Conn. Agencies Regs. § 22a-377(c)-2 - Permits under the Connecticut water diversion policy act

Current through March 4, 2022

(a)
(1) An application for a permit to divert water shall be made on a form available from the Commissioner and shall provide the information described in section 22a-369(1) to 22a-369(10), inclusive, of the general statutes. If the proposed diversion involves a withdrawal of ground water and can reasonably be expected to change the boundaries of an area of contribution or recharge areas of a well field as delineated on a Level A Map approved under section 22a-354d of the general statutes, the applicant shall submit a revised Level A Map prepared in accordance with section 22a-354b-1 of the Regulations of Connecticut State Agencies.
(2) For purposes of section 22a-369(7) of the general statutes, the effect of the proposed diversion shall be evaluated using stream flows, where applicable, with the following recurrence intervals:
(A) for low flows: seven-day ten-year, seven-day two-year, thirty-day two-year, and annual average flows;
(B) for high flows: peak flows corresponding to the probable maximum flood, half probable maximum flood, and 500-year, 100-year, 50-year, 10-year, and 2-year flood events and average annual flows; and
(C) a critical dry period with a 1 in 100 year chance of occurrence. For purposes of this subsection and section 22a-369 of the general statutes, "drought" and "critical dry period" shall include low flows or water shortages whether resulting from meteorological conditions or human use.
(3) If at any time during review of an application the Commissioner, pursuant to section 22a-371(a) of the general statutes, requests additional information from the applicant, the applicant shall provide such information within four months of the request. Unless the information is provided within such time the Commissioner shall return the application to the applicant in accordance with section 22a-371(b) of the general statutes.
(b) Long-range water conservation plans submitted under section 22a-369(9) of the General Statutes shall contain the information described in such section and shall:
(1) fully describe the policies and goals of the applicant's long-range water conservation efforts, the actions taken or to be taken in furtherance of such policies and goals, an implementation schedule for such actions, and a detailed program for measuring, in terms of quantities of water saved or to be saved, the effectiveness of the applicant's water conservation efforts;
(2) determine, pursuant to section 22a-369(9) (A) of the General Statutes, the volume of lost or unaccounted for water, based on the average of available data from the five years immediately preceding submission of the application or, if such data are unavailable, on the most current of existing data; and
(3) fully describe the applicant's leak detection and repair program and, in the case of an application to divert water for public water supply, any leak detection services offered to consumers.
(c)
(1) If the Commissioner, in consultation with the Department of Health Services and Department of Public Utility Control, determines that a permit applicant's plan under section 22a-369(9) of the General Statutes to correct sources of lost or unaccounted for water is inadequate considering all relevant factors, including the nature of the applicant's water supply and distribution system, the Commissioner shall request, pursuant to section 22a-371 of the General Statutes, that the applicant provide a plan to reduce lost or unaccounted for water to an acceptable level. Such plan shall include, in addition to any other information requested, a schedule to implement remedial actions and a detailed program for measuring the effectiveness of such actions.
(2) If after the Commissioner notifies the applicant pursuant to subsection (c) of section 22a-371 of the General Statutes that the application is complete and it appears that the applicant's plan under section 22a-369(9) of the General Statutes to correct sources of lost or unaccounted for water is inadequate, the Commissioner may condition any permit granted to require that the applicant provide a plan, as described in subdivision (1) of this subsection, to reduce lost or unaccounted for water to an acceptable level, to implement such plan in accordance with an approved schedule, and to monitor the effectiveness of such plan as implemented. Nothing in this subdivision shall preclude the Commissioner from denying a permit application.
(d) Environmental impact reports submitted under section 22a-369(10) of the General Statutes shall contain the information described in such section. The terms "donor basin" as used in such section and "drainage basin" as used in this subsection shall include that area which will or is reasonably likely to be affected by the proposed diversion. An environmental impact report shall not be deemed to satisfy section 22a-369(10) of the General Statutes unless it:
(1) identifies existing water uses, existing and potential (for at least 25 years) conflicts in water use, and existing and projected (for at least 25 years) water supply needs and demands in the affected drainage basin(s);
(2) evaluates the social and economic effects of the proposed diversion on the affected drainage basin(s), including the capacity of remaining water resources to support existing and projected growth and development for at least 25 years;
(3) evaluates the potential effects in the affected drainage basin(s) for at least 25 years of the proposed diversion on water supply needs and demands, wastewater treatment, waste assimilation, power generation, flood management, navigation, water quality, recreation, wetland habitat, agriculture, fish and wildlife, and maintenance of adequate flows for the foregoing needs and resources;
(4) evaluates alternatives to the proposed diversion, including water conservation measures, and the financial costs and environmental impacts of each such alternative;
(5) identifies any water resource conflicts that will or are reasonably likely to result from the proposed diversion for at least 25 years, and evaluates means for resolving such conflicts and the financial costs and environmental impacts of each such means; and
(6) evaluates the effects of the proposed diversion together with the effects of the other diversions which the applicant reasonably expects to commence or maintain in the future.
(e) The Commissioner may condition a permit to require the construction of low flow and higher flow channels if appropriate for protecting aquatic resources.
(f) In making a decision on a permit application, the Commissioner shall consider the factors described in this section, and in subsections (b) and (c) of section 22a-373 of the General Statutes. Furthermore, no permit shall be issued unless the applicant demonstrates that:
(1) the proposed diversion is consistent with the standards, criteria, policies, and water quality classifications for ground and surface water adopted and amended under section 22a-426 of the General Statutes;
(2) the proposed diversion is consistent with the policies and requirements of chapter 440 of the General Statutes and regulations thereunder;
(3) the proposed diversion is designed and will be carried out so as to minimize and, if possible, eliminate flooding and flood hazards, and to be consistent with the policies and requirements of chapter 476a of the General Statutes and regulations thereunder;
(4) if it is within or may significantly affect the coastal area as defined by subsection (a) of section 22a-94 of the General Statutes, the proposed diversion is consistent with the goals and policies of chapter 444 of the General Statutes; and
(5) the proposed diversion is consistent with the relevant policies of the State Plan of Conservation and Development adopted under sections 16a-24 to 16a-32, inclusive, of the General Statutes (copies of such Plan are available at the Connecticut Office of Policy and Management).
(g) If the applicant for a permit will not be the user of all or a portion of the waters proposed to be diverted, the applicant and users shall jointly make application for the permit. For purposes of this subsection, a consumer, as that term is defined by section 25-32a of the General Statutes, shall not be deemed a user.
(h)
(1) The Commissioner shall establish the duration of each diversion permit in light of all relevant factors, including but not limited to:
(A) the extent to which the waters affected by such permit have already been allocated;
(B) the uses to which such previously-allocated waters are put, including non-consumptive uses;
(C) the need for water system rehabilitation or for an effective water conservation program; and
(D) the factors set out in this section and sections 22a-369 and 22a-373 of the General Statutes.

In no event shall a permit authorize any diversion for a period greater than twenty-five years. Nothing in this subsection shall preclude the Commissioner from instituting proceedings to suspend, modify, or revoke any permit.

(2) An application for renewal or modification of a diversion permit shall be made and disposed of in accordance with the provisions of this section.
(i) Diversion permits shall contain the following standard conditions in addition to any other conditions which the Commissioner deems appropriate for accomplishing the purposes of sections 22a-365 to 22a-378, inclusive, of the General Statutes and this section:
(1) The permittee shall notify the Commissioner in writing two weeks prior to:
(A) commencing construction or modification of structures or facilities authorized herein; and
(B) initiating the diversion authorized herein.
(2) The permittee may not make any alterations, except de minimis alterations, to any structure, facility, or activity authorized by this permit unless the permittee applies for and receives a modification of this permit in accordance with the provisions of section 22a-377(c) -2 of the Regulations of Connecticut State Agencies. Except as authorized by subdivision (5) of section 22a-377(b) -1 (a) of the Regulations of Connecticut State Agencies, the permittee may not make any de minimis alterations to any structure, facility, or activity authorized by this permit without written permission from the Commissioner. A de minimis alteration means an alteration which does not significantly increase the quantity of water diverted or significantly change the capacity to divert water.
(3) All structures, facilities, or activities constructed, maintained, or conducted pursuant hereto shall be consistent with the terms and conditions of this permit, and any structure, facility or activity not specifically authorized by this permit, or exempted pursuant to section 22a-377 of the General Statutes or section 22a-377(b) -1 of the Regulations of Connecticut State Agencies, shall constitute a violation hereof which may result in modification, revocation or suspension of this permit or in the institution of other legal proceedings to enforce its terms and conditions.
(4) Unless the permittee maintains in optimal condition any structures or facilities authorized by this permit, the permittee shall remove such structures and facilities and restore the affected waters to their condition prior to construction of such structures or facilities.
(5) In issuing this permit, the Commissioner has relied on information provided by the permittee. If such information was false, incomplete, or misleading, this permit may be modified, suspended or revoked and the permittee may be subject to any other remedies or penalties provided by law.
(6) If construction of any structures or facilities authorized herein is not completed within three years of issuance of this permit or within such other time as may be provided by this permit, or if any activity authorized herein is not commenced within three years of issuance of this permit or within such other time as may be provided by this permit, this permit shall expire three years after issuance or at the end of such other time.
(7) This permit is subject to and does not derogate any rights or powers of the State of Connecticut, conveys no property rights or exclusive privileges, and is subject to all public and private rights and to all applicable federal, state, and local law. In constructing or maintaining any structure or facility or conducting any activity authorized herein, the permittee may not cause pollution, impairment, or destruction of the air, water, or other natural resources of this State. The issuance of this permit shall not create any presumption that this permit should be renewed.
(8) In constructing or maintaining any structure or facility or conducting any activity authorized herein, or in removing any such structure or facility under paragraph 4 hereof, the permittee shall employ best management practices to control storm water discharges, to prevent erosion and sedimentation, and to otherwise prevent pollution of wetlands and other waters of the State. The permittee shall immediately inform the Commissioner of any adverse impact or hazard to the environment which occurs or is likely to occur as the direct or indirect result of the construction, maintenance, or conduct of structures, facilities, or activities authorized herein.
(9) This permit is not transferable without the prior written consent of the Commissioner.
(10) This permit shall expire on (date).

Notes

Conn. Agencies Regs. § 22a-377(c)-2
Effective June 21, 1991

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