Section 16-262m-3 - Application and approval of three-phase construction(a) The application for a new system or for an expansion of an existing system which involves a new water source shall be submitted and reviewed in three phases, as Phase I-A, Phase I-B and Phase II. The same chronology and procedures established in Section 16-262m-2 shall be followed sequentially first for Phase I-A and subsequently for Phase I-B and Phase II. It is recognized that some applications for expansion may not require a Phase I-A or Phase I-B review. In such cases only a Phase II application shall be required.(b)(1) The application for Phase I-A, shall identify items including, but not limited to, the following: (A) The feasibility of interconnection to an existing system;(B) the location and proposed construction of any source of supply;(C) the possible duplication of service and water facilities caused by the installation of the proposed system;(D) the name of an existing regulated or municipal water utility or regional water authority which will own, operate and maintain the final constructed water supply facilities if they are to remain as a non-connected satellite system;(2) The Department of Public Utility Control and the Department of Health Services shall determine the issues in subparagraphs (b) (1) (A), (b) (1) (B), (b) (1) (C), and (b) (1) (D) in this subsection;(3) If the Department of Public Utility Control and Department of Health Services jointly determine that the applicant meets the criteria reviewed under subdivisions (1) and (2) of this subsection, the Department of Public Utility Control shall grant approval of the Phase I-A application, in writing to allow the applicant to construct the source of supply proposed in the application. The applicant shall proceed to construct the source of supply in conformance with the application and any conditions set by the Department of Public Utility Control and Department of Health Services in the approval. Applicants proposing withdrawals in excess of 50,000 gallons of water from one or more wells joined in a system where combined maximum withdrawal exceeds 50,000 gallons of water during any twenty-four hour period must confer with the Department of Environmental Protection to determine appropriate water diversion permit requirements under Section 22a-365 of the General Statutes of Connecticut;(4) Approval under Phase I-A shall not in and of itself guarantee the later issuance of a certificate of public convenience and necessity.(c)(1) The application for Phase I-B shall identify items including, but not limited to, the following: (A) well yield data for each well, based on a suitable yield test performed by a qualified well yield tester in accordance with the criteria set forth in section 16-262m-8 herein and Section 19-13-B51(K) of the Regulations of Connecticut State Agencies; and(B) water quality data for each well as specified by the Department of Health Services.(2) The Department of Public Utility Control and the Department of Health Services shall jointly evaluate the data in subparagraphs (c) (1) (A) and (c) (1) (B) in this subsection.(3) If the Department of Public Utility Control and Department of Health Services determine that the applicant meets the criteria reviewed under subparagraphs (c) (1) (A) and (c) (1) (B) of this subsection, the Department of Public Utility Control shall grant approval of the Phase I-B application, in writing to allow the applicant to obtain building permits to perform the functions specified in section 16-262m-1(e). The applicant shall proceed with construction in conformance with the application and any conditions set by the Department of Public Utility Control and the Department of Health Services in the approval. Approval under Phase I-B shall not in and of itself guarantee the later issuance of a certificate of public convenience and necessity for the applicant.(d)(1) After receiving approval to proceed with the various aspects of the project under subsection (c) above, an applicant shall submit an application under Phase II. This application shall demonstrate items including, but not limited to, the following:(A) conformance of proposed construction with the Department of Public Utility Control's and Department of Health Services' engineering standards;(B) conformance of proposed construction with all federal and state standards on water supply;(C) the financial, managerial, and technical resources of the applicant and ability to maintain adequate service.(2) The Department of Public Utility Control and Department of Health Services shall jointly evaluate the issues in subparagraphs (d) (1) (A), (d) (1) (B) and (d) (1) (C) of this subsection.(3) If the Department of Public Utility Control and Department of Health Services determine that the application meets the criteria in subparagraphs (d) (1) (A), (d) (1) (B) and (d) (1) (C) of this subsection the Department of Public Utility Control and Department of Health Services shall jointly issue a certificate of public convenience and necessity to the applicant.(4) The applicant shall notify the Department of Public Utility Control, the Department of Health Services and the specified owner of the water system when the construction of the pumphouse, distribution system and service lines commence so that a field inspection can be scheduled to witness the installation of such items and when construction is completed so that a field inspection can be scheduled to inspect the as-built facilities.Conn. Agencies Regs. § 16-262m-3
Effective September 25, 1987