Conn. Agencies Regs. § 16-262m-4 - Options when main extensions are not feasible
(a) In
the event that the Department of Public Utility Control and Department of
Health Services determine that a main extension is not feasible, i.e. that it
is too costly to construct a main extension; and that no existing regulated
public service or municipal utility or regional water authority is willing to
expand or own, operate and maintain the final constructed water supply
facilities as a non-connected satellite system, the applicant may pursue the
following options:
(1) If an existing
regulated public service or municipal utility or regional water authority is
willing to provide satellite ownership and management services, but is unable
to meet all the criteria described in Sections
16-262m-8 and
16-262m-9
herein, the Department of Public Utility Control and the Department of Health
Services may waive specific criteria in writing, if it is deemed to be in the
best interest of the public affected.
(2) The applicant may withdraw the
application and request the town in which the project is to be constructed to
determine if the town's zoning requirements will permit individual wells. If
this proposal is acceptable to the town, the developer may change the
configuration of the project in order to accommodate individual wells. This
option is available to the applicant at any time and may be pursued without
obtaining a Certificate of Public Convenience and Necessity.
(3) The applicant may continue forward with
the application by sustaining the burden of proof that the entity that will own
the water system has the financial, managerial and technical resources to
operate the proposed water supply system in a reliable and efficient manner and
will provide continuous, adequate service to the proposed consumers to be
served by the system. The criteria for meeting this burden of proof is set
forth in Section
16-262m-9
of these Regulations. The above options must be pursued in the order presented,
i.e. option three cannot be pursued until options one and two have been
exhausted.
(b) Any party
who is aggrieved such that a specific personal and legal interest of said party
has been specially and adversely affected by the decision to approve, reject or
modify the application for the issuance of a Certificate may request a hearing
which will be held jointly before the Department of Public Utility Control and
the Department of Health Services. Such appeal will be based on the
Administrative record compiled by the Department of Public Utility Control and
the Department of Health Services including such additional relevant evidence
and testimony as the parties may submit.
(c) If a community water system, as defined
in Section
16-262m-1(a)
herein, is constructed without the required Certificate of Public Convenience
and Necessity, the Department of Public Utility Control and the Department of
Health Services shall notify the appropriate Town officials, of the Town in
which the system is located, that such Town is responsible for the future
operations of that community water system, in accordance with Section
8-25a
of the General Statutes of Connecticut.
Notes
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