[HISTORY: Adopted by the Town Council of the Town of Wolcott 4-13-2004 by Ord. No. 87. Amendments noted where applicable.]
This chapter shall be known and cited as the "Groundwater Ordinance
of the Town of Wolcott."
The purpose of this chapter is to protect the health, safety
and general welfare of the residents of Wolcott by identifying an
Institutional Control Zone (ICZ) and prohibiting the extraction, consumption
or utilization of groundwater from land located within the ICZ so
as to prevent public exposure to contaminated groundwater. The boundaries
of the ICZ are set forth on Figure 1 attached hereto.[1]
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
Within the boundaries of the ICZ, comprised as set forth in
this chapter, no groundwater shall be extracted, consumed or utilized
from the ground. This chapter shall apply to such areas notwithstanding
the provisions of any other Town ordinance previously adopted.
As used in this chapter, the following terms shall have the
meanings indicated:
All the water found beneath the surface of the ground. In
this chapter the term "groundwater" also refers to the slowly moving
subsurface water present in aquifers and recharge areas.
For the purpose of this chapter, there is hereby established
within the Town of Wolcott a certain ICZ area.
A.
The particular properties contained within the initial ICZ are located
on or adjacent to Wolcott Road, Town Line Road and Nutmeg Valley Road
and are identified as follows:
#64 Wolcott Road, n/f owned by National Die Company, Inc., P.O.
Box 6281, Wolcott, Connecticut 06716, Assessors Map Plate No. 109,
Lot #69 (including adjacent triangular shaped parcel), Unique ID#
N0404400
#84 Wolcott Road, n/f owned by Anthony S. Moffo, 61 Kalko Drive,
Wolcott, Connecticut 06716, Assessors Map Plate No. 109, Lot #32 and
#3A, Unique ID# M0386800
#17 Town Line Road, n/f owned by Dolores Riollano, Trustee of
The Joseph M. Macary Trust, 9 Oakdale Avenue, Waterbury, Connecticut
06708, Assessors Map Plate No. 109, Lot #76A and Lot #76B and part
of Lot #76 (including adjacent triangular shaped parcels), Unique
ID# M0340800
Nutmeg Valley Road, n/f owned by Stanley Sendzimir c/o Jones,
Foster and Johnson, P.O. Box 3475, West Palm Beach, Florida 33402,
and Jan Peter and The Vanda Sendzimir Revocable Trust c/o Robert B.
Needham, Trustee, 5 Forbes Lane, Andover, MA 01810 (vacant land),
Assessors Map Plate No. 109, Lot #67 through #76, Unique ID# S0503900
#1 Nutmeg Valley Road, n/f owned by Thomas A. Gianni, Jr. and
Carmen Gianni d/b/a Nutmeg Valley Associates, 1 Nutmeg Valley Road,
Wolcott, Connecticut 06716, Assessors Map Plate No. 109, Lot #33,
Unique ID# G0214400
#9 Nutmeg Valley Road, n/f owned by Barney H. Newsome, 178 Scott
Road, Prospect, Connecticut 06712, Assessors Map Plate No. 109, Lot
#34A, Unique ID# N0406100
Nutmeg Valley Road, n/f owned by Theodore Iorio, 15 Nutmeg Valley
Road, Wolcott, Connecticut 06716, Assessors Map Plate No. 109, Lot
#35, Unique ID# I0264300
#15 Nutmeg Valley Road, n/f owned by Nutmeg Screw Machine Products,
Inc., P.O. Box 1470, Waterbury, CT 06720, Assessors Map Plate No.
109, Lot #34, Unique ID# N0410300
B.
The referenced Assessor's maps are on file at the Office of the Assessor
of the Town of Wolcott and are those bearing the following identification
(as amended through the date of adoption of this chapter): "Property
Maps of the Town of Wolcott, Conn. Plate No. 109, Scale one inch equals
200 feet, April, 1958, Prepared by Vernon Graphics, Inc. Mt. Vernon,
N.Y."
Within the ICZ, these regulations shall apply:
A.
The following uses are prohibited in the ICZ: the extraction, consumption
or utilization of groundwater for any purposes, including residential
wells; provided, however, that groundwater in the ICZ may be removed
and tested for purposes of evaluating groundwater quality only.
B.
All properties within the ICZ shall abandon all existing groundwater
wells (except groundwater monitoring wells) in accordance with the
provisions of the General Statutes and Regulations of the State of
Connecticut and the regulations of the Chesprocott Health District,
within 90 days of the effective date of this chapter.
C.
All properties within the ICZ that contain any structures (residential,
commercial or industrial) shall connect to the existing public water
supply systems within 90 days of the effective date of this chapter.
D.
This chapter shall not apply to any investigative or monitoring well
installed or required to be installed by any federal, state or local
governmental authority.
A.
The Town of Wolcott may institute or cause to be instituted, in the
name of the Town, any and all actions, legal and equitable, that shall
be appropriate or necessary for the enforcement of the provisions
of this chapter. A photograph or video of the removal and/or use of
groundwater, properly authenticated, shall constitute prima facie
evidence of a violation.
B.
In addition, any person, firm or corporation, being the owner or
occupant of, or having control or the use of land within the ICZ,
who or which is found to violate any provision of this chapter shall
be guilty of a civil violation and, upon conviction thereof, shall
be punished by a fine of not more than $250. Each day such violation
is permitted to exist after notification thereof shall constitute
a separate offense. Such persons shall also be liable for any court
costs and reasonable attorney's fees incurred by the Town of Wolcott
to enforce this chapter.[1]
