Connecticut Administrative Code
Title 22a - Environmental Protection
377(b) - Water Diversion
Section 22a-377(b)-1 - Exemptions from the Connecticut water diversion policy act
Universal Citation: CT Reg of State Agencies 22a-377(b)-1
Current through March 14, 2024
(a) In addition to those diversions exempted in section 22a-377 of the Connecticut General Statutes, and subject to the conditions set out in subsections (b) and (c) of this section, the following diversions are exempt from the provisions of sections 22a-365 to 22a-378, inclusive, of the Connecticut General Statutes:
(1) Diversion of surface waters caused by
activities which are incidental to construction, including, but not limited to
dredging or filling for site development, stream bank stabilization, erosion
and sedimentation control, construction or use of coffer dams, and dewatering
of below grade structures, provided:
(A) there
is no permanent change in the location of the natural bed of any perennial
brook, stream or river;
(B) no
perennial brook, stream or river is channelized;
(C) the diversion structure allows the
continuous passage of existing watercourses; and
(D) any permit or approval required by
sections
22a-32,
22a-39,
22a-42a
or
22a-361
of the Connecticut General Statutes is obtained.
(2) Diversion of water incidental to testing
the production capability of a well or the quality of water withdrawn
therefrom, provided the diversion continues no longer than is necessary for
testing the production capability of the well or the quality of water withdrawn
therefrom.
(3) Withdrawal of
groundwater from a well which is constructed in the vicinity of a failed well
to replace the failed well, provided:
(A) the
failed well was registered or permitted pursuant to sections
22a-365
to
22a-378,
inclusive, of the Connecticut General Statutes;
(B) the failed well is permanently plugged
and abandoned; and
(C) the
replacement well is located no further than 250 feet from the failed
well.
(4) Diversion of
water incidental to the inspection, maintenance, or repair of existing
diversion structures and related facilities, provided:
(A) the diversion continues no longer than is
necessary to carry out inspection, maintenance, or repair work;
(B) such existing diversion structures and
related facilities were registered or permitted pursuant to sections
22a-365
to
22a-378,
inclusive, of the Connecticut General Statutes; and
(C) the surface elevation of any pond, lake,
or reservoir, whether natural or artificial, is not drawn down except as may be
authorized by subdivision (15) of this subsection.
(5) Diversion of water, or increase in the
capacity to divert water, incidental to providing water treatment, extending
distribution mains, or maintaining or expanding service within a service area,
provided the quantity of water withdrawn from any source does not exceed the
quantity authorized pursuant to any applicable permit issued or registration
filed under section
22a-368
of the Connecticut General Statutes.
(6) Transfer of up to 50,000 gallons of water
in any twenty-four hour period from one distribution system or service area to
another distribution system or service area, or installation of capacity to
transfer such water, provided the quantity of water withdrawn from any source
does not exceed the quantity authorized pursuant to any applicable permit
issued or registration filed under section
22a-368
of the Connecticut General Statutes.
(7) Diversion of tidal water incidental to
navigation improvements, dredging, or the construction of jetties, groins,
piers, or similar structures, provided that the permit or approval required for
such activity by sections
22a-32
or
22a-361
of the Connecticut General Statutes is obtained.
(8) Diversion of water resulting from
separation of combined storm water and sanitary sewer systems approved by the
Commissioner pursuant to chapter 446k of the Connecticut General Statutes,
except when such diversion results in an interbasin transfer of surface water
run-off from an area of 100 or more acres.
(9) Diversion of water incidental to the
placement of an obstruction or encroachment within stream channel encroachment
lines established pursuant to sections
22a-342
to
22a-348,
inclusive, of the Connecticut General Statutes, provided:
(A) the permit required by section
22a-342
of the Connecticut General Statutes is obtained;
(B) the obstruction or encroachment allows
the continuous passage of the watercourse for which such stream encroachment
lines were established;
(C) no
watercourse is dammed, diked, or channelized as a result of such diversion;
and
(D) if such obstruction or
encroachment is on or in a tributary to the watercourse for which such stream
channel encroachment lines have been established, the total drainage area of
the tributary does not exceed five square miles.
(10) Diversion of water authorized by the
Commissioner pursuant to section 316 of the Federal Clean Water Act,
33 U.S.C. sections
1251
et seq.
(11) Diversion of water in a manner and
degree which is specified by order of the Commissioner for the abatement of
pollution pursuant to sections
22a-133e,
22a-424,
22a-428,
22a-430,
22a-431,
22a-432,
22a-449,
or
22a-451
of the Connecticut General Statutes, or as specified in approved plans
submitted pursuant to such an order.
(12) Alteration of watercourses and
collection or impoundment of water runoff in an area which has a tributary
watershed of less than 100 acres, provided that any permit or approval required
by sections
22a-32,
22a-39,
22a-42a,
22a-342,
22a-401
or
22a-403
of the Connecticut General Statutes is obtained.
(13) Diversion of water authorized under a
permit issued by the Commissioner pursuant to section
22a-403
of the Connecticut General Statutes for removal of a dam, dike, or similar
structure or for the lowering of the spillway elevation of a dam, dike, or
similar structure, provided that the exemption set forth in this paragraph
shall not apply when the diversion involves a dam owned or operated by a water
company as defined by section
25-32a
of the Connecticut General Statutes.
(14) Diversion of water incidental to the
hydraulic dredging of sediments from lakes, ponds or impoundments, and
diversion of water incidental to dredging of lakes, ponds or impoundments
approved by the Commissioner pursuant to sections
22a-339a
through
22a-339e,
inclusive, of the Connecticut General Statutes, provided:
(A) any permit or approval required by
section
22a-430
of the Connecticut General Statutes is obtained; and
(B) no less than seven days before such
diversion commences, written notice thereof is given to any water company, as
defined by section
25-32a
of the Connecticut General Statutes, which may be affected thereby.
(15) Diversion of water caused by
drawing down the surface elevation of an impoundment and subsequent refilling
for the purpose of aquatic weed control, water quality control, or inspection
or maintenance of a dam, gate house, discharge structure, reservoir, shoreline
or dock, provided:
(A) the surface elevation
of the impoundment is lowered only to the elevation and for the amount of time
necessary for aquatic weed control, water quality control, or inspection or
maintenance of a dam, gate house, discharge structure, reservoir, shoreline or
dock;
(B) such impoundment was
registered or permitted pursuant to sections
22a-365
to
22a-378,
inclusive, of the Connecticut General Statutes; and
(C) no less than seven days before such
diversion commences, written notice thereof is given to the Commissioner and to
any water company, as defined by section
25-32a
of the Connecticut General Statutes, which may be affected thereby.
(16) Diversion of water in
connection with State or Federal flood control projects which are designed and
constructed under the supervision of the Department of Energy and Environmental
Protection or, in the case of a Federal project, sponsored or initiated by the
Department of Energy and Environmental Protection in accordance with section
25-68c(2)
of the Connecticut General Statutes, provided:
(A) any permit required by sections
22a-39,
22a-342,
or
22a-403
of the Connecticut General Statutes is obtained or, in the case of a Federal
project, certification pursuant to Section 401 of the Federal Clean Water Act
is obtained; and
(B) this exemption
shall not apply in any case of a multipurpose flood management facility where
the secondary use is hydropower, public water supply, a storage reservoir, or
any other consumptive use of water which is not otherwise exempted by section
22a-377
of the Connecticut General Statutes or this section.
(17) Collection and drainage or storm water
from pavement, building roofs and other impervious areas, provided:
(A) such activity is authorized by the
Commissioner pursuant to section
22a-430
of the Connecticut General Statutes; and
(B) no watercourse is dammed, diked, or
channelized as a result of such diversion.
(18) Diversion of surface waters and storm
drainage by the Connecticut Department of Transportation incidental to highway
construction authorized by the Commissioner pursuant to sections
22a-32,
22a-39,
22a-342,
22a-361,
22a-403
or
25-68b to
25-68h,
inclusive, of the Connecticut General Statutes.
(b) As used in subsections (a)(5) and (a)(6) of this section, "service area" includes:
(1)
a service area identified in any applicable permit issued by the Commissioner
pursuant to sections
22a-365
to
22a-378,
inclusive, of the Connecticut General Statues, a service area identified in any
registration filed under section
22a-368
of the Connecticut General Statutes, or a service area determined by the
Commissioner to have been identified in any such registration based on clear
and convincing evidence in the registration documentation filed pursuant to
section
22a-368
of the Connecticut General Statutes;
(2) an existing or five-year planning period
service area identified in a water supply plan submitted on or before October
1, 2016 in accordance with section
25-32d of the
Connecticut General Statutes;
(3)
an exclusive service area identified on the following labeled maps, which the
Department of Energy and Environmental Protection shall make available on its
Internet web site and which shall also be made available at the Department of
Energy and Environmental Protection, Division of Water Planning and Management,
79 Elm Street, 2nd floor, Hartford, Connecticut during regular business hours:
(A) Title: Western PWSMA Overview; Subtitle:
Western Connecticut Water Supply Assessment; Sheet: Appended Figure 2; Date:
October 31, 2016;
(B) Title:
Central PWSMA Overview; Subtitle: Central Connecticut Water Supply Assessment;
Sheet: Appended Figure 2; Date: October 28, 2016; or
(C) Title: Eastern PWSMA Overview; Subtitle:
Eastern Connecticut Water Supply Assessment; Sheet: Appended Figure 2; Date:
November 4, 2016; or
(4)
a water supply company's service area that may be expanded as a result of the
acquisition or takeover of another water supply company, provided the source of
water used to serve customers within each service area continues to be the
source belonging to the water supply company originally serving each service
area.
"Service area" does not include that portion of an exclusive service area expanded after October 1, 2016 pursuant to section 25-33g of the Connecticut General Statutes, except for service areas that may be expanded as described in subdivision (4) of this subsection.
(c) No activity, including construction of structures and facilities, shall be exempted under subsection (a) of this section:
(1) unless best
management practices are employed to minimize erosion and sedimentation, to
provide for necessary downstream flow in surface waters affected by the
diversion, and to avoid adverse impacts to adjacent wells and to fish and
wildlife, including to their spawning and nesting seasons; or
(2) if such activity, structure, or facility
may alter the habitat of any rare, endangered or threatened species listed or
identified by any federal or state governmental agency.
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