Sec.16-262m-4. Options when main extensions are not feasible

(a) In the event that the Department of Public Utility Control and Department of Health Services determine that a main extension is not feasible, i.e. that it is too costly to construct a main extension; and that no existing regulated public service or municipal utility or regional water authority is willing to expand or own, operate and maintain the final constructed water supply facilities as a non-connected satellite system, the applicant may pursue the following options:

(1) If an existing regulated public service or municipal utility or regional water authority is willing to provide satellite ownership and management services, but is unable to meet all the criteria described in Sections 16-262m-8 and 16-262m-9 herein, the Department of Public Utility Control and the Department of Health Services may waive specific criteria in writing, if it is deemed to be in the best interest of the public affected.

(2) The applicant may withdraw the application and request the town in which the project is to be constructed to determine if the town's zoning requirements will permit individual wells. If this proposal is acceptable to the town, the developer may change the configuration of the project in order to accommodate individual wells. This option is available to the applicant at any time and may be pursued without obtaining a Certificate of Public Convenience and Necessity.

(3) The applicant may continue forward with the application by sustaining the burden of proof that the entity that will own the water system has the financial, managerial and technical resources to operate the proposed water supply system in a reliable and efficient manner and will provide continuous, adequate service to the proposed consumers to be served by the system. The criteria for meeting this burden of proof is set forth in Section 16-262m-9 of these Regulations.

The above options must be pursued in the order presented, i.e. option three cannot be pursued until options one and two have been exhausted.

(b) Any party who is aggrieved such that a specific personal and legal interest of said party has been specially and adversely affected by the decision to approve, reject or modify the application for the issuance of a Certificate may request a hearing which will be held jointly before the Department of Public Utility Control and the Department of Health Services. Such appeal will be based on the Administrative record compiled by the Department of Public Utility Control and the Department of Health Services including such additional relevant evidence and testimony as the parties may submit.

(c) If a community water system, as defined in Section 16-262m-1 (a) herein, is constructed without the required Certificate of Public Convenience and Necessity, the Department of Public Utility Control and the Department of Health Services shall notify the appropriate Town officials, of the Town in which the system is located, that such Town is responsible for the future operations of that community water system, in accordance with Section 8-25a of the General Statutes of Connecticut.

(Effective September 25, 1987)