Connecticut Administrative Code › Title 22a - Environmental Protection › 430 - Water Pollution Control › Section 22a-430-1 - Delegation of permitting authority for water pollution control

Current through July 10, 2024
(a)
Definitions
"Agent" means any state agency other than the Department of
				Environmental Protection, any municipal water pollution control authority, any
				municipal building official or municipal or district director of health.
"Commercial subsurface sewage disposal system" means a
				subsurface sewage disposal system receiving domestic sewage from any
				non-residential building or buildings on the same lot or within the same
				project as the building or buildings served.
"Commissioner" means the Commissioner of Environmental
				Protection.
"Director" means the Director of the Water Compliance Unit of
				the Department of Environmental Protection.
"Domestic sewage" means sewage that consists of water and human
				excretions or other waterborne wastes incidental to the occupancy of a
				residential building or a non-residential building but not including
				manufacturing process water, cooling water, wastewater from water softening
				equipment, commercial laundry wastewater, blowdown from heating or cooling
				equipment, water from cellar or floor drains or surface water from roofs, paved
				surfaces or yard drains.
"Groundwater control system" means a system of subsurface
				drains and in some cases subsurface pipes which are installed to reduce the
				amount of groundwater entering the soil below a leaching system from a higher
				elevation and upon which the operation of the leaching system is
				dependent.
"House sewer" means a sewer pipe extending from within the
				building served to the septic tank.
"Household subsurface sewage disposal system" means a
				subsurface sewage disposal system receiving domestic sewage from a single
				residential building and/or associated outbuildings where such a system is
				located on the same lot as the building served or on an easement available for
				the installation, operation and maintenance of the system and which is recorded
				on the appropriate land records.
"Leaching system" means a structure, excavation or other
				facility designed to allow settled sewage to percolate into the underlying
				soil, without overflow, and to mix with the groundwater.
"Lot" means a parcel of land, the boundaries of which are
				described in a deed recorded on the appropriate land records. Any such parcels
				which are contiguous and are owned by the same person or municipality shall be
				considered one lot.
"Non-residential building" means any commercial, industrial,
				institutional, public or other building not occupied as a dwelling, including
				hotels and motels.
"Open watercourse" means a well-defined surface channel,
				produced wholly or in part by a definite flow of water and through which water
				flows continuously or intermittently, and includes any ditch, canal, aqueduct
				or other artificial channel for the conveyance of water to or away from a given
				place; or any lake, pond, or other surface body of water intermittently or
				permanently covered with water, fresh or tidal.
"Outbuilding" means any structure, located on the same lot as a
				residential building, which may be served by a subsurface sewage disposal
				system or a sewer service connection but which cannot be reasonably separated
				from the residential building with which it is associated and sold as a
				separate residential building.
"Public sewer" means a sewer which serves a number of buildings
				at least one of which is a residential building with or without associated
				outbuildings.
"Residential building" means any house, apartment, trailer or
				mobile home or other structure occupied by individuals permanently or
				temporarily as a dwelling place.
"Septage" means any water or material withdrawn from a septic
				tank which is used to treat domestic sewage.
"Septic tank" means a watertight receptacle designed and
				constructed so as to permit settling of solids, the digestion of organic matter
				and the discharge of settled sewage.
"Sewer service connection" means a sewer pipe or pipes
				extending from within the building served to a public sewer.
"Sewerage" means sewers and associated sewage disposal
				systems.
"Subsurface drain" means any pipe or other subsurface
				conveyance to which groundwater is transported during any season of any
				year.
"Subsurface pipe" means a pipe which has no loose or open
				joints, perforations, slots or porous openings which are intended to allow
				sewage or water to escape from or water to enter the pipe.
"Subsurface sewage disposal system" means a system consisting
				of a house sewer, a septic tank followed by a leaching system, any necessary
				pumps or siphons, and any groundwater control system on which the operation of
				the leaching system is dependent.
(b) Delegation of authority to issue permits,
			 approvals, or orders or to hold public hearings.
(1)
(A) The
			 Commissioner may by agreement delegate authority to issue permits, approvals or
			 orders or to hold public hearings in accordance with Section
			 22a-430(f)
			 and Section
			 22a-2(b)
			 (2) of the Connecticut General Statutes, as
			 amended, for various categories of discharge to any agent as defined in
			 subsection (a) of this section; and the Commissioner hereby delegates authority
			 to the Commissioner of Health Services in accordance with Section
			 22a-430(g)
			 of the Connecticut General Statutes to issue permits, approvals, and to hold
			 public hearings for Categories I and II. Categories I and II are hereby
			 exempted from the requirements for public notice contained in Section
			 22a-430(b)
			 of the Connecticut General Statutes.
(B) The Commissioner may limit the scope of
			 review by any delegated agent other than the Commissioner of Health Services to
			 those areas in which the agent demonstrates his or her ability to provide for
			 prompt, thorough processing of permits, approvals, or orders and to insure
			 compliance with all statutes and regulations administered by the Commissioner
			 and directives of the Commissioner, applicable to any category of discharge
			 other than Category I and II.