Conn. Agencies Regs. § 22a-377(c)-1 - Regulated activities and registered diversions under the Connecticut water diversion policy act

Current through March 4, 2022

(a) Any diversion as defined in section 22a-367(2) of the General Statutes, including construction of structures and facilities, is subject to the provisions of this section and section 22a-377(c) -2 of the Regulations of Connecticut State Agencies and sections 22a-365 through 22a-378, inclusive, of the General Statutes unless registered pursuant to section 22a-368 of the General Statutes or exempted by section 22a-377 of the General Statutes or section 22a-377(b) -1 of the Regulations of Connecticut State Agencies. Such diversions include but are not limited to:
(1) withdrawal of groundwater from one or more wells joined in one system whose combined maximum withdrawal exceeds fifty thousand (50,000) gallons of water during any twenty-four hour period, and withdrawal of surface waters in excess of fifty thousand (50,000) gallons during any twenty-four hour period;
(2) collection and discharge of runoff, including storm water drainage or skimming flood flows, from a watershed area of 100 acres or greater;
(3) relocation, retention, detention, bypass, channelization, piping, culverting, ditching, or damming of waters where the drainage area tributary to such waters is 100 acres or greater; and
(4) transfer of water from one distribution system to another where the combined maximum withdrawal from any source supplying the system or interconnected systems exceeds fifty thousand (50,000) gallons during any twenty-four hour period.
(b) Any person or municipality which has received a permit to divert water may maintain such diversion only in accordance with the terms of the permit.
(c)
(1) Any person or municipality which registered a diversion pursuant to section 22a-368 of the General Statutes may maintain such diversion only in accordance with the information provided in the registration form filed with the Commissioner. Any person or municipality which registered a diversion pursuant to section 22a-368 of the General Statutes may not cause or allow any modification of such diversion, including but not limited to an increase in withdrawal capacity, without having first obtained a permit under sections 22a-365 to 22a-378, inclusive, of the General Statutes and 22a-377(c)-2 of the Regulations of Connecticut State Agencies, unless such modification is exempt under section 22a-377 of the General Statutes or section 22a-377(b) -1 of the Regulations of Connecticut State Agencies.
(2)
(A) Whenever the Commissioner has a reasonable basis to believe, as a result of information received from the registrant or otherwise, that any person or municipality which registered a diversion pursuant to section 22a-368 of the General Statutes provided in the registration form filed with the Commissioner any information which was incorrect, imprecise or incomplete, or which otherwise did not properly indicate the extent of the diversion to which the registrant was rightfully entitled under such section, the Commissioner may issue to such registrant a notice of inquiry describing wherein the registrant's responses were inaccurate or deficient and establishing a time within which the registrant may file an amendment to the registration curing such inaccuracies or deficiencies. A notice of inquiry shall be served by certified mail, return receipt requested.
(B) The Commissioner may not issue a notice of inquiry later than five years after the effective date of this section.
(C) If a registrant does not file a timely amendment to the registration curing the inaccuracies or deficiencies described in the notice or does not file an answer disputing the notice by the date the amendment was to have been filed, such registrant may not maintain the subject diversion except as authorized by permit. An answer to a notice of inquiry shall be filed in writing with the Commissioner and shall state with particularity the grounds for disputing the notice.
(D) Upon the filing of an answer disputing a notice of inquiry the Commissioner shall schedule a hearing and, unless the dispute is resolved by the agreement of all parties, shall hold a hearing in accordance with the provisions of chapter 54 of the General Statutes and section 22a-3a-1 of the Regulations of Connecticut State Agencies. The registrant shall have the burden of persuasion with respect to any facts upon which he relies in support of his answer to the notice of inquiry.
(E) In making a final decision the Commissioner shall consider all relevant factors, including, as applicable, the registrant's water use, withdrawal history, system location and characteristics, and installed capacity. Unless otherwise provided by law, any person or municipality which filed an answer to a notice of inquiry shall maintain the subject diversion only in accordance with the terms of the final decision, whether issued by stipulation or after hearing.
(3) If a registrant to whom a notice of inquiry is issued pursuant to subdivision (2) of this subsection files with the Commissioner a timely amendment to his registration, which amendment purports to cure the asserted inaccuracies or deficiencies but in fact does not cure such inaccuracies or deficiencies, the Commissioner shall schedule and hold a hearing in accordance with the provisions of subdivision (2) of this subsection.
(4)
(A) Any person or municipality which registered a diversion pursuant to section 22a-368 of the General Statutes may file with the Commissioner in writing a petition to correct any information such person or municipality provided in the registration form filed with the Commissioner. A petition to correct shall state with particularity the grounds therefor.
(B) The Commissioner may deny a petition to correct without holding a hearing. If the Commissioner denies a petition to correct without a hearing, the person or municipality petitioning for the correction may file a request for a hearing in accordance with the provisions of chapter 54 of the General Statutes and section 22a-3a-1 of the Regulations of Connecticut State Agencies. If the Commissioner tentatively determines that a petition to correct should be granted and any person or municipality has demonstrated in a properly filed petition for intervention that he or it is entitled to intervene with respect to such petition to correct, the Commissioner shall schedule and hold a hearing in accordance with the provisions of subdivision (2) of this subsection.

Notes

Conn. Agencies Regs. § 22a-377(c)-1
Effective March 21, 1990

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