Connecticut General Statutes/Title 19a/Chapter 368a/Section 19a-37

CGS § 19a-37. (Formerly Sec. 19-13a). Regulation of water supply wells and springs. Definitions. Information and requirements re testing of private wells or semipublic wells. Transportation of water in bulk by bulk water hauler.

(a) As used in this section:

(1) “Laboratory or firm” means an environmental laboratory registered by the Department of Public Health pursuant to section 19a-29a;

(2) “Domestic purposes” means drinking, bathing, washing of clothes and dishes, cooking and other common household chores;

(3) “First draw sample” means a one-liter sample of tap water that has been standing in plumbing pipes for not less than six hours that is collected without flushing the tap;

(4) “Private well” means a water supply well that meets all of the following criteria: (A) Is not a public well; (B) supplies a residential population of less than twenty-five persons per day; and (C) is owned or controlled through an easement or by the same entity that owns or controls the building or parcel that is served by the water supply well;

(5) “Public well” means a water supply well that supplies a public water system;

(6) “Semipublic well” means a water supply well that (A) does not meet the definition of a private well or public well, and (B) provides water for drinking and other domestic purposes; and

(7) “Water supply well” means an artificial excavation constructed by any method for the purpose of obtaining or providing water for drinking or other domestic, industrial, commercial, agricultural, recreational or irrigation use, or other outdoor water use.

(b) (1) The Commissioner of Public Health may adopt regulations, in accordance with the provisions of chapter 54, for the preservation of the public health pertaining to (A) protection and location of new water supply wells or springs for residential or nonresidential construction or for public or semipublic use, and (B) inspection for compliance with the provisions of municipal regulations adopted pursuant to section 22a-354p.

(2) The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, for the testing of water quality in private wells and semipublic wells.

(3) The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, to clarify the criteria under which the commissioner may issue a well permit exception and to describe the terms and conditions that shall be imposed when a well is allowed at a premises that is connected to a public water supply system or whose boundary is located within two hundred feet of an approved community water supply system, measured along a street, alley or easement. Such regulations shall (A) provide for notification of the permit to the public water supplier, (B) address the (i) quality of the water supplied from the well, (ii) means and extent to which the well shall not be interconnected with the public water supply, (iii) need for a physical separation and the installation of a reduced pressure device for backflow prevention, and (iv) inspection and testing requirements of any such reduced pressure device, and (C) identify the extent and frequency of water quality testing required for the well supply.

(c) (1) Any laboratory or firm which conducts a water quality test on a private well serving a residential property or semipublic well in the state shall, not later than thirty days after the completion of such test, report the results of such test to the local health authority of the municipality where the property is located and the Department of Public Health in a format specified by the department. Results submitted to the Department of Public Health or the local health authority pursuant to this subsection, information obtained from any Department of Public Health or local health authority investigation regarding those results and any Department of Public Health or local health authority study of morbidity and mortality regarding the results shall be confidential pursuant to section 19a-25, except the local health authority and the department may, if approved by the commissioner, disclose the results or information obtained from an investigation of the results to (A) the owner of the property on which the well is located, (B) a prospective buyer of such property who has signed a contract to purchase such property, (C) other persons or entities, when such disclosure is necessary to carry out a statutory or regulatory responsibility of the local health authority or department, or (D) an agent of a state agency.

(2) On and after October 1, 2022, the owner of each newly constructed private well or semipublic well shall test the water quality of such well. Such test shall be performed by a laboratory and include, but need not be limited to, testing for coliform, nitrate, nitrite, sodium, chloride, iron, manganese, hardness, turbidity, pH, sulfate, apparent color, odor, arsenic and uranium. If such a well is constructed for an existing structure, a first draw sample collected from the existing plumbing system shall also be tested for lead. The owner shall submit test results to the local health authority where the well is located in a form and manner prescribed by the Commissioner of Public Health. Such local health authority shall determine whether the test results comply with the maximum contaminant levels, as prescribed by sections 19-13-B101 and 19-13-B102 of the regulations of Connecticut state agencies. A newly constructed private well or semipublic well shall not be used for domestic purposes until the local health authority determines that the test results comply with such maximum contaminant levels.

(d) Prior to the sale, exchange, purchase, transfer or rental of real property on which a private or semipublic well is located, the owner shall provide the buyer or tenant notice that educational material concerning private well testing is available on the Department of Public Health web site. If the prospective buyer or tenant has hired a real estate licensee to facilitate the property transaction, such real estate licensee, or, if the prospective buyer or tenant has not hired a real estate licensee, the owner, landlord or closing attorney shall provide to the buyer or tenant an electronic or hard copy of educational material prepared by the Department of Public Health that recommends testing for the contaminants listed in subsection (c) of this section and any other recommendation concerning well testing that the Department of Public Health deems necessary. Failure to provide such notice or educational material shall not invalidate any sale, exchange, purchase, transfer or rental of real property. If the seller or landlord provides such notice or educational material in writing, the seller or landlord and any real estate licensee shall be deemed to have fully satisfied any duty to notify the buyer or tenant.

(e) A certificate of occupancy for a dwelling unit on a residential property shall not be withheld or revoked on the basis of a water quality test performed on a private well pursuant to this section, unless such test results indicate that any maximum contaminant level applicable to public water supply systems for any contaminant listed in the regulations of Connecticut state agencies has been exceeded. No municipality, administrative agency or local health authority shall establish regulations or ordinances that withhold, cause to be withheld or revoke such a certificate of occupancy on the basis of a water quality test performed on a well pursuant to this section, except as provided in this section.

(f) (1) The local director of health may require a private well or semipublic well to be tested for arsenic, radium, uranium, radon or gross alpha emitters, when there are reasonable grounds to suspect that such contaminants are present in the groundwater. For purposes of this subsection, “reasonable grounds” means (A) the existence of a geological area known to have naturally occurring arsenic, radium, uranium, radon or gross alpha emitter deposits in the bedrock; or (B) the well is located in an area in which it is known that arsenic, radium, uranium, radon or gross alpha emitters are present in the groundwater.

(2) The local director of health may require a private well or semipublic well to be tested for pesticides, herbicides or organic chemicals when there are reasonable grounds to suspect that any such contaminants might be present in the groundwater. For purposes of this subsection, “reasonable grounds” means (A) the presence of nitrate-nitrogen in the groundwater at a concentration greater than ten milligrams per liter, or (B) that the private well or semipublic well is located on land, or in proximity to land, associated with the past or present production, storage, use or disposal of organic chemicals as identified in any public record.

(g) Except as provided in subsection (h) of this section, the collection of samples for determining the water quality of private wells and semipublic wells may be made only by (1) employees of a laboratory or firm certified or approved by the Department of Public Health to test drinking water, if such employees have been trained in sample collection techniques, (2) certified water operators, (3) local health departments and state employees trained in sample collection techniques, or (4) individuals with training and experience that the Department of Public Health deems sufficient.

(h) Any owner of a residential construction, including, but not limited to, a homeowner, on which a private well is located or any general contractor of a new residential construction on which a private well is located may collect samples of well water for submission to a laboratory or firm for the purposes of testing water quality pursuant to this section, provided (1) such laboratory or firm has provided instructions to said owner or general contractor on how to collect such samples, and (2) such owner or general contractor is identified to the subsequent owner on a form to be prescribed by the Department of Public Health. No regulation may prohibit or impede such collection or analysis.

(i) Any water transported in bulk by any means to a premises currently supplied by a private well or semipublic well where the water is to be used for purposes of drinking or domestic use shall be provided by a bulk water hauler licensed pursuant to section 20-278h. No bulk water hauler shall deliver water without first notifying the owner of the premises of such delivery. Bulk water hauling to a premises currently supplied by a private well or semipublic well shall be permitted only as a temporary measure to alleviate a water supply shortage.

Short History

(1959, P.A. 30; P.A. 77-614, S. 475, 610; P.A. 89-305, S. 26, 32; P.A. 92-251; P.A. 93-381, S. 9, 39; P.A. 94-85, S. 3; P.A. 95-257, S. 12, 21, 58; P.A. 97-296, S. 1, 4; P.A. 02-102, S. 4; P.A. 07-244, S. 4; P.A. 08-184, S. 24; P.A. 11-242, S. 72; P.A. 12-197, S. 7; P.A. 16-66, S. 20; P.A. 17-146, S. 15; P.A. 19-118, S. 22; P.A. 21-121, S. 6; P.A. 22-58, S. 60; P.A. 24-68, S. 16.)

Long History

History: P.A. 77-614 replaced public health council with commissioner of health services, effective January 1, 1979; Sec. 19-13a transferred to Sec. 19a-37 in 1983; P.A. 89-305 added provision concerning inspection for compliance with municipal aquifer protection regulations; P.A. 92-251 added Subsec. (b) re testing of private residential wells; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 94-85 amended Subsec. (b) to provide that a laboratory or firm which conducts a water quality test of a private well shall report the results of such test to the local health authority if the test was conducted within six months, rather than three months, of a sale of the property served by such well and specified that results be reported within 30 days after test made; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 97-296 amended Subsec. (b) to prohibit regulations from requiring the testing of well water as a consequence or a condition of the sale, exchange, transfer, purchase or rental of real property, and added new Subsecs. (c) to (g) re regulations, effective July 8, 1997; P.A. 02-102 added new Subsec. (c) requiring the adoption of regulations to clarify the criteria under which a well permit exception may be granted and to describe the terms and conditions to be imposed when a well is allowed at a premises that is connected to a public water supply, and relettered existing Subsecs. (c) to (g) as Subsecs. (d) to (h); P.A. 07-244 amended Subsec. (c) by designating as Subdiv. (1) existing provision re wells at premises connected to a public water supply system, adding Subdiv. (2) re wells located within 200 feet of approved community water supply system and redesignating existing Subdivs. (1), (2) and (3) as Subparas. (A), (B) and (C); P.A. 08-184 made a technical change in Subsec. (c); P.A. 11-242 amended Subsec. (b) by designating existing requirement re water quality test report to public health authority as Subdiv. (1), by adding Subdiv. (2) re water quality test report to Department of Public Health and by defining “laboratory or firm”, added new Subsec. (c) re owner to provide buyer or tenant with notice re availability of educational material concerning private well testing, redesignated existing Subsecs. (c) and (d) as Subsecs. (d) and (e), deleted former Subsec. (e) re regulations not requiring testing of private residential wells for herbicides or insecticides, added new Subsec. (f) re local director of health's authority to require private residential well to be tested for radionuclides, added new Subsec. (g) re persons authorized to collect water samples from private residential wells, redesignated former Subsec. (f) as Subsec. (h) and amended same to designate existing provision re laboratory or firm to provide instruction on collection of well water samples as Subdiv. (1) and add Subdiv. (2) re notice to subsequent owners that general contractor or former owner was responsible for collecting well water samples, deleted former Subsec. (g) re regulations not requiring testing of private residential wells for organic chemicals, deleted former Subsec. (h) re regulation waiver provision applicable to wells not tested between December 30, 1996, and July 8, 1997, added new Subsec (i) re local director of health's authority to require private residential well to be tested for pesticides, herbicides or organic chemicals, and made technical changes; P.A. 12-197 amended Subsec. (f) by replacing provisions re testing for radionuclides with provisions re testing for arsenic, radium, uranium, radon or gross alpha emitters; P.A. 16-66 amended Subsecs. (b), (f), (g) and (i) by adding references to wells for semipublic use; P.A. 17-146 added new Subsec. (a) re definitions, redesignated existing Subsec. (a) as Subsec. (b), redesignated existing Subsec. (b) as Subsec. (c) and amended same to replace provision re report shall not be required if party for whom laboratory or firm conducted test informs laboratory or firm that test was not conducted within 6 months of sale of property with provision re report shall only be required if party for whom laboratory or firm conducted test informs laboratory or firm identified on chain of custody documentation that test was conducted in connection with sale of property, and to delete provision defining laboratory or firm, redesignated existing Subsecs. (c) to (i) as Subsecs. (d) to (j), added Subsec. (k) re water transported in bulk, and made conforming changes; P.A. 19-118 amended Subsec. (a) by making technical change in Subdiv. (2), replacing “Well for semipublic use” with “Semipublic well” in Subdiv. (4) and redefining “Water supply well” in Subdiv. (5), amended Subsec. (b) by adding reference to nonresidential construction and amended Subsecs. (c), (g), (h), (j) and (k) by replacing references to well for semipublic use with references to semipublic well, effective July 1, 2019; P.A. 21-121 amended Subsec. (a)(2) by redefining “private well”, amended Subsecs. (b) and (f) by replacing “Public Health Code” with “regulations of Connecticut state agencies”, amended Subsecs. (c) and (f) to (j) by deleting “residential” and amended Subsec. (d) by replacing “residential” with “private or semipublic”; P.A. 22-58 substantially revised section including by adding Subsec. (b)(2) re adoption of regulations for the testing of water quality in private wells and semipublic wells, adding Subsec. (b)(3) re adoption of regulations for well permit exceptions, deleting provision re exception to reporting requirement and adding provision re test result confidentiality in Subsec. (c), adding Subsec. (c)(2) re testing of newly constructed private and semipublic wells, adding provisions re provision of educational materials to prospective buyers and tenants in Subsec. (d), deleting former Subsec. (e) re regulations for well-permit exceptions, redesignating existing Subsecs. (f) and (g) as Subsecs. (e) and (f), adding Subsec. (f)(2) re authority of local directors of health to require well testing, redesignated existing Subsecs. (h) and (i) as Subsecs. (g) and (h), deleting former Subsec. (j), redesignating existing Subsec. (k) as Subsec. (i) and making technical and conforming changes; P.A. 24-68 amended Subsec. (a) by adding new Subdivs. (2) and (3) defining “domestic purposes” and “first draw sample” and redesignating existing Subdivs. (2) to (5) as Subdivs. (4) to (7), amended Subsec. (c)(1) by adding “in the state”, replacing “the public health authority of the municipality” with “the local health authority of the municipality”, deleting Subpara. designators (A) and (B) and adding provision re exceptions to confidentiality requirement as specified in new Subparas. (A) and (B) and added (C) and (D), amended Subsec. (c)(2) by deleting requirement all tests include testing for lead, adding provision requiring testing for lead if well is constructed for existing structure, replacing Department of Public Health as recipient of test results with local health authority where well is located and adding provisions requiring local health authority to determine whether test results comply with maximum contaminant levels and prohibiting newly constructed wells from being used for domestic purposes prior to determination by local health authority that test results comply with such levels, amended Subsec. (e) by replacing provision prohibiting administrative agencies, health districts or municipal health officers from withholding certificates of occupancy with provision prohibiting municipalities, administrative agencies or local health authorities from establishing regulations or ordinances to revoke such certificates on basis of water quality tests and made technical and conforming changes, effective May 28, 2024.

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