This chapter shall be known and be cited as the "Groundwater
and Vapor Intrusion Zones Ordinance" of the Town of Stratford, Connecticut.
As used in this chapter, the following terms shall have the
meanings indicated:
CTDEEP
The Connecticut Department of Energy and Environmental Protection.
The address to contact CTDEEP regarding matters related to this chapter
is CT Department of Energy and Environmental Protection, WPLR/Remediation,
79 Elm Street, Hartford, CT 06106. CTDEEP's phone number for
such matters is 860-424-3705.
GROUNDWATER
All water found beneath the surface of the ground, including
all subsurface water stored in bedrock and overburden aquifers and
recharge areas within the Groundwater Zone. Groundwater does not include
surface water bodies within the Groundwater Zone.
GROUNDWATER ZONE
The properties within the Town of Stratford as described in §
113-5 and as depicted in Exhibit A, as may be amended by the USEPA, with a reasonable opportunity
to comment by the CTDEEP.
SOIL VAPOR MITIGATION SYSTEM
A passive or active system that prevents or inhibits the
movement or migration of soil vapor (gas) into indoor living or occupied
spaces. Such active systems are similar to typical residential radon
reduction systems.
USEPA
The United States Environmental Protection Agency.
VAPOR INTRUSION
The movement or migration of vapor-forming chemicals from
a subsurface source, such as groundwater or soil gas, into an overlying
building or structure.
VAPOR INTRUSION ZONE
The properties within the Town of Stratford as described in §
113-5 and as depicted in Exhibit B, as may be amended by the USEPA, with a reasonable opportunity
to comment by the CTDEEP.
VOLATILE ORGANIC COMPOUNDS (VOCS)
Chemicals that contain carbon and easily become or turn into
vapors or gasses. VOCs in the Groundwater Zone and Vapor Intrusion
Zone include benzene; chlorobenzene; ethylbenzene; chloroform; trichloroethene
(TCE); 1,1-dichloroethylene (1,1-DCE); 1,1-dichloroethane, and vinyl
chloride.
[Amended 4-8-2019 by Ord.
No. 19-04]
A. There is hereby established within the Town of Stratford a Groundwater
Zone, as depicted in Exhibit A, and a sub-area of that Zone referred to as the "Vapor
Intrusion Zone," as depicted in Exhibit B.
B. The Groundwater Zone is an area impacted by a plume of contaminated
groundwater emanating from the former Raymark facility where controls
are needed to prevent the use or consumption of groundwater and to
prevent the further migration of groundwater or a change in groundwater
hydrology (flows) due to the use, extraction, or pumping of groundwater.
C. The Vapor Intrusion Zone is a sub-area within the Groundwater Zone
where controls are also needed (in addition to the groundwater controls)
to mitigate the potential migration of contaminated vapors into indoor
living or occupied spaces or where evaluation has been conducted or
is needed to determine if such controls are not necessary.
D. The particular properties contained within each Zone are generally
located in the area of Barnum Avenue Cutoff, Ferry Boulevard, and
Housatonic Avenue as depicted in Exhibit A (Groundwater Zone) and
Exhibit B (Vapor Intrusion Zone) and can be identified using Assessor's
maps that are on file at the Town of Stratford office of the Assessor
and can be viewed online at the Town of Stratford's website.
The boundaries of each Zone have been set based on the available data
and known facts in consultation with the USEPA and CTDEEP.
E. The Zones depicted in Exhibit A and Exhibit B are subject to future
revision by the USEPA, with a reasonable opportunity to comment by
the CTDEEP. Any revision to the Zones as shown on Exhibit A or B will
be maintained in the files of the Town of Stratford Health Department,
the office of the Town Clerk, and the office of the Assessor.
Within the Groundwater Zone, which encompasses and includes the Vapor Intrusion Zone, the following restrictions shall apply, except as specifically provided in §
113-7, Exceptions and permitted uses:
A. The extraction, consumption, or utilization of groundwater for any
purpose, including, without limitation, irrigation and residential
wells, is strictly prohibited. No well shall be dug, reactivated,
used, or created in any way.
B. Any existing groundwater well 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
Stratford Health Department. Such a well shall be legally abandoned
in conformance with state and Town regulations within 90 days of the
effective date of this chapter.
C. Within the Vapor Intrusion Zone, which is a sub-area located within the Groundwater Zone, the following restrictions shall apply in addition to the use restrictions in Subsections
A and
B above, except as specifically provided in §
113-7, Exceptions and permitted uses. The following restrictions do not apply outside of the Vapor Intrusion Zone:
(1) Each building in residential use containing an indoor (interior)
living space or containing an indoor living space connected to an
enclosed nonliving space (such as an enclosed garage) shall have a
functioning soil vapor mitigation system. Each building in commercial,
industrial, and/or other nonresidential use shall have a functioning
soil vapor mitigation system. A list of buildings that have soil vapor
mitigation systems is on file at the Town of Stratford Health Department,
and such properties are identified on property cards in the office
of the Assessor.
(2) For property in residential use, the installation of a soil vapor
mitigation system shall be required for any building constructed or
expanded after the effective date of this chapter containing an indoor
(interior) living space or containing an indoor living space connected
to an enclosed nonliving space (such as an enclosed garage).
(3) For property in commercial, industrial, and/or other nonresidential
use, the installation of a soil vapor mitigation system shall be required
for any building constructed or expanded after the effective date
of this chapter containing an indoor (interior) space.
(4) Any person proposing development, demolition, excavation, grading,
or construction activities and seeking a building permit shall submit
his or her plans and receive written approval from the following Town
of Stratford Departments: Health, Engineering, and Building.
(5) The design and installation of all Soil Vapor Mitigation Systems
shall be approved in advance, in writing, by the CTDEEP and the US
EPA. A licensed contractor listed on the Connecticut Department of
Public Health's List of Qualified Radon Mitigation Professionals
shall be used to design and install an approved soil vapor mitigation
system.
(6) Except as approved pursuant to this subsection, no party shall modify,
alter, or destroy any soil vapor mitigation system, interfere with
the continued operation of the system, discontinue the use of any
system, or compromise the integrity of any slab or basement foundation
so as to create or potentially create a pathway for the migration
of soil vapor into a building. The alteration or modification of any
soil vapor mitigation system or the compromising of any slab or basement
foundation shall be approved in advance, in writing, by the CTDEEP.
If any party manipulates a soil vapor mitigation system so as to cause
the decreased function of the system, if any party is responsible
in any manner for a system's decreased function, or if any party
compromises the integrity of a slab or basement foundation, the obligation
and cost of repair shall be the responsibility of that party.
(7) The CTDEEP shall be contacted as soon as possible, but in no event
more than five days from the date of detection, regarding any soil
vapor mitigation system where a party or entity has knowledge that
such system is not functioning or is functioning on a decreased capacity.
The CTDEEP's phone number contact is 860-424-3705.