(a) The
Commissioner shall process registrations for those regulated activities
specified in section
22a-354p(g)
of the Connecticut General Statutes. The municipal aquifer protection agency
shall process registrations for all other regulated activities.
(b) Any person engaged in a regulated
activity which substantially commenced, or was in active operation within the
past five (5) years, or with respect to which a municipal building permit was
issued, either (A) before the effective date of the state aquifer protection
regulations, or (B) before the date an applicable aquifer protection area is
designated on a municipal zoning district map or inland wetland map, whichever
occurs later, shall register the activity on a form prescribed by the
Commissioner in accordance with this section unless such person has pending an
application for an exemption pursuant to section
22a-354i-6
of the Regulations of Connecticut State Agencies.
(1) If the regulated activity is specified in
section
22a-354p(g)
of the Connecticut General Statutes, the person engaged in such activity shall
submit a registration to the Commissioner not later than one hundred eighty
(180) days, unless otherwise authorized in writing by the commissioner, after
adoption of regulations pursuant to section
22a-354p
of the Connecticut General Statutes; or the designation the aquifer protection
area pursuant to section
22a-354i-2
of the Regulations of Connecticut State Agencies, whichever occurs later. Said
person shall simultaneously file a copy of the registration with the municipal
aquifer protection agency, Commissioner of Public Health and the affected water
company.
(2) If the regulated
activity is not specified in section
22a-354p(g)
of the Connecticut General Statutes, the person engaged in such activity shall
submit a registration to the municipal aquifer protection agency not later than
one hundred eighty (180) days, unless otherwise authorized in writing by the
commissioner, after adoption of regulations pursuant to section
22a-354p
of the Connecticut General Statutes; or the designation the aquifer protection
area pursuant to section
22a-354i-2
of the Regulations of Connecticut State Agencies; whichever occurs later. Said
person shall simultaneously file a copy of the registration with the
Commissioner, Commissioner of Public Health and the affected water
company.
(c) A
registration shall include the following:
(1)
The name, business telephone number, street address and mailing address of the:
(A) Registrant; if the registrant is a
corporation or limited partnership, the full name of the facility and such
corporation or limited partnership as registered with the Connecticut Secretary
of State, and any officer or governing or managing body of any partnership,
association, firm or corporation,
(B) owner of such facility if different than
the registrant, and
(C) manager or
operator overseeing the operations of such facility;
(2) the location of such facility, using
street address or other appropriate method of location, and a map showing the
property boundaries of the facility on a 1:24,000 scale United States
Geological Survey topographic quadrangle base;
(3) an identification of the regulated
activity or activities conducted at the facility, as described in section
22a-354i-1(34)
of the Regulations of Connecticut State Agencies, which regulated activity or
activities shall consist of any regulated activity which substantially
commenced, was in active operation, or with respect to which a municipal
building permit was issued within the past five years; and
(4) a certification by the registrant that
the subject regulated activity is in compliance with the best management
practices set forth in section
22a-354i-9(a)
of the Regulations of Connecticut State Agencies, as follows, signed after
satisfying the statements set forth in the following certification:
"I have personally examined and am familiar with the
information submitted in this registration 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 this document or certification may be punishable as
a criminal offense under section
53a-157b
of the Connecticut General Statutes and any other applicable law."
(d) When deemed
necessary to protect a public supply well subject to regulation under section
22a-354c
or section
22a-354z
of the Connecticut General Statutes, the Commissioner or the municipal aquifer
protection agency, as appropriate, may:
(1)
require, by written notice, any registrant to submit for review and written
approval a storm water management plan in accordance with section
22a-354i-9(b)
of the Regulations of Connecticut State Agencies; if so required, the storm
water management plan shall be implemented immediately upon its approval;
or
(2) require, by written notice,
any registrant to submit for review and written approval the materials
management plan prepared in accordance with 22a-354i-9(a)(5) of the Regulations
of Connecticut State Agencies; if so required, the materials management plan
shall be implemented immediately upon its approval.
(e) General provisions in the issuance of all
registrations are as follows:
(1) The
Commissioner or municipal aquifer protection agency, as appropriate, has relied
in whole or in part on information provided by the registrant and if such
information subsequently proves to be false, deceptive, incomplete or
inaccurate, the registration may be modified, suspended or revoked;
(2) all registrations issued by the
Commissioner or municipal aquifer protection agency, as appropriate, are
subject to and do not derogate any present or future rights or powers of the
Commissioner, municipal aquifer protection agency, or municipality, and convey
no rights in real estate or material nor any exclusive privileges, and are
further subject to any and all public and private rights and to any federal,
state, and municipal laws or regulations pertinent to the subject land or
activity;
(3) a complete
registration shall expire five (5) years from the date of receipt of such
registration by the Commissioner or municipal aquifer protection agency, as
appropriate; and
(4) the registrant
shall apply to the Commissioner or municipal aquifer protection agency, as
appropriate, to renew the registration on a form prescribed by the Commissioner
for a facility prior to expiration of such registration. If a registered
regulated activity is out of business or inactive when registration renewal is
required, a five (5) year allowance shall be in effect from the date the
registration expires. If the registrant has not applied to renew the
registration within five (5) years of the date the registration expires, the
facility is no longer eligible for registration.
(f) If a regulated activity which is eligible
for registration in accordance with subsection (b) of this section fails to be
registered or if the registrant of an active registered activity fails to apply
for renewal prior to expiration, the Commissioner or municipal aquifer
protection agency, as appropriate, may accept a late registration at their
discretion, subject to the limitations in subsection (e)(4) of this
section.
(g) The registrant may
apply to transfer the registration for a facility. Such application for
transfer shall be made to the commissioner or municipal aquifer protection
agency, as appropriate.
(1) A registration for
regulated activities specified in section
22a-354p(g)
of the Connecticut General Statutes, may be transferred by the Commissioner.
Such transfer shall be executed in conformance with sections
22a-6o and
22a-6m
of the Connecticut General Statutes using a form prescribed by the
Commissioner.
(2) A registration
for regulated activities not specified in section
22a-354p(g)
of the Connecticut General Statutes may be transferred by the municipal aquifer
protection agency. Such transfer shall be executed using a form prescribed by
the Commissioner and submitted to the municipal aquifer protection
agency.
(h) If the
Commissioner, or the municipal aquifer protection agency, as appropriate,
determines that a registration submitted in accordance with subsection (b), (e)
or (f) of this section is incomplete, the Commissioner or the municipal aquifer
protection agency shall reject the registration and notify the registrant of
what additional information is needed and the date by which it must be
submitted. If the registration submitted in accordance with subsection (b), (e)
or (f) of this section is determined to be complete and the regulated activity
is eligible for registration, the commissioner or municipal aquifer protection
agency, as appropriate, shall send written notification of such registration to
the registrant. Such registration shall be determined to be complete and
eligible if the registrant has not otherwise received a notice of rejection or
notice that the regulated activity is not eligible for registration from the
Commissioner, or the municipal aquifer protection agency, as appropriate, not
later than one hundred eighty (180) days after the date the registration is
received by the Commissioner or municipal aquifer protection agency, as
appropriate.