Planning and Development Committee
JOINT FAVORABLE REPORT
Bill No.: SB-701
AN ACT CONCERNING THE BOLTON LAKES REGIONAL WATER POLLUTION
Title: CONTROL AUTHORITY.
Vote Date: 3/2/2021
Vote Action: Joint Favorable
PH Date: 2/3/2021
File No.: 77
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Planning and Development
REASONS FOR BILL:
To permit the Board of Directors of the Bolton Lakes Regional Water Pollution Control
Authority to authorize expansion of the authority's wastewater system into the town of
Coventry and take any action the board deems necessary to implement such expansion.
RESPONSE FROM ADMINISTRATION/AGENCY:
Rep. Tim Ackert, Eighth Assembly District: This proposal would create a process that
would authorize the Bolton Lakes Regional Water Pollution Control Authority Board of
Directors to enter into an agreement with the Town of Coventry to expansion public sewers
with the goal of addressing ongoing septic issues in the Route 44 corridor. The town has had
ongoing conversations with DEEP, OPM and others for a lengthy period of time to present
plans on how to address those septic issues to enhance environmental protections for the
existing farmlands, wetlands and other sensitive areas along this vital corridor in Eastern
Connecticut as well as promote efforts for economic development. The Town of Coventry is
not looking for financial resources to pay for this project, rather a path to accomplish these
goals that will be positive for my community and our neighboring towns.
Commissioner Katie S. Dykes, Connecticut Department of Energy and
Environmental Protection (DEEP): DEEP has concerns with this bill because the legislation
as drafted is overly broad, may not achieve its intended purpose and may have unintended
consequences. The bill would allow expansion of the Bolton Lakes Regional Water Pollution
Control Authority into all of Coventry without regard for any existing or future sewer service
area designations and with no restrictions on capacity, properties otr usage. This
broad expansion authority would bypass many requirements and processes that were
established to protect current customers and the functionality of the existing wastewater
infrastructure. In addition, the bill ignores existing local ordinances of Bolton, Vernon,
Manchester and Coventry and existing agreements. The current Clean Water Fund
agreement for the Bolton Lakes Regional Water Pollution Control Authority wastewater
system limits the service area for the existing infrastructure. This bill creates an
inconsistency with that agreement and associated state and federal funding
requirements. Further, bond issuance may impose restrictions on the modification or
expansion of this wastewater system that warrants evaluation. This legislation would not
supersede federal law and any governing bond restrictions. DEEP is actively with the Bolton
Lakes Regional Water Pollution Authority and the Town of Coventry to address the
underlying intent of the bill. We would welcome the opportunity to work with the committee to
identify language which could address the specific aspects of the bill noted above.
NATURE AND SOURCES OF SUPPORT:
Lisa Thomas, Coventry Councilwoman: Coventry, Bolton and Manchester together on this
limited expansion project into Coventry for a number of years. It is the only realistic way for
Coventry to bring new business to one of our few commercially zoned areas. There must be
access to water and wastewater treatment for business development. Route 44 is a main
thoroughfare between Coventry and Storrs, as well as into the rest of eastern CT, it presents
an attractive potential for commercial development. It is for these reasons that Coventry has
already invested $70,000 of our precious taxpayer resources into studies and planning. We
recognize that the limited sewer expansion project is critical because no other location on
Route 44 in Coventry has this opportunity to tie into sewers. The soils are classified as "very
limited" for subsurface systems and would require prohibitively expensive constructed fill
leaching fields. Our proposed sewer expansion is consistent with the local, regional and
state conservation and development policies. We envision that completion of the project will
provide locations for essential needs such as medical offices, community program centers
such as community YMCA and higher density housing, which aligns the state's goal to
increase access to affordable housing.
Christine Pattee: Lack of sewer capacity "The Sate's POCD for Coventry service area shows
it is predominantly an area of local conservation priority which discourages the joint extension
of sewer and water service into unsewered rural areas, except in areas planned for significant
commercial or industrial development" The unintended consequence of this statement is an
effective veto of housing for seniors and anybody else who needs an affordable place to live.
Nearly one in five Coventry residents are over 65 and there is nowhere affordable for us to go
when we need or want to move out of the single family homes we have lived in for years.
Betsy Gara, Executive Director, The Connecticut Council of Small owns: Although the
bill is limited in scope, COST supports efforts to ensure that sanitary sewer projects that are
needed to support housing and economic development are not soundly rejected by DEEP
because such projects have the "main objective of promoting economic development" or are
connected to publicly funded wastewater systems. This unfairly restricts opportunities for
many small towns to extend sanitary sewers to support housing, mixed-use and commercial
construction.
Page 2 of 3 SB-701
 NATURE AND SOURCES OF
OPPOSITION:
Jennifer L. Perry, P.E., Connecticut Department of Energy and
Environmental Protection (DEEP), Assistant Director, Water Planning and Management
Division, Bureau of Water Protection and Land Use: The Council on Environmental
Quality (CEQ) raised substantive concerns relating to the proposed sewer extension which as
the main objective of promoting economic development. State funded projects which are
intended to provide for or allow increased economic development, are not projects
that typically fall within the mission of the Department, yet we are often charged with
administering funding or acting as the sponsoring agency for those projects solely because
sanitary sewers are included in this project. This puts us in the difficult and conflicting role of
being the sponsoring agency of a project that is not in line with our mission, but for which we
are required to produce the documentation required under CEPA, when in fact we should be
providing comments on a proposed action, as the regulatory agency. The funding agreement
for the Bolton Lakes sewer project includes language that states that Bolton shall
connect only facilities that are located within the approved service area which was identified
in the above mentioned wastewater management project to address identified community
pollution concerns. The Department will not proceed any further with the processing of the
above funding agreement modification or sanitary service area modification.
Alice Charmut, Executive Director, Rivers Alliance of Connecticut: This bill proposes to
disregard every statute, regulation, ordinance, agreement and plan that the State of
Connecticut has in place that requires inquiry into potential environmental impacts, planning
implications and economic considerations of a sewer expansion proposal. The Connecticut
Council on Environmental Quality raised concerns about the project, DEEP issued a letter to
the Office of Policy and Management stating that the Department will not proceed any further
with the processing of the funding agreement modification or sanitary service area
modification. The most recent development is the Notice of Time Extension for Post Scoping
Notice for Coventry Low Pressure Sewer Extension published in the January 5, 2021 edition
of the Environmental Monitor. "Action Status: DEEP is in the process of seeking further input
from the Town of Coventry and the Office of Policy and Management. These efforts are
ongoing and will include requesting an advisory statement from the Office of Policy and
Management on this project, pursuant to section 16a-31(a) of the Connecticut General
Statues, in light of further information provided by the Town of Coventry." Bypassing any and
all public process and environmental review should not be the solution. This is very
dangerous precedent.
Reported by: Maureen O'Reilly Date: March 10, 2021
Page 3 of 3 SB-701