(a) General
Standards of Surface Water Quality
(1) It is
the state's goal to restore or maintain the chemical, physical and biological
integrity of surface waters. Where attainable, the level of water quality that
provides for the protection and propagation of fish, shellfish, and wildlife
and recreation in and on the water shall be achieved. This standard shall be
met, unless:
(A) a use attainability analysis
prepared pursuant to subsections (g) and (j) of
40 CFR
131.10
demonstrates that the surface water has been irreparably altered to the extent
that certain designated uses have been permanently lost; and
(B) quality criteria necessary to protect all
other existing and designated uses of the surface water have been adopted by
the Commissioner as a revision to the Connecticut Water Quality Standards in
accordance with section
22a-426
of the Connecticut General Statutes.
(2) Periodic re-examination of such
designated use decisions shall be performed as required by
40 CFR
131.20.
(3) Physical obstructions such as dams, which
prevent fish migration for spawning and growth, shall not be considered a valid
reason for failure to achieve and maintain water quality conditions necessary
to support all designated uses of a surface water unless the Commissioner has
approved a Use Attainability Analysis documenting that a designated use is not
attainable for such surface water.
(4) Water Quality Criteria do not apply to
environmental conditions brought about by natural causes or
conditions.
(5) Surface waters and
sediments shall be free from chemical constituents in concentrations or
combinations which will or can reasonably be expected to result in acute or
chronic toxicity to aquatic organisms or otherwise impair the biological
integrity of aquatic or marine ecosystems outside of any dredged material
disposal area or areas designated by the Commissioner for disposal or placement
of fill materials or any zone of influence allowed by the Commissioner, or
bioconcentrate or bioaccumulate in tissues of fish, shellfish and other aquatic
organisms at levels which will impair the health of aquatic organisms or
wildlife or result in unacceptable tastes, odors or health risks to human
consumers of aquatic organisms or wildlife as determined by the Commissioner
unless such sediments are capped with material suitable for unconfined, open
water disposal as an appropriate means of ensuring consistency with this
standard as approved by the Commissioner in writing. In determining consistency
with this Standard, the Commissioner shall at a minimum consider the numeric
criteria listed in Table 3 of section
22a-426-9 of the Regulations of
Connecticut State Agencies and any other information the Commissioner deems
relevant.
(6) Except within dredged
material disposal areas or areas designated by the Commissioner for disposal or
placement of fill materials, surface waters and bottom sediments shall be
substantially free of pollutants that:
(A)
unduly affect the composition of bottom fauna;
(B) unduly affect the physical or chemical
nature of the bottom; or
(C)
interfere with the propagation or habitats of shellfish, finfish and
wildlife.
(7) Dredged
materials disposed of at a dredged material disposal area shall not result in:
(A) floating residues of any sort;
(B) release of any substance which may result
in long-term or permanent degradation of water quality in surface waters
overlying or adjacent to the disposal areas;
(C) dispersal of contaminated sediments
outside a dredged material disposal area other than that occurring as a
transient plume during disposal operations; or
(D) biological mobilization and subsequent
transport of toxic substances to food chains.
(8) The Commissioner may consider Best
Management Practices including but not limited to capping the dredged material
with material suitable for unconfined open water disposal as an appropriate
means of ensuring consistency with subdivisions (6) or (7) of this
subsection.
(9) The Commissioner,
pursuant to chapter 446k of the Connecticut General Statutes and regulations
adopted thereunder, will regulate discharges to the surface waters to assure
that such discharges do not cause acute or chronic toxicity to freshwater and
marine aquatic life and wildlife, do not impair the biological integrity of
freshwater and marine ecosystems and do not create an unacceptable risk to
human health as determined by the Commissioner.
(A) In making a determination under chapter
446k of the Connecticut General Statutes as to whether a discharge will or can
reasonably be expected to cause pollution of surface waters, the Commissioner
shall consider the numeric criteria for the chemical constituents listed in
Table 3 of section
22a-426-9 of the Regulations of
Connecticut State Agencies.
(B) The
discharge of radioactive materials to a surface water in concentrations or
combinations which would be harmful to human, animal or aquatic life shall not
be allowed. The applicable criteria can be found in 10 CFR
20.
(C) Evaluation of a discharge or discharge of
dredged or fill material to wetlands shall include consideration of the manner
in which such wetlands support existing and designated uses and protect and
maintain downstream water quality.
(D) The discharge of sewage from any vessel
to any water is prohibited.
(E)
Disinfection shall be required for all treated sewage discharges to surface
waters. The period of disinfection shall vary depending on the characteristics
of the receiving surface water as described below:
(i) Continuous disinfection shall be required
at all sewage treatment plants located south of Interstate Highway 95 (I-95) to
protect shellfish resources.
(ii)
Disinfection shall be required from May 1 to October 1 at all sewage treatment
plants located north of Interstate Highway 95 (I-95). Seasonal disinfection is
intended to protect the sanitary quality of bathing waters, and minimize
adverse impacts to aquatic life associated with disinfection. An alternative
schedule, including continuous disinfection, may be required if found necessary
by the Commissioner to protect existing or designated uses.
(iii) For those Class B surface waters
located north of Interstate Highway 95 (I-95) and downstream of a sewage
treatment plant providing seasonal disinfection as authorized by the
Commissioner, criteria for indicator bacteria do not apply during periods when
disinfection is not required.
(10) Best Management Practices for control of
non-point source pollutants may be required by the Commissioner on a
case-by-case basis.
(11) The
Commissioner shall require Best Management Practices, including the imposition
of discharge limitations or other reasonable controls on a case-by-case basis
as necessary for point and nonpoint sources of phosphorus and nitrogen,
including sources of atmospheric deposition, which have the potential to
contribute to the impairment of any surface water, to ensure maintenance and
attainment of existing and designated uses, restore impaired waters, and
prevent excessive anthropogenic inputs of nutrients or impairment of downstream
waters.
(12) Such use of Best
Management Practices and other reasonable controls on nonpoint sources of
nutrients and sediment are preferable to the use of biocides to address a
trophic state that has been altered due to excessive anthropogenic
inputs.
(13) Biological Condition
criteria may be utilized where appropriate for assessment of the biological
integrity of surface waters.
(14)
Surface water quality monitoring methods shall be consistent with
40 CFR
130.4 or other equivalent monitoring methods
approved in writing by the Commissioner.
(15) Surface waters which are not
specifically classified shall be considered as Class A or Class SA.
(16) Watercourses which are contained in
drainage conduits or pipes and which are not assigned a specific class are
considered to be the class of the water body segment into which they
discharge.
(b)
Class AA Waters and Designated Uses
(1) Surface waters classified as Class AA are
those waters shown as such on the map titled Water Quality Classifications on
file with the department and that may be amended from time to time in
accordance with subsections (d) through (g) of section
22a-426
of the Connecticut General Statutes. The designated uses for Class AA waters
are:
(A) existing or proposed drinking water
supplies;
(B) habitat for fish and
other aquatic life and wildlife;
(C) recreation; and
(D) water supply for industry and
agriculture.
(2) Surface
waters identified as potential drinking water supplies in the Long Range Plan
for Management of Water Resources prepared and adopted pursuant to section
22a-352
of the Connecticut General Statutes shall be designated Class AA. The
Commissioner may, with the concurrence of the Commissioner of the Department of
Public Health, designate other surface waters as Class AA including surface
waters that:
(A) have been designated a
proposed drinking water supply in Connecticut's Conservation and Development
Policies Plan;
(B) have been
recommended for future use as a drinking water supply in the current approved
water supply plan submitted and approved pursuant to section
25-32d of the
Connecticut General Statutes;
(C)
the Commissioner has issued a Diversion Permit authorizing use as a drinking
water supply; or
(D) have been
identified in a request from a municipality for designation as a drinking water
supply at a public hearing concerning water quality classifications.
(c)
Class AA
Allowable Discharges
(1) Section
22a-417
of the Connecticut General Statutes imposes an absolute restriction on the
discharge of sewage to Class AA reservoirs and their tributaries. The existence
of a discharge to a surface water which occurs outside the state that then
flows into the state shall not be considered a valid reason for either relaxing
the restriction in Connecticut or changing the Class AA designation. It is a
policy of the state to pursue the adoption of compatible Water Quality
Standards in neighboring states to assure the protection of Connecticut
drinking water supplies.
(2)
Discharges to Class AA surface waters may be permitted by the Commissioner from
public or private drinking water treatment systems, dredging activity and
dredge material dewatering operations, including the discharge of dredged or
fill material and clean water discharges. Such discharges shall be subject to
the approval of the Commissioner of Public Health. The Commissioner may
authorize other discharges to Class AA surface waters provided the Commissioner
finds such discharge will be of short duration and is necessary to remediate
surface water or ground water pollution. Any such discharge shall be treated or
controlled to a level which, in the judgment of the Commissioner, protects
aquatic life and public health.
(d)
Class A Waters and Designated
Uses
Surface waters classified as Class A are those waters shown as
such on the map titled Water Quality Classifications on file with the
department and that may be amended from time to time in accordance with
subsections (d) through (g) of section
22a-426
of the Connecticut General Statutes. The designated uses for Class A waters
are:
(1) habitat for fish and other
aquatic life and wildlife;
(2)
potential drinking water supplies;
(3) recreation;
(4) navigation; and
(5) water supply for industry and
agriculture.
(e)
Class A Allowable Discharges
(1)
The Commissioner may authorize certain treated domestic sewage discharges to
Class A surface waters provided the Commissioner finds that:
(A) such discharge is deemed necessary by the
Commissioner to abate ground water or surface water pollution from a domestic
sewage disposal system that was in use prior to February 28, 2011;
(B) such discharge is treated or controlled
to the maximum extent practicable in the subsurface and in all cases to a level
that in the judgment of the Commissioner, in consultation with the Commissioner
of Public Health, protects the environment, public health, safety and
welfare;
(C) such discharge does
not constitute a community pollution problem as defined in section
22a-423
of the Connecticut General Statutes;
(D) a demonstration has been made to the
satisfaction of the Commissioner that no technically and economically feasible
alternative exists for such discharge; and
(E) such discharge is not being sought in
connection with a new source, new or expanded building or development, or a
change to the design or use of an existing building or development, which
change results in, or as designed may result in, an increase in:
(i) the occupancy of such building or
development or
(ii) the discharge
from such building or development.
(2) The Commissioner may require such
discharge to be eliminated should future conditions provide a technically or
economically feasible alternative to authorizing such discharge.
(3) Discharges to Class A surface waters may
be permitted by the Commissioner from public or private drinking water
treatment systems, dredging activity and dredge material dewatering operations,
including the discharge of dredged or fill material and clean water discharges.
The Commissioner may authorize other discharges to Class A surface waters
provided the Commissioner finds such discharge will be of short duration and is
necessary to remediate surface water or ground water pollution. Any such
discharge shall be treated or controlled to a level which, in the judgment of
the Commissioner, protects aquatic life and public health.
(f)
Class SA Waters and Designated
Uses
Surface waters classified as Class SA are those waters shown as
such on the map titled Water Quality Classifications on file with the
department and that may be amended from time to time in accordance with
subsections (d) through (g) of section
22a-426
of the Connecticut General Statutes. The designated uses for Class SA waters
are:
(1) habitat for marine fish,
other aquatic life and wildlife;
(2) shellfish harvesting for direct human
consumption;
(3)
recreation;
(4) industrial water
supply; and
(5)
navigation
(g)
Class SA Allowable Discharges
(1) The Commissioner may authorize certain
treated domestic sewage discharges to Class SA surface waters provided the
Commissioner finds that:
(A) such discharge is
deemed necessary by the Commissioner to abate ground water or surface water
pollution from a domestic sewage disposal system that was in use prior to
February 28, 2011;
(B) such
discharge is treated or controlled to the maximum extent practicable in the
subsurface and in all cases to a level that in the judgment of the
Commissioner, in consultation with the Commissioner of Public Health, protects
the environment, public health, safety and welfare;
(C) such discharge does not constitute a
community pollution problem as defined in section
22a-423
of the Connecticut General Statutes;
(D) a demonstration has been made to the
satisfaction of the Commissioner that no technically and economically feasible
alternative exists for such discharge; and
(E) such discharge is not being sought in
connection with a new source, new or expanded building or development, or a
change to the design or use of an existing building or development, which
change results in, or as designed may result in, an increase in:
(i) the occupancy of such building or
development or
(ii) the discharge
from such building or development.
(2) The Commissioner may require such
discharge to be eliminated should future conditions provide a technically or
economically feasible alternative to authorizing such discharge.
(3) Discharges to Class SA surface waters may
be permitted by the Commissioner from public or private drinking water
treatment systems, dredging activity and dredge material dewatering operations,
including the discharge of dredged or fill material and clean water discharges.
The Commissioner may authorize other discharges to Class SA surface waters
provided the Commissioner finds such discharge will be of short duration and is
necessary to remediate surface water or ground water pollution. Any such
discharge shall be treated or controlled to a level which in the judgment of
the Commissioner protects aquatic life and public health.
(h)
Class B Waters and Designated
Uses
Surface waters classified as Class B are those waters shown as
such on the map titled Water Quality Classifications on file with the
department and that may be amended from time to time in accordance with
subsections (d) through (g) of section
22a-426
of the Connecticut General Statutes. The designated uses for Class B waters
are:
(1) habitat for fish and other
aquatic life and wildlife;
(2)
recreation;
(3) navigation;
and
(4) industrial and agricultural
water supply.
(i)
Class B Allowable Discharges
(1)
Discharges may be permitted for all those discharges allowed in Class AA, A and
SA surface waters, cooling water discharges, discharges from municipal and
industrial wastewater treatment systems and other discharges subject to the
provisions of Section
22a-430
of the Connecticut General Statutes.
(2) Class B* is a subset of Class B waters
applicable to Candlewood Lake and is identical in all ways to the designated
uses, criteria, and standards for Class B waters except no direct wastewater
discharges are allowed other than those consistent with Class AA, A and SA
surface waters.
(j)
Class SB Waters and Designated Uses
Surface waters classified as Class SB are those waters shown as
such on the map titled Water Quality Classifications on file with the
department and that may be amended from time to time in accordance with
subsections (d) through (g) of section
22a-426
of the Connecticut General Statutes. The designated uses for Class SB waters
are:
(1) habitat for marine fish,
other aquatic life and wildlife;
(2) commercial shellfish
harvesting;
(3)
recreation;
(4) industrial water
supply; and
(5)
navigation.
(k)
Class SB Allowable Discharges
Discharges may be permitted for all those allowed in Class AA,
A and SA surface waters, cooling water discharges, discharges from municipal
and industrial wastewater treatment systems and other discharges subject to the
provisions of section
22a-430
of the Connecticut General Statutes.
(l)
Zone of Influence
(1) The Commissioner may, on a case-by-case
basis, establish zones of influence when authorizing discharges to surface
waters under sections
22a-430
and
22a-133(k)
of the Connecticut General Statutes in order to allocate a portion of the
receiving surface waters for mixing and assimilation of the discharge. In
establishing a zone of influence the Commissioner shall consider without
limitation:
(A) the characteristics of the
discharge, such as its volume, strength, temperature and the persistence of any
substances in the discharge, potential bioaccumulation or bioconcentration of
these substances in aquatic organisms, and the potential for any substances,
either singly or in combination with other substances present in the discharge
or receiving surface water body to result in an unacceptable risk to human
health or the environment;
(B) an
allowance for a continuous zone of passage for free swimming and drifting
organisms;
(C) the effect of the
discharge on spawning grounds or nursery areas of sensitive aquatic organisms
or areas utilized by aquatic organisms for shelter and living space;
(D) the effect of the discharge on the
aesthetic quality of the receiving water including but not limited to the
potential to cause objectionable deposits, floating debris, oil, scum, and
other materials that form nuisances or produce objectionable color, odor,
taste, or turbidity, or that may attract undesirable aquatic life or wildlife,
or result in the dominance of nuisance species;
(E) the location of other discharges in the
receiving surface water body to insure that the cumulative effect of adjacent
zones of influence will not significantly reduce the environmental value or
preclude any existing or designated uses of the receiving surface
water.
(2) Assessment of
environmental value will be based on the characteristics of the receiving
surface water including but not limited to:
(A) type of water body;
(B) velocity;
(C) depth;
(D) number and type of aquatic
habitats;
(E) migration
patterns;
(F) nature of the food
chain;
(G) level of
productivity;
(H) water
temperature;
(I) condition of
associated biological communities;
(J) ability of tributaries to provide
biological recruitment;
(K)
presence of endangered species, known locations of endangered species are
identified on maps entitled "State and Federal Listed Species and Significant
Natural Communities", as amended. These maps are available at city or town
clerk offices and in the Connecticut Department of Energy and Environmental
Protection File Room located on the store level of 79 Elm Street, Hartford;
and
(L) value to human uses (such
as aesthetic, commercial, sport fishing and recreational uses).
(3) Unless otherwise indicated in
sections
22a-426-2 to
22a-426-9, inclusive, of the
Regulation of Connecticut State Agencies, the applicable water quality criteria
apply outside the zone of influence for a discharge.
(4) The zone of influence shall be limited to
the maximum extent possible.
(5)
Establishment of a zone of influence shall not preclude attainment of any
existing or designated uses of the receiving surface waters.
(6) The area and volume of receiving water
allocated to zones of influence shall be determined based on the unique
physical, chemical and biological characteristics of the receiving surface
water body.
(7) The Commissioner
may require applicants to provide information on receiving surface water and
wastewater characteristics including the volume of flow and area required for
mixing and assimilation of waste.
(8) Unless otherwise approved by the
Commissioner, the zone of influence for assimilation of a thermal discharge
shall be no greater than 25% of the cross-sectional area or volume of flow of
the receiving water.
(m)
Critical Low Flow
(1) The 7Q10
is the minimum flow to which the Connecticut Water Quality Standards for
surface waters apply, except when a surface water is regulated by dams or water
withdrawals sanctioned by law to result in flows below that level. In such
cases the Connecticut Water Quality Standards apply to that low flow determined
by section
26-141a-1, et
seq. of the Regulations of Connecticut State Agencies; sections
22a-365
to
22a-378a,
inclusive, of the general statutes; or
16
USC
791a et seq.
(2) Maintaining a long-term flow of 7Q10 or
less may result in significant stress on the physical and biological quality of
surface waters. In those surface waters at, near or below the naturally
occurring 7Q10 flow, more stringent Water Quality Criteria may be required to
achieve and maintain existing and designated uses.
(3) The Commissioner may approve discharge
limitations based on minimum average daily flow in excess of 7Q10 conditions,
provided the Commissioner is satisfied that special measures will be
implemented during low flow conditions which provide protection to the
environment at least as effective as that protection which would pertain if
limitations were based solely on 7Q10 conditions.
(4) Surface waters which are influenced by
tidal forces or which experience short-term variation in flow due to periodic
or irregular water release from upstream diversions or other causes may require
special consideration by the Commissioner when establishing a zone of influence
or issuing discharge permits under the provisions of section
22a-430
of the Connecticut General Statutes in order to protect existing and designated
uses, including consideration of the minimum flow to which the Connecticut
Water Quality Standards apply. Low flow in a tidal water body shall be
evaluated under low tide conditions unless another low flow regime is
demonstrated to the Commissioner's satisfaction to be protective of water
quality and aquatic resources.
(n)
Surface Water
Reclassification
Any person or municipality requesting a change in surface Water
Quality Classification shall demonstrate to the Commissioner that the proposed
new Classification is consistent with all existing or designated uses made of,
or presently possible in, such surface waters. Any such change in a Water
Quality Classification shall be subject to the public participation and the
application requirements set forth in subsection (f) of section
22a-426
of the general statutes. The Commissioner shall not approve a reclassification
which is not consistent with subsections (c)(2) and (c)(3) of section
22a-426-8 of the Regulations of
Connecticut State Agencies.