Conn. Agencies Regs. § 25-33h-1 - Coordinated water system plans
(a)
Definitions
(1) "Areawide
supplement" means a part of a coordinated water system plan which addresses
areawide water system concerns pertaining to the public water supply management
area which are not otherwise included in each water company's individual water
system plan . The supplement identifies the present and future water system
concerns, analyzes alternatives and sets forth a means for meeting those
concerns. An areawide supplement consists of a water supply assessment,
exclusive service area boundaries, integrated report, and executive
summary.
(2) "Commissioner" means
the commissioner of the Connecticut department of health services.
(3) "Coordinated water system plan " or
"coordinated plan " means
(a) the individual
water system plans of each public water system within a public water supply
management area, filed pursuant to section
25-32d of the
Connecticut General Statutes, and
(b) an areawide supplement to such plans
developed pursuant to public act 85-535 which addresses water system concerns
pertaining to the public water supply management area as a whole.
(4) "Department" means the
Connecticut department of health services or any duly authorized representative
thereof.
(5) "Exclusive service
area" means an area where public water is supplied by one system.
(6) "Municipal planning commission " means the
municipal planning or planning and zoning commission established under general
enabling act or special act.
(7)
"Public water supply management area" or "management area" means an area for
coordinated water supply planning determined by the commissioner of health
services to have similar water supply problems and characteristics.
(8) "Public water system" means any private,
municipal or regional utility supplying water to fifteen or more service
connections or twenty-five or more persons.
(9) "Regional planning agency" means regional
planning agencies as defined in section
8-31a through 8-37b of
the Connecticut General Statutes, regional councils of elected officials as
defined in section 4-124c through
4-124h of the
Connecticut General Statutes, where such councils have undertaken to exercise
the powers of a regional planning agency and regional councils of governments
as defined in section
4-124i
through
4-124p
of the Connecticut General Statutes.
(10) "Satellite management" means management
of a public water supply system by another public water system.
(11) "Shared" or "joint use facility" means
water supply facilities, source of supply or equipment developed, funded,
managed, owned or utilized by two or more public water systems.
(12) "User category" means metered
residential, metered commercial, metered industrial, metered public
authorities, unmetered residential, unmetered commercial, unmetered industrial,
unmetered public authorities, and nonrevenue water. Residential shall include
apartments and condominiums.
(13)
"Water utility coordinating committee" or "WUCC" means a committee consisting
of one representative from each public water system with a source of supply or
service area within the public water supply management area and one
representative from each regional planning agency within the public water
supply management area, elected by majority vote of the chief elected officials
of the municipalities that are members of such regional planning
agency.
(b)
Initiation of the Planning Process
(1) The commissioner of health services, in
consultation with the department of public utility control, the commissioner of
the department of environmental protection and the secretary of the office of
policy and management, shall delineate the preliminary boundaries of public
water supply management areas and establish preliminary priorities for
initiation of the planning process in accordance with the schedule established
in public act 85-535.
(2) In
accordance with the schedule established in public act 85-535, the commissioner
shall delineate the final public water supply management area boundaries and
establish final priorities for initiation of the planning process.
(3) After establishing final priorities, the
commissioner shall convene in priority order a WUCC for each management area to
implement the planning process.
(4)
The department may enter into contracts with consultants to provide services to
theWUCC in preparing the coordinated water system plan .
(5) The commissioner shall convene a WUCC by
publishing a legal notice in the Connecticut newspaper having the largest daily
circulation in the management area stating date, time and place of meeting and
eligibility requirements for membership. Based on the department's currently
available records, the department shall also mail a notice to each eligible
WUCC member as defined in subdivision (6).
(6) Eligible WUCC members are as follows:
(A) One representative of each public water
system which has either:
(i) A source of
supply within the management area which is a source of potable water approved
by the department, including reservoirs, wells, other water bodies and
associated watershed land, or
(ii)
A service area within the management area including areas where service is
currently provided to customers or where a public water system has the
authority to provide such service as determined by legal rights such as
legislative franchises, municipal charters, or interlocal agreements for the
sale of water.
(B) One
representative of each regional planning agency serving at least one
municipality within the management area as elected by majority vote of the
chief elected officials of the municipalities that are members of such regional
planning agency.
(7) The
department shall maintain and make available the list of eligible WUCC members
developed pursuant to subdivision (6). Any regional planning agency or public
water system which is not included on the membership list for a WUCC may
petition the department to be included. Such petition shall include the
following:
(A) Name and mailing address of
the public water system or regional planning agency making the
request;
(B) The management area in
question; and
(C) A statement of
basis for membership.
(8) Once a WUCC has been convened in an area,
it is the department's responsibility to inform new public water systems which
come to the department's attention of the existence of the WUCC and their
eligibility.
(c)
Responsibilities of the WUCC
(1)
A WUCC shall meet in each public water supply management area to prepare a
coordinated water system plan . The coordinated water system plan shall include
the individual water system plan of each public water system within the
management area, required pursuant to section
25-32d of the
Connecticut General Statutes, and an areawide supplement that addresses
areawide water system concerns pertaining to the management area which are not
otherwise included in each water company's individual water system
plan .
(2) The WUCC shall implement
the planning process established in public act 85-535. The planning process
shall maximize efficient and effective development of public water supply
systems and promote public health, safety and welfare.
(3) The work plan , meeting schedule, and
committee rules and procedures shall be adopted by the WUCC as required. After
the initial meeting convened by the commissioner, meetings of the WUCC shall be
convened on a schedule determined by the WUCC which facilitates maximum
participation of eligible members.
(4) The WUCC shall publish meeting times and
agendas, and shall record and make available for public inspection minutes of
meetings.
(5) Prior to beginning
work on the water supply assessment, the WUCC shall provide notice to all
eligible WUCC members, municipalities within the management area, and other
interested persons that a preliminary assessment of water supply conditions and
problems within the public water supply management area is being
undertaken.
(6) Prior to beginning
work on the exclusive service area boundaries, the WUCC shall also provide
notice to all eligible WUCC members within the public water supply management
area that preliminary exclusive service area boundaries are being developed and
of their ability to participate.
(7) The WUCC shall solicit public comment and
document responses to comments. The public comment period shall be a minimum of
30 days.
(d)
Contents of the Coordinated Water System Plan
The coordinated water system
(1) The
individual water system plan of each public water system within a public water
supply management area, required to file such plan pursuant to section
25-32d of the
Connecticut General Statutes; and
(2) An areawide supplement that shall address
areawide water system concerns pertaining to the public water supply management
area which are not otherwise included in each water company's individual water
system plan . The areawide supplement consists of a water supply assessment,
exclusive service area boundaries, integrated report, and executive summary.
The areawide supplement shall include at least the following:
(A)
Water Supply Assessment
A water supply assessment shall be developed to evaluate water supply conditions and problems within the public water supply management area. The WUCC shall prepare a preliminary and then a final water supply assessment. The water supply assessment shall be a factual and concise report including at least the followng topics as they relate to public water systems in the public water supply management area:
(i)
Description of existing water systems, including
(aa) History of water quality, reliability,
service, and supply adequacy;
(bb)
General fire fighting capability of the utilities; and
(cc) Identification of major facilities which
need to be expanded, altered, or replaced.
(ii) Availability and adequacy of any future
water source(s).
(iii) Existing
service area boundaries and public water system limits established by statute,
special act or administrative decision, including a map of established
boundaries, and identification of systems without boundaries.
(iv) Present and projected growth rates,
including population data, land use patterns and trends, and identification of
lands available for development.
(v) Status of water system planning, land use
planning and coordination between public water systems.
(B)
Exclusive Service Area
Boundaries
Based on the final water supply assessment, the WUCC shall establish exclusive service area boundaries within the management area delineating each public water system's future service area. The WUCC shall prepare preliminary and then final exclusive service area boundaries.
(i) In establishing exclusive service area
boundaries, the WUCC shall:
(aa) Allow
utilities to maintain existing service areas;
(bb) Not leave areas as unserviced islands,
unless it can be demonstrated that there is not and will be no future need for
public water service; and
(cc) Not
allow new service areas or main extensions which create duplication or overlap
of services.
(ii) The
following factors shall be utilized in determining exclusive service area
boundaries:
(aa) Existing water service
area;
(bb) Land use plans, zoning
regulations, and growth trends;
(cc) Physical limitations to water
service;
(dd) Political
boundaries;
(ee) Water company
rights as established by statute, special act or administrative
decisions;
(ff) System hydraulics,
including potential elevations or pressure zones; and
(gg) Ability of a water system to provide a
pure and adequate supply of water now and into the future.
(iii) A plan for exclusive service areas
within the public water supply management area shall be developed, including:
(aa) A map or maps at a scale of 1:50,000
depicting existing and future service areas within the exclusive service area
boundaries.
(bb) A reference list
of existing service area or supply agreements between public water systems or
localities, including charter or enabling act revisions as applicable and a
brief description of terms of agreement including dates and length of
agreement.
(cc) Description of
future service area boundaries.
(C)
Integrated Report
An integrated report shall be developed which provides an overview of individual public water systems within the management area; addresses areawide water supply issues, concerns, and needs; and promotes cooperation among public water systems.
The integrated report shall contain at least the following:
(i) An areawide overview
which integrates individual water system plans. This should include at least
the following:
(aa) Population and consumption
projections for 5, 20 and 50 year planning periods for the public water supply
management area as a whole and for each municipality within the area.
(bb) Projected population, historical and
projected water demand by user category for 5, 20 and 50 year planning periods
for each public water system's exclusive service area and for the combined
service areas.
(cc) Sources of
supply, safe yield and amounts of purchased water available for 5, 20, and 50
year planning periods for each public water system's exclusive service area and
for the combined service areas.
(dd) Determination of the amount and
percentage of projected population within each muncipality within the public
water supply management area to be serviced by public water supplies for 5, 20
and 50 year planning periods.
(ee)
Identification of areas not within exclusive service area boundaries and
discussion of water supply alternatives. Attention should be given to existing
and potential water quality problems, supply availability, population
projections, and development potential.
(ii) Discussion of the relationship and
compatibility of the coordinated water system plan with proposed or adopted
land use plans and growth policies, as reflected in local, regional and state
plans. Consideration should be given to both protection and development of
public water supply sources and to availability of public water
service.
(iii) Evaluation and
identification in priority order of alternative water sources recommended to
supply future areawide water system needs. Include appropriate ground or
surface water studies, safe yield estimates and arrangement for development and
delivery of the water supply.
(iv)
Plans for any necessary interconnection of both raw and treated water between
public water systems for both daily and emergency water supply use, which shall
include:
(aa) A list and description of
existing and future interconnections. Specify legal, technical and financial
requirements for use and any source, hydraulic or contractual limitations for
use. Identify source of supply, size, location, operating controls and
management. Include a schedule for facility development, noting limitations to
proposed development, and a schedule for negotiation of any new contract or
renewal for sale or purchase of water.
(bb) Assessment of the need for and impact of
potential interconnections between public water supply systems within the
management area and with adjacent public water supply management
areas.
(cc) Discussion and
assessment of water quality compatibility between interconnections.
(v) A plan for joint use,
management or ownership of services, equipment, or facilities, including:
(aa) A list of existing and planned shared or
joint use facilities, together with documentation from the utilities involved
outlining limitations on and arrangements and schedules for development, use,
operation, and maintenance of such facilities.
(bb) Identification of services and equipment
which could be made available to other utilities such as but not limited to
leak detection and repair, and emergency equipment.
(vi) A plan for satellite management or
transfer of ownership which shall include:
(aa) Identification of utilities which have
both the ability and willingness to assume satellite management of another
system or systems, whether within or outside the public water supply management
area, and a map identifying areas within which the respective utilities will
provide satellite management.
(bb)
Identification of public water systems willing to have satellite management
provided by another utility, or willing to transfer ownership to another
utility.
(cc) Development of a
water system satellite management program and schedule for its
implementation.
(vii)
Provisions for minimum design standards applicable to all water system
improvements and all new public water systems within the management area. Any
minimum design standard established by a WUCC shall be at least as stringent as
those standards recognized by the department.
(viii) Presentation of financial data as
related to areawide issues such as interconnections, shared or joint use
facilities, regional projects, and information not included in individual water
system plans.
(ix) Consideration of
the potential impacts of the plan on other uses of water resources, including
water quality, flood management, recreation, hydropower, and aquatic habitat
issues.
(D)
Executive Summary
An executive summary shall be prepared by the WUCC to serve as
an abbreviated overview of the coordinated water system
(i) Maps at a scale of 1:50,000 of existing
and potential service areas within exclusive service area boundaries identified
in subdivision (d) (2) (B).
(ii)
Maps at a scale of 1:50,000 of existing and future sources of public water
supply, including watersheds, reservoirs, wells, stream diversions, treatment
facilities, and shared or joint-use facilities including
interconnections.
(iii) A brief
summary of the water supply assessment for the public water supply management
area.
(iv) A summary table of
current and projected population, water demand by user category, and safe yield
of existing and potential sources of supply for each exclusive service area and
the public water supply management area as a whole.
(v) A brief summary of plans for
interconnections, joint use facilities, and satellite management.
(vi) A summary of the potential impact of the
coordinated water system plan on other uses of water resources.
(vii) Pertinent financial
information.
(viii) Other factors
deemed relevant.
(ix) A copy of the
table of contents and lists of figures, tables, and maps contained in the full
coordinated water system plan .
(e)
Plan Preparation
In preparing the
(1) Population projections prepared by the
Connecticut office of policy and management.
(2) The maintenance of an adequate margin of
safety between supply and demand as approved by the department.
(3) Gallons as a unit of measure.
(4) Maps and graphs and other supporting
materials as necessary.
(5) Five
years from the time of plan preparation and 20 to 50 years from the last
decennial census as the planning periods for projecting future demand and
planning facilities to meet future water supply needs. The WUCC shall consult
with the department as to the level of detail required in reference to each
planning period.
(6) Safe yield
information as calculated in accordance with section
25-32d-1 of
the Regulations of Connecticut State Agencies.
(7) Watershed boundaries and drainage areas
within basins as defined by the Connecticut department of environmental
protection.
(f)
Plan Submission
(1) The WUCC
shall submit the following documents to the department in accordance with the
following schedule:
(A) After soliciting and
responding to comments from regional planning agencies, municipalities, state
agencies, and other interested persons, a final water supply assessment shall
be prepared. The final water supply assessment shall be submitted within 6
months of the first meeting.
(B)
Preliminary exclusive service area boundaries shall be submitted within 9
months of the first meeting. The WUCC shall make the preliminary exclusive
service area boundaries available for public review and comment.
(C) After soliciting and responding to
comments from regional planning agencies, municipalities, state agencies, and
other interested persons, final exclusive service area boundaries shall be
established. The final exclusive service area boundaries shall be submitted
within 12 months of the first meeting.
(D) If exclusive service area boundaries have
not been established and submitted to the department within the time schedule
established in subdivision (B), the WUCC shall provide to the department
documentation that the WUCC has consulted with the department of public utility
control, a summary discussion of unresolved issues, identification of persons
affected by the conflict, and additional information as necessary. At the
discretion of the commissioner, a hearing may be held to receive comment on
exclusive service area boundaries. The department shall then establish
exclusive service area boundaries in disputed areas in accordance with public
act 85-535.
(E) The WUCC shall
prepare a coordinated water system plan and solicit comments thereon in
accordance with public act 85-535. The coordinated plan and copies of comments
shall be submitted to the commissioner within 24 months of the first
meeting.
(2) A request
for an extended schedule shall be submitted in writing by the WUCC to the
department. The request shall detail reasons for not meeting the required
schedule, and propose a revised schedule. The request shall be submitted at
least thirty days prior to the scheduled submission date. The department will
review the request and may at its discretion approve a revised schedule for
plan submission and consideration.
(3) The department shall inform the WUCC of
any additional information which is necessary to comply with these regulations
and shall develop a schedule for its submission. Copies of any additional
information shall be submitted by the WUCC in the same manner as the
plan .
(g)
Plan
Approval
After the WUCC has completed the coordinated water system
(1) The department shall publish legal notice
in the Connecticut newspaper having the largest daily circulation within the
management area of the existence and availability of the coordinated plan for
public comment.
(2) The department
in making a decision to approve or reject a coordinated water system plan shall
consider at least the following:
(A) Ability
to provide pure, adequate and reliable water supplies for present and projected
future customers;
(B) Potential
conflict over the use of such supplies;
(C) Adherence to public act 85-535;
(D) Extent to which the plan identifies water
supply problems within the public water supply management area and provides
solutions to those problems;
(E)
Consistency with local, regional, and state land use plans and growth
policies;
(F) Appropriateness of
exclusive service area boundaries in relation to local, regional, and state
growth policies, and the extent to which any areas are left as islands or areas
isolated outside proposed exclusive service area boundaries;
(G) Integration of public water systems,
consistent with the protection and enhancement of public health and
well-being;
(H) Impact on other
uses of water resources;
(I) Extent
to which minimum design standards are sufficient and appropriate;
(J) Public comment;
(K) Availability of alternate sources of
water supplies;
(L) Consistency
with existing state agency regulatory programs and statutory
requirements;
(M) Compatibility
with plans of other public water supply management areas;
(N) Comments received from the department of
environmental protection, department of public utility control, the office of
policy and management, municipalities, regional planning agencies, local and
regional health departments, or other interested persons; and
(O) Any other factors deemed
relevant.
(3) The
department may, at its discretion, schedule a public hearing within the public
water supply management area to receive public comment on a coordinated water
system plan .
(h)
Plan Distribution
The WUCC shall solicit comments and distribute copies of the
(1) Water supply assessment and exclusive
service area boundaries
(A) Submit three
copies each of the preliminary and final water supply assessment and
preliminary and final exclusive service area boundaries to the departments of
health services and environmental protection and two copies each to the
department of public utilities control and office of policy and
management.
(B) Submit one copy
each of the preliminary and final water supply assessment and preliminary and
final exclusive service area boundaries to each regional planning agency and
chief administrative official of municipalities within the management
area.
(C) Mail written notice of
the existence and availability of the preliminary water supply assessment and
preliminary exclusive service area boundaries and the opportunity to comment
thereon, to each municipal planning commission , local health official, eligible
WUCC member and other interested persons within the management area.
(D) Mail written notice of the existence and
availability of the final water supply assessment and final exclusive service
area boundaries to the individuals listed in subdivision (1) (C).
(E) Provide one copy for public viewing to
the department of health services and each regional planning agency with
municipalities within the management area.
(2) Coordinated plan
(A) Submit copies of the coordinated water
system plan to agencies listed in subdivision (1) (A).
(B) Distribute one copy of the executive
summary of the coordinated plan with notice of the existence and availability
of the complete coordinated water system plan and the opportunity to comment
thereon to each chief administrative official of municipalities within the
management area and to each regional planning agency and chief administrative
official with municipalities outside the management area in which a potential
source of supply is located.
(C)
Mail written notice of the existence and availability of the coordinated plan
and the opportunity to comment thereon to the individuals listed in subdivision
(1) (C).
(D) Submit three copies of
the coordinated plan and copies of all comments received by the WUCC to the
department of health services.
(3) Approved coordinated plan
(A) Submit copies of the approved coordinated
plan to agencies listed in subdivision (1) (A). In addition three copies shall
be submitted to each regional planning agency with a municipality within the
management area.
(B) Mail written
notice of the existence and availability of the approved coordinated plan to
individuals listed in subdivision (1) (C) and to the chief administrative
official of each municipality within the management area.
(C) Distribute a copy of the executive
summary of the approved coordinated plan to individuals listed in subdivision
(2) (B) if the department determines that there have been major modifications
since the distribution of the executive summary of the draft plan .
(D) Maintain one copy of the approved
coordinated plan for public viewing at the department of health services and
each regional planning agency with municipalities within the management
area.
(E) Maintain copies of
revised sections or amendments to the plans for public viewing as outlined in
subdivision (3) (D) and distribute revised sections or amendments in the same
manner as the plan .
(i)
Plan Updates
(1) The coordinated water system plan shall
be reviewed and updated by the WUCC at least every ten years or sooner, if the
WUCC or the department deems it necessary. If necessary, the commissioner shall
reconvene the WUCC for management area for this purpose. The department shall
inform the WUCC in writing of the section(s) of the plan requiring revisions
and of the reasons such revision is necessary. Such revised plan shall be
submitted within a reasonable schedule established by the department, and in
accordance with procedures for developing a coordinated water system
plan .
(2) The WUCC shall submit a
revised plan or an amendment to an existing plan whenever the department
determines that a significant component of an existing plan is no longer valid.
A revised plan or amendment shall be prepared by the WUCC whenever exclusive
service area boundaries are revised. A revised plan or an amendment shall be
distributed in the same manner as the coordinated water system plan .
(3) If the boundaries of the public water
supply management area are altered by the department pursuant to subsection (j)
the WUCC shall update the coordinated water system plan accordingly.
(j)
Alteration of Public
Water Supply Management Area Boundaries and Priorities
(1) Once the final water supply assessment
for a public water supply management area has been submitted to the department
by the WUCC, the management area boundaries may not be altered until the
coordinated water system plan is completed.
(2) Alteration of public water supply
management area boundaries or priorities may be initiated by the department in
accordance with the procedures and criteria for establishing boundaries and
priorities.
(3) The coordinated
water system plan shall be revised as necessary, due to alteration of public
water supply management area boundaries, within six months of the date of such
action, unless an extended schedule is approved by the department.
(k)
Plan Implemented
(1) To the extent feasible, any permit issued
by the department pursuant to chapter 474 of the Connecticut General Statutes
shall be consistent with any approved coordinated water system plan .
(2) Water utilities are responsible for
providing adequate service as requested by consumers and under terms otherwise
provided by statute, regulation and ordinance within their exclusive service
area boundaries within a reasonable time frame. This may include but not be
limited to development of supply sources, main extensions, or satellite
management.
(3) No public water
supply system may be approved within a public water supply management area
after the commissioner has convened a WUCC unless an existing public water
supply system is unable to provide water service or the WUCC recommends such
approval.
(4) All individual public
water supply plans submitted pursuant to section
25-32d of the
Connecticut General Statutes shall be consistent with all applicable approved
coordinated water system plans.
(5)
Unless otherwise approved by the department, all new public water systems and
system improvements within a management area for which a coordinated water
system plan has been approved shall conform to or exceed minimum design
provisions developed by the WUCC.
Notes
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No prior version found.