Town of New Milford, CT ARTICLE XIV Aquifer Protection Agency [1]

[1] Editor's Note: Former Art. XIV, Aquifer Protection Committee, adopted by Ord. of 6-27-2000, was removed as the Aquifer Protection Committee ceased to be a permanent committee of the Town on 11-30-2003.

§ 2-151 Designation and membership.

[Ord. of 10-18-2007; Ord. of 6-25-2012; Ord. of 04-22-2019]

(a) The New Milford Inland Wetlands Commission shall be and is hereby designated the New Milford Aquifer Protection Agency (hereinafter "the Agency"). The administrative staff of the New Milford Inland Wetlands Commission shall serve as the staff of the Agency. The Agency may utilize the New Milford Wetlands. Enforcement Officer as its duly authorized agent to act on the Agency's behalf with the authority to issue notices of violation and cease and desist orders to any person (as defined in the Aquifer Protection Regulations) who conducts or maintains any activity, facility or condition which violates any provision the Aquifer Protection Regulations. Said Wetlands Enforcement Officer may be assisted by the New Milford Zoning Enforcement Officer, both of whom shall be considered members of the Agency's administrative staff.

(b) Members of the Inland Wetlands Commission shall also be members of the Agency and serve coexisting terms. The membership requirements and qualifications shall be the same as those of the Inland Wetlands Commission, including, without limitation, the number, terms, method of selection of regular and alternate members and filling of vacancies.

(c) At least one member of the Agency or staff of the Agency shall complete the course in technical training formulated by the Connecticut Commissioner of Environmental Protection (hereinafter the "Commissioner") pursuant to C.G.S. § 22a-354v.

(d) Aquifer Protection Regulations approved by the Connecticut Department of Energy and Environmental Protection (DEEP) in compliance with Connecticut General Statutes § 22a-354p(f) and Regulations of Connecticut State Agencies § 22a-354i-3 and previously adopted shall remain and are hereby continued as the regulations of the Agency.

§ 2-152 Regulations.

[Ord. of 10-18-2007]

The Agency shall adopt regulations in accordance with C.G.S. § 22a-354p and pursuant to Regulations of Connecticut State Agencies § 22a-354i-3, which regulations shall provide for:

(a) The manner in which boundaries of aquifer protection areas shall be established and amended or changed;

(b) Procedures for the regulation of activity within the aquifer protection areas;

(c) The form of application for a permit to conduct regulated activities within the areas;

(d) Notice and publication requirements;

(e) Criteria and procedures for application review; and

(f) Administration and enforcement.

§ 2-153 Inventory of land use.

[Ord. of 10-18-2007]

(a) So as to carry out the purpose of the Aquifer Protection Program, the Agency shall perform an inventory of land use within the area in order to assess potential contamination sources.

(b) Within and not to exceed three months following the Commissioner's approval of Level A mapping of aquifers, the Agency shall inventory land uses within and overlying the mapped zone of contribution and recharge areas of such mapped aquifers in accordance with guidelines established by the Commissioner pursuant to C.G.S. § 22a-354f. Such inventory shall be completed not more than one year after the authorization of the Agency pursuant to C.G.S. § 22a-354e.