Sec.22a-354i-6. Application for an exemption from prohibition or regulation

(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.

(Adopted effective February 2, 2004)