[HISTORY: Adopted by the Town of Bethel as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Wetlands — See Ch. 115.
[Adopted by the Board of Selectman 4-20-2004]
There is hereby established an Aquifer Protection
Agency pursuant to Connecticut General Statute § 22a-354o
for the purpose of regulating the use of and protecting the Town of
Bethel's aquifer areas.
In accordance with the provisions of § 22a-354
et seq. of the Connecticut General Statutes, the Inland Wetlands Commission
is hereby designated as the Aquifer Protection Agency (hereinafter
"APA") of the Town of Bethel.
A.
Permanent members. Members of the Inland Wetlands
Commission shall serve coexisting terms on the APA. The membership
requirements of the APA shall be the same as those of the Inland Wetlands
Commission, including but not limited to the number of members, terms,
method of selection and removal, and filling vacancies.
B.
Staff. The staff of Bethel's Land Use Office and the
Town Engineer shall serve as the staff of the APA.
C.
Required technical training. At least one member of
the APA or staff of the APA shall complete the course in technical
training formulated by the Commissioner of Environmental Protection
of the State of Connecticut, pursuant to § 22a-354v of the
Connecticut General Statutes.
The APA shall adopt regulations in accordance
with § 22a-354p of the Connecticut General Statutes to implement
this chapter.
The regulations to be promulgated by the APA
shall provide for the following:
A.
The manner in which boundaries of aquifer protection
areas shall be established, amended or changed.
B.
Procedures for the regulation of activity within the
area.
C.
The form for an application to conduct regulated activities
within the area.
D.
Criteria and procedures for the review of applications.
E.
Administration and enforcement.
[Adopted by the Inland Wetlands Agency 12-12-2011]
A.
Aquifers are an essential natural resource and a major source of
public drinking water for the State of Connecticut. Use of groundwater
will increase as the population grows and opportunities for new surface
water supplies diminish due to the rising cost of land and increasingly
intense development. At the same time, numerous drinking water wells
have been contaminated by certain land use activities, and others
are now threatened. To address this problem, Connecticut has established
the Aquifer Protection Area Program (Connecticut General Statutes §§ 22a-354a
to 22a-354bb) to identify critical water supply aquifers and to protect
them from pollution by managing land use. Protection requires coordinated
responsibilities shared by the state, municipality and water companies
to ensure a plentiful supply of public drinking water for present
and future generations. It is therefore the purpose of these regulations
to protect aquifer protection areas within the Town of Bethel by making
provisions for:
(1)
Implementing regulations consistent with state regulations and An
Act Concerning Aquifer Protection Areas, Connecticut General Statutes
§§ 22a-354a to 22a-354bb ("the Act");
(2)
Delineating aquifer protection areas on the Town of Bethel Zoning
Map; regulating land use activity within the aquifer protection area,
including prohibiting certain new activities, registering existing
regulated activities, and issuing permits for new regulated activities
at registered facilities; and
(3)
Administering and enforcing these regulations.
B.
These regulations shall be known as the Aquifer Protection Area Regulations
(the "APA Regulations") of the Town of Bethel.
C.
These regulations were adopted and may be amended, from time to time,
in accordance with the provisions of § 22a-354p of An Act
Concerning Aquifer Protection Areas, the Connecticut General Statutes
§§ 22a-354a to 22a-354bb and the Regulations of Connecticut
State Agencies §§ 22a-354i-1 through 22a-354i-10.
D.
The Inland Wetlands Commission of the Town of Bethel is established
as the Aquifer Protection Agency (the "Agency") in accordance with
the "Ordinance for the Establishment of an Aquifer Protection Agency"
(the "APA Ordinance"), effective April 20, 2004,[1] and shall implement the purposes and provisions of the
APA Ordinance and the Act.
E.
The Agency shall administer all provisions of the Act and shall approve
or deny registrations, issue permits, issue permits with terms, conditions,
limitations or modifications, or deny permits for all regulated activities
in aquifer protection areas in the Town of Bethel pursuant to the
Act.
As used in this article, the following definitions apply:
"Affected water company" as defined in § 22a-354h
of the Connecticut General Statutes.
The board or commission authorized by the municipality under
§ 22a-354o of the Connecticut General Statutes.
"Agriculture" as defined in the § 1-1(q) of the
Connecticut General Statutes.
As appropriate in context, a person who applies for an exemption under § 22a-354i-6 of the Regulations of Connecticut State Agencies, a permit under § 22a-354i-8 of the Regulations of Connecticut State Agencies or a permit under § 116-14 of the APA Regulations.
As appropriate in context, an application for an exemption under § 22a-354i-6 of the Regulations of Connecticut State Agencies, an application for a permit under § 22a-354i-8 of the Regulations of Connecticut State Agencies or an application for a permit under § 116-14 of the APA Regulations.
"Aquifer protection area" as defined in § 22a-354h
of the Connecticut General Statutes and any extension of such area
approved by the Commissioner pursuant to § 22a-354i-4 of
the Regulations of Connecticut State Agencies.
"Area of contribution" as defined in § 22a-354h
of the Connecticut General Statutes and as mapped in accordance with
§ 22a-354b-1 of the Regulations of Connecticut State Agencies.
Property where oil or petroleum liquids are received by tank
vessel, pipeline, railroad car or tank vehicle for the purpose of
storage for wholesale distribution.
A hazardous materials manager certified by the Institute
of Hazardous Materials Management and who is qualified by reason of
relevant specialized training and relevant specialized experience
to conduct audits of regulated activities to ensure compliance with
applicable laws and identify appropriate pollution prevention practices
for such activities.
The Commissioner of Environmental Protection, or his or her
agent.
Sodium chloride, calcium chloride, or calcium magnesium acetate.
"Domestic sewage" as defined in § 22a-430-3(a)
of the Regulations of Connecticut State Agencies.
Property where a regulated activity is conducted by any person,
including without limitation any buildings located on the property
that are owned or leased by that person; and includes contiguous land
owned, leased, or for which there is an option to purchase by that
person.
Any opening in a floor or surface which opening or surface
receives materials spilled or deposited thereon.
Any hazardous substance as defined in 40 CFR 302.4 and listed
therein at Table 302.4, excluding mixtures with a total concentration
of less than one-percent hazardous substances based on volume;
Any hazardous waste as defined in § 22a-449(c)-101
of the Regulations of Connecticut State Agencies;
Any pesticide as defined in § 22a-47 of the Connecticut
General Statutes; or
Any oil or petroleum as defined in § 22a-448 of the
Connecticut General Statutes.
"Hazardous waste" as defined in § 22a-449(c)-101
of the Regulations of Connecticut State Agencies.
A facility for washing clothes, cloth or other fabric used
in industrial operations.
Any discharge device installed below or above the ground
surface that is designed to discharge liquid to the ground.
A map pursuant to § 22a-42a of the Connecticut
General Statutes.
A current ISO 14001 environmental management system certification
issued by an ISO 14001 environmental management system registrar that
is accredited by the American National Standards Institute (ANSI)
- American Society for Quality (ASQ) National Accreditation Board
(ANAB).
The lines as shown on Level A maps approved or prepared by
the Commissioner pursuant to § 22a-354c, 22a-354d or 22a-354z
of the Connecticut General Statutes encompassing the area of contribution
and recharge areas.
Oil that contains less than one-percent chlorinated solvents
and is used for the sole purpose of lubricating, cutting, grinding,
machining, stamping or quenching metals.
"Municipality" as defined in § 22a-354h of the
Connecticut General Statutes.
The owner or lessee of the facility in question.
Any individual, firm, partnership, association, syndicate,
company, trust, corporation, limited liability company, municipality,
agency, political or administrative subdivision of the state, or other
legal entity of any kind.
"Pollution" as defined in § 22a-423 of the Connecticut
General Statutes.
The use of processes and materials so as to reduce or minimize
the amount of hazardous materials used or the quantity and concentration
of pollutants in waste generated.
A professional engineer licensed in accordance with Chapter
391 of the Connecticut General Statutes and who is qualified by reason
of relevant specialized training and relevant specialized experience
to conduct audits of regulated activities to ensure compliance with
applicable law and identify appropriate pollution prevention practices
for such activities.
"Publicly owned treatment works" as defined in § 22a-430-3
of the Regulations of Connecticut State Agencies.
"Public service company" as defined in § 16-1 of
the Connecticut General Statutes.
"Public supply well" as defined in § 19-13-B51b
of the Regulations of Connecticut State Agencies.
"Recharge area" as defined in § 22a-354h of the
Connecticut General Statutes and as mapped in accordance with § 22a-354b-1
of the Regulations of Connecticut State Agencies.
A regulated activity which has been registered under § 22a-354i-7 of the Regulations of Connecticut State Agencies or § 116-13 of the APA Regulations and is conducted at the facility identified in such registration.
A person, who or which has submitted a registration for an existing regulated activity under § 22a-354i-7 of the Regulations of Connecticut State Agencies or § 116-9 of the APA Regulations.
Any of the following activities, which are located or conducted, wholly or partially, in an aquifer protection area, except as provided for in §§ 22a-354i-5(c) and 22a-354i-6 of the Regulations of Connecticut State Agencies, or § 116-9 of the APA Regulations:
Underground storage or transmission of oil or petroleum, to
the extent such activity is not preempted by federal law, or hazardous
material, except for:
An underground storage tank that contains No. 2 fuel oil and
is located more than 500 feet from a public supply well subject to
regulation under § 22a-354c or 22a-354z of the Connecticut
General Statutes; or
Underground electrical facilities such as transformers, breakers,
or cables containing oil for cooling or insulation purposes which
are owned and operated by a public service company;
Oil or petroleum dispensing for the purpose of retail, wholesale
or fleet use;
On-site storage of hazardous materials for the purpose of wholesale
sale;
Repair or maintenance of vehicles or internal combustion engines
of vehicles, involving the use, storage or disposal of hazardous materials,
including solvents, lubricants, paints, brake fluids, transmission
fluids or the generation of hazardous wastes;
Salvage operations of metal or vehicle parts;
Wastewater discharges to groundwater other than domestic sewage
and stormwater, except for discharges from the following that have
received a permit from the Commissioner pursuant to § 22a-430
of the Connecticut General Statutes:
Car or truck washing, unless all wastewaters from such activity
are lawfully disposed of through a connection to a publicly owned
treatment works;
Production or refining of chemicals, including, without limitation,
hazardous materials or asphalt;
Clothes or cloth cleaning service which involves the use, storage
or disposal of hazardous materials, including, without limitation,
dry-cleaning solvents;
Industrial laundry activity that involves the cleaning of clothes
or cloth contaminated by hazardous material, unless all wastewaters
from such activity are lawfully disposed of through a connection to
a publicly owned treatment works;
Production of electronic boards, electrical components, or other
electrical equipment involving the use, storage or disposal of any
hazardous material or involving metal plating, degreasing of parts
or equipment, or etching operations;
Embalming or crematory services which involve the use, storage
or disposal of hazardous material, unless all wastewaters from such
activity are lawfully disposed of through a connection to a publicly
owned treatment works;
Furniture stripping operations which involve the use, storage
or disposal of hazardous materials;
Furniture finishing operations which involve the use, storage
or disposal of hazardous materials, unless all wastewaters from such
activity are lawfully disposed of through a connection to a publicly
owned treatment works;
Storage, treatment or disposal of hazardous waste subject to
a permit under §§ 22a-449(c)-100 to 22a-449(c)-110,
inclusive, of the Regulations of Connecticut State Agencies;
Biological or chemical testing, analysis or research which involves
the use, storage or disposal of hazardous material, unless all wastewaters
from such activity are lawfully disposed of through a connection to
a publicly owned treatment works, and provided that on-site testing
of a public supply well by a public water utility is not a regulated
activity;
Pest control services which involve storage, mixing or loading
of pesticides or other hazardous materials;
Photographic finishing which involves the use, storage or disposal
of hazardous materials, unless all wastewaters from such activity
are lawfully disposed of through a connection to a publicly owned
treatment works;
Printing, plate making, lithography, photoengraving, or gravure,
which involves the use, storage or disposal of hazardous materials;
Accumulation or storage of waste oil, antifreeze or spent lead-acid
batteries which are subject to a general permit issued by the Commissioner
under §§ 22a-208i and 22a-454(e)(1) of the Connecticut
General Statutes;
Production of rubber, resin cements, elastomers or plastic,
which involves the use, storage or disposal of hazardous materials;
Storage of de-icing chemicals, unless such storage takes place
within a weathertight, waterproof structure for the purpose of retail
sale or for the purpose of de-icing parking areas or access roads
to parking areas;
Accumulation, storage, handling, recycling, disposal, reduction,
processing, burning, transfer or composting of solid waste which is
subject to a permit issued by the Commissioner pursuant to §§ 22a-207b,[1] 22a-208a, and 22a-208c of the Connecticut General Statutes,
except for a potable water treatment sludge disposal area;
Dying, coating or printing of textiles, or tanning or finishing
of leather, which activity involves the use, storage or disposal of
hazardous materials;
Production of wood veneer, plywood, reconstituted wood or pressure-treated
wood, which involves the use, storage or disposal of hazardous material;
and
Pulp production processes that involve bleaching.
"Release" as defined in § 22a-133k-1 of the Regulations
of Connecticut State Agencies.
Sections 22a-354i-1 to 22a-354i-10, inclusive, of the Regulations
of Connecticut State Agencies.
The holding or possession of any hazardous material.
A stationary device which is designed to store hazardous
materials and is constructed of nonearthen materials, including, without
limitation, concrete, steel, fiberglass or plastic.
An object, whether natural or man-made, located on the earth's
surface and of sufficient size that it appears on a 1:24,000 scale
topographic quadrangle map drawn by the United States Geological Survey.
When referring to a storage tank or storage tank component,
that 10% or more of the volumetric capacity of such tank or component
is below the surface of the ground and that portion which is below
the surface of the ground is not fully visible for inspection.
A "vessel" as defined by § 15-170 of the Connecticut
General Statutes, and any vehicle propelled or drawn by any nonmuscular
power, including, without limitation, an automobile, aircraft, all-terrain
vehicle, tractor, lawn mower or snowmobile.
"Waters" as defined in § 22a-423 of the Connecticut
General Statutes.
"Well field" as defined in § 22a-354h of the Connecticut
General Statutes.
Any map showing zoning districts prepared in accordance with maps adopted pursuant to § 8-3 of the Connecticut General Statutes.
[1]
Editor's Note: Section 22a-207b of the Connecticut General
Statutes was repealed 2006, P.A. 06-76, § 31.
A.
The Planning and Zoning Commission shall delineate the aquifer protection
areas on the Town of Bethel Zoning Map. Such delineation shall consist
of the combined areas of contribution and recharge areas as shown
on Level A maps approved or prepared by the Commissioner.
(1)
Such boundaries shall be delineated within 120 days after being notified
by the Commissioner that an aquifer protection area is located partially
or entirely within the Town of Bethel.
(2)
Notice of such delineation shall be published in a newspaper having
substantial circulation in the affected area. Such notice shall include
at least the following:
B.
In order to clarify the location of an aquifer protection area boundary,
the Agency may apply to the Commissioner to extend such boundary to
coincide with the nearest property line, municipal boundary or topographic
feature pursuant to § 22a-354i-4 of the Regulations of Connecticut
State Agencies. Such extension shall, at a minimum, fully encompass
the aquifer protection areas bounded by the approved Level A mapping
but shall not exceed the distance necessary to clarify the location
of the aquifer protection area or to facilitate the administration
of regulations pertaining thereto. An aquifer protection area boundary
may not be extended without prior written approval of the Commissioner.
(1)
Any request by the Agency to the Commissioner for extension of an
aquifer protection area boundary shall include at least the following:
(b)
A certification by the Chairperson or duly authorized agent
of the Agency that notice of such request has been provided to all
owners of property within the proposed extended aquifer protection
area and all affected water companies in accordance with the following:
[1]
Such notice shall include at least the following:
[a]
A map showing the aquifer protection area boundaries and the
proposed extension of such boundaries;
[b]
The name, address, and telephone number of a representative
of the Agency who may be contacted for further information; and
[c]
A statement that any person may, not later than 30 days after
said notification, submit to the Agency written comments on such proposed
boundary extension;
[2]
Such notice shall be effectuated by the following:
[a]
Delivery of notice by certified mail to those individuals and entities identified in Subsection B(1)(b) of this section; or
[b]
The publication of a notice in a newspaper having substantial
circulation in the affected area, and posting of notice near the proposed
boundaries of the subject aquifer protection area of at least four
signs, each of which shall be at least four square feet in size (two
feet by two feet) and
(c)
A summary of comments received by such Agency regarding the
proposed boundary extension and the Agency's response.
C.
No person may challenge the boundaries of the aquifer protection
area under the APA Regulations unless such challenge is based solely
on a failure by the Agency to properly delineate the boundaries in
accordance with § 22a-354n of the Connecticut General Statutes.
D.
A map of the location and boundaries of the aquifer protection areas,
or regulated areas, shall be available for inspection in the Office
of the Bethel Town Clerk or the Planning & Zoning Department.
A.
All regulated activities are prohibited in aquifer protection areas, except as specified in Subsection B of this section.
B.
The following regulated activities are not prohibited in aquifer
protection areas:
(1)
A registered regulated activity which is conducted in compliance with § 22a-354i-9 of the Regulations of Connecticut State Agencies or § 116-17 of the APA Regulations;
(2)
A regulated activity which has received a permit issued pursuant to § 22a-354i-8 of the Regulations of Connecticut State Agencies or § 116-14 of the APA Regulations; and
(3)
A regulated activity which is on any municipally owned site undergoing
remedial action pursuant to 40 CFR 271 at the time the applicable
aquifer protection area is designated on a municipal zoning district
map or inland wetland map, provided that:
(a)
No such regulated activity substantially commenced or was in
active operation for the five-year period preceding the date that
the applicable aquifer protection area is designated on a municipal
zoning district map or inland wetland map; and
(b)
Any person who engages in such regulated activity within the
ten-year period commencing on the date that such applicable aquifer
protection area is designated on a municipal zoning district map or
inland wetland map registers such regulated activity on a form prescribed
by the Commissioner of Environmental Protection and in accordance
with the provisions of § 22a-354i-7 of the Regulations of
Connecticut State Agencies.
C.
The following are not regulated activities:
(1)
Any activity conducted at a residence without compensation;
(2)
Any activity involving the use or storage of no more than 2.5 gallons
of each type of hazardous material on site at any one time, provided
that the total of all hazardous materials on site does not exceed
55 gallons at any one time;
(3)
Any agricultural activity regulated pursuant to § 22a-354m(d)
of the Connecticut General Statutes;
(4)
Any activity, provided that all the following conditions are satisfied:
(a)
Such activity takes place solely within an enclosed building
in an area with an impermeable floor;
(b)
Such activity involves no more than 10% of the floor area in
the building where the activity takes place;
(c)
Any hazardous material used in connection with such activity
is stored in such building at all times;
(d)
All wastewaters generated by such activity are lawfully disposed
through a connection to a publicly owned treatment works; and
(e)
Such activity does not involve:
(5)
Any activity solely involving the use of lubricating oil, provided
that all the following conditions are satisfied:
(a)
Such activity does not involve cleaning of metals with chlorinated
solvents at the facility;
(b)
Such activity takes place solely within an enclosed building
in an area with an impermeable floor;
(c)
Any hazardous material used in connection with such activity
is stored in such building at all times; and
(d)
Such activity does not involve:
[1]
Repair or maintenance of internal combustion engines, including,
without limitation, vehicles, or equipment associated with such vehicles;
[2]
Underground storage of any hazardous material; or
[3]
Aboveground storage of more than 110 gallons of such lubricating
oil and associated hazardous waste; and
(6)
Any activity involving the dispensing of oil or petroleum from an
aboveground storage tank or tanks with an aggregate volume of 2,000
gallons or less, provided that all the following conditions are satisfied:
D.
Determination of a nonregulated activity.
(1)
Any person proposing to carry out a nonregulated activity, as set forth in § 116-9C of these regulations, in an aquifer protection area shall, prior to commencement of such activity, notify the Agency or its duly authorized agent on a form provided by the Agency. Such form shall provide sufficient information to enable the Agency or its duly authorized agent to properly determine that the proposed activity is a regulated activity or a nonregulated activity within the aquifer protection area.
(2)
If such activity is determined to be a nonregulated activity, then
no further action under the APA Regulations is necessary.
A.
The Commissioner shall exclusively regulate activities within aquifer
protection areas that are specified in § 22a-354p(g) of
the Connecticut General Statutes. The Agency shall regulate all other
regulated activities.
B.
Any person conducting regulated activities that are within the authority
of the Commissioner shall submit a registration or obtain a permit
or exemption from the Commissioner prior to engaging in such activity.
The Commissioner shall process applications for those regulated activities.
C.
The Agency may submit an advisory decision to the Commissioner for
consideration on any permit regulated under this section in accordance
with Connecticut General Statutes § 22a-354p(g).
A.
The owner or operator of a regulated activity may seek an exemption
from the Commissioner pursuant to § 22a-354i-6 of the Regulations
of Connecticut State Agencies. Any person seeking an exemption from
the Commissioner shall concurrently submit a copy of the application
for an exemption to the Agency and any affected water company.
B.
The Agency may submit written comments to the Commissioner on any
exemption regulated under this section in accordance with § 22a-354i-6(c)
of the Regulations of Connecticut State Agencies within 60 days of
the agency receipt of copy of the application.
A.
All applications for permits and registrations shall contain sufficient
information for a fair and informed determination of the issues. The
Agency may request additional information from the applicant for this
purpose.
B.
The day of receipt of a registration, permit application or transfer
form shall be the day of the next regularly scheduled meeting of the
Agency, immediately following the day of submission of the application
to the Agency or its duly authorized agent, or 35 days after such
submission, whichever is sooner.
C.
At any time during the review period, the Agency may require the applicant or registrant to provide additional information about the regulated activity. Requests for additional information shall not stay the time limitations for registrations and permits as set forth in §§ 116-13 and 116-14 of the APA Regulations.
D.
All permit applications and registrations shall be open for public
inspection.
E.
Incomplete permit applications and registrations may be denied without
prejudice.
G.
The Agency shall notify the Town Clerk of any adjoining municipality
of the pendency of any application, petition, appeal, request or plan
concerning any project on any site in which 1) any portion of the
property affected by a decision of such agency is within 500 feet
of the boundary of the adjoining municipality; 2) a significant portion
of the traffic to the completed project on the site will use streets
within the adjoining municipality to enter or exit the site; 3) a
significant portion of the sewer or water drainage from the project
on the site will flow through and significantly impact the drainage
or sewerage system within the adjoining municipality; or 4) water
runoff from the improved site will impact streets or other municipal
or private property within the adjoining municipality. Such notice
shall be made by certified mail, return receipt requested, and shall
be mailed within seven days of the date of receipt of the application,
petition, request or plan. Such adjoining municipality may, through
a representative, appear and be heard at any hearing on any such application,
petition, appeal, request or plan.
A.
Any person engaged in a regulated activity which substantially commenced,
or was in active operation, within the past five years, or with respect
to which a municipal building permit was issued, either 1) before
the effective date of the state aquifer protection regulations, or
2) before the date an applicable aquifer protection area is designated
on a municipal zoning district map or inland wetland and watercourse
areas map, whichever occurs later, or for any municipally owned site
undergoing remedial action pursuant to 40 CFR 271, any person who
engages in a regulated activity within the ten-year period commencing
on the date the applicable aquifer protection area is designated on
a municipal zoning district map or inland wetlands map shall register
the activity in accordance with this section unless such person has
pending an application for an exemption pursuant to § 22a-354i-6
of the Regulations of Connecticut State Agencies.
(1)
The Commissioner shall process registrations for those regulated
activities specified in § 22a-354p(g) of the Connecticut
General Statutes. The Agency shall process registrations for all other
regulated activities.
(2)
If the regulated activity is not specified in § 22a-354p(g)
of the Connecticut General Statutes, the person engaged in such activity
shall submit a registration to the Agency not later than 180 days
after adoption of regulations pursuant to § 22a-354p of
the Connecticut General Statutes or the designation the aquifer protection
area pursuant to § 22a-354i-2 of the Regulations of Connecticut
State Agencies, whichever occurs later. Any municipally owned site
undergoing remedial action pursuant to 40 CFR 271, the person engaged
in such regulated activity shall submit a registration within the
ten-year period commencing on the date the applicable aquifer protection
area is designated on a municipal zoning district map or inland wetlands
map. Any person submitting a registration pursuant to the requirements
of this subsection shall simultaneously file a copy of the registration
with the Commissioner, Commissioner of Public Health and the affected
water company.
B.
All registrations shall be provided on a form prescribed by the Agency[1] and shall be accompanied by the correct registration fee in accordance with § 116-23 of the APA Regulations. Such registration forms may be obtained from the Planning and Zoning Department of the Town of Bethel. Such registration forms shall include at least the following information in writing or on maps or drawings:
(1)
The name, business telephone number, street address and mailing address
of the:
(a)
Registrant; if the registrant is a corporation or limited partnership,
the full name of the facility and such corporation or limited partnership
as registered with the Connecticut Secretary of State, and any officer
or governing or managing body of any partnership, association, firm
or corporation;
(b)
Owner of such facility if different than the registrant; and
(c)
Manager or operator overseeing the operations of such facility;
(2)
The location of such facility, using street address or other appropriate
method of location, and a map showing the property boundaries of the
facility on a 1:24,000 scale United States Geological Survey topographic
quadrangle base;
(3)
An identification of the regulated activity or activities conducted at the facility, as described in § 116-7, definition of "regulated activity," of the APA Regulations, which regulated activity or activities shall consist of any regulated activity which substantially commenced, was in active operation, or with respect to which a municipal building permit was issued within the past five years; and
(4)
A certification by the registrant that the subject regulated activity is in compliance with the best management practices set forth in § 116-17A of the APA Regulations, as follows, signed after satisfying the statements set forth in the following certification:
|
"I have personally examined and am familiar with the information
submitted in this registration and all attachments, and I certify,
based on reasonable investigation, including my inquiry of those individuals
responsible for obtaining the information, the submitted information
is true, accurate and complete to the best of my knowledge and belief.
I understand that any false statement made in this document or certification
may be punishable as a criminal offense under § 53a-157b
of the Connecticut General Statutes and any other applicable law."
|
[1]
Editor's Note: Said registration form is on file in the
Town Offices.
C.
When deemed necessary to protect a public supply well subject to
regulation under § 22a-354c or 22a-354z of the Connecticut
General Statutes, the Agency may:
D.
If the Agency determines that a registration is incomplete, it shall
reject the registration and notify the registrant of what additional
information is required and the date by which it shall be submitted.
E.
If the registration is determined to be complete, and the regulated
activity is eligible for registration, the Agency shall send written
notification of such registration to the registrant. Such registration
shall be determined to be complete and eligible if the registrant
has not otherwise received a notice of rejection from the Agency,
not later than 180 days after the date the registration is received
by the Agency.
F.
The following general provisions shall be included in the issuance
of all registrations:
(1)
The Agency has relied in whole or in part on information provided
by the registrant, and if such information subsequently proves to
be false, deceptive, incomplete or inaccurate, the registration may
be modified, suspended or revoked;
(2)
All registrations issued by the Agency are subject to and do not
derogate any present or future rights or powers of the Commissioner,
Agency, or municipality, and convey no rights in real estate or material
nor any exclusive privileges, and are further subject to any and all
public and private rights and to any federal, state, and municipal
laws or regulations pertinent to the subject land or activity;
(3)
A complete registration shall expire five years from the date of
receipt of such registration by the Agency;
(4)
The registrant shall apply to the Agency to renew the registration
on a form prescribed by the Agency for a facility prior to expiration
of such registration; and
(5)
If a registered regulated activity is out of business or inactive
when registration renewal is required, a five-year allowance shall
be in effect from the date the registration expires. If the registrant
has not applied to renew the registration within five years of the
date the registration expires, the facility is no longer eligible
for registration.
G.
If a regulated activity which is eligible for registration in accordance with Subsection A of this section fails to be registered or if the registrant of an active registered activity fails to apply for renewal prior to expiration, the Commissioner or Municipal Aquifer Protection Agency, as appropriate, may accept a late registration at their discretion, subject to the limitations in Subsection F(5) of this section.
H.
Any person wishing to assume the benefits under a registration for
regulated activities shall apply to transfer such registration on
a form prescribed by the Agency and submitted to the Agency.
A.
Any person may apply for a permit to add a regulated activity to
a facility where a registered regulated activity occurs.
B.
The Agency shall process permit applications for those registrants that have registered pursuant to § 116-13 of the APA Regulations. The Commissioner shall process permit applications for regulated activities specified in § 22a-354p(g) of the Connecticut General Statutes and for those registrants that have registered pursuant to § 22a-354i-7(b)(1) of the Regulations of Connecticut State Agencies.
C.
Action shall be taken on permit applications within 65 days after
the completion of a public hearing or in the absence of a public hearing
within 65 days from the date of receipt of the application. The applicant
may consent to one or more extensions of either of these time frames,
provided that the total extension of all such periods is 65 days or
less.
D.
An application for a permit shall be made on a form prescribed by the Agency and shall be accompanied by the correct application fee in accordance with § 116-23 of the APA Regulations. Such permit application forms may be obtained from the Planning and Zoning Department. Simultaneously with filing an application, the applicant shall send a copy of the application to the Commissioner, the Commissioner of Public Health and the affected water company. An application shall include the following information:
(1)
The information as required for a registration under § 116-13B of the APA Regulations shall be provided for the proposed regulated activity;
(2)
A confirmation and certification that the existing and proposed activity:
(5)
The following environmental compliance information with respect to
environmental violations which occurred at the facility where the
regulated activities are conducted, within the five years immediately
preceding the date of the application:
(a)
Any criminal conviction involving a violation of any environmental
protection law;
(b)
Any civil penalty imposed in any state or federal judicial proceeding,
or any penalty exceeding $5,000 imposed in any administrative proceeding;
and
(c)
Any judicial or administrative orders issued regarding any such
violation, together with the dates, case or docket numbers, or other
information which identifies the proceeding. For any such proceeding
initiated by the state or federal government, the Agency may require
submission of a copy of any official document associated with the
proceeding, the final judgment or order;
(6)
Any additional information deemed necessary by the Agency regarding
potential threats to the groundwater and proposed safeguards; and
(7)
The following certification signed by the applicant and the individual
responsible for preparing the application, after satisfying the statements
set forth in the certification:
|
"I have personally examined and am familiar with the information
submitted in this document and all attachments, and I certify, based
on reasonable investigation, including my inquiry of those individuals
responsible for obtaining the information, the submitted information
is true, accurate and complete to the best of my knowledge and belief.
I understand that any false statement made in the submitted information
is punishable as a criminal offense under § 53a-157b of
the Connecticut General Statutes and any other applicable law."
|
E.
The Commissioner, any affected water company or the Commissioner
of Public Health may, not later than 30 days after receiving a copy
of an application for a permit under this section, submit to the Agency
written comments on such application. The Agency shall give due consideration
to any such comments and shall provide a copy of the decision to the
Commissioner, the affected water company and the Commissioner of Public
Health.
F.
To carry out the purposes of the Act, the Agency may grant an application
as filed, grant it upon such terms, conditions, limitations or modifications
necessary, or deny it. The Agency shall state upon the record the
reason for its decision.
G.
The Agency may hold a public hearing on an application for a permit in accordance with § 116-15 of the APA Regulations.
H.
The Agency shall not issue a permit unless a complete application
has been received and the applicant demonstrates to the Agency's
satisfaction that all requirements of this section of the APA Regulations
have been satisfied and all of the following standards and criteria
have been met:
(1)
The proposed regulated activity shall take place at a facility where
a registered regulated activity occurs;
(2)
The proposed regulated activity shall not increase the number or storage capacity of underground storage tanks used for hazardous materials except for the replacement of an existing underground storage tank in accordance with § 116-17A(3) of the APA Regulations;
(4)
The applicant has submitted a confirmation and certification that all regulated activities remain and shall remain in compliance with all local, state and federal environmental laws in accordance with Subsection D(2) of this section;
(5)
The applicant's compliance record does not indicate:
(a)
That any noncompliance resulted from indifference to or disregard
for the legal requirements;
(b)
An unwillingness or inability to devote the resources necessary
to comply and remain in compliance; or
(c)
That instances of noncompliance have led to serious environmental
harm, harm to human health or safety, or a substantial risk of such
harm;
(6)
The proposed regulated activity shall be conducted in accordance with § 116-17 of the APA Regulations;
I.
The Agency may impose reasonable conditions or limitations on any
permit issued under this section to assure protection of the groundwater,
including, but not limited to, the following:
J.
The following general provisions shall be included in the issuance
of all permits:
(1)
The Agency has relied in whole or in part on information provided
by the applicant and if such information subsequently proves to be
false, deceptive, incomplete or inaccurate, the permit may be modified,
suspended or revoked;
(2)
All permits issued by the Agency are subject to and do not derogate
any present or future rights or powers of the Commissioner, Agency,
or municipality, and convey no rights in real estate or material nor
any exclusive privileges, and are further subject to any and all public
and private rights and to any federal, state, and municipal laws or
regulations pertinent to the subject land or activity;
(3)
The permit shall expire 10 years from the date of issuance of such
permit by the Agency; and
(4)
A person shall apply to the Agency to renew the permit on a form
prescribed by the Agency prior to expiration of such permit. Such
renewal shall be granted upon request by the Agency unless a substantial
change in the permitted activity is proposed or enforcement action
with regard to the regulated activity has been taken, in which case
a new permit application shall be submitted and reviewed in accordance
with the provisions of this section.
K.
The Agency shall notify the applicant or permittee within 15 days
of the date of the decision by certified mail, return receipt requested,
and the Agency shall cause notice of its order in issuance or denial
of a permit to be published in a newspaper having a general circulation
in the municipality in which the aquifer protection area is located.
L.
A permittee may request a modification of a permit from the Agency.
Such request shall be on a form prescribed by the Agency and shall
include the facts and reasons supporting the request. The Agency may
require the permittee to submit a new application for a permit or
renewal in lieu of a modification request.
M.
A person wishing to assume the benefits under a permit for regulated
activities shall apply to transfer such permit on a form prescribed
by the Agency and submitted to the Agency.
A.
If the Agency decides to hold a public hearing regarding an application
for a permit to conduct a regulated activity within an aquifer protection
area, such hearing shall commence no later than 65 days after the
receipt of such application.
B.
Notice of the hearing shall be published at least twice at intervals
of not less than two days, the first not more than 15 days and not
fewer than 10 days, and the last not less than two days before the
date set for the hearing in a newspaper having a general circulation
in each city/town where the affected aquifer, or any part thereof,
is located.
C.
The Agency shall send to any affected water company, at least 10
days before the hearing, a copy of the notice by certified mail, return
receipt requested. Any affected water company may, through a representative,
appear and be heard at any such hearing.
D.
All applications, maps and documents relating thereto shall be open
for public inspection.
E.
At such hearing, any person or persons may appear and be heard.
F.
The hearing shall be completed within 35 days of its commencement.
H.
In reaching its decision on any application after a public hearing,
the Agency shall base its decision on the record of that hearing.
Documentary evidence or other material not in the hearing record shall
not be considered by the Agency in its decision.
A.
Every regulated activity shall be conducted in accordance with the
following:
(1)
Hazardous materials may be stored above the ground within an aquifer
protection area only in accordance with the following conditions:
(a)
Hazardous material shall be stored in a building or under a roof that minimizes stormwater entry to the hazardous material storage area, except that a roof is not required for a bulk storage facility as defined in § 116-7 of the APA Regulations;
(b)
Floors within a building or under a roof where hazardous material
may be stored shall be constructed or treated to protect the surface
of the floor from deterioration due to spillage of any such material;
(c)
A structure which may be used for storage or transfer of hazardous
material shall be protected from stormwater run-on and groundwater
intrusion;
(d)
Hazardous material shall be stored within an impermeable containment
area which is capable of containing at least the volume of the largest
container of such hazardous material present in such area or 10% of
the total volume of all such containers in such area, whichever is
larger, without overflow of released hazardous material from the containment
area;
(e)
Hazardous material shall not be stored with other hazardous
materials that are incompatible and may create a hazard of fire, explosion
or generation of toxic substances;
(f)
Hazardous material shall be stored only in a container that
has been certified to meet state or federal specifications for containers
suitable for the transport or storage of such material;
(g)
Hazardous material shall be stored only in an area that is secured
against unauthorized entry by the public; and
(2)
No person shall increase the number of underground storage tanks
used to store hazardous materials;
(3)
An underground storage tank used to store hazardous materials shall
not be replaced with a larger tank unless a) there is no more than
a twenty-five-percent increase in volume of the larger replacement
tank, and b) the larger replacement tank is a double-walled tank with
coaxial piping, both meeting new installation component standards
pursuant to §§ 22a-449(d)-1(e) and 22a-449(d)-102 of
the Regulations of Connecticut State Agencies, and with interstitial
monitoring;
(4)
No person shall use, maintain or install floor drains, dry wells
or other infiltration devices or appurtenances which allow the release
of wastewaters to the ground, unless such release is permitted by
the Commissioner in accordance with § 22a-430 or 22a-430b
of the Connecticut General Statutes; and
(5)
A materials management plan shall be developed and implemented in
accordance with the following:
(a)
A materials management plan shall contain, at a minimum, the
following information with respect to the subject regulated activity:
[1]
A pollution prevention assessment consisting of a detailed evaluation
of alternatives to the use of hazardous materials or processes and
practices that would reduce or eliminate the use of hazardous materials
and implementation of such alternatives where possible and feasible;
[2]
A description of any operations or practices which may pose
a threat of pollution to the aquifer, which shall include the following:
[a]
A process flow diagram identifying where hazardous
materials are stored, disposed and used and where hazardous wastes
are generated and subsequently stored and disposed;
[b]
An inventory of all hazardous materials which are
likely to be or will be manufactured, produced, stored, utilized or
otherwise handled; and
[c]
A description of waste, including wastewaters generated,
and a description of how such wastes are handled, stored and disposed;
[3]
The name, street address, mailing address, title and telephone
number of the individual(s) responsible for implementing the materials
management plan and the individual(s) who should be contacted in an
emergency;
[4]
A recordkeeping system to account for the types, quantities,
and disposition of hazardous materials which are manufactured, produced,
utilized, stored, or otherwise handled or which are discharged or
emitted; such recordkeeping system shall be maintained at the subject
facility and shall be made available thereat for inspection during
normal business hours by the Commissioner and the Municipal Aquifer
Protection Agency; and
[5]
An emergency response plan for responding to a release of hazardous
materials. Such plan shall describe how each such release could result
in pollution to the underlying aquifer and shall set forth the methods
used or to be used to prevent and abate any such a release;
(b)
When a materials management plan is required under either § 116-13C or 116-14D of the APA Regulations, such materials management plan shall be completed and certified by a professional engineer or a certified hazardous materials manager, or if the facility where the regulated activity is conducted has received and maintained an ISO 14001 environmental management system certification, then the registrant may complete and certify the materials management plan; and
(c)
The materials management plan shall be maintained at the subject
facility and shall be made available thereat for inspection during
normal business hours by the Commissioner and the Municipal Aquifer
Protection Agency.
A.
Nothing in these regulations shall obviate the requirement for the
applicant to obtain any other assents, permits or licenses required
by law or regulation by the Town of Bethel, State of Connecticut and
the government of the United States, including any approval required
by the Connecticut Department of Environmental Protection and the
U.S. Army Corps of Engineers and the United States Environmental Protection
Agency. Obtaining such assents, permits or licenses are the sole responsibility
of the applicant.
B.
No person shall conduct any regulated activity within an aquifer
protection area which requires zoning or subdivision approval without
first having obtained a valid certificate of zoning or subdivision
approval, special permit, special exception or variance, or other
documentation establishing that the proposal complies with the Town
of Bethel zoning or subdivision regulations.[1]
A.
The Agency may appoint a duly authorized agent to act in its behalf
with the authority to issue notices of violation or cease and desist
orders.
B.
If the Agency or its duly authorized agent finds that any person
is conducting or maintaining any activity, facility or condition which
violates any provision of these regulations, the Agency or its duly
authorized agent may:
(1)
Issue a notice of violation.
(a)
The notice of violation shall state the nature of the violation,
the jurisdiction of the Agency, and the necessary action required
to correct the violation, including, without limitation, halting the
activity in the aquifer protection area.
(b)
The Agency may request that the person appear at the next regularly scheduled meeting of the Agency to discuss the unauthorized activity and/or provide a written reply to the notice or file an application for the necessary permit or registration. Failure to carry out the action(s) directed in a notice of violation may result in issuance of an order under Subsection B(2) of this section or other enforcement proceedings as provided by law.
(2)
Issue a written order.
(a)
Such order shall be issued by certified mail, return receipt
requested, to such person conducting such activity or maintaining
such facility or condition to cease such activity immediately or to
correct such facility or condition. The Agency shall send a copy of
such order to any affected water company by certified mail, return
receipt requested.
(b)
Within 10 days of the issuance of such order, the Agency shall
hold a hearing to provide the person an opportunity to be heard and
show cause why the order should not remain in effect. Any affected
water company may testify at the hearing. The Agency shall consider
the facts presented at the hearing and, within 10 days of the completion
of the hearing, notify the person by certified mail, return receipt
requested, that the original order remains in effect, that a revised
order is in effect, or that the order has been withdrawn.
(3)
Suspend or revoke registration or permit.
(a)
The Agency may suspend or revoke a registration or a permit
if it finds, after a hearing, that the registrant or permittee has
not complied with the terms, conditions or limitations set forth in
the registration or the permit. Prior to revoking or suspending any
registration or permit, the Agency shall issue notice to the registrant
or the permittee, personally or by certified mail, return receipt
requested, setting forth the facts or conduct that warrants the intended
action.
(b)
The Agency shall hold a hearing to provide the registrant or
permittee an opportunity to show that it is in compliance with its
registration or permit. The Agency shall notify the registrant or
permittee of its decision by certified mail within 15 days of the
date of its decision. The Agency shall publish notice of a suspension
or revocation in a newspaper having general circulation in the Town
of Bethel.
D.
A court may assess criminal and or civil penalties to any person
who commits, takes part in, or assists in any violation of any provision
of the APA Regulations in accordance with §§ 22a-354s(b)
and § 22a-354s(c) of the Connecticut General Statutes.
A.
This article may be amended, changed or repealed in accordance with
§ 22a-354p(b) of the Connecticut General Statutes.
B.
If a complete application is filed with the Agency which is in conformance
with the APA Regulations as of the date of its filing, the permit
issued shall not be required to comply with any changes in regulations
taking effect on or after the filing date. The provisions of this
section shall not apply to the establishment, amendment, or change
of the boundaries of the aquifer protection area or to any changes
in the APA Regulations necessary to make the regulations consistent
with Chapter 446i of the Connecticut General Statutes as of the date
of the Agency's decision.
Appeal of the Agency's regulation, order, decision or action
shall be made in accordance with § 22a-354q of the Connecticut
General Statutes.
A.
If there is a conflict between the provisions of the APA Regulations,
the provision that imposes the most stringent standards shall govern.
The invalidity of any word, clause, sentence, section, part, subsection,
subdivision or provision of these regulations shall not affect the
validity of any other part that can be given effect without such valid
part or parts.
B.
If there is a conflict between the provisions of the APA Regulations
and the Act, the provisions of the Act shall govern.
A.
All fees required by these regulations shall be submitted to the
Agency by check or money order payable to the Town of Bethel at the
time the registration or permit application is filed with the Agency.
B.
No registration or permit application shall be granted or approved by the Agency unless the correct registration/application fee is paid in full or unless a waiver has been granted by the Agency pursuant to Subsection F of this section.
C.
The registration or permit application fee is nonrefundable.
D.
Registration or permit application fees shall be based on the following
schedule:
|
Fee Schedule
| |||||
|---|---|---|---|---|---|
|
Facility Size
| |||||
|
Small (< 1 acre)
|
Medium (1 to 5 acres)
|
Large (> 5 acres)
| |||
|
Registrations:
| |||||
|
Industrial
|
$250
|
$400
|
$600
| ||
|
Commercial
|
$250
|
$400
|
$600
| ||
|
Other
|
$250
|
$400
|
$600
| ||
|
Permits:
| |||||
|
Industrial
|
$500
|
$800
|
$1,000
| ||
|
Commercial
|
$500
|
$800
|
$1,000
| ||
|
Other
|
$500
|
$800
|
$1,000
| ||
|
Materials management plan reviews
|
$150
|
$150
|
$150
| ||
|
Stormwater management plan reviews
|
$150
|
$150
|
$150
| ||
|
Public hearing
|
$400
|
$400
|
$400
| ||
|
Facility inspection/monitoring
|
$150
|
$150
|
$150
| ||
|
Regulation petition
|
$250
|
$250
|
$250
| ||
|
Transfer fee
|
$100
|
$100
|
$100
| ||
E.
Boards, commissions, councils and departments of the Town of Bethel
are exempt from all fee requirements, with the exception of the public
hearing fee.
F.
The registrant or applicant may petition the Agency to waive, reduce
or allow delayed payment of the fee. Such petitions shall be in writing
and shall state fully the facts and circumstances the Agency should
consider in its determination under this section. The Agency may waive
all or part of the application fee if the Agency determines that:
(1)
The activity applied for would clearly result in a substantial public
benefit to the environment or to the public health and safety and
the registrant or applicant would reasonably be deterred from initiating
the activity solely or primarily as a result of the amount of the
registration or permit application fee; or
(2)
The amount of the registration or permit application fee is clearly
excessive in relation to the cost to the city/town for reviewing and
processing the application.
G.
Extra assessments.
(1)
In the event that additional expenses, including but not limited
to outside consultants, experts, or legal advisors, are incurred in
processing the registration or permit application, the applicant/registrant
may be assessed an additional fee not to exceed 150% of the estimated
costs of any consulting review fees to cover said costs. Said fees
are to be estimated by the duly authorized agent and submitted with
the application fee and held until the application is completely processed,
after which time any residual funds pertaining to this assessment
are to be returned to the applicant/registrant.
(2)
For the purpose of this assessment, an "outside consultant" means
a professional who is not an employee of the Town of Bethel, including
but not limited to engineering, environmental, hydrogeology and hazardous
materials management professionals.
H.
The Agency shall state upon its record the basis for all actions
under this section.
The APA Regulations, APA boundaries and amendments thereto shall
become effective upon:
