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This chapter shall be known and be cited as the "Groundwater
Management Zone Ordinance of the Town of Durham, Connecticut."
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The purpose of this chapter is to protect the health and safety
of the residents of Durham and to protect the integrity of the Durham
Meadows Superfund Site remedy by identifying a Groundwater Management
Zone ("GMZ") to prevent the use of and public exposure to contaminated
groundwater drawn from the GMZ, and to prevent further expansion of
the contaminated groundwater plume. In consultation with the United
States Environmental Protection Agency (EPA) and the Connecticut Department
of Energy & Environmental Protection (CT DEEP), the boundaries
of the GMZ are set forth on Figure 1 attached hereto.[1]
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
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As authorized by Connecticut General Statutes § 7-148,
once this chapter is applicable to a property located within the boundaries
of the GMZ, comprised as set forth in this chapter, no groundwater
shall be extracted, consumed or utilized from the ground at that property,
except as otherwise provided within this chapter. This chapter shall
apply to the GMZ notwithstanding the provisions of any other Town
ordinance adopted.
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This chapter shall become applicable to any property within
the GMZ on the date that the City of Middletown's water supply
becomes available for connection to the property, by virtue of the
presence of a curb box at the property boundary and the initiation
of water delivery to the Durham Meadows Superfund Site.
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As used in this chapter, the following terms shall have the
meanings indicated:
All the water found beneath the surface of the ground, including
all subsurface water stored in bedrock and overburden aquifers and
recharge areas within the GMZ. Groundwater does not include waters
found in fire ponds or any other surface water bodies within the GMZ.
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There is hereby established within the Town of Durham the GMZ
as depicted in Figure 1.[1] The particular properties contained within the GMZ are
generally located on or adjacent to Main Street as depicted in Figure
1 and can be identified using assessor's maps that are on file
at the Town of Durham Office of Assessor, and can be viewed on the
Town of Durham's website. The GMZ depicted in Figure 1 is subject
to future amendment. Any future amendment to Figure 1 of this chapter
is subject to all notice and procedural requirements applicable to
a municipal ordinance amendment in the Town of Durham.
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
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Within the GMZ, except as specifically provided in § 8.5-8 (Exceptions), the following regulations shall apply:
(1)
The extraction, consumption, or utilization of groundwater for any
purpose, including residential wells, is prohibited in the GMZ.
(2)
Unless an exception is granted pursuant to § 8.5-8(e), all existing groundwater wells must be abandoned in accordance with the provisions of the Connecticut Well Drilling Code and Rules, Sections 25-126 through 25-137 of the General Statutes and Regulations of the State of Connecticut and all applicable regulations of the Town of Durham Health Department within 30 days of connection to the public water supply made following authorization granted pursuant to Subsection (3) of this section.
(3)
Unless an exception is granted pursuant to § 8.5-8(e), for all properties located within the GMZ that contain any habitable structures (residential, commercial or industrial) with running water, the owner or such other duly authorized person must, within 30 days of receiving notice that a connection from the building or buildings served by existing groundwater wells will be provided to the public water system, either provide written authorization on the form contained in the notice that the connection can be installed; or file an application for an exception under § 8.5-8(e) of this chapter. In the event that the application for an exception is denied, written notice of authorization must be provided within 30 days of denial on the form contained in the original notice of the availability of the connection to the public water supply.
(4)
Nothing in this regulation shall prohibit any party from developing
property within the GMZ, provided that any development proposal requiring
on-site drinking water shall demonstrate the ability to connect to
public water at such party's expense and be approved by the Town
of Durham Health Department.
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(a)
Groundwater in the GMZ may be used for the purpose of evaluating
groundwater quality for environmental investigation.
(b)
This chapter shall not apply to any investigation or monitoring wells
installed or required to be installed, by any federal, state, or local
government authority.
(c)
Nothing in this regulation shall prohibit the use of a closed-loop
system for geothermal heating purposes.
(d)
An exception is granted for the continued use of the Durham Manufacturing
Company industrial well, provided the Durham Manufacturing Company
remains in compliance with the conditions of the final environmental
land use restriction established for the property, or the draft environmental
land use restriction established for the property as attached to the
consent decree between the United States and the State of Connecticut,
and the Durham Manufacturing Company, Civil No. 3:13-cv-01319.
(e)
Any person who owns property within the GMZ may request from the Town of Durham Department of Health an exception to § 8.5-7(1), (2) or (3) of this chapter for continued use of a well in existence on the effective date of this chapter or installation of a new well after the effective date of this chapter, subject to the following conditions. An exception under this subsection does not apply until granted in writing by the Town of Durham Department of Health.
(1)
A property owner seeking an exception under this subsection
must comply with the following requirements:
a.
The property owner shall submit a plan that shall include, but
not be limited to, the property boundaries, the location of the proposed
or existing well, all other water lines and connections, septic systems,
a detailed description of the anticipated use of the well, and the
anticipated maximum and sustained pumping rates. The plan shall be
signed by a person qualified as a licensed environmental professional
(LEP) in the State of Connecticut who certifies that the location
of the proposed or existing well is not within an area of contaminated
groundwater (defined below) and use of this proposed or existing well
is not reasonably likely to cause migration of the groundwater contamination
plume at the Durham Meadows Superfund Site or of other known areas
of contamination. Any testing of existing and proposed wells shall
be performed at the property owner's expense using methods acceptable
to EPA, CT DEEP and the Town of Durham Department of Health. The testing
must be performed at a laboratory certified by the State of Connecticut
Department of Public Health or EPA to perform drinking water analytical
testing for volatile organic compounds.
b.
Samples.
1.
For an existing well, the property owner shall provide sampling
results that document that the existing private water supply does
not contain contamination above the more stringent of the following
standards:
[a]
Federal or state drinking water and groundwater
standards (maximum contaminant levels), which standards are currently
codified in Sec. 19-13-B102 or Sec. 19-13-B101 of the State of Connecticut
Public Health Code;
[b]
Drinking water action levels established by the
State of Connecticut Department of Public Health pursuant to § 22a-471
of Connecticut General Statutes; and
[c]
Groundwater protection criteria as described in
Connecticut Remediation Standard Regulations pursuant to §§ 22a-133k-1
through 22a-133k-3 of the Regulations of Connecticut State Agencies,
as such standards may be amended from time to time.
2.
Groundwater in excess of any such standard shall be herein referred
to as "contaminated groundwater." For existing wells, the sample must
have been collected and analyzed within six months of the date of
the request for an exception. For a well that has not yet been installed,
the property owner may be granted a conditional exception that allows
installation of a well based on the information available at the time
of the submission of the request to install the well; however, the
property owner must provide sampling results within 60 days after
installation of the well that document that the newly installed well
does not contain contaminated groundwater. The exception to allow
use of this well will not be granted until the results have been reviewed
by the Town of Durham Department of Health and all other applicable
requirements of the exception provision have been met.
c.
For existing wells or proposed wells, the property owner shall
certify that the property is not connected to a public water line.
d.
For a proposed well on a property that is connected to the water
line, the property owner must certify that any well that may be subject
to the exception is permanently and physically separated from the
internal plumbing system of the premises and a reduced pressure device
is installed to protect against a cross connection with the public
water supply.
e.
The property owner shall certify that they have read the information
provided by EPA and CT DEEP regarding the decision not to connect
to the water line. This information includes:
1.
Notice that EPA and CT DEEP cannot assure that the private well
will not be contaminated in the future;
2.
Notice that EPA and CT DEEP will not be performing regular monitoring
of the private water supply well; and
3.
Information relating to the implications under EPA policy and
regulations for noncompliance with a cleanup action or for actions
that may cause migration of groundwater contamination.
f.
The property owner shall perform monitoring of the water supply
as described in this subsection. The monitoring shall be performed
twice per year for the initial five years after the approval of the
exception and then annually thereafter. The well must be sampled and
tested for volatile organic compounds using methods acceptable to
EPA, CT DEEP and the Town of Durham Department of Health. The testing
must be performed at a laboratory certified by the State of Connecticut
Department of Public Health or EPA to perform drinking water analytical
testing for volatile organic compounds. Results of testing must be
transmitted to the Town of Durham Department of Health within 30 days
of the receipt of the sampling results by the property owner or within
90 days of the sampling of the water supply, whichever is sooner.
(2)
An exception granted under this subsection shall expire within
60 days of property transfer, and any new owner shall reapply for
the exception in order to receive approval to continue the use of
the well. Such an exception shall also expire if contaminated groundwater
is detected in the private well at any time in the future. If such
exception expires, the property owner shall be required to connect
to the water line at his or her expense.
(3)
Upon approval of an exception granted under this subsection,
the property owner shall record a notice in the Town of Durham property
records, which notice is noted on the most current deed for the property,
in such form as provided in Appendix A,[1] within 30 days of the approval of the exception. The notice
shall state that the property is subject to this chapter, is within
the Groundwater Management Zone for the Durham Meadows Superfund Site,
and that the exception that allows the continued use of the private
water supply well expires upon change in ownership of the property.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(4)
An exception granted under this subsection shall be terminated
by the Town of Durham Department of Health if any of the following
conditions, in the opinion of the Town of Durham Department of Health,
occur:
a.
The water supply is determined to contain contaminated groundwater
as a result of testing by the property owner, EPA, the State of Connecticut,
or the Town of Durham;
b.
A cross-connection with the public water supply is identified
by the Town of Durham; or
c.
EPA or CT DEEP notify the Town of Durham Department of Health
that contaminated groundwater is migrating in the direction of the
water supply, or the water supply may be influencing the migration
of the contamination.
(5)
If an exception granted under this subsection expires or is
terminated, the property owner shall abandon the well at the property
owner's expense within 30 days of the notice from the Town of
Durham Department of Health. The well abandonment shall be conducted
in accordance with the provisions of the Connecticut Well Drilling
Code and Rules, §§ 25- 126 through 25-137 of the General
Statutes and Regulations of the State of Connecticut and all applicable
regulations of the Town of Durham Health Department. The documentation
of well abandonment shall be submitted to the Town of Durham Health
Department within 30 days after the completion of well abandonment.
(6)
No exceptions shall be granted under this subsection if contaminated
groundwater is present beneath the property or if a well is reasonably
likely to cause migration of the groundwater contamination plume at
the Durham Meadows Superfund Site and other areas of contamination.
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(a)
The Town of Durham 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.
(b)
Any person, firm or corporation, being the owner or occupant of,
or having control or the use of land within, the GMZ who is found
to violate any provision of this chapter, may be cited in the amount
of $250 per day in accordance with the citation ordinance adopted
in accordance with Connecticut General Statutes § 7-152c.
Each day such violation is permitted to exist shall constitute a separate
offense.
