Connecticut Administrative Code › Title 22a - Environmental Protection › 482 - Clean Water Fund › Section 22a-482-3 - Technical program elements

Current through July 10, 2024
(a)
Engineering Report Requirements.
(1) General. Engineering reports consist of
			 those necessary plans and studies which directly relate to the development of
			 pollution abatement strategies and the construction of pollution abatement
			 facilities necessary to comply with an Order to Abate Pollution as defined in
			 section
			 22a-423
			 of the General Statutes. The engineering report will demonstrate the need for
			 the proposed pollution abatement facility through an evaluation of all feasible
			 alternatives and shall demonstrate that the selected alternative is
			 cost-effective, i.e. is the most economical means of meeting effluent and water
			 quality goals while recognizing environmental considerations.
(2) Content of Engineering Reports. The
			 content of the engineering report shall be determined by the Commissioner based
			 on a pre-report conference with the municipality and its engineering consultant
			 regarding the precise plan of study (engineering report outline) and resulting
			 scope of services to be performed. Engineering reports shall address at a
			 minimum each of the following as determined appropriate by the Commissioner:
(A) A detailed evaluation of the existing and
			 potential wastewater treatment and disposal problems in the study
			 area;
(B) a cost-effective analysis
			 of alternatives available to correct the pollution problems identified. The
			 final selection of alternative(s) to correct the problems noted shall be based
			 on the results of the cost-effective analysis, including the present worth or
			 equivalent annual value of all capital costs, and operation, maintenance and
			 replacement costs. The interest rate used for this analysis shall be the rate
			 established by the Federal Water Resources Council for use in federally funded
			 projects. The population forecasting in the analysis shall be consistent with
			 current projections of the Connecticut Office of Policy and Management. A
			 cost-effective analysis shall include:
(i) the
			 relationship of the size and capacity of the recommended facilities to the
			 needs to be served, including any reserve capacity;
(ii) an evaluation of alternative flow and
			 waste reduction measures, including nonstructural methods;
(iii) an evaluation of improved effluent
			 quality attainable by upgrading the operation, maintenance and efficiency of
			 existing facilities as an alternative or supplement to construction of new
			 pollution abatement facilities;
(iv) an evaluation of the capability of each
			 alternative to meet applicable effluent limitations and water quality
			 standards;
(v) various treatment
			 techniques including: conventional biological or physical-chemical treatment
			 and discharge systems; land application techniques and other innovative and
			 alternative techniques which may result in recycling of water and pollutants;
			 onsite and nonconventional systems, both community and individual;
(vi) an evaluation of the alternative methods
			 for the ultimate disposal of treated wastewater and sludge materials resulting
			 from the treatment process and a justification for the method(s) chosen;
			 and
(vii) an adequate assessment of
			 the expected environmental impact of alternatives (including sites) under the
			 requirements of sections
			 22a-1a
			 to
			 22a-1h,
			 inclusive, of the General Statutes;
(C) if applicable, a demonstration of the
			 non-existence or possible existence of excessive infiltration/inflow in the
			 affected sewerage system;
(D) an
			 identification of proposed effluent discharge limits, if appropriate, and a
			 description of how the proposed project will result in compliance with any
			 pollution abatement order issued by the Commissioner;
(E) a summary of public participation in the
			 development of the engineering report;
(F) a brief statement demonstrating that the
			 local authorities who will be implementing the plan have the necessary legal,
			 financial, institutional, and managerial resources available to insure the
			 construction, operation and maintenance of the proposed pollution abatement
			 facilities;
(G) a brief description
			 of potential opportunities for recreation, open space, and access to bodies of
			 water afforded by the recommended project; and
(H) for the selected alternative, a concise
			 description of at least the following;
(i)
			 estimated capital construction, and operation and maintenance costs;
(ii) estimated cost of future expansion and
			 long term needs for reconstruction of pollution abatement facilities following
			 their useful life;
(iii) cost
			 impacts on pollution abatement facility users; and
(iv) a statement concerning the availability
			 and estimated cost of any proposed treatment sites.
(3) Public Participation.
(A) The scope and level of detail of the
			 public participation program shall be determined during the development of the
			 plan of study. The program shall be comprised of public forums such as
			 workshops, meetings and hearing(s) as necessary to promote public awareness and
			 input into the planning process.
(B) At a minimum, prior to adoption of the
			 engineering report, the municipality must hold a public hearing to describe the
			 proposed program and action(s) and to assure that the public's concerns are
			 fully considered.
(C) The time and
			 place of the public hearing shall be conspicuously and adequately announced at
			 least 10 days in advance, or for such longer period as may be required by local
			 ordinance or charter. Copies of the engineering report must be made available
			 for inspection by the public at least 10 days prior to the hearing.
(D) A request to waive the public hearing on
			 an engineering report may be submitted in writing to the Commissioner when the
			 municipality determines a public hearing is not necessary and would not serve
			 the public interest.
(4)
			 Environmental Review. Prior to the award of a project funding agreement for
			 design or construction, the requirements of the Connecticut Environmental
			 Policy Act (sections
			 22a-1 to
			 22a-1h,
			 inclusive, of the General Statutes) shall have been met. The municipality must
			 prepare an adequate environmental assessment of expected environmental impacts
			 consistent with the requirements of sections
			 22a-1a
			 to
			 22a-1h,
			 inclusive, of the General Statutes as part of facility planning. Projects
			 receiving financial assistance shall comply with the following:
(A) for any project not required in the
			 department's Environmental Classification Document to undergo an environmental
			 impact evaluation or finding of no significant impact, the Commissioner shall
			 publish a notice in a newspaper of community-wide circulation indicating the
			 determination that a Finding of No Significant Impact is not necessary and that
			 supporting documentation for this determination is available for
			 inspection.
(B) when the
			 Commissioner determines that significant changes in the project or
			 environmental conditions have occurred, an amendment to the Environmental
			 Impact Evaluation or the Finding of No Significant Impact or the determination
			 that a Finding of No Significant Impact is not necessary will be issued in
			 accordance with sections
			 22a-1a
			 to
			 22a-1h,
			 inclusive, of the General Statutes.
(C) for Environmental Impact Evaluations,
			 Findings of No Significant Impact, or determinations that a Finding of No
			 Significant Impact is not necessary which are five or more years old for
			 projects seeking a construction project funding agreement, the Commissioner
			 shall re-evaluate the project, environmental conditions and public comments and
			 prior to financial award shall either:
(i)
			 issue a public notice in a newspaper of community-wide circulation reaffirming
			 the decision to proceed with the project without revising the Finding of No
			 Significant Impact or Environmental Impact Evaluation or reaffirming that a
			 Finding of No Significant Impact is not necessary; or
(ii) update information and prepare or amend
			 the Environmenta1 Impact Evaluation or Finding of No Significant Impact in
			 accordance with sections
			 22a-1a
			 to
			 22a-1h,
			 inclusive, of the General Statutes;
(iii) withdraw the Finding of No Significant
			 Impact and prepare an Environmental Impact Evaluation in accordance with the
			 sections
			 22a-1a
			 to
			 22a-1h,
			 inclusive, of the General Statutes.
(D) in the development of the Finding of No
			 Significant Impact, the Commissioner shall include a description and analysis
			 of the reasonable alternatives to the proposed action, including no
			 action.