reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-339i. - Aquatic invasive species management grant and prevention and education program. Allocation of funds. Regulations.

(a) There is established an aquatic invasive species management grant and prevention and education program that shall be administered by the Department of Energy and Environmental Protection. Pursuant to such program, the Commissioner of Energy and Environmental Protection may make a grant to any municipality for: (1) Up to seventy-five per cent of the cost of conducting an aquatic invasive species diagnostic feasibility study associated with the abatement of a population of an aquatic invasive species in an inland water body of this state; or (2) up to fifty per cent of the cost of conducting a project to restore an inland water body of the state through the control and management of a population of aquatic invasive species that exists in said inland water body as of July 1, 2014.
(b) In addition to making grants, as described in subsection (a) of this section, pursuant to such aquatic invasive species management grant and prevention and education program, the Commissioner of Energy and Environmental Protection may educate persons who engage in boating in this state on measures to prevent the spread of aquatic invasive species in the inland water bodies of this state and conduct a rapid response to a population of aquatic invasive species in an inland water body of this state that is identified after July 1, 2014.
(c) Not less than thirty per cent of any funds available to the Commissioner of Energy and Environmental Protection for such aquatic invasive species management grant and prevention and education program shall be used for the purpose of making grants in accordance with the provisions of subdivisions (1) and (2) of subsection (a) of this section. The remainder of any such funds shall be used for: (1) The prevention and education and rapid response efforts described in subsection (b) of this section, and (2) the administration of such program, provided not more than ten per cent of such funds shall be used for such administrative purposes.
(d) The Commissioner of Energy and Environmental Protection may adopt regulations, in accordance with the provisions of chapter 54, to implement the aquatic invasive species management grant and prevention and education program described in this section. Such regulations may include, but shall not be limited to, eligibility criteria and priorities for the award of any grant pursuant to subsection (a) of this section.
(P.A. 14-217, S. 248.)
History: P.A. 14-217 effective July 1, 2014.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-339j. - Water level draw downs at Bashan Lake.

On or before November 1, 2017, the Commissioner of Energy and Environmental Protection shall enter into an agreement with the town of East Haddam and the Bashan Lake Association regarding a schedule for annual water level draw downs of Bashan Lake. The agreed upon draw down level shall be required to control weeds, prevent property damage and erosion into said lake and prevent reduction in association property values. Such water level draw downs shall be designed to balance the various concerns of the lake community, including recreational needs, preservation of lakefront infrastructure, fisheries habitat and other natural resource concerns. On and after June 9, 2016, the Bashan Lake Association shall monitor Bashan Lake and submit any petition concerning such a draw down to the town of East Haddam not later than sixty days prior to the date of commencement for any such draw down.
(P.A. 16-141, S. 1.)
History: P.A. 16-141 effective June 9, 2016.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-340. (Formerly Sec. 25-3d). - Channels for access to and from deep water to uplands.

The commissioner shall have the power and authority, after a public hearing, subject to the issuance of a permit by the corps of engineers of the United States army, to designate and lay out channels and boat basins in lands under tidal and coastal waters for the purpose of providing access to and from deep water to uplands adjacent to or bordering on tidal and coastal waters and for the improvement of coastal and inland navigation by vessels, including small craft for recreational purposes with due regard for the recreational, commercial and navigational needs of the state. The commissioner shall promptly give written notice to the Connecticut Port Authority of any proceeding under this section, and shall consider such recommendations as the authority may submit to the commissioner not later than thirty days after the conclusion of public hearings thereon. The board of directors of the Connecticut Port Authority is authorized to initiate proceedings under this section.
(1963, P.A. 574, S. 3; 1969, P.A. 768, S. 255; 1971, P.A. 872, S. 43; June Sp. Sess. P.A. 15-5, S. 33.)
History: 1969 act added provisions requiring notification of transportation commissioner and setting forth his powers and duties re designation of channels and boat basins; 1971 act replaced references to water resources commission with references to environmental protection commissioner; Sec. 25-3d transferred to Sec. 22a-340 in 1983; June Sp. Sess. P.A. 15-5 replaced references to Commissioner of Transportation with references to Connecticut Port Authority and board of said authority and made technical and conforming changes, effective July 1, 2016.
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-341. (Formerly Sec. 25-4). - Approval of agreements or compacts.

No agreement or compact provided for in subsection (a) of section 22a-337 shall be entered into by said commissioner until it has been approved by the Governor and any such agreement or compact shall contain a provision that the agreement or compact shall not become effective until ratified by the General Assembly of this state.
(1949 Rev., S. 3568; 1971, P.A. 872, S. 44.)
History: 1971 act replaced reference to water resources commission with reference to environmental protection commissioner; Sec. 25-4 transferred to Sec. 22a-341 in 1983.
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-342a. - Civil penalty.

Any person who places any obstruction, encroachment or hindrance within any stream channel encroachment line established by the Commissioner of Energy and Environmental Protection pursuant to section 22a-342 without a permit issued under said section, or is maintaining any such obstruction, encroachment or hindrance placed without such a permit, or in violation of the terms and conditions of such permit shall be liable for a civil penalty of not more than one thousand dollars for each offense. Each violation shall be a separate and distinct offense and in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense. The Commissioner of Energy and Environmental Protection may request the Attorney General to bring a civil action in the superior court for the judicial district of Hartford to seek imposition and recovery of such civil penalty.
(P.A. 87-438, S. 2; P.A. 88-230, S. 1, 12; 88-364, S. 42, 123; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4–6; P.A. 98-209, S. 6; P.A. 11-80, S. 1.)
History: P.A. 88-230 replaced “judicial district of Hartford-New Britain at Hartford” with “judicial district of Hartford”, effective September 1, 1991; P.A. 88-364 made technical change; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 98-209 prohibited maintenance of obstructions, encroachments or hindrances beyond stream channel encroachment lines without a permit; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-343. (Formerly Sec. 25-4b). - Determination of lines.

The commissioner, in establishing such encroachment lines, shall base their location on the boundaries of the area which would be inundated by a flood similar in size to one or more recorded floods which have caused extensive damages in such area or on a size of flood computed by accepted methods applicable generally throughout the state or a region thereof. The determination of the size of the flood and the boundaries of the inundated area shall take into consideration the effects of probable future developments. The position of the lines may vary from the boundaries of the inundated area so as to minimize the area of land to be regulated when a portion of the inundated area does not contribute to the flood-carrying capacity of the waterway. The position of the lines shall, insofar as practical, equitably affect riparian properties and interests depending upon existing topography and shall be interdependent throughout the reaches of the waterway, and shall conform with the requirements of the federal government imposed as conditions for the construction of flood control projects. When the existing waterway, because of natural or man-made constrictions, is such that such lines cannot be established by standard engineering methods, a channel may be adopted, whereby the removal of such constrictions may be anticipated so that reasonable lines can be established by methods applicable to the state generally. When the flood boundary falls along the channel banks, the lines shall be placed at the top of the bank.
(1963, P.A. 435, S. 2; 1971, P.A. 872, S. 46.)
History: 1971 act replaced reference to water resources commission with reference to environmental protection commissioner; Sec. 25-4b transferred to Sec. 22a-343 in 1983.
Annotation to former section 25-4b:
Cited. 179 C. 250.
Annotation to present section:
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-345. (Formerly Sec. 25-4d). - Nonconforming uses. Taking of existing structures by commissioner.

When the establishment of such lines in accordance with sections 22a-342 to 22a-348, inclusive, requires that they be placed through portions of or so as to include entire existing structures within the regulated area, such structures or portions thereof shall be considered as a nonconforming use of the area, except that, if the structure is destroyed or damaged to the extent of more than fifty per cent of the fair market value, such structure shall be replaced or repaired only through a permit from the commissioner, provided the commissioner may define types of structures which may be reconstructed within such lines without a permit. Whenever the commissioner finds that existing structures or encroachments within the lines established constitute a hazard to life and property in the event of flood, he is empowered to take such land and structure as provided by part I of chapter 835 and cause removal of such encroachment.
(1963, P.A. 435, S. 4; 1971, P.A. 872, S. 48.)
History: 1971 act replaced references to water resources commission with references to environmental protection commissioner; Sec. 25-4d transferred to Sec. 22a-345 in 1983.
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-346. (Formerly Sec. 25-4e.) - Encroachment as nuisance.

After the commissioner has established such lines on any waterway or flood plain, any obstruction, encroachment or hindrance of any nature placed within such lines in the direction of the waterway, without specific authorization of the commissioner, shall be considered a public nuisance. The Attorney General shall, at the request of the commissioner, institute proceedings to enjoin and abate any such nuisance.
(1963, P.A. 435, S. 5; 1971, P.A. 872, S. 49.)
History: 1971 act replaced references to water resources commission with references to environmental protection commissioner; Sec. 25-4e transferred to Sec. 22a-346 in 1983.
See Sec. 22a-362 re structures or fill.
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-347. (Formerly Sec. 25-4f). - Regulations and procedures.

The commissioner may, subject to the provisions of subsection (a) of section 22a-6, adopt, revise and amend such rules, regulations and procedures as are necessary to carry out the purposes of sections 22a-342 to 22a-348, inclusive, in the public interest.
(1963, P.A. 435, S. 6; 1971, P.A. 872, S. 50.)
History: 1971 act replaced reference to water resources commission with reference to environmental protection commissioner and added phrase limiting commissioner's power to make and revise regulations and procedures; Sec. 25-4f transferred to Sec. 22a-347 in 1983.
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-348. (Formerly Sec. 25-4g). - Municipal powers.

(a) The provisions of sections 22a-342 to 22a-348, inclusive, shall not affect the provision of section 7-147 authorizing any town, city or borough to establish such lines within its jurisdiction prior to the establishment of lines by the commissioner, provided the commissioner may alter any lines, however established, upon finding such alterations are necessary to effectuate the purpose of said sections 22a-342 to 22a-348, inclusive, and section 25-69. If the commissioner has established lines within a municipality, the commissioner shall have exclusive jurisdiction over any encroachments within such lines.
(b) Notwithstanding the provisions of subsection (a) of this section, any town, city or borough may establish such lines at any time to comply with the eligibility provisions of the National Flood Insurance Program (44 CFR Part 59 et seq.).
(1963, P.A. 435, S. 7; 1971, P.A. 872, S. 51; P.A. 84-16; P.A. 88-327, S. 2, 3; P.A. 07-217, S. 115.)
History: 1971 act replaced references to water resources commission with references to environmental protection commissioner; Sec. 25-4g transferred to Sec. 22a-348 in 1983; P.A. 84-16 added Subsec. (b) authorizing towns to establish lines to comply with the National Flood Insurance Program; P.A. 88-327 added provisions to Subsec. (a) re exclusive jurisdiction of commissioner of environmental protection; P.A. 07-217 made a technical change in Subsec. (b), effective July 12, 2007.
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-349. (Formerly Sec. 25-4h). - Permitted agricultural or farming uses. Permitted uses within stream channel encroachment lines.

(a) The provisions of sections 22a-342 to 22a-348, inclusive, shall not be deemed to restrict agricultural or farming uses of lands located within the stream channel encroachment lines including the building of fences, provided this section shall not apply to farm buildings and farm structures.
(b) The following operations and uses shall be permitted within stream channel encroachment lines, as of right: (1) Lawns, gardens or vegetative plantings, (2) split rail fences, (3) open decks attached to residential structures, properly anchored in accordance with the State Building Code, (4) construction of minor structures to an existing facility for the purpose of providing handicap accessibility pursuant to the State Building Code, (5) temporary greenhouses or hoophouses constructed without permanent foundations and anchored pursuant to the State Building Code, (6) placement of fish habitat enhancement devices performed by or approved by the Commissioner of Environmental Protection, (7) demolition of an existing structure, (8) backfilling of foundations, (9) flood-proofing of existing structures, including, but not limited to, elevating structures in accordance with Federal Emergency Management Agency standards, (10) repair or installation of septic systems, (11) construction of irrigation systems, (12) installation of water monitoring structures performed by or approved by the Commissioner of Energy and Environmental Protection, (13) installation of dry hydrants, (14) driveway and roadway repair and maintenance that does not raise the existing road grade more than three inches, or (15) patios or walkways constructed at grade.
(P.A. 75-114, S. 1, 2; P.A. 05-174, S. 4; P.A. 11-80, S. 1.)
History: Sec. 25-4h transferred to Sec. 22a-349 in 1983; P.A. 05-174 designated existing provisions as Subsec. (a) and added new Subsec. (b) re permitted uses as of right within stream channel encroachment lines; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (b)(12), effective July 1, 2011.
Cited. 215 C. 616; 239 C. 124.
Cited. 24 CA 163.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-349b. - Permit program for certain commercial projects involving quarrying. Program requirements.

The Commissioner of Energy and Environmental Protection shall establish a permitting program for any commercial project that involves quarrying proposed on a parcel of property that consists of one hundred or fewer acres and that is located in a municipality that has a town meeting form of government and a population of not less than two thousand and not more than three thousand. Such permitting program shall require any person who seeks to engage in such commercial project that involves quarrying to submit to the commissioner any information requested by the commissioner, including, but not limited to, a statement of the environmental compatibility of such project with the nature of such property and all neighboring properties. Additionally, any such applicant shall submit a statement to the commissioner indicating why such parcel of property is the most suitable parcel for such project. Any person who seeks to engage in such commercial project that involves quarrying shall obtain a permit from the commissioner prior to commencing any work on such project. The commissioner shall not grant a permit for any such commercial project that involves quarrying if the commissioner determines that such project may adversely affect the quantity or quality of any surface water or groundwater.
(P.A. 11-80, S. 1; 11-190, S. 1.)
History: P.A. 11-190 effective July 13, 2011; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-349c. - Quarries. Geological source report. Operations plan.

(a) For the purposes of this section, “qualified geologist” means a geologist certified by the American Institute of Professional Geologists, licensed by the National Association of State Boards of Geology or certified or licensed by another organization deemed suitable by the State Geologist.
(b) (1) Not later than January 1, 2022, the operator of any quarry established on or before July 1, 2021, that produces aggregate for use in concrete intended for use or sale shall prepare a geological source report and provide such report to the State Geologist and Commissioner of Energy and Environmental Protection. Such report shall be prepared in a form and manner prescribed by the commissioner, and shall include, but need not be limited to, (A) the mining, processing, storage and quality control methods utilized by such operator, (B) a description of the characteristics of the aggregate to be excavated at such quarry, which shall be prepared by a qualified geologist, (C) a description of the products to be produced by such quarry, (D) a copy of the results of an inspection of face material and geologic log analysis completed by a qualified geologist, and (E) petrographic analyses of representative core samples, completed by a qualified geologist, unless such quarry is active and has a satisfactory performance history as determined by the commissioner. Not later than January 1, 2026, and every four years thereafter, such operator shall update such report and provide such updated report to the State Geologist and commissioner.
(2) The operator of any quarry established after July 1, 2021, that intends to produce aggregate for use in concrete intended for use or sale shall prepare a geological source report, described in subdivision (1) of this subsection, and provide such report to the State Geologist and commissioner prior to offering such aggregate for use or sale. Such operator shall update such report every four years thereafter and provide such updated report to the State Geologist and commissioner.
(3) Not later than January 1, 2022, and annually thereafter, the operator of each quarry that produces aggregate for use in concrete intended for use or sale shall provide such quarry's operations plan to the State Geologist and commissioner.
(P.A. 21-120, S. 8; June Sp. Sess. P.A. 21-2, S. 59.)
History: P.A. 21-120 effective July 1, 2021; June Sp. Sess. P.A. 21-2 amended Subsec. (b)(1)(E) by replacing “analyses of core samples” with “petrographic analyses of representative core samples”, effective July 1, 2021.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-350. (Formerly Sec. 25-5). - Study of conditions relating to flood control.

Said commissioner shall make a comprehensive study of all conditions, wherever located, in any way relating to: (a) The control of flood waters, the establishment of encroachment limits along waterways to provide reasonable flood discharge capacity, the flood control features of existing and future dams and reservoirs, the removal of stream obstructions caused by flood waters, the extent of damage caused by flood waters to property of the state, its political subdivisions, industry and agriculture and any necessary means or method by which such damage may be repaired or provided against in case of future floods; (b) river and harbor improvements, obstructions or encroachments in any of the navigable waters or tributaries within the state, and (c) any matters kindred thereto.
(1949 Rev., S. 3569; November, 1955, S. N192; 1971, P.A. 872, S. 52.)
History: 1971 act replaced reference to water resources commission with reference to environmental protection commissioner; Sec. 25-5 transferred to Sec. 22a-350 in 1983.
Annotation to former section 25-5:
Cited. 21 CS 407.
Annotation to present section:
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-351. (Formerly Sec. 25-5a). - Inventory of groundwater and surface water resources. Study of water policy needs.

(a) The Commissioner of Energy and Environmental Protection is authorized to carry out a ten-year program of detailed geological and hydrological studies and groundwater investigations and reports throughout the state by means of test drillings, observation wells and any other means necessary to determine groundwater resources, quality and potential supplies, and establish a complete inventory of groundwater resources of the entire state. The commissioner shall endeavor to gather and utilize any data or information obtained by any other state or federal agency or any municipal or private utility with a view toward coordination of all work of such similar nature.
(b) The commissioner is authorized to carry out a program of studies and investigations necessary to establish a complete inventory of surface water resources of the entire state and shall collect, utilize and coordinate the data and activities of any other state or federal agency or municipal or private utility or corporation.
(c) The commissioner may negotiate with any property owner such terms, agreements or contracts as may be necessary or convenient in connection with carrying out the duties required by this section.
(1959, P.A. 594; 1971, P.A. 872, S. 53; P.A. 11-80, S. 1.)
History: 1971 act replaced water resources commission with environmental protection commissioner; Sec. 25-5a transferred to Sec. 22a-351 in 1983; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection” in Subsec. (a), effective July 1, 2011.
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-352a. - Conflict between the state water plan and the general statutes.

In the event of conflict between any provision of the state water plan and any provision of the general statutes, the provision of the general statutes shall control.
(P.A. 19-194, S. 3.)
History: P.A. 19-194 effective July 9, 2019.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-353. (Formerly Sec. 25-5c). - Duties of Secretary of the Office of Policy and Management. Grants to regional councils of governments. Federal funds.

The Secretary of the Office of Policy and Management or his or her designee shall be the contractor for the purposes of sections 22a-352 to 22a-354, inclusive, and may engage consultants or arrange for other technical assistance to implement the work program, and within the limitations of the budget, developed under subdivision (1) of subsection (a) of section 22a-352. The Secretary of the Office of Policy and Management, or his or her designee, may make grants to any regional council of governments organized under sections 4-124i to 4-124p, inclusive, for the purpose of preparing regional plans for water and sewer facilities. Such grants may cover retroactively work initiated by a regional planning agency after January 1, 1967. The Secretary of the Office of Policy and Management or his or her designee shall apply for any and all funds available from the federal government to support such planning work and shall see that regional councils of governments receiving state grants take similar advantage of available federal funds in order to reduce expenditure of funds appropriated under section 22a-354, provided utilization of such federal funds shall not unduly delay the conduct of said study.
(1967, P.A. 477, S. 4; 1969, P.A. 628, S. 13; P.A. 73-679, S. 41, 43; P.A. 75-537, S. 53, 55; P.A. 77-614, S. 19, 610; P.A. 13-247, S. 300.)
History: 1969 act transferred powers formerly held by Connecticut development commission to director of the office of state planning contingent upon approval of commissioner of finance and control; P.A. 73-679 replaced director of the office of state planning with managing director, planning and budgeting division, department of finance and control or his designee and made provisions applicable to regional councils of elected officials or regional councils of government; P.A. 75-537 replaced managing director, planning and budgeting division, department of finance and control with commissioner of planning and energy policy; P.A. 77-614 replaced commissioner of planning and energy policy with secretary of the office of policy and management; Sec. 25-5c transferred to Sec. 22a-353 in 1983; P.A. 13-247 deleted references to regional planning agency and regional council of elected officials, changed “government” to “governments” re councils receiving state grants and made technical changes, effective January 1, 2015.
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-354. (Formerly Sec. 25-5d). - Appropriation of bond proceeds.

Notwithstanding the provisions of section 22a-446, one million five hundred thousand dollars of the proceeds of the sale of bonds issued under said section may be used at the discretion of the State Bond Commission for the purpose of sections 22a-352 to 22a-354, inclusive.
(1967, P.A. 477, S. 5.)
History: Sec. 25-5d transferred to Sec. 22a-354 in 1983.
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-354a. - “Existing well fields” and “potential well fields”, defined.

As used in sections 22a-354b to 22a-354f, inclusive, “existing well fields” means well fields in use by a public water supply system when mapping is required pursuant to section 22a-354c or 22a-354z and “potential well fields” means those well fields identified as future sources of supply in the water supply plan of the public water supply system approved pursuant to section 25-32d.
(P.A. 88-324, S. 1; P.A. 07-85, S. 2.)
History: P.A. 07-85 redefined “existing well fields” to include reference to Sec. 22a-354z.
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-354aa. - Strategic groundwater monitoring program in aquifer protection areas.

The Commissioner of Energy and Environmental Protection, in consultation with the Commissioner of Public Health, water companies, and business and industry, shall develop a strategic groundwater monitoring plan to be implemented in aquifer protection areas not more than one year after completion of level A mapping pursuant to sections 22a-354b to 22a-354d, inclusive.
(P.A. 89-305, S. 25, 32; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 11-80, S. 1.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-354b. - Standards for modeling and mapping of locations of aquifers.

The Commissioner of Energy and Environmental Protection shall establish standards for two levels of modeling and mapping of the location in aquifers of well field areas, zones of contribution and recharge areas. Standards for mapping at level A shall be established by regulations adopted by the commissioner in accordance with the provisions of chapter 54, except that notice of intent to adopt such regulations shall be published on or before July 1, 1990, and shall be based on hydrogeological data of aquifer geometry, hydraulic characteristics and connection to surface water features, groundwater level data and surface water discharge information for model calibration and pump test data for model verification. Standards for mapping at level B shall be established by guidelines developed by the commissioner and shall be based on existing geologic mapping of known aquifer characteristics, limited field verification, the location of existing and potential well fields and pumping rates.
(P.A. 88-324, S. 2; P.A. 90-275, S. 7, 9; P.A. 11-80, S. 1.)
History: P.A. 90-275 required the notice of intent to adopt the regulations to be published on or before July 1, 1990; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-354bb. - Inventory of agricultural land uses overlying mapped well fields.

Not more than two months after approval by the Commissioner of Energy and Environmental Protection of mapping at level B pursuant to section 22a-354d, the commissioner, in consultation with the Commissioner of Agriculture, the Cooperative Extension Service at The University of Connecticut and any other person or agency the Commissioner of Energy and Environmental Protection deems necessary, shall inventory agricultural land uses overlying the mapped area. Such inventory shall include, but not be limited to, the type and size of any agricultural operation and existing farm resource management practices. Any such inventory shall be completed not more than four months after commencement and shall be made available to technical teams established pursuant to subsection (b) of section 22a-354k.
(P.A. 89-305, S. 30, 32; June 30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1; P.A. 11-80, S. 1.)
History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004 (Revisor's note: In 2005 the Revisors editorially replaced “overlaying” with “overlying”); pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-354cc. - Regulated activity allowed in municipal aquifer protection areas undergoing remedial action. Restrictions.

Regulated activity, as defined in section 22a-354h, shall not be prohibited in aquifer protection areas on any municipally owned site undergoing remedial action pursuant to 40 CFR 271 at the time the applicable aquifer protection area is designated on a municipal zoning district map or inland wetland map, provided: (1) No such regulated activity substantially commenced or was in active operation for the five-year period preceding the date that the applicable aquifer protection area is designated on a municipal zoning district map or inland wetland map, and (2) any person who engages in such regulated activity for the ten-year period commencing on the date that such applicable aquifer protection area is designated on a municipal zoning district map or inland wetland map registers such regulated activity on a form prescribed by the Commissioner of Energy and Environmental Protection and in accordance with the provisions of section 22a-354i-7 of the regulations of Connecticut state agencies.
(P.A. 10-86, S. 2; 10-135, S. 6; P.A. 11-80, S. 1.)
History: P.A. 10-86 effective June 2, 2010; P.A. 10-135 effective June 8, 2010 (Revisor's note: The provisions of P.A. 10-86, S. 2, and P.A. 10-135, S. 6, were identical with the exception of the words “municipally owned”, re site undergoing remedial action, that appeared in the act which passed later, P.A. 10-135); pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-354d. - Completion of mapping of well fields.

The mapping of aquifers by a public or private water company at level B and level A required pursuant to sections 22a-354c and 22a-354z shall not be deemed to be complete unless approved by the Commissioner of Energy and Environmental Protection.
(P.A. 88-324, S. 4; P.A. 07-85, S. 4; P.A. 11-80, S. 1.)
History: P.A. 07-85 added reference to Sec. 22a-354z; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-354e. - Inventory of land uses overlying aquifers.

Not later than three months after approval of the Commissioner of Energy and Environmental Protection of mapping of aquifers at level B, each municipal aquifer protection agency authorized pursuant to section 22a-354o shall inventory land uses overlying the mapped zone of contribution and recharge areas of such aquifers in accordance with guidelines established by the commissioner pursuant to section 22a-354f. Such inventory shall be completed not more than one year after authorization of the agency.
(P.A. 88-324, S. 5; P.A. 89-305, S. 27, 32; P.A. 11-80, S. 1.)
History: P.A. 89-305 required inventory to be completed within a year of agency authorization and made technical changes; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-354f. - Guidelines for inventory.

The Commissioner of Energy and Environmental Protection shall develop guidelines to be used by municipal boards or commissions in conducting the inventory of land uses required under section 22a-354e.
(P.A. 88-324, S. 6; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
Cited. 215 C. 616.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-354g. - Findings.

The General Assembly finds that aquifers are an essential natural resource and a major source of public drinking water; that reliance on groundwater will increase because opportunities for development of new surface water supplies are diminishing due to the rising cost of land and increasingly intense development; that numerous drinking water wells have been contaminated by certain land use activities and other wells are now threatened; that protection of existing and future groundwater supplies demands greater action by state and local government; that a groundwater protection program requires identification and delineation of present and future water supplies in stratified drift aquifers supplying drinking water wells; that a comprehensive and coordinated system of land use regulations should be established that includes state regulations protecting public drinking water wells located in stratified drift aquifers; that municipalities with existing or proposed public drinking water wells in stratified drift aquifers should designate aquifer protection agencies, and that the state should provide technical assistance and education programs on aquifer protection to ensure a plentiful supply of public drinking water for present and future generations.
(P.A. 89-305, S. 1, 32.)
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-354h. - Definitions.

For the purposes of sections 19a-37, 22-6c, 22a-354c, 22a-354e, 22a-354g to 22a-354bb, inclusive, 25-32d, 25-33h and 25-33n and subsection (a) of section 25-84:
(1) “Regulated activity” means any action, process or condition which the Commissioner of Energy and Environmental Protection determines, by regulations adopted in accordance with section 22a-354i, to involve the production, handling, use, storage or disposal of material that may pose a threat to groundwater in an aquifer protection area, including structures and appurtenances utilized in conjunction with the regulated activity;
(2) “Commissioner” means the Commissioner of Energy and Environmental Protection;
(3) “Well field” means the immediate area surrounding a public drinking water supply well or group of wells;
(4) “Area of contribution” means the area where the water table or other potentiometric surface is lowered due to the pumping of a well and groundwater flows directly to the well;
(5) “Recharge area” means the area from which groundwater flows directly to the area of contribution;
(6) “Aquifer” means a geologic formation, group of formations or part of a formation that contains sufficient saturated, permeable materials to yield significant quantities of water to wells and springs;
(7) “Affected water company” means any public or private water company owning or operating a public water supply well within an aquifer protection area;
(8) “Stratified drift” means a predominantly sorted sediment laid down by or in meltwater from glaciers and includes sand, gravel, silt and clay arranged in layers;
(9) “Municipality” means any town, consolidated town and city, consolidated town and borough, city or borough;
(10) “Aquifer protection area” means any area consisting of well fields, areas of contribution and recharge areas, identified on maps approved by the Commissioner of Energy and Environmental Protection pursuant to sections 22a-354b to 22a-354d, inclusive, within which land uses or activities shall be required to comply with regulations adopted pursuant to section 22a-354o by the municipality where the aquifer protection area is located; and
(11) “Best management practice” means a practice, procedure or facility designed to prevent, minimize or control spills, leaks or other releases that pose a threat to groundwater.
(P.A. 89-305, S. 2, 32; P.A. 90-275, S. 1, 9; P.A. 95-218, S. 5; P.A. 11-80, S. 1.)
History: P.A. 90-275 redefined “regulated activity” to include a condition which may pose a threat to groundwater and specified that the threatened groundwater must be in an aquifer protection area; P.A. 95-218 redefined “area of contribution” to include other potentiometric surfaces in the location of such areas; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-354j. - Consistency of aquifer regulations with regulations re farm resources management plans.

State regulations for aquifer protection areas adopted by the Commissioner of Energy and Environmental Protection pursuant to section 22a-354i shall be consistent with regulations adopted by said commissioner for farm resources management plans pursuant to section 22a-354m.
(P.A. 89-305, S. 31, 32; P.A. 11-80, S. 1.)
History: Pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-354k. - Groundwater education program.

The Commissioner of Energy and Environmental Protection shall develop and implement a groundwater education program. In developing such program the commissioner shall consult with the Commissioner of Public Health, water utilities, state educational and research institutions, nonprofit environmental organizations and any other person or agency the commissioner deems necessary. The Cooperative Extension Service at The University of Connecticut shall assist the commissioner in implementation of the program.
(P.A. 89-305, S. 4, 32; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 11-80, S. 1.)
History: P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-354l. - Model municipal aquifer protection ordinance.

Not later than October 1, 1995, the Commissioner of Energy and Environmental Protection shall prepare a model municipal aquifer protection ordinance, consistent with regulations adopted under section 22a-354i. The ordinance may be considered by municipal aquifer protection agencies in adopting regulations pursuant to section 22a-354p.
(P.A. 89-305, S. 5, 32; P.A. 93-337, S. 1; P.A. 11-80, S. 1.)
History: P.A. 93-337 added a deadline of October 1, 1995, for adoption of a model ordinance; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011.
2023 Connecticut General Statutes › Title 22a - Environmental Protection › Chapter 446i - Water Resources. Invasive Plants › Section 22a-354n. - Delineation of aquifer protection areas on maps prepared by zoning commissions, planning commissions or planning and zoning commissions. Challenges to boundaries.

The zoning commission, planning commission or planning and zoning commission of each municipality with an aquifer protection area shall, in accordance with regulations adopted by the commissioner pursuant to section 22a-354i, delineate on any map showing zoning districts prepared in accordance with chapter 124 or 126 or any special act the boundaries of aquifer protection areas, including areas of contribution and recharge areas as shown on level A maps approved or done by the commissioner pursuant to section 22a-354c or any other provision of the general statutes. An aquifer protection commission shall not delineate or alter the boundary of an aquifer protection area except in accordance with regulations adopted by the commissioner. No person may challenge the boundaries of the aquifer protection area at the local level unless such challenge is based solely on a failure by the aquifer protection agency to properly delineate the boundaries in accordance with regulations of the commissioner. Any other challenge to established aquifer protection area boundaries shall be in the form of a petition to the commissioner to amend the boundaries, in accordance with regulations adopted by him.
(P.A. 89-305, S. 7, 32; P.A. 90-275, S. 4, 9.)
History: P.A. 90-275 provided that the delineation of the boundaries of aquifer protection areas be in accordance with regulations, provided that the only ground for challenging the boundaries of the aquifer protection area be that the agency failed to delineate such in accordance with regulations and specified that any other challenge to established boundaries shall be a petition to amend the boundaries.