A Guide to the Connecticut Aquifer Protection Act Requirements, Process, and Compliance

The Connecticut Aquifer Protection Act plays a crucial role in safeguarding the state's vital groundwater resources from pollution, particularly in areas that contribute to public water supply wells. This comprehensive guide provides a clear and concise overview of the Act's key provisions, regulatory standards, and compliance obligations, enabling readers to effectively navigate the complex landscape of aquifer protection in Connecticut. By exploring the Act's applicability, prohibited activities, and permitting requirements, readers will gain a solid understanding of how to manage development projects in a manner that prioritizes groundwater quality and public health. The guide also offers valuable insights into recent regulatory developments, enforcement actions, and additional resources, empowering readers to stay informed and proactively address the challenges associated with protecting Connecticut's essential aquifers.

GENERAL INFORMATION

Key Details of the Connecticut Aquifer Protection Act

• Issuing Agency: Connecticut Department of Energy and Environmental Protection (DEEP)
• Year Established: 1989
• Last Amended: 2006
• Statutory Authority: Connecticut General Statutes, Sections 22a-354a through 22a-354bb
• Primary Legal Reference: Connecticut Regulations of State Agencies, Sections 22a-354i-1 through 22a-354i-10

Overview of the Connecticut Aquifer Protection Act

The Connecticut Aquifer Protection Act operates within the state's broader framework of environmental regulations, which are primarily administered by the Connecticut Department of Energy and Environmental Protection (DEEP). The Act was established in 1989 to address the growing concern over the potential contamination of groundwater resources, particularly in areas where public water supply wells are located.¹

The primary goal of the Act is to protect the state's groundwater resources from contamination by regulating land use activities within designated Aquifer Protection Areas (APAs). These APAs are delineated around active public water supply wells in stratified drift aquifers that serve more than 1,000 people.²

The Act is administered and enforced by the DEEP in collaboration with local municipalities. Municipalities are responsible for adopting local aquifer protection regulations and implementing land use controls within APAs, while the DEEP oversees the program and provides technical assistance.³

Since its inception, the Act has undergone several amendments, most notably in 2006, which streamlined the process for delineating APAs and clarified the roles and responsibilities of the DEEP and municipalities in implementing the program.⁴

The Act achieves its goals by requiring land use activities within APAs to adhere to best management practices and performance standards designed to minimize the risk of groundwater contamination. Certain high-risk activities, such as the storage and handling of hazardous materials, are prohibited within APAs unless granted an exemption by the DEEP.⁵

What does the Connecticut Aquifer Protection Act protect?

The Connecticut Aquifer Protection Act specifically protects groundwater resources within designated Aquifer Protection Areas (APAs) from potential contamination caused by land use activities. The Act safeguards the quality of public drinking water supplies by regulating activities that could release contaminants into the groundwater, such as the storage and handling of hazardous materials, waste disposal, and certain industrial processes. By controlling land use within APAs and requiring adherence to best management practices, the Act helps maintain the purity of the state's vital groundwater resources.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Connecticut Aquifer Protection Act, enacted in 1989, aims to protect the state's vital groundwater resources from contamination by regulating activities within designated aquifer protection areas⁶. These areas are defined as the land that contributes groundwater to active public water supply wells serving over 1,000 people⁷. The Act primarily targets industrial and commercial activities that pose a significant risk to groundwater quality due to the use, storage, handling, or disposal of hazardous materials and waste⁸.

The following activities and substances are prohibited within aquifer protection areas under the Connecticut Aquifer Protection Act:

1. Underground storage of hazardous substances, including fuel oil and chemicals, unless the storage tank is double-walled or has secondary containment
2. Disposal of hazardous waste, radioactive material, or domestic sewage into septic systems or cesspools
3. Stockpiling of road salt or deicing materials without proper containment and coverage
4. Outdoor storage of commercial fertilizers and pesticides in quantities greater than those necessary for one year of normal use
5. New discharge of industrial wastewater to groundwater from facilities requiring a permit under the Clean Water Act

These prohibitions are designed to minimize the risk of groundwater contamination from accidental spills, leaks, or improper disposal practices. By targeting these high-risk activities and substances, the Act seeks to maintain the quality and safety of Connecticut's essential groundwater resources for current and future generations⁹.

Structure and Key Provisions

The Connecticut Aquifer Protection Act is structured into several key sections that define the scope, requirements, and enforcement mechanisms of the regulation. The main sections of the Act include¹⁰:

Section 22a-354a: Definitions

This section defines essential terms used throughout the Act, such as "aquifer protection area," "hazardous material," and "regulated activity."

Section 22a-354c: Delineation of aquifer protection areas

This section outlines the process for identifying and mapping aquifer protection areas, which is carried out by the Commissioner of Energy and Environmental Protection in cooperation with the Commissioner of Public Health and affected water companies.

Section 22a-354i: Regulation of activity within aquifer protection area

This section establishes the permitting requirements for regulated activities within aquifer protection areas. It mandates that any person engaging in a regulated activity must obtain a permit from the municipal aquifer protection agency or the state Department of Energy and Environmental Protection.

Section 22a-354s: Prohibited activities

This section lists the specific activities and substances that are prohibited within aquifer protection areas, as outlined in the previous section.

Section 22a-354u: Enforcement

This section grants the Commissioner of Energy and Environmental Protection the authority to issue orders and impose penalties for violations of the Act. It also allows for citizen suits against violators.

While this overview provides a general understanding of the Connecticut Aquifer Protection Act's structure and key provisions, it is essential for readers to consult the full text of the regulation and engage with the relevant state and local agencies for project-specific guidance and requirements¹¹.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Connecticut Aquifer Protection Act establishes various standards and limitations to safeguard the state's groundwater resources from pollution. These include:

1. Land use restrictions: The Act prohibits certain high-risk land uses within designated Aquifer Protection Areas (APAs), such as hazardous waste disposal, oil and chemical storage, and industrial activities that pose a significant threat to groundwater quality.¹²

2. Performance standards: Regulated activities within APAs must adhere to specific performance standards designed to minimize the risk of groundwater contamination. These standards may include requirements for spill prevention, containment, and control measures, as well as best management practices for handling and storing potential pollutants.¹³

3. Stormwater management: The Act requires developers to implement stormwater management practices that minimize the infiltration of pollutants into groundwater within APAs. This may involve the use of low-impact development techniques, such as permeable pavement, bioretention systems, and vegetated swales.¹⁴

These standards and limitations are implemented through a combination of local land use regulations, state permits, and ongoing monitoring and enforcement by the Connecticut Department of Energy and Environmental Protection (DEEP) and local aquifer protection agencies.

Monitoring, Reporting & Recordkeeping Obligations

Under the Connecticut Aquifer Protection Act, regulated entities within APAs may be subject to various monitoring, reporting, and recordkeeping requirements. These obligations are designed to ensure compliance with the Act's standards and limitations and to provide the relevant agencies with the information needed to protect groundwater resources effectively.

Examples of monitoring, reporting, and recordkeeping requirements may include:

• Groundwater monitoring: Regulated entities may be required to install and maintain groundwater monitoring wells to detect any potential contamination early.¹⁵
• Spill reporting: In the event of a spill or release of a potential pollutant within an APA, regulated entities must promptly report the incident to the appropriate authorities and take immediate action to contain and remediate the spill.¹⁶
• Recordkeeping: Regulated entities may be required to maintain records of their activities within APAs, including information on the use, storage, and disposal of potential pollutants, as well as any monitoring or spill response actions taken.¹⁷

Developers and consultants should work closely with the Connecticut DEEP and local aquifer protection agencies to understand and fulfill the specific monitoring, reporting, and recordkeeping obligations that apply to their projects within APAs.

Enforcement Actions & Penalties

The Connecticut Aquifer Protection Act provides for various enforcement actions and penalties to address violations of the Act's standards and limitations. These enforcement measures are designed to ensure compliance and deter future violations.

Enforcement actions may include:

1. Notices of violation: The Connecticut DEEP or local aquifer protection agencies may issue notices of violation to regulated entities found to be in non-compliance with the Act's requirements. These notices typically require the entity to take corrective action within a specified timeframe.

2. Administrative orders: In more serious cases of non-compliance, the DEEP may issue administrative orders requiring regulated entities to cease certain activities, undertake remedial actions, or pay administrative penalties.

3. Civil and criminal penalties: Violations of the Act may also result in civil or criminal penalties, depending on the nature and severity of the violation. Civil penalties can range up to $25,000 per day per violation, while criminal penalties may include fines and imprisonment.

To avoid enforcement actions and penalties, it is crucial for developers and consultants to prioritize proactive compliance with the Act's requirements and to engage early and often with the relevant agencies. By working closely with the Connecticut DEEP and local aquifer protection agencies, project proponents can ensure that their activities within APAs are fully compliant with the applicable standards and limitations.

For more detailed information on the specific enforcement provisions and penalty structures under the Connecticut Aquifer Protection Act, readers should consult the full text of the regulation and seek guidance from the appropriate state and local authorities.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

In recent years, the Connecticut Aquifer Protection Act has undergone several notable developments that have shaped the current regulatory landscape. One of the most significant changes was the passage of Public Act No. 17-211 in 2017, which amended the Act to streamline the permitting process for certain activities within aquifer protection areas. This amendment aimed to reduce administrative burdens while maintaining the Act's core purpose of protecting groundwater resources.

Another important development was the Connecticut Department of Energy and Environmental Protection's (DEEP) release of updated guidance documents in 2019, clarifying the requirements for regulated activities and providing more detailed instructions for completing permit applications ¹⁸. These guidance documents have helped developers and environmental consultants better understand their obligations under the Act and have facilitated more efficient compliance efforts.

Looking ahead, stakeholders should be aware of potential regulatory changes and policy shifts that may affect the implementation of the Connecticut Aquifer Protection Act. For example, DEEP has indicated that it is considering revisions to the Act's regulations to address emerging contaminants and to incorporate new scientific knowledge about groundwater protection ¹⁹. Additionally, ongoing litigation related to the Act's application to certain types of development projects may result in court decisions that clarify or modify the Act's requirements.

To stay informed about these developments, stakeholders can monitor DEEP's website, which provides updates on proposed regulatory changes and opportunities for public comment ²⁰. Subscribing to DEEP's mailing lists and attending public meetings or workshops can also help stakeholders stay current on the latest developments related to the Connecticut Aquifer Protection Act. Industry associations, such as the Connecticut Business and Industry Association (CBIA), also provide valuable resources and advocacy efforts focused on environmental regulations affecting businesses in the state.

Additional Resources

DEEP Aquifer Protection Area Program Fact Sheet: A concise overview of the Aquifer Protection Area Program, including key requirements and resources for regulated entities.

DEEP Aquifer Protection Area Municipal Manual: A comprehensive guide for municipalities on implementing and administering the Aquifer Protection Area Program, with detailed information on land use regulations and best management practices.

Connecticut Aquifer Protection Area Interactive Map: An interactive map tool that allows users to locate aquifer protection areas and view related information, such as regulated activities and permit requirements.