a-51
36,] adopt regulations, in accordance with the provisions of chapter 54, 52
that establish and define categories of discharge that constitute 53
alternative on-site sewage treatment systems with capacities of [five] ten 54
thousand gallons or less per day. After the establishment of such 55
categories, said commissioner shall have jurisdiction, within available 56
appropriations, to issue or deny permits and approvals for such systems 57
and for all discharges of domestic sewage to the groundwaters of the 58
state from such systems. Said commissioner shall [, pursuant to section 59
19a-36, and within available appropriations,] adopt regulations, in 60
accordance with the provisions of chapter 54, that establish minimum 61
requirements for alternative on-site sewage treatment systems under 62
said commissioner's jurisdiction, including, but not limited to: (1) 63
Requirements related to activities that may occur on the property; (2) 64
changes that may occur to the property or to buildings on the property 65
that may affect the installation or operation of such systems; and (3) 66
procedures for the issuance of permits or approvals by said 67
commissioner, a local director of health or an environmental health 68
specialist licensed pursuant to chapter 395. The commissioner may issue 69
and update technical standards applicable to the design, installation, 70
engineering and operation of alternative on-site sewage disposal 71
systems. Such technical standards shall not be considered regulations, 72
as defined in section 4-166. The commissioner may implement policies 73
and procedures necessary to implement the provisions of this 74
subsection while in the process of adopting such policies and 75
procedures as regulations, provided notice of intent to adopt 76
regulations is published on the eRegulations System not later than 77
twenty days after the date of implementation of such policies and 78
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procedures. Policies and procedures implemented pursuant to this 79
subsection shall be valid until the time final regulations are adopted in 80
accordance with the provisions of chapter 54. A permit or approval 81
granted by said commissioner, such local director of health or such 82
environmental health specialist for an alternative on-site sewage 83
treatment system pursuant to this section shall: (A) Not be inconsistent 84
with the requirements of the federal Water Pollution Control Act, 33 85
USC 1251 et seq., the federal Safe Drinking Water Act, 42 USC 300f et 86
seq., and the standards of water quality adopted pursuant to section 87
22a-426, as such laws and standards may be amended from time to time, 88
(B) not be construed or deemed to be an approval for any other purpose, 89
including, but not limited to, any planning and zoning or municipal 90
inland wetlands and watercourses requirement, and (C) be in lieu of a 91
permit issued under section 22a-430, as amended by this act, or 22a-92
430b. For purposes of this section, "alternative on-site sewage treatment 93
system" means a sewage treatment system serving one or more 94
buildings on a single parcel of property that utilizes a method of 95
treatment other than a subsurface sewage disposal system and that 96
involves a discharge of domestic sewage to the groundwaters of the 97
state. 98
Sec. 3. Subsection (g) of section 22a-430 of the general statutes is 99
repealed and the following is substituted in lieu thereof (Effective July 1, 100
2025): 101
(g) The commissioner shall, by regulation adopted prior to October 1, 102
1977, establish and define categories of discharges that constitute 103
household and small commercial subsurface sewage disposal systems 104
for which the commissioner shall delegate to the Commissioner of 105
Public Health the authority to issue permits or approvals and to hold 106
public hearings in accordance with this section, on and after said date. 107
Not later than July 1, 2025, the commissioner shall amend such 108
regulations to establish and define categories of discharges that 109
constitute small community sewerage systems and household and small 110
commercial subsurface sewage disposal systems. The Commissioner of 111
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Public Health shall [, pursuant to section 19a-36,] adopt regulations, in 112
accordance with the provisions of chapter 54, to establish minimum 113
requirements for small community sewerage systems and household 114
and small commercial subsurface sewage disposal systems and 115
procedures for the issuance of such permits or approvals by the local 116
director of health or an environmental health specialist registered 117
pursuant to chapter 395. The commissioner shall issue and update 118
technical standards applicable to the design, installation, engineering 119
and operation of on-site sewage disposal systems under the jurisdiction 120
of the Department of Public Health. Such technical standards shall not 121
be considered regulations, as defined in section 4-166. The 122
commissioner may implement policies and procedures necessary to 123
implement the provisions of this subsection while in the process of 124
adopting such policies and procedures as regulations, provided notice 125
of intent to adopt regulations is published on the eRegulations System 126
not later than twenty days after the date of implementation of such 127
policies and procedures. Policies and procedures implemented 128
pursuant to this subsection shall be valid until the time final regulations 129
are adopted in accordance with the provisions of chapter 54. As used in 130
this subsection, small community sewerage systems and household and 131
small commercial disposal systems shall include those subsurface 132
sewage disposal systems with a capacity of ten thousand gallons per 133
day or less. Notwithstanding any provision of the general statutes (1) 134
the regulations adopted by the commissioner pursuant to this 135
subsection that are in effect as of July 1, 2017, shall apply to household 136
and small commercial subsurface sewage disposal systems with a 137
capacity of seven thousand five hundred gallons per day or less, and (2) 138
the regulations adopted by the commissioner pursuant to this 139
subsection that are in effect as of July 1, 2025, shall apply to small 140
community sewerage systems, household systems and small 141
commercial subsurface sewerage disposal systems with a capacity of ten 142
thousand gallons per day or less. Any permit denied by the 143
Commissioner of Public Health, or a director of health or registered 144
environmental health specialist shall be subject to hearing and appeal in 145
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the manner provided in section 19a-229. Any permit granted by the 146
Commissioner of Public Health, or a director of health or registered 147
environmental health specialist on or after October 1, 1977, shall be 148
deemed equivalent to a permit issued under subsection (b) of this 149
section. 150
Sec. 4. Subsection (b) of section 25-33 of the general statutes is 151
repealed and the following is substituted in lieu thereof (Effective from 152
passage): 153
(b) [No system of water supply owned or used by a water company 154
shall be constructed or expanded or a new additional source of water 155
supply utilized until the plans therefor have been submitted to and 156
reviewed and approved by the department, except that no such prior 157
review or approval is required for distribution water main installations 158
that are constructed in accordance with sound engineering standards 159
and all applicable laws and regulations. A plan for any proposed new 160
source of water supply submitted to the department pursuant to this 161
subsection shall include documentation that provides for: (1) A brief 162
description of potential effects that the proposed new source of water 163
supply may have on nearby water supply systems including public and 164
private wells; and (2) the water company's ownership or control of the 165
proposed new source of water supply's sanitary radius and minimum 166
setback requirements as specified in the regulations of Connecticut state 167
agencies and that such ownership or control shall continue to be 168
maintained as specified in such regulations.] No public water system, as 169
defined in section 25-33d, or individual, partnership, association, 170
corporation, municipality or other entity or lessee of a public water 171
system shall construct, expand or utilize any system that provides water 172
for drinking from a water supply source, as defined in section 25-32, 173
except a private well, as defined in section 19a-37, unless approved by 174
the department in accordance with the provisions of this subsection and 175
upon a showing that the public water system shall comply with all the 176
applicable requirements of this chapter and the regulations of 177
Connecticut state agencies. Before granting approval to construct, 178
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expand or utilize any such system, the department shall require an 179
applicant to submit to the department for approval a plan of such public 180
water system that includes, but need not be limited to, the location of 181
the system, the location of any disposal system or other source of 182
pollution on the property on which such system is located and the 183
proposed sanitary radius as set forth in the regulations of Connecticut 184
state agencies, any potential effects such system may have on any 185
nearby water supply sources and documentation demonstrating an 186
applicant's ownership or control of such system and the proposed 187
sanitary radius. If the department determines, based upon investigation, 188
inspection or documentation provided, [that the water company] an 189
applicant does not own or control the proposed [new source of water 190
supply's] sanitary radius of the well, [or minimum setback requirements 191
as specified in the regulations of Connecticut state agencies,] the 192
department shall require the [water company proposing a new source 193
of water supply] applicant to [supply] submit additional documentation 194
to the department that adequately demonstrates the alternative 195
methods that will be utilized to [assure] ensure the proposed [new 196
source of water supply's] water supply source's long-term purity and 197
adequacy. In reviewing any plan [for a proposed new source of water 198
supply] or application, the department [shall consider the issues 199
specified in this subsection] may conduct an investigation and 200
inspection for compliance with the provisions of this subsection and any 201
regulations adopted pursuant to this subsection. A proposed public 202
water system approved pursuant to this subsection shall be used, 203
constructed or expanded in accordance with the approval issued by the 204
department unless the department has issued prior written approval of 205
any changes. The Commissioner of Public Health may adopt 206
regulations, in accordance with the provisions of chapter 54, to carry out 207
the provisions of this subsection and subsection (c) of this section. Such 208
regulations shall include (1) procedures and requirements for granting 209
approval for the construction, expansion or utilization of a public water 210
system, (2) requirements for the content and procedures for submitting 211
applications pursuant to the provisions of this subsection, (3) 212
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department inspections prior to and after an application is submitted or 213
approved, (4) water quality testing, monitoring and treatment methods 214
to ensure the purity and adequacy of drinking water, (5) requirements 215
for construction of the public water system, (6) location restrictions of a 216
public water system and minimum setback requirements for disposal 217
sources or other sources of pollution, and (7) any other requirements 218
necessary to ensure the purity and adequacy of the drinking water of 219
the proposed public water system. No approval shall be required for 220
distribution water main installations that are constructed in accordance 221
with sound engineering standards and all applicable laws and 222
regulations. For purposes of this subsection and subsection (c) of this 223
section, "distribution water main installations" means installations, 224
extensions, replacements or repairs of public water supply system 225
mains from which water is or will be delivered to one or more service 226
connections and which do not require construction or expansion of 227
pumping stations, storage facilities, treatment facilities or sources of 228
supply. Notwithstanding the provisions of this subsection, the 229
department may approve any location of a replacement public well, if 230
such replacement public well is (A) necessary for the water company to 231
maintain and provide to its consumers a safe and adequate water 232
supply, (B) located in an aquifer of adequate water quality determined 233
by historical water quality data from the source of water supply it is 234
replacing, and (C) in a more protected location when compared to the 235
source of water supply it is replacing, as determined by the department. 236
For purposes of this subsection, "replacement public well" means a 237
public well that (i) replaces an existing public well, and (ii) does not 238
meet the sanitary radius and minimum setback requirements as 239
specified in the regulations of Connecticut state agencies. 240
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 19a-88(e)
Sec. 2 July 1, 2025 19a-35a(a)
Sec. 3 July 1, 2025 22a-430(g)
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Sec. 4 from passage 25-33(b)
Statement of Purpose:
To implement the recommendations of the Department of Public Health
regarding drinking water, including (1) providing for biennial license
renewal for bulk water haulers, (2) allowing the department to adopt
policies and procedures while in the process of adopting regulations
concerning subsurface sewage disposal systems with a ten thousand
gallon capacity, and (3) revising certain application requirements
relating to the construction, expansion or utilization of new water
supply sources.
[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.]