Conn. Agencies Regs. § 19-13-B101 - Testing of water quality in private water supply systems
(a)
Definitions. As used in this
section:
(1) "Approved laboratory" means a
laboratory facility issued a certificate of approval by the Department of
Public Health pursuant to sections
19-4-1,
19a-36-a25 through 19a-36-a33, and 19a-36-a57 through 19a-36-a63 of the
regulations of Connecticut State Agencies.
(2) "Consumer" means any private dwelling,
hotel, motel, boarding house, apartment building, store, office building,
institution, mechanical or manufacturing establishment or other place of
business or industry to which water is supplied by a source of private water
supply.
(3) "Department" means the
Connecticut Department of Public Health.
(4) "Disinfected" means pathogenic organisms
in the water have been deactivated by chemical oxidants such as chlorine or
equivalent agents.
(5) "Domestic
purposes" means drinking, bathing, washing of clothes and dishes, cooking, and
other common household uses.
(6)
"Local director of health" means and includes the city, town, borough, or
district director of health and any person legally authorized to act for the
local director of health.
(7)
"Maximum contaminant level (MCL)" means the maximum permissible level of a
biological or chemical substance in water for a private water supply
system.
(8) "Organic chemicals"
means all substances listed in section
19-13-B102(e)
(4) of the regulations of Connecticut State Agencies.
(9) "Private water supply system" means any
source of private water supply serving a single consumer and less than twenty
five (25) persons, and used for drinking or other domestic purposes.
(10) "Qualified individual" means a licensed
sanitarian, local director of health, employee of the department, employees of
local or state agencies as part of their regulatory or statutory
responsibilities, or a person, including an owner or general contractor of a
residential construction on which a private water supply system is located,
found to be qualified by an approved laboratory to collect water samples from a
private water supply system for submission to that laboratory.
(11) "Source of private water supply" means
any surface water, spring, well, or underground water source from which water
is available by a private water supply system for domestic purposes.
(b) A sample of water collected
from a private water supply by a qualified individual shall not be analyzed by
the approved laboratory unless it is accompanied by a statement signed by the
qualified individual indicating the location of the sample and the address of
the private water supply.
(c) MCLS
for a private water supply system shall conform to those specified in
subdivisions (2), (3) and (4) of subsection (e) of section
19-13-B102
of the regulations of Connecticut State Agencies. The MCL for total coliform
bacteria in a private water system is exceeded if the analytical result of the
water sample is positive for total coliform bacteria.
(d) The owner of a private water supply
system shall have the source of the private water supply sampled directly or
sampled from a cold water faucet supplying water for domestic purposes that is
located within the building. If water treatment is provided the owner shall
have the sample collected prior to any treatment. The sample shall be at a
minimum analyzed for total coliform, nitrate, nitrite, sodium, chloride, iron,
manganese, hardness, turbidity, pH, sulfate, apparent color and odor. The local
director of health shall require a sample to be analyzed for organic chemicals
when reasonable grounds exist to suspect that organic chemicals may be present
in the private water supply system. For purposes of organic chemical analyses
reasonable grounds means any information that is known by the local director of
health that indicates that at the time of sampling the particular private water
supply system is located on or in proximity to land associated with the past or
present production, storage, use, or disposal of organic chemicals or such
information as derived from a phase I environmental site assessment. In the
event nitrate is at or greater than 10 milligrams per liter and the local
director of health has reasonable grounds to suspect such pesticides or
herbicides are present the sample shall also be tested for alachlor, atrazine,
dicamba, ethylene dibromide (EDB), metolachlor, simazine and 2,4-D. For
purposes of these seven pesticide or herbicide analyses, reasonable grounds
includes but is not limited to any information that is known by the director of
health at the time of sampling that the particular private water supply is
located on or in proximity to land where any of these seven pesticides or
herbicides are or were applied on or in proximity to land used for the
production, storage, use or disposal of any of these seven pesticides or
herbicides or such information as derived from a phase I environmental site
assessment. Compliance with this section shall conform to the following
conditions as applicable:
(1) The water
quality of a newly constructed source of private water supply shall be sampled
by a qualified individual and analyzed by an approved laboratory. The private
water supply system shall have been disinfected and the system shall not be
sampled until all disinfectant has dissipated. The results of such analyses and
a statement signed by a qualified individual attesting to the exact address and
location of sampling shall be reported by the approved laboratory to the local
director of health of the municipality where the property is located within
thirty (30) days of the completion of such analyses. Approval by the local
director of health that the results of the laboratory analyses comply with MCLS
applicable to this section shall be obtained before the private water supply is
used for domestic purposes.
(2) If
an existing private water supply system is sampled within six (6) months of the
sale of the property on which the private water supply system is located, it
must be sampled by a qualified individual and analyzed by an approved
laboratory. The results of the analyses conducted shall be reported by the
approved laboratory to the local director of health of the municipality where
the property is located within thirty (30) days of the completion of the
analyses. A test of a private water supply system shall not be required by this
section as a consequence or condition of sale, exchange, transfer, purchase or
rental of the real property on which the private water supply system is
located.
(e) This
section shall apply to purchase agreements or contracts for the sale of real
estate executed on or after December 30, 1996 where title to real estate has
not yet passed and to transfers of real estate occurring between December 30,
1996 and the effective date of these regulations where the tests or analyses
described in this section were not performed prior to the transfer.
Notes
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