General Assembly Raised Bill No. 834
January Session, 2021 LCO No. 2797
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)
AN ACT CONCERNING WATER QUALITY NOTIFICATION.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
1 Section 1. Section 19a-37 of the general statutes is repealed and the
2 following is substituted in lieu thereof (Effective October 1, 2021):
3 (a) As used in this section:
4 (1) "Laboratory or firm" means an environmental laboratory
5 registered by the Department of Public Health pursuant to section 19a-
6 29a;
7 (2) "Private well" means a water supply well that meets all of the
8 following criteria: (A) Is not a public well; (B) supplies a population of
9 less than twenty-five persons per day; and (C) is owned or controlled
10 through an easement or by the same entity that owns or controls the
11 building or parcel that is served by the water supply well;
12 (3) "Public well" means a water supply well that supplies a public
13 water system;
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14 (4) "Semipublic well" means a water supply well that (A) does not
15 meet the definition of a private well or public well, and (B) provides
16 water for drinking and other domestic purposes; and
17 (5) "Water supply well" means an artificial excavation constructed by
18 any method for the purpose of obtaining or providing water for
19 drinking or other domestic, industrial, commercial, agricultural,
20 recreational or irrigation use, or other outdoor water use.
21 (b) The Commissioner of Public Health may adopt regulations in the
22 Public Health Code for the preservation of the public health pertaining
23 to (1) protection and location of new water supply wells or springs for
24 residential or nonresidential construction or for public or semipublic
25 use, and (2) inspection for compliance with the provisions of municipal
26 regulations adopted pursuant to section 22a-354p.
27 (c) The Commissioner of Public Health shall adopt regulations, in
28 accordance with chapter 54, for the testing of water quality in private
29 residential wells and semipublic wells. Any laboratory or firm which
30 conducts a water quality test on a private well serving a residential
31 property or semipublic well shall, not later than thirty days after the
32 completion of such test, report the results of such test to (1) the public
33 health authority of the municipality where the property is located, and
34 (2) the Department of Public Health in a format specified by the
35 department, provided such report shall only be required if the party for
36 whom the laboratory or firm conducted such test informs the laboratory
37 or firm identified on the chain of custody documentation submitted
38 with the test samples that the test was conducted in connection with the
39 sale of such property. No regulation may require such a test to be
40 conducted as a consequence or a condition of the sale, exchange,
41 transfer, purchase or rental of the real property on which the private
42 residential well or semipublic well is located.
43 (d) Prior to the sale, exchange, purchase, transfer or rental of real
44 property on which a residential well is located, the owner shall provide
45 the buyer or tenant notice that educational material concerning private
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46 well testing is available on the Department of Public Health web site.
47 Failure to provide such notice shall not invalidate any sale, exchange,
48 purchase, transfer or rental of real property. If the seller or landlord
49 provides such notice in writing, the seller or landlord and any real estate
50 licensee shall be deemed to have fully satisfied any duty to notify the
51 buyer or tenant that the subject real property is located in an area for
52 which there are reasonable grounds for testing under subsection (g) or
53 (j) of this section.
54 (e) The Commissioner of Public Health shall adopt regulations, in
55 accordance with chapter 54, to clarify the criteria under which the
56 commissioner may issue a well permit exception and to describe the
57 terms and conditions that shall be imposed when a well is allowed at a
58 premises (1) that is connected to a public water supply system, or (2)
59 whose boundary is located within two hundred feet of an approved
60 community water supply system, measured along a street, alley or
61 easement. Such regulations shall (A) provide for notification of the
62 permit to the public water supplier, (B) address the quality of the water
63 supplied from the well, the means and extent to which the well shall not
64 be interconnected with the public water supply, the need for a physical
65 separation, and the installation of a reduced pressure device for
66 backflow prevention, the inspection and testing requirements of any
67 such reduced pressure device, and (C) identify the extent and frequency
68 of water quality testing required for the well supply.
69 (f) No regulation may require that a certificate of occupancy for a
70 dwelling unit on such residential property be withheld or revoked on
71 the basis of a water quality test performed on a private residential well
72 pursuant to this section, unless such test results indicate that any
73 maximum contaminant level applicable to public water supply systems
74 for any contaminant listed in the public health code has been exceeded.
75 No administrative agency, health district or municipal health officer
76 may withhold or cause to be withheld such a certificate of occupancy
77 except as provided in this section.
78 (g) The local director of health may require a private residential well
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79 or semipublic well to be tested for arsenic, radium, uranium, radon or
80 gross alpha emitters, when there are reasonable grounds to suspect that
81 such contaminants are present in the groundwater. For purposes of this
82 subsection, "reasonable grounds" means (1) the existence of a geological
83 area known to have naturally occurring arsenic, radium, uranium,
84 radon or gross alpha emitter deposits in the bedrock; or (2) the well is
85 located in an area in which it is known that arsenic, radium, uranium,
86 radon or gross alpha emitters are present in the groundwater.
87 (h) Except as provided in subsection (i) of this section, the collection
88 of samples for determining the water quality of private residential wells
89 and semipublic wells may be made only by (1) employees of a
90 laboratory or firm certified or approved by the Department of Public
91 Health to test drinking water, if such employees have been trained in
92 sample collection techniques, (2) certified water operators, (3) local
93 health departments and state employees trained in sample collection
94 techniques, or (4) individuals with training and experience that the
95 Department of Public Health deems sufficient.
96 (i) Any owner of a residential construction, including, but not limited
97 to, a homeowner, on which a private residential well is located or any
98 general contractor of a new residential construction on which a private
99 residential well is located may collect samples of well water for
100 submission to a laboratory or firm for the purposes of testing water
101 quality pursuant to this section, provided (1) such laboratory or firm has
102 provided instructions to said owner or general contractor on how to
103 collect such samples, and (2) such owner or general contractor is
104 identified to the subsequent owner on a form to be prescribed by the
105 Department of Public Health. No regulation may prohibit or impede
106 such collection or analysis.
107 (j) The local director of health may require private residential wells
108 and semipublic wells to be tested for pesticides, herbicides or organic
109 chemicals when there are reasonable grounds to suspect that any such
110 contaminants might be present in the groundwater. For purposes of this
111 subsection, "reasonable grounds" means (1) the presence of nitrate-
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112 nitrogen in the groundwater at a concentration greater than ten
113 milligrams per liter, or (2) that the private residential well or semipublic
114 well is located on land, or in proximity to land, associated with the past
115 or present production, storage, use or disposal of organic chemicals as
116 identified in any public record.
117 (k) The owner of any residential property for which water is supplied
118 by a public well or well for semipublic use shall notify each tenant of
119 any leased or rented dwelling unit located on such property and the
120 lessee of such property whenever any testing of the public well or well
121 for semipublic use indicates that the water exceeds a maximum
122 contaminant level applicable to public water supply systems for any
123 contaminant listed in the Public Health Code or for any contaminant
124 listed on the state drinking water action level list established pursuant
125 to section 22a-471. Not later than twenty-four hours after receiving
126 notification of the results of such testing, the owner shall forward a copy
127 of such notification to each such tenant and lessee. The local director of
128 health shall take all reasonable steps to verify that such owner
129 forwarded the notice required pursuant to this subsection.
130 [(k)] (l) Any water transported in bulk by any means to a premises
131 currently supplied by a private well or semipublic well where the water
132 is to be used for purposes of drinking or domestic use shall be provided
133 by a bulk water hauler licensed pursuant to section 20-278h. No bulk
134 water hauler shall deliver water without first notifying the owner of the
135 premises of such delivery. Bulk water hauling to a premises currently
136 supplied by a private well or semipublic well shall be permitted only as
137 a temporary measure to alleviate a water supply shortage.
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 19a-37
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Statement of Purpose:
To require the owner of a property supplied by a public well or a well
for semipublic use to notify each tenant and lessee of such property of
the results of certain water quality tests.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
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Statutes affected:
Raised Bill: