AN ACT CONCERNING CONSISTENCY IN PERMITTING REQUIREMENTS FOR ALTERNATIVE ON-SITE SEWAGE TREATMENT SYSTEMS, DISCHARGES AND DECENTRALIZED WASTEWATER SYSTEMS AND CONCERNING ENVIRONMENTAL IMPACT EVALUATIONS.

This bill requires municipalities, the Department of Public Health (DPH) and the Department of Environmental Protection (DEP) to consider similar factors relating to public health, the environment, land use, and responsible growth when making decisions affecting decentralized wastewater management districts (in the case of DEP, DPH, and municipalities), and new discharge permits (in DEP's case).

It exempts the construction of a 275,000 square-foot airport hangar from Connecticut Environmental Policy Act (CEPA) requirements.

EFFECTIVE DATE: October 1, 2009, except for the CEPA exemption, which takes effect July 1, 2009.

The bill requires the DEP commissioner to consider, in deciding whether to approve or deny a new discharge permit application, the:

1. individual and cumulative impact the discharge may have on public health, the environment, and land use patterns; and

2. recommendations on responsible growth made to the DEP commissioner by the Office of Policy and Management (OPM) secretary through the Office of Responsible Growth established by Gov. Rell's Executive Order No. 15.

Current law allows a municipality, after consulting the local health director, and in conjunction with its water pollution control authority, to adopt an ordinance establishing a decentralized wastewater management district. It may do so following DEP and DPH approval of an engineering report.

The bill requires, starting January 1, 2010, that, before adopting an ordinance establishing a decentralized wastewater management district, a municipality consider the (1) individual and cumulative impact the sewerage system may have on public health, the environment, and land use patterns, and (2) the OPM secretary's recommendations on responsible growth made to the DPH commissioner through the Office of Responsible Growth.

It requires DEP and DPH to consider the same impact and recommendations before approving an engineering report submitted on and after January 1, 2010 authorizing the creation of a decentralized wastewater management district.

Under CEPA, a state agency must make a detailed written evaluation of environmental impact (environmental impact evaluation) when recommending or initiating an action that may significantly affect the environment. The agency must prepare the evaluation before deciding whether to approve the action.

The bill exempts from the environmental impact evaluation requirement a “landside development project” at a state-owned airport managed by the Connecticut Department of Transportation Bureau of Aviation and Ports. Under the bill, “landside development project” means a privately-funded project on state-owned airport property designated to support aviation infrastructure under an approved master plan prepared according to the applicable Federal Aviation Administration Advisory circular, where the project (1) includes up to 275,000 square feet of new hangar space and additional related terminal and office space, and (2) was approved by the applicable local land use agency on or before January 1, 2008.

By law, DPH regulates alternative sewage treatment systems with a daily capacity of 5,000 gallons or less. DEP regulates these systems with larger daily capacities.

The law requires DPH to consider, when establishing and defining discharge categories and setting minimum requirements for the systems:

1. the individual and cumulative impact the system and discharges may have on public health, the environment, and land use patterns; and

2. recommendations for responsible growth made to the DPH commissioner by the OPM secretary through the Office of Responsible Growth established by Gov. Rell's Executive Order No. 15 (CGS § 19a-35a (b)).

By law, these systems (1) serve at least one building on a single piece of property, (2) are alternatives to a septic system, and (3) discharge domestic sewage to state ground waters (CGS § 19a-35a).

By law, a decentralized wastewater management district is an area of a municipality designated through a municipal ordinance when an engineering report has determined that the existing subsurface sewage disposal systems may be detrimental to public health or the environment, and that decentralized systems are required.

CEPA identifies and evaluates the impact of proposed state actions that could significantly affect the environment. It requires that certain information be available to decision makers and the public, and that this information be considered in deciding whether and how to proceed with the project. It does not mandate a particular outcome or prohibit certain activities (CGS § 22a-1b through 1h).

Yea

Nay

(03/18/2009)