Connecticut General Statutes
Chapter 446k - Water Pollution Control
Section 22a-478. - Eligible water quality projects. Eligible drinking water projects. Project grants. Grant account loans.

(a) The commissioner shall maintain a priority list of eligible water quality projects and shall establish a system setting the priority for making project grants, grant account loans and project loans. In establishing such priority list and ranking system, the commissioner shall consider all factors he deems relevant, including but not limited to the following: (1) The public health and safety; (2) protection of environmental resources; (3) population affected; (4) attainment of state water quality goals and standards; (5) consistency with the state plan of conservation and development; (6) state and federal regulations; (7) the formation in municipalities of local housing partnerships pursuant to the provisions of section 8-336f; and (8) the necessity and feasibility of implementing measures designed to mitigate the impact of a rise in sea level over the projected life span of such project. The priority list of eligible water quality projects shall include a description of each project and its purpose, impact, cost and construction schedule, and an explanation of the manner in which priorities were established. The commissioner shall adopt an interim priority list of eligible water quality projects for the purpose of making project grants, grant account loans and project loans prior to adoption of final regulations, which priority list shall be the priority list currently in effect under subsection (c) of section 22a-439.

(b) In each fiscal year the commissioner may make project grants, grant account loans and project loans to municipalities in the order of the priority list of eligible water quality projects to the extent of moneys available therefor in the appropriate accounts of the Clean Water Fund. Each municipality undertaking an eligible water quality project may apply for and receive a project grant and loan or project grants and loans in an amount equal to one hundred per cent of the eligible water quality project costs.
(c) The funding of an eligible water quality project shall be pursuant to a project funding agreement between the state, acting by and through the commissioner, and the municipality undertaking such project and shall be evidenced by a project fund obligation or grant account loan obligation, or both, or an interim funding obligation of such municipality issued in accordance with section 22a-479. A project funding agreement shall be in a form prescribed by the commissioner. Eligible water quality projects shall be funded as follows:
(1) A nonpoint source pollution abatement project shall receive a project grant of seventy-five per cent of the cost of the project determined to be eligible by the commissioner.
(2) A combined sewer project shall receive (A) a project grant of fifty per cent of the cost of the project, and (B) a loan for the remainder of the costs of the project, not exceeding one hundred per cent of the eligible water quality project costs.
(3) A construction contract eligible for financing awarded by a municipality on or after July 1, 2012, as a project undertaken for nutrient removal shall receive a project grant of thirty per cent of the cost of the project associated with nutrient removal, a twenty per cent grant for the balance of the cost of the project not related to nutrient removal, and a loan for the remainder of the costs of the project, not exceeding one hundred per cent of the eligible water quality project costs. Nutrient removal projects under design or construction on July 1, 2012, and projects that have been constructed but have not received permanent, Clean Water Fund financing, on July 1, 2012, shall be eligible to receive a project grant of thirty per cent of the cost of the project associated with nutrient removal, a twenty per cent grant for the balance of the cost of the project not related to nutrient removal, and a loan for the remainder of the costs of the project, not exceeding one hundred per cent of the eligible water quality project costs.
(4) If supplemental federal grant funds are available for Clean Water Fund projects specifically related to the clean-up of Long Island Sound that are funded on or after July 1, 2012, a distressed municipality, as defined in section 32-9p, may receive a combination of state and federal grants in an amount not to exceed fifty per cent of the cost of the project associated with nutrient removal, a twenty per cent grant for the balance of the cost of the project not related to nutrient removal, and a loan for the remainder of the costs of the project, not exceeding one hundred per cent of the allowable water quality project costs.
(5) A municipality with a water pollution control project, the construction of which began on or after July 1, 2003, which has (A) a population of five thousand or less, or (B) a population of greater than five thousand which has a discrete area containing a population of less than five thousand that is not contiguous with the existing sewerage system, shall be eligible to receive a grant in the amount of twenty-five per cent of the design and construction phase of eligible project costs, and a loan for the remainder of the costs of the project, not exceeding one hundred per cent of the eligible water quality project costs.
(6) Any contract entered into by a municipality prior to, on or after May 26, 2016, but before July 1, 2019, that is eligible for financing as a project undertaken for phosphorus removal to at or below thirty-one one hundredths milligrams per liter, provided such amount is specified as the average monthly effluent total phosphorous limit in a discharge permit issued to such municipality by the commissioner pursuant to section 22a-430, shall receive (A) a project grant of fifty per cent of the cost of the project associated with such phosphorus removal, (B) except as provided in subdivision (3) of this subsection, a twenty per cent grant for the balance of the cost of the project, and (C) a loan for the remainder of the costs of the project, not exceeding one hundred per cent of the eligible water quality project costs, provided nothing in this subdivision shall affect any requirement or schedule in any discharge permit issued by the commissioner pursuant to said section.
(7) A municipality with a 2012 population of not less than forty thousand but not more than forty-two thousand with a municipal sewerage system that provides a regional sewerage treatment capacity to not less than five abutting communities, each with 2012 populations of less than five thousand, shall receive funding levels consistent with subdivisions (1) to (6), inclusive, of this subsection plus an additional five per cent for the design and construction phase costs of an eligible water quality project and a loan for the remainder of the costs of such eligible water quality project, provided such loan shall not exceed one hundred per cent of the costs of such eligible water project.
(8) Any other eligible water quality project shall receive (A) a project grant of twenty per cent of the eligible cost, and (B) a loan for the remainder of the costs of the project, not exceeding one hundred per cent of the eligible project cost.
(9) Project agreements to fund eligible project costs with grants from the Clean Water Fund that were executed during or after the fiscal year beginning July 1, 2003, shall not be reduced according to the provisions of the regulations adopted under section 22a-482.
(10) On or after July 1, 2002, an eligible water quality project that exclusively addresses sewer collection and conveyance system improvements may receive a loan for one hundred per cent of the eligible costs provided such project does not receive a project grant. Any such sewer collection and conveyance system improvement project shall be rated, ranked, and funded separately from other water pollution control projects and shall be considered only if it is highly consistent with the state's conservation and development plan, or is primarily needed as the most cost effective solution to an existing area-wide pollution problem and incorporates minimal capacity for growth.
(11) All loans made in accordance with the provisions of this section for an eligible water quality project shall bear an interest rate of two per cent per annum. The commissioner may allow any project fund obligation, grant account loan obligation or interim funding obligation for an eligible water quality project to be repaid by a borrowing municipality prior to maturity without penalty.
(d) Each project loan and grant account loan for an eligible water quality project shall be made pursuant to a project funding agreement between the state, acting by and through the commissioner, and such municipality, and each project loan for an eligible water quality project shall be evidenced by a project loan obligation, each grant account loan for an eligible water quality project shall be evidenced by a grant account loan obligation, or either may be evidenced by an interim funding obligation of such municipality issued in accordance with sections 22a-475 to 22a-483, inclusive. Except as otherwise provided in said sections, each project funding agreement shall contain such terms and conditions, including provisions for default which shall be enforceable against a municipality, as shall be approved by the commissioner. Each project loan obligation, grant account loan obligation or interim funding obligation issued pursuant to a project funding agreement for an eligible water quality project shall bear interest at a rate of two per cent per annum. Except as otherwise provided in sections 22a-475 to 22a-483, inclusive, each project loan obligation, grant account loan obligation and interim funding obligation shall be issued in accordance with the terms and conditions set forth in the project funding agreement. Notwithstanding any other provision of the general statutes, public act or special act to the contrary, each project loan obligation and grant account loan obligation for an eligible water quality project shall mature no later than twenty years from the date of completion of the construction of the project and shall be paid in monthly installments of principal and interest or in monthly installments of principal unless a finding is otherwise made by the Treasurer of the state requiring a different payment schedule. Interest on each project loan obligation and grant account loan obligation for an eligible water quality project shall be payable monthly unless a finding is otherwise made by the Treasurer of the state requiring a different payment schedule. Principal and interest on interim funding obligations issued under a project funding agreement for an eligible water quality project shall be payable at such time or times as provided in the project funding agreement, not exceeding six months after the date of completion of the planning and design phase or the construction phase, as applicable, of the eligible water quality project, as determined by the commissioner, and may be paid from the proceeds of a renewal note or notes or from the proceeds of a project loan obligation or grant account loan obligation. The commissioner may allow any project loan obligation, grant account loan obligation or interim funding obligation for an eligible water quality project to be repaid by the borrowing municipality prior to maturity without penalty.
(e) (1) The commissioner may make a project grant or a grant account loan or both to a municipality pursuant to a project funding agreement for the planning and design phase of an eligible water quality project. Principal and interest on a grant account loan for the planning and design phases of an eligible water quality project may be paid from and included in the principal amount of a loan for the construction phase of an eligible water quality project.
(2) In lieu of a grant and loan pursuant to subsection (b) of this section, the commissioner, upon written request by a municipality, may make a project grant to such municipality in the amount of fifty-five per cent of the cost approved by the commissioner for the planning phase of an eligible water quality project.
(3) If supplemental federal grant funds are available for Clean Water Fund projects specifically related to the clean-up of Long Island Sound that are funded on or after July 1, 2003, a distressed municipality, as defined in section 32-9p, may receive a combination of state and federal grants in an amount not to exceed one hundred per cent of the cost, approved by the commissioner, for the planning phase of an eligible water quality project for nitrogen removal.
(f) A project grant, a grant account loan and a project loan for an eligible water quality project shall not be made to a municipality unless:
(1) In the case of a project grant, grant account loan and project loan for the construction phase, final plans and specifications for such project are approved by the commissioner;
(2) Each municipality undertaking such project provides assurances satisfactory to the commissioner that the municipality shall undertake and complete such project with due diligence and, in the case of a project loan for the construction phase, that it shall own such project and shall operate and maintain the eligible water quality project for a period and in a manner satisfactory to the commissioner after completion of such project;
(3) Each municipality undertaking such project has filed with the commissioner all applications and other documents prescribed by the commissioner within time periods prescribed by the commissioner;
(4) Each municipality undertaking such project has established separate accounts for the receipt and disbursement of the proceeds of such project grant, grant account loan and project loan and has agreed to maintain project accounts in accordance with generally accepted government accounting standards;
(5) In any case in which an eligible water quality project shall be owned or maintained by more than one municipality, the commissioner has received evidence satisfactory to the commissioner that all such municipalities are legally required to complete their respective portions of such project;
(6) Each municipality undertaking such project has agreed to comply with such audit requirements as may be imposed by the commissioner;
(7) In the case of a project grant, grant account loan and project loan for the construction phase, each municipality shall assure the commissioner that it has adequate legal, institutional, managerial and financial capability to construct and operate the pollution abatement facility for the design life of the facility; and
(8) In the case of a project grant, grant account loan and project loan for the construction phase awarded after July 1, 1991, each municipality shall demonstrate, to the satisfaction of the commissioner, that it has implemented an adequate operation and maintenance program for the municipal sewerage system for the design life of the facility.
(g) Notwithstanding any provision of sections 22a-475 to 22a-483, inclusive, to the contrary, the commissioner may make a project grant or project grants and a grant account loan or loans in accordance with the provisions of subsection (c) of this section with respect to an eligible water quality project without regard to the priority list of eligible water quality projects if a public emergency exists which requires that the eligible water quality project be undertaken to protect the public health and safety or the natural and environmental resources of the state.
(h) The Department of Public Health shall establish and maintain a priority list of eligible drinking water projects and shall establish a system setting the priority for making project loans to eligible public water systems. In establishing such priority list and ranking system, the Commissioner of Public Health shall consider all factors which he deems relevant, including but not limited to the following: (1) The public health and safety; (2) protection of environmental resources; (3) population affected; (4) risk to human health; (5) public water systems most in need on a per household basis according to applicable state affordability criteria; (6) compliance with the applicable requirements of the federal Safe Drinking Water Act and other related federal acts; (7) applicable state and federal regulations. The priority list of eligible drinking water projects shall include a description of each project and its purpose, impact, cost and construction schedule, and an explanation of the manner in which priorities were established. The Commissioner of Public Health shall adopt an interim priority list of eligible drinking water projects for the purpose of making project loans prior to adoption of final regulations, and in so doing may utilize existing rules and regulations of the department relating to the program. To the extent required by applicable federal law, the Department of Public Health shall prepare any required intended use plan with respect to eligible drinking water projects; (8) consistency with the state plan of conservation and development; (9) consistency with the policies delineated in section 22a-380; and (10) consistency with the coordinated water system plan in accordance with subsection (f) of section 25-33d.
(i) In each fiscal year the Commissioner of Public Health may make project loans to recipients in the order of the priority list of eligible drinking water projects to the extent of moneys available therefor in the appropriate accounts of the Clean Water Fund. Each recipient undertaking an eligible drinking water project may apply for and receive a project loan or loans in an amount equal to one hundred per cent of the eligible project costs.
(j) The funding of an eligible drinking water project shall be pursuant to a project funding agreement between the state, acting by and through the Commissioner of Public Health, and the recipient undertaking such project and shall be evidenced by a project fund obligation or an interim funding obligation of such recipient issued in accordance with section 22a-479. A project funding agreement shall be in a form prescribed by the Commissioner of Public Health. Any eligible drinking water project shall receive a project loan for the costs of the project. All loans made in accordance with the provisions of this section for an eligible drinking water project shall bear an interest rate not exceeding one-half the rate of the average net interest cost as determined by the last previous similar bond issue by the state of Connecticut as determined by the State Bond Commission in accordance with subsection (t) of section 3-20. The Commissioner of Public Health may allow any project fund obligation or interim funding obligation for an eligible drinking water project to be repaid by a borrowing recipient prior to maturity without penalty.
(k) Each project loan for an eligible drinking water project shall be made pursuant to a project funding agreement between the state, acting by and through the Commissioner of Public Health, and such recipient, and each project loan for an eligible drinking water project shall be evidenced by a project loan obligation or by an interim funding obligation of such recipient issued in accordance with sections 22a-475 to 22a-483, inclusive. Except as otherwise provided in said sections 22a-475 to 22a-483, inclusive, each project funding agreement shall contain such terms and conditions, including provisions for default which shall be enforceable against a recipient, as shall be approved by the Commissioner of Public Health. Each project loan obligation or interim funding obligation issued pursuant to a project funding agreement for an eligible drinking water project shall bear an interest rate not exceeding one-half the rate of the average net interest cost as determined by the last previous similar bond issue by the state of Connecticut as determined by the State Bond Commission in accordance with subsection (t) of section 3-20. Except as otherwise provided in said sections 22a-475 to 22a-483, inclusive, each project loan obligation and interim funding obligation shall be issued in accordance with the terms and conditions set forth in the project funding agreement. Notwithstanding any other provision of the general statutes, public act or special act to the contrary, each project loan obligation for an eligible drinking water project shall mature no later than twenty years from the date of completion of the construction of the project and shall be paid in monthly installments of principal and interest or in monthly installments of principal unless a finding is otherwise made by the State Treasurer requiring a different payment schedule. Interest on each project loan obligation for an eligible drinking water project shall be payable monthly unless a finding is otherwise made by the State Treasurer requiring a different payment schedule. Principal and interest on interim funding obligations issued under a project funding agreement for an eligible drinking water project shall be payable at such time or times as provided in the project funding agreement, not exceeding six months after the date of completion of the planning and design phase or the construction phase, as applicable, of the eligible drinking water project, as determined by the Commissioner of Public Health, and may be paid from the proceeds of a renewal note or notes or from the proceeds of a project loan obligation. The Commissioner of Public Health may allow any project loan obligation or interim funding obligation for an eligible drinking water project to be repaid by the borrowing recipient prior to maturity without penalty.
(l) The Commissioner of Public Health may make a project loan to a recipient pursuant to a project funding agreement for an eligible drinking water project for the planning and design phase of an eligible project, to the extent provided by the federal Safe Drinking Water Act, as amended. Principal and interest on a project loan for the planning and design phases of an eligible drinking water project may be paid from and included in the principal amount of a loan for the construction phase of an eligible drinking water project.
(m) A project loan for an eligible drinking water project shall not be made to a recipient unless: (1) In the case of a project loan for the construction phase, final plans and specifications for such project are approved by the Commissioner of Public Health, and when the recipient is a water company, as defined in section 16-1, with the concurrence of the Public Utilities Regulatory Authority, and with the approval of the Commissioner of Public Health for consistency with financial requirements of the general statutes, regulations and resolutions; (2) each recipient undertaking such project provides assurances satisfactory to the Commissioner of Public Health that the recipient shall undertake and complete such project with due diligence and, in the case of a project loan for the construction phase, that it shall own such project and shall operate and maintain the eligible drinking water project for a period and in a manner satisfactory to the Department of Public Health after completion of such project; (3) each recipient undertaking such project has filed with the Commissioner of Public Health all applications and other documents prescribed by the Public Utilities Regulatory Authority and the Commissioner of Public Health within time periods prescribed by the Commissioner of Public Health; (4) each recipient undertaking such project has established separate accounts for the receipt and disbursement of the proceeds of such project loan and has agreed to maintain project accounts in accordance with generally accepted government accounting standards or uniform system of accounts, as applicable; (5) in any case in which an eligible drinking water project shall be owned or maintained by more than one recipient, the Commissioner of Public Health has received evidence satisfactory to him that all such recipients are legally required to complete their respective portions of such project; (6) each recipient undertaking such project has agreed to comply with such audit requirements as may be imposed by the Commissioner of Public Health; and (7) in the case of a project loan for the construction phase, each recipient shall assure the Public Utilities Regulatory Authority, as required, and the Commissioner of Public Health that it has adequate legal, institutional, technical, managerial and financial capability to ensure compliance with the requirements of applicable federal law, except to the extent otherwise permitted by federal law.
(n) Notwithstanding any provision of sections 22a-475 to 22a-483, inclusive, the Commissioner of Public Health may make a project loan or loans in accordance with the provisions of subsection (j) of this section with respect to an eligible drinking water project without regard to the priority list of eligible drinking water projects if an emergency exists, including, but not limited to, an unanticipated infrastructure failure, a contamination of water or a shortage of water, which requires that the eligible drinking water project be immediately undertaken to protect the public health and safety.
(o) The commissioner shall prepare an annual report to the Governor within ninety days after the completion of each fiscal year which includes a list of project funding agreements entered into during the fiscal year then ended, the estimated year that funding will be available for specific projects listed on each priority list of eligible projects and a financial report on the condition of the Clean Water Fund for the fiscal year then ended, which shall include a certification by the commissioner of any amounts to become available for payment of debt service or for the purchase or redemption of bonds during the next succeeding fiscal year.
(P.A. 86-420, S. 4, 12; P.A. 87-571, S. 4, 7; P.A. 88-305, S. 3, 4; P.A. 89-377, S. 4, 8; P.A. 90-301, S. 3, 8; June Sp. Sess. P.A. 90-1, S. 4, 10; P.A. 91-246, S. 2; P.A. 94-108, S. 2; P.A. 96-181, S. 113, 121; P.A. 99-241, S. 13, 66; May 9 Sp. Sess. P.A. 02-5, S. 11: P.A. 03-218, S. 1, 2; P.A. 04-185, S. 1; P.A. 05-288, S. 111; P.A. 10-117, S. 37; P.A. 11-80, S. 1; P.A. 12-155, S. 3.; P.A. 13-15, S. 1; 13-239, S. 64; P.A. 14-13, S. 1; 14-217, S. 86; P.A. 16-57, S. 1; P.A. 19-118, S. 2; P.A. 22-23, S. 14.)
History: P.A. 87-571 amended Subsec. (b) to provide for cost determination based on cost used by the federal Environmental Protection Agency to make water pollution control construction grants and made other technical changes; P.A. 88-305 added Subsec. (a)(7) re formation of local housing partnerships; P.A. 89-377 amended Subsec. (d) to provide for monthly, rather than annual, payment of principal and interest, unless the treasurer determines otherwise; P.A. 90-301 added Subsec. (f)(7) and (8) re grants and loans for construction phase and re project grants; June Sp. Sess. P.A. 90-1 amended Subsec. (d) to provide that the maturation date of loan obligations shall be determined from the date of completion of construction rather than from issuance of the loan obligation; P.A. 91-246 amended Subsec. (c) to allow certain nonpoint source pollution abatement projects to receive grants of up to 75% of the cost of such projects approved by the commissioner; P.A. 94-108 amended Subsec. (e) to add new Subdiv. (2) re optional project grant for planning for eligible water quality projects; P.A. 96-181 added new Subsecs. (h) to (n), inclusive, re public drinking water projects, relettered existing Subsec. (h) as Subsec. (o) and made conforming changes, effective July 1, 1996; P.A. 99-241 amended Subsec. (c) to provide 30% grants for certain nitrogen removal projects, effective July 1, 1999 (Revisor's note: In codifying P.A. 99-241 the Revisors editorially changed the phrase “... but have nor received payment, ...” to “but have not received payment, ...” for accuracy); May 9 Sp. Sess. P.A. 02-5 amended Subsec. (c) to add provisions re loans for projects that exclusively address sewer collection and conveyance system improvements and to make a technical change, effective July 1, 2002; P.A. 03-218 amended Subsec. (c) by designating existing provisions re amounts, etc. as Subdivs. (1) to (3), inclusive, (6), and (8) to (10), inclusive, deleting language in Subdiv. (2) and (6) re the cost the Environmental Protection Agency uses in making grants, adding provision in Subdiv. (3) re 20% grant for the balance of the cost of the project not related to nitrogen removal for projects prior to and on or after July 1, 1999, and provision re loan for the remainder of the costs, not exceeding 100% of the costs for projects prior to July 1, 1999, adding new Subdiv. (4) re projects related to the clean-up of Long Island Sound in a distressed municipality, adding new Subdiv. (5) re project in a municipality with a population of 5,000 or less or such a population in a discrete area, replacing “cost” with “eligible cost” in Subdiv. (6)(A), adding new Subdiv. (7) re project agreements executed during or after the 2003 fiscal year, and amending Subdiv. (9) to replace “and shall” with “provided such project does”, and added new Subsec. (e)(3) re supplemental federal grant funds for Long Island Sound projects in a distressed municipality, effective July 1, 2003; P.A. 04-185 deleted Subsec. (c)(8) re loan for 100% of the eligible costs on or after July 1, 2006, and redesignated existing Subdivs. (9) and (10) as new Subdivs. (8) and (9); P.A. 05-288 made technical changes in Subsec. (c)(8), effective July 13, 2005; P.A. 10-117 amended Subsec. (h)(7) by deleting “Commissioner of Environmental Protection”, amended Subsec. (i) by replacing “commissioner” with “Commissioner of Public Health”, amended Subsec. (j) by deleting “Commissioner of Environmental Protection” and by replacing “commissioner” with “Commissioner of Public Health”, amended Subsec. (k) by deleting “Commissioner of Environmental Protection”, by replacing “commissioner” with “Commissioner of Public Health” and by deleting “with the concurrence of the Commissioner of Public Health”, amended Subsec. (l) by deleting “Commissioner of Environmental Protection”, amended Subsec. (m) by replacing “Commissioner of Environmental Protection” with “Commissioner of Public Health” in Subdiv. (1), by deleting “Commissioner of Environmental Protection” in Subdivs. (2), (3) and (7) and by replacing “commissioner” with “Commissioner of Environmental Protection” in Subdivs. (5) and (6) and amended Subsec. (n) by deleting “with the concurrence of the Commissioner of Environmental Protection”; pursuant to P.A. 11-80, “Department of Public Utility Control” was changed editorially by the Revisors to “Public Utilities Regulatory Authority” in Subsec. (m), effective July 1, 2011; P.A. 12-155 amended Subsec. (c) by changing “nitrogen removal” to “nutrient removal” in Subdivs. (3) and (4), changing “July 1, 1999” to “July 1, 2012” in Subdiv. (3) and changing “July 1, 2003” to “July 1, 2012” in Subdiv. (4), effective June 15, 2012; P.A. 13-15 amended Subsec. (a) to add Subdiv. (8) re necessity and feasibility of implementing measures designed to mitigate the impact of a rise in sea level over the projected life span of the project; P.A. 13-239 amended Subsec. (c) by adding new Subdiv. (6) re financing for phosphorus removal and redesignating existing Subdivs. (6) to (9) as Subdivs. (7) to (10), effective July 1, 2013; P.A. 14-13 amended Subsec. (c)(6) by replacing reference to first 3 construction contracts with reference to any contract and making technical and conforming changes, effective May 12, 2014; P.A. 14-217 amended Subsec. (c) by adding Subdiv. (7) re funding for municipality with 2012 population of not less than 40,000 but not more than 42,000 with a municipal sewerage system that provides a regional sewerage treatment capacity to not less than 5 abutting communities, each with 2012 populations of less than 5,000 and by redesignating existing Subdivs. (7) to (10) as Subdivs. (8) to (11), effective July 1, 2014; P.A. 16-57 amended Subsec. (c)(6) by replacing “on or before July 1, 2018” with “prior to, on or after May 26, 2016, but before July 1, 2019”, replacing “two-tenths milligrams per liter effluent discharge” with “thirty-one one hundredths milligrams per liter”, adding provision re amount specified as average monthly effluent total phosphorus limit in permit issued to municipality by commissioner pursuant to Sec. 22a-430, and replacing provision re funding priority to be given by commissioner with provision re nothing in Subdiv. to effect any requirement or schedule in any discharge permit issued by commissioner, effective May 26, 2016; P.A. 19-118 amended Subsec. (n) by replacing “if a public drinking water supply emergency exists, pursuant to section 25-32b” with “if an emergency exists, including, but not limited to, an unanticipated infrastructure failure, a contamination of water or a shortage of water”, adding “immediately” re undertaking project to protect public health and safety, and making a technical change, effective July 1, 2019; P.A. 22-23 made a technical change in Subsec. (h).

Structure Connecticut General Statutes

Connecticut General Statutes

Title 22a - Environmental Protection

Chapter 446k - Water Pollution Control

Section 22a-416. (Formerly Sec. 25-26). - Pollution of waterways. Qualifications of operators. Delegation of authority.

Section 22a-417. (Formerly Sec. 25-26a). - Discharge of sewage into tributaries of water supply impoundments or Salmon River.

Section 22a-418. (Formerly Sec. 25-27). - Complaints concerning pollution of waters; investigation; orders.

Section 22a-422. (Formerly Sec. 25-54a). - Declaration of policy.

Section 22a-423. (Formerly Sec. 25-54b). - Definitions.

Section 22a-424. (Formerly Sec. 25-54c). - Powers and duties of commissioner.

Section 22a-424a. - Map of anticipated sewer overflows and sewage spills. Notice of reported sewage spills and permitted sewage bypasses. Electronic reporting of sewage spill and permitted sewage bypass. Notice to municipal chief elected official, lo...

Section 22a-425. (Formerly Sec. 25-54d). - Records.

Section 22a-426. (Formerly Sec. 25-54e). - Standards of water quality.

Section 22a-427. (Formerly Sec. 25-54f). - Pollution or discharge of wastes prohibited.

Section 22a-428. (Formerly Sec. 25-54g). - Orders to municipalities to abate pollution.

Section 22a-428a. - State-wide strategy to reduce phosphorus loading in inland nontidal waters.

Section 22a-429. (Formerly Sec. 25-54h). - Order to person to abate pollution.

Section 22a-430. (Formerly Sec. 25-54i). - Permit for new discharge. Regulations. Renewal. Special category permits or approvals. Limited delegation. General permits.

Section 22a-430a. - Delegation of authority to issue certain permits to municipal water pollution control authorities.

Section 22a-430b. - General permits. Certifications by qualified professionals. Regulations.

Section 22a-430c. - Annual inventory of persons and municipalities in significant noncompliance.

Section 22a-431. (Formerly Sec. 25-54j). - Periodic investigation of discharges. Order to abate or submit information.

Section 22a-432. (Formerly Sec. 25-54k). - Order to correct potential sources of pollution.

Section 22a-433. (Formerly Sec. 25-54l). - Order to landowner.

Section 22a-434. (Formerly Sec. 25-54m). - Filing of order on land records.

Section 22a-434a. - Notice of contaminated wells; abatement of contamination or abandonment of well to be on land records.

Section 22a-435. (Formerly Sec. 25-54n). - Injunction.

Section 22a-436. (Formerly Sec. 25-54o). - Hearing on order to abate.

Section 22a-437. (Formerly Sec. 25-54p). - Appeal.

Section 22a-438. (Formerly Sec. 25-54q). - Forfeiture for violations. Penalties.

Section 22a-439. (Formerly Sec. 25-54r). - State grant for sewers and pollution abatement facilities. Commissioner to adopt regulations.

Section 22a-439a. - Funds for construction of facilities by state agencies.

Section 22a-439b. - Southeastern Connecticut Water Authority may acquire and operate sewerage systems.

Section 22a-440. (Formerly Sec. 25-54s). - Grants for storm and sanitary sewer separation programs, pollution abatement facilities.

Section 22a-441. (Formerly Sec. 25-54t). - Grants for prior construction.

Section 22a-442. (Formerly Sec. 25-54u). - State advances in anticipation of federal funds for construction of facility.

Section 22a-443. (Formerly Sec. 25-54v). - State advance in anticipation of federal funds for contract plans and specifications.

Section 22a-444. (Formerly Sec. 25-54x). - Commissioner of Energy and Environmental Protection to administer funds.

Section 22a-445. (Formerly Sec. 25-54y). - Commissioner to accept federal aid. Cooperation with other agencies, municipalities, states.

Section 22a-446. (Formerly Sec. 25-54z). - Bond issue.

Section 22a-446a. - Uniform tipping fee at facilities disposing of septic tank pumpings.

Section 22a-447. (Formerly Sec. 25-54aa). - Prior orders, directives and decisions continued in force.

Section 22a-448. (Formerly Sec. 25-54bb). - Pollution by chemical liquid, hazardous waste, oil or petroleum, waste oil or solid, liquid or gaseous products: Definitions.

Section 22a-449. (Formerly Sec. 25-54cc). - Duties and powers of commissioner re sources of potential pollution or damage. Licenses. Regulations. Nonresidential underground storage tank systems.

Section 22a-449a. - Definitions.

Section 22a-449b. - Portion of petroleum products gross earnings tax credited to underground storage tank petroleum clean-up account.

Section 22a-449c. - Underground storage tank petroleum clean-up program. Applications for payment or reimbursement.

Section 22a-449d. - Payment and reimbursement from the program. Guidelines for reasonable cost determinations. Payment to registered contractors.

Section 22a-449e. - Regulations. Schedule for maximum or range of amounts to be paid from the program. Use of seal.

Section 22a-449f. - Application for reimbursement for claims resulting from release of petroleum.

Section 22a-449g. - Appeals.

Section 22a-449h. - Extension of time to replace school underground storage tank systems.

Section 22a-449i. - Authority of commissioners unaffected.

Section 22a-449j. - Immunity from liability to the state for certain residential underground heating oil storage tank systems.

Section 22a-449k. - Residential underground heating oil storage tank replacement contractors. Registration. Fees.

Section 22a-449l. - Remediation costs of removal or replacement of certain residential underground heating oil storage tank systems. Payment for services commenced prior to July 1, 2001. Procedures.

Section 22a-449m. - Standards for remediation of soil and replacement of residential underground heating oil storage tank systems.

Section 22a-449n. - Remediation costs of removal or replacement of certain residential underground heating oil storage tank systems. Payment for services commenced on or after July 1, 2001. Procedures.

Section 22a-449o. - Requirement for double-walled underground storage tanks.

Section 22a-449p. - Milestones for investigation and remediation of a release.

Section 22a-449q. - Storage of underground storage tank system records.

Section 22a-449r. - Underground storage tank clean-up program. Distribution of funds. Order of priority. Reduced payment election.

Section 22a-449s. - Underground storage tank petroleum clean-up program: Cancellation. Unavailability of program to demonstrate financial responsibility. Determination of applicability.

Section 22a-449t. - Underground storage tank petroleum clean-up program: Prohibitions on applications. Exceptions.

Section 22a-449u. - Bond authorization for underground storage tank petroleum clean-up program.

Section 22a-449v. - Underground storage tank general liability insurance policy. Cancellation restriction.

Section 22a-450. (Formerly Sec. 25-54dd). - Report of discharge, spill, loss, seepage or filtration. Regulations.

Section 22a-450a. - Elimination of MTBE as gasoline additive.

Section 22a-451. (Formerly Sec. 25-54ee). - Liability for pollution, contamination or emergency.

Section 22a-451a. - Annual report.

Section 22a-451b. - Expenditures by agencies paid from emergency spill response account.

Section 22a-452. (Formerly Sec. 25-54ff). - Reimbursement for containment or removal costs. Liability for certain acts or omissions.

Section 22a-452a. - State lien against real estate as security for amounts paid to clean up or to remove hazardous waste. Notice and hearing.

Section 22a-452b. - Exemptions.

Section 22a-452c. - Definition of “spill”.

Section 22a-452d. - Limitation on liability of innocent landowners: Definitions.

Section 22a-452e. - Limitation on liability of innocent landowners.

Section 22a-452f. - Exemption from liability for certain lenders.

Section 22a-453. (Formerly Sec. 25-54gg). - Coordination of activities with other agencies. Contracts for services.

Section 22a-453a. - Oil spill contingency planning and coordination.

Section 22a-454. (Formerly Sec. 25-54hh). - Permit for collection, storage or treatment, containment, removal or disposal of certain substances, materials or wastes: Suspension or revocation. Prohibition of disposal of certain hazardous wastes in a l...

Section 22a-454a. - Closure plans. Fees. Regulations.

Section 22a-454b. - Groundwater monitoring. Fees. Regulations.

Section 22a-454c. - Annual fees. Generators of acutely hazardous waste. Facilities.

Section 22a-455 to 22a-457. (Formerly Secs. 25-54ii to 25-54kk). - Vessel operator to post bond. Other evidence of financial responsibility. Penalty.

Section 22a-457a. - Floating boom retention devices required, when. Regulations.

Section 22a-457b. - Limited immunity for certain persons responding to oil spills.

Section 22a-458. (Formerly Sec. 25-54ll). - Water pollution control authority, mandatory establishment by municipality.

Section 22a-458a and 22a-458b. - Water pollution control authority; reports. Submission of municipal assessment to commissioner.

Section 22a-459. (Formerly Sec. 25-54mm). - Failure to establish water pollution control authority, violation. Penalties.

Section 22a-460. (Formerly Sec. 25-54nn). - Detergents: Definitions.

Section 22a-461. (Formerly Sec. 25-54oo). - Labeling of detergents. Restrictions on sale or use. Certain sewage system additives prohibited. Penalty.

Section 22a-462. (Formerly Sec. 25-54pp). - Sale of certain detergents prohibited: Excepted uses. Regulations.

Section 22a-462a. - Microbead prohibitions. Regulations. Study. Penalty.

Section 22a-462b. - Microfiber pollution working group. Consumer awareness and education program. Requirements. Membership. Report.

Section 22a-463. (Formerly Sec. 25-54rr). Polychlorinated biphenyls (PCB - Definitions.

Section 22a-464. (Formerly Sec. 25-54ss). - Restrictions on manufacture, sale or use of PCB.

Section 22a-465. (Formerly Sec. 25-54tt). - Use of PCB in closed systems. Incidental amounts of PCB permitted.

Section 22a-466. (Formerly Sec. 25-54uu). - Exemptions.

Section 22a-467. (Formerly Sec. 25-54vv). - Disposition of PCB regulated.

Section 22a-468. (Formerly Sec. 25-54ww). - Regulations.

Section 22a-469. (Formerly Sec. 25-54xx). - Penalty.

Section 22a-469a. - Incineration of PCB by public service companies.

Section 22a-470. (Formerly Sec. 25-54yy). - Relocation or removal of public service facilities as necessary for construction of municipal sewer or pollution abatement facilities.

Section 22a-471. - Pollution of groundwaters. Orders to provide potable drinking water. Grants to municipalities. Hearing on order to abate. Appeal. Injunction. Forfeiture for violations. Orders to persons engaged in agriculture for contamination of...

Section 22a-471a. - Exemption from potable drinking water orders for persons engaged in agriculture.

Section 22a-471b. - “Person engaged in agriculture” defined.

Section 22a-472. - Hydraulic fracturing waste, oil waste and natural gas waste. Definitions. Prohibitions. Permits. Information requests by Commissioner of Energy and Environmental Protection. Regulations. Oil and gas exploration. Preemption.

Section 22a-473. - Exploratory drilling for oil or gas restricted.

Section 22a-474. - Regulations re storage of road salt.

Section 22a-474a. - Green Snow Pro training. State, municipal and private roadside applicators. Report.

Section 22a-474b. - Green Snow Pro training. Registration of certification by commercial applicators. Violation. Order. Regulations.

Section 22a-474c. - Sodium chloride run-off. Home or well damage. Health district electronic reporting system. Reporting. Identification of state or federal financial resources. Criteria and procedures.

Section 22a-474d. - Sodium and chloride drinking water testing. Residential water treatment systems installers provision of customer information. Requirement.

Section 22a-475. - Clean Water Fund: Definitions.

Section 22a-476. - Legislative finding.

Section 22a-477. - Clean Water Fund: Accounts and subaccounts.

Section 22a-478. - Eligible water quality projects. Eligible drinking water projects. Project grants. Grant account loans.

Section 22a-479. - Municipal approval of project funding agreements and obligations. Municipal bonds.

Section 22a-480. - Construction of provisions.

Section 22a-481. - Projects with prior funding.

Section 22a-482. - Regulations.

Section 22a-483. - Bond issue for Clean Water Fund projects. General obligation bonds. Revenue bonds.

Section 22a-483f. - Public water system improvement program.

Section 22a-484. - Evaluation of improvements to secondary clarifier operations.

Section 22a-485. - Plan required for maintenance of oxygen levels in Long Island Sound.

Section 22a-497. - Municipal stormwater authority pilot program. Priority municipalities. Application. Selection criteria. Grants.

Section 22a-498. - Creation of stormwater authority. Members. Purposes. Powers.

Section 22a-498a. - Municipal stormwater authority located in a distressed municipality. Powers.

Section 22a-498b. - Delinquent charges due to municipal stormwater authority. Liens.

Section 22a-499. - Joint report re pilot program.

Section 22a-499a. - Water pollution control authority located in a distressed municipality. Levy re stormwater control systems.

Section 22a-499b. - Delinquent charges due to water pollution control authority located in a distressed municipality. Liens.

Section 22a-500. - Regional water pollution control authorities: Definitions. Authorization. Directors. Membership. Termination.

Section 22a-501. - Regional water pollution control authorities: Powers.

Section 22a-502. - Regional water pollution control authorities: Budgets.

Section 22a-503. - Regional water pollution control authorities: Employees. Benefits.

Section 22a-504. - Regional water pollution control authorities: Acquisition of property. Construction of system. Notice. Hearing.

Section 22a-505. - Regional water pollution control authorities: Determination of compensation for taking of real property.

Section 22a-506. - Regional water pollution control authorities: Assessments, rates, fees, charges and penalties.

Section 22a-507. - Regional water pollution control authorities: Issuance of bonds. Use of proceeds.

Section 22a-508. - Regional water pollution control authorities: Sale of bonds.

Section 22a-509. - Regional water pollution control authorities: Bonding obligations.

Section 22a-510. - Regional water pollution control authorities: Bonds or notes executed by former officers.

Section 22a-511. - Regional water pollution control authorities: Execution, delivery and maturation of bonds.

Section 22a-512. - Regional water pollution control authorities: Effect of bonds on municipal indebtedness.

Section 22a-513. - Regional water pollution control authorities: State not to impair obligations of authorities.

Section 22a-514. - Regional water pollution control authorities: Tax exemption.

Section 22a-515. - Regional water pollution control authorities: Other municipal powers not affected.

Section 22a-516. - Regional water pollution control authorities: Bonds to be securities and negotiable instruments.

Section 22a-517. - Regional water pollution control authorities: Receipt of Clean Water Fund disbursements.

Section 22a-518. - Regional water pollution control authorities: Jurisdiction.

Section 22a-519. - Regional water pollution control authorities: Indemnification of officers. Representation of authority by Attorney General. Legal fees of officers.

Section 22a-521. - Nitrogen reduction in state waters: Definitions.

Section 22a-522. - General permit establishing effluent units for nitrogen.

Section 22a-523. - Nitrogen Credit Advisory Board.

Section 22a-524. - Nitrogen credit exchange program.

Section 22a-525. - Audit of annual operating data.

Section 22a-526. - Regulations.

Section 22a-527. - Annual value of equivalent nitrogen credits.