[HISTORY: Adopted by the Town of Weston 1-4-1982, effective
2-4-1982 (Ch. 7.5, Art. II, of the 1981 Code). Amendments noted where
applicable.]
The Board of Selectmen of the Town of Weston,
Connecticut, hereby adopts these regulations in furtherance of its
commitment to protect and preserve an adequate potable water supply
from its underground water resources and to protect and preserve its
watercourses and wetlands. More specifically, regulation of groundwater
heat pumps is deemed necessary in furtherance of that commitment in
order to:
A.
Protect and preserve the quality and quantity of the
Town's underground water supply;
B.
Protect and preserve watercourses and wetlands from
adverse effects of unnatural changes in water temperature and/or volume;
C.
Protect soils from erosion and subsidence; and
D.
Prevent ponding of waters not of a natural origin.
As used in this chapter, the following terms
shall have the meanings indicated:
The Conservation Commission.
Includes a heat transfer system dependent upon the principle
of using constant-temperature groundwater in conjunction with a heat
exchanger that contributes wholly or in part to the heating or cooling
system of a residence.
These regulations governing the use of groundwater
heat pumps and the granting of any permit are not intended and shall
not be construed as an approval or endorsement of any proposed system
or any particular equipment. Rather, these regulations are intended
solely to prohibit the use of any groundwater heat pump which does
not meet the minimal requirements set forth in these regulations for
issuance of a permit. In granting any such permit, the Town of Weston
and its agencies and agents specifically disclaim any responsibility
for the installation, proper performance or functioning of any equipment
or system, present or future.
A.
Subsequent to the ratification of this regulation,
groundwater heat pumps within the Town are prohibited except as they
may be licensed as herein provided.
B.
Licensing shall be based upon a determination of favorable
hydrogeologic conditions and construction design relative to each
property for which an application is made. Preliminary testing for
all such installations shall be required to reasonably assure that
an adequate supply of groundwater is now and will remain available
and that the dispersion or return of used water to the aquifer will
be undertaken in a manner which poses no unnatural and/or undesirable
changes to the quality of the return waters or to the soils, wetlands
or watercourses.
(1)
In no case shall direct discharge of used water from
a groundwater heat pump installation be permitted into swamps, bogs,
watercourses, or water bodies or directly or indirectly into storm
sewers or municipal drainage systems or overland surfaces.
(2)
Dispersion.
(a)
Used water dispersion shall take place in near
proximity to the supply well to better ensure a maximum return of
the discharge water to the supply well and to minimize the likelihood
of impacting any local septic system.
(b)
An acceptable method of dispersion shall include
but not be limited to galleries or leaching fields. Geologic data,
such as a well-driller's log of the water supply well, shall be provided
for assessing the effectiveness of the used water dispersion system
for recharging the aquifer. Analysis of such data by a licensed professional
may also be required to be submitted.
C.
Groundwater heat pumps with a partially self-contained
system shall meet dispersion criteria established above.
D.
Air-to-air heat pumps and totally self-contained systems
shall be exempted from this chapter.
A.
General requirements.
(1)
Any person wishing to install a groundwater heat pump
shall submit an application to the Conservation Commission at a regularly
scheduled meeting of this agency.
(2)
No application shall be deemed complete unless it
shall be in such form and contain such information as the agency deems
necessary for a fair determination of the acceptability of the proposed
heat pump system. The agency shall inform all applicants in writing
upon the completion of their application. Such notification will not
be considered a limitation to requests for additional data should
final determination of a proposal's acceptability be constrained by
its absence.
(3)
The information required by the agency shall be furnished
in sufficient copies to permit the agency to carry out its duties
under these regulations. In no case will fewer than five copies be
accepted for a final review of the proposal.
(4)
All information submitted in the application for review shall be considered factual or, in the case of anticipated installation, binding. A knowing failure of the applicant or any of his, her or its agents to provide correct information, or performance failing to meet or exceed the levels of activity anticipated, shall be sufficient grounds for the revocation of any permit under these regulations and/or penalties to be imposed under § 87-8B.
B.
Contents. All applications shall include the following
information in writing and shall be on a form provided by the agency
and available from the office of the Town Clerk:
(1)
The applicant's name, home and business addresses
and telephone numbers.
(2)
The owner's name (if the applicant is not the owner
of the property), home and business addresses, telephone numbers,
and written consent to the proposed activity set forth in the application.
(3)
The applicant's interest in this activity.
(4)
The geographical location of the property which is
to be affected by the proposed activity, including a description of
the land in sufficient detail to allow identification of the properties
on the Inland Wetlands and Watercourses Map, as well as on the Dominski/Oakrock
Association Aquifer Map No. 11, as published on page 34 of the Weston
Environmental Manual, dated June 1976, or other map(s) designated
by the agency.
(5)
The name of the well-drilling contractor, place of
business, Connecticut driller's registration number, and geologic
log and construction data of the water supply well to be used as the
groundwater source for the heat pump.
(6)
The chemical analysis of a sample of water from the
water supply well, including turbidity, pH, hardness, total solids,
alkalinity, chloride, iron, and manganese, as well as the temperature
of the used water discharged into the dispersion system.
(7)
The results of a continuous pumping yield test of
the water supply well of not less than 24 hours' duration, including
measurements from land surface to the prepumping static level and
near-end-of-test pumping level and the start-of-test and end-of-test
discharge rate.
(8)
Maximum heat pump water use rate during winter heating
function and summer cooling function, as certified by the system designer.
(9)
A detailed description of the used water dispersion
system; identification on a site plan of the location of the supply
well, buildings, primary septic and reserve areas and receiving galleries
or leaching fields for heat pump discharge water. The description
should include design depth and capacity of the discharge water receiving
system.
C.
Additional information. The agency shall not necessarily
be limited to that information requested on the application, if additional
information may be required to properly evaluate the application.
A.
If the agency decides after a full review of the application and the supporting information that the installation of a groundwater heat pump in such location meets the requirements of this chapter and in no way violates any of the provisions of the Town of Weston's Ordinance Concerning the Regulation of Inland Wetlands and Watercourses (effective latest revision) [Chapter 215 of this Code], permission to make this installation will be granted either with or without specified conditions. The applicant shall be so notified in writing.
B.
If the application is denied, the agency shall notify
the applicant in writing stating the reason for the rejection. In
the event that the application is approved, the contractor who will
be responsible for the installation of the heat pump shall be required
to sign a statement on a form provided by the agency that he has read
the application and agrees to abide by the approval, with or without
conditions, granted by the agency prior to commencement of installation.
C.
The agency shall render its decision within 65 days
after acceptance of a completed application, and the agency shall
notify the applicant within 15 days of the date of the decision. An
extension of an additional 65 days may be effected if agreed to by
both the Commission and the applicant.
The fee for application shall be $25 and shall
be applied to defray the cost and expenses of the agency in carrying
out its duties under this chapter.
A.
If the agency finds that the purpose or intent of
this chapter is violated in any manner, the agency or its enforcement
officer shall be authorized to issue a written order to such person
maintaining such installation to correct such installation or condition.
Such order shall be effective immediately upon its service to such
person.
