(a) The Commissioner may, after the receipt
of an application in accordance with the provisions of this section, exempt a
regulated activity from the state aquifer protection regulations if he
determines that such activity does not and will not pose a threat to any public
supply well subject to regulation under section
22a-354c
or
22a-354z
of the Connecticut General Statutes. An exemption shall not be granted unless
the owner of such activity clearly and convincingly demonstrates and the
Commissioner finds that, if any hazardous material is released into the ground
from the subject regulated activity, treatment would not be required to render
the ground water suitable for drinking. Any exemption granted by the
Commissioner shall be in writing, shall explicitly state the findings upon
which the exemption was granted, and shall provide for the terms of such
exemption.
(b) An applicant for an
exemption under subsection (a) of this section shall submit an application
therefor to the Commissioner on a form prescribed by him, and shall
concurrently submit a copy of such application to the municipal aquifer
protection agency, any affected water company and the Commissioner of Public
Health. The application shall include at least the following:
(1) A map showing the location of the subject
regulated activity plotted on a 1:24,000 scale United States Geological Survey
topographic quadrangle base;
(2) a
description of the purpose and nature of the subject regulated activity, and
any associated processes;
(3) a
description of the chemical composition of the hazardous material and means of
disposal of any waste, including waste water, generated or to be generated in
connection with the subject regulated activity;
(4) a map showing the location of all points
of any waste water discharged or to be discharged to waters of the state,
plotted on a 1:24,000 scale United States Geological Survey topographic
quadrangle base, and if the discharge points are of a density such that they
may not be clearly shown at the scale of 1:24,000, an enlargement of that area
showing the discharge points shall be provided;
(5) a written demonstration that any
hazardous material released into the ground from the subject regulated activity
would not render the ground water unsuitable for drinking without
treatment;
(6) any other
information that the Commissioner reasonably deems necessary to determine
whether the subject regulated activity poses or may pose a threat to the ground
water; and
(7) the following
certification by the applicant and a certified hazardous materials manager or a
professional engineer signed after satisfying the statements set forth in the
following certification:
"I have personally examined and am familiar with the
information submitted in this exemption application and all attachments, and I
certify, based on reasonable investigation, including my inquiry of those
individuals responsible for obtaining the information, the submitted
information is true, accurate and complete to the best of my knowledge and
belief. I understand that any false statement made in the submitted information
is punishable as a criminal offense under section
53a-157b
of the Connecticut General Statutes and any other applicable law."
(c) A municipal aquifer
protection agency, any affected water company or the Commissioner of Public
Health may, not later than sixty (60) days after receiving a copy of an
application for exemption under this section, submit to the Commissioner
written comments on such application. The Commissioner shall give due
consideration to any such comments.
(d) The Commissioner shall send a notice by
certified mail to the applicant of his approval or denial of an exemption
application and a copy of the notice to the Commissioner of the Department of
Public Health, the affected water company and the municipal aquifer protection
agency.
(e) If the Commissioner
denies an application for an exemption for a regulated activity, such regulated
activity is prohibited unless such activity can be registered pursuant to
section
22a-354i-7
of the Regulations of Connecticut State Agencies. Any such registration shall
be made not later than thirty (30) days after receipt of the Commissioner's
written disapproval of the exemption. The Commissioner shall send notice of
said disapproval by certified mail.