SAVE OUR DRINKING WATER! CLOSE THE DEAL!
STATE OF CONNECTICUT
VS.
TOWN OF NEW FAIRFIELD
CONSENT ORDER
The Commissioner of Environmental Protection has determined that the Town of New Fairfield ("the Town") is a municipality in which pollution of the groundwaters has occurred or can reasonably be expected to occur; the Commissioner of Public Health has determined that the pollution creates or can reasonably be expected to create an unacceptable risk of injury to the health or safety of persons using such groundwaters as a public or private source of water for drinking or other personal or domestic uses; and the Commissioner of Environmental Protection has been unable to determine the person or municipality responsible for such pollution. Therefore, pursuant to Sections 22a-6, 22a-424 and 22a-471 of the Connecticut General Statutes, the Commissioner of Environmental Protection ("the Commissioner"), with the agreement of the Town hereby orders the Town to take the following actions:
1. Describe in detail the area and population affected by the pollution of groundwater on and in the vicinity of ______________________________________in the Town of New Fairfield and determine which areas presently or potentially may not meet the State of Connecticut Department of Public Health requirements for potable drinking water.
2. Describe long term potable drinking water supply alternatives, associated costs and design criteria for each alternative.
3. Provide a [short-term and] long-term potable drinking water supply which meets the standards for drinking water established by the Commissioner of Public Health to the following properties and the areas as described under paragraph 1 above.
NAME ADDRESS
______________ _________________________________ ______________ _________________________________ ______________ _________________________________
4. The Town is further ordered to accomplish the above described actions, except as may be revised by the recommendations of a detailed engineering investigation and agreed to in writing by the Commissioner and the Commissioner of Public Health, in accordance with the following schedule:
A. Within 30 days of the date of issuance of this consent order the Town shall retain one or more qualified consultants acceptable to the Commissioner or demonstrate to the satisfaction of the Commissioner that the Town has adequate in-house expertise to prepare the documents and oversee the actions required by this consent order and shall, by that date, notify the Commissioner in writing of the identity of such consultants or in-house expert. The Town shall retain one or more qualified consultants acceptable to the Commissioner or maintain such in-house expertise, until this consent order is fully complied with, and, within ten days after retaining any such consultant or in-house expert other than one originally identified under this paragraph, the Town shall notify the Commissioner in writing of the identity of such other consultant or in-house expert. The Town shall submit to the Commissioner a description of a consultant’s or in-house expert’s education, experience and training which is relevant to the work required by this consent order within ten days after a request for such a description. Nothing in this paragraph shall preclude the Commissioner from finding a previously acceptable consultant or in-house expert unacceptable.
B. Within 60 days of the date of issuance of this consent order the Town shall submit for the review and written approval of the Commissioner, a scope of work, schedule and proposed engineering agreement for the investigation and study required by paragraphs 1 and 2, [and a plan and schedule for the provision of a short-term supply of potable drinking water to the properties identified in paragraph 3 until a long-term supply of potable drinking water has been provided].
C. Within ___ days of the date of issuance of this consent order the Town shall submit for the review and written approval of the Commissioner a Request for State Grant in accordance with Section 22a-471-1 of the Regulations of Connecticut State Agencies (“RCSA”) for the [short-term provision of potable drinking water and the] investigation and study required by paragraphs 1 and 2, which includes the Resolution required by Section 22a-471-1(d)(1)(C).
D. The Town shall perform all actions identified in the scope of work [and plan] approved pursuant to paragraph 4.B. in accordance with the approved schedule. On or before 30 days after approval by the Commissioner of the scope of work required by paragraph 4.B, the Town shall submit for the review and written approval of the Commissioner and the Commissioner of Public Health, an engineering report which describes the problems, area and population affected by the groundwater pollution, alternate solutions including cost of construction or installation, operation and maintenance, design criteria on all alternatives, and a recommended alternative for water supply facilities. The report shall also contain a schedule for construction of the approved water supply alternative and for the submission of the following items to the Commissioner:
1) Contract plans and specifications for the water supply alternative approved by the Commissioner under this paragraph.
2) Verification that a contract for the installation and construction of the facilities approved by the Commissioner has been awarded.
3) Verification that said approved facilities have been placed in operation.
E. On or before 14 days after the Commissioner’s approval of the engineering report required by paragraph 4.D, the Town shall submit for the review and written approval of the Commissioner a Request for State Grant in accordance with RCSA Section 22a-471-1 for capital improvements for the long-term provision of potable water, which includes the Resolution required by RCSA Section 22a-471-1(d)(1)(C).
F. The Town shall carry out the actions specified in the approved engineering report in accordance with the approved schedule.
5. Test results.
a. Respondent shall assure that all laboratory reports of results of any well testing required by this consent order are submitted in writing to the affected property owner and occupants, the Commissioner of Environmental Protection, the Commissioner of Public Health and the Town of New Fairfield Director of Health within thirty (30) days after taking a sample or within five days of receipt of such results by the Respondent, whichever is sooner.
b. Respondent shall assure that all results of any well testing required by this consent order are submitted in writing to the affected property owner and occupants with a statement identifying which, if any, parameters exceed the then current action level for any [aromatic] [halogenated] volatile organic compound [including but not limited to MTBE]. A copy of the statement submitted to the property owner and occupants shall be sent to the Commissioner within five (5) days of the date it is mailed to the property owner and occupants.
6. Standard for potable drinking water. All potable drinking water which is provided pursuant to this consent order shall be of a quality which meets all standards specified in the Regulations of Connecticut State Agencies, including sections 19-13-B101 and 19-13-B102, as amended and which the Commissioner of Public Health has not determined creates an unacceptable risk of injury to the health or safety of persons using such water as a public or private source of water for drinking or other personal and domestic uses.
7. Progress reports: [SPECIFY INTERVAL (e.g. “ON OR BEFORE THE LAST DAY OF EACH MONTH FOLLOWING ISSUANCE OF THIS CONSENT ORDER”, OR “ON OR BEFORE THE LAST DAY OF MARCH, JUNE, SEPTEMBER, AND DECEMBER OF EACH YEAR AFTER ISSUANCE OF THIS CONSENT ORDER”)] and continuing until all actions required by this consent order have been completed as approved and to the Commissioner’s satisfaction, Respondent shall submit a progress report to the Commissioner describing the actions which Respondent has taken to date to comply with this consent order.
8. Full compliance. Respondent shall not be considered in full compliance with this consent order until all actions required by this consent order have been completed as approved and to the Commissioner’s satisfaction.
9. Sampling and sample analyses. All [sampling and] sample analyses which are required by this consent order and all reporting of such sample analyses shall be conducted by a laboratory certified by [the U.S. Environmental Protection Agency [and] [or] the Connecticut Department of Public Health] to conduct such [sampling and] analyses. [All sampling and sample analyses performed under this order for (SPECIFY PARAMETERS OR TYPES OF ANALYSES) shall be performed in accordance with (SPECIFY PROTOCOL).] All [other] sampling and sample analyses performed under this order shall be performed in accordance with procedures specified or approved in writing by the Commissioner, or, if no such procedures have been specified or approved, in accordance with [40 CFR 136] [EPA document SW-846.] Unless otherwise specified by the Commissioner in writing, the value of each parameter shall be reported to the maximum level of precision and accuracy specified in the applicable protocol, and if no such level is specified, to the Analytical Detection Limit, as defined in Section 22a-133k-1 of the Regulations of Connecticut State Agencies. [IN ADDRESSING THE PROTOCOLS TO BE USED, BE SURE THAT YOU HAVE ACCOUNTED FOR ALL TYPES OF SAMPLES WHICH COULD POSSIBLY BE REQUIRED BY THE CONSENT ORDER.]
10. Approvals. Respondent shall use best efforts to submit to the Commissioner all documents required by this consent order in a complete and approvable form. If the Commissioner notifies Respondent that any document or other action is deficient, and does not approve it with conditions or modifications, it is deemed disapproved, and Respondent shall correct the deficiencies and resubmit it within the time specified by the Commissioner or, if no time is specified by the Commissioner, within 30 days of the Commissioner's notice of deficiencies. In approving any document or other action under this consent order, the Commissioner may approve the document or other action as submitted or performed or with such conditions or modifications as the Commissioner deems necessary to carry out the purposes of this consent order. Nothing in this paragraph shall excuse noncompliance or delay.
11. Definitions. As used in this consent order, "Commissioner" means the Commissioner or a representative of the Commissioner. The date of “issuance” of this consent order is the date the consent order is deposited in the U.S. mail or personally delivered, whichever is earlier. [ADD WHERE NECESSARY FOR UST: “Hazardous substances” shall be defined as that term is defined in 42 U.S.C. §9601, but shall not include any substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act. “Underground storage tank system” shall be defined as that term is defined in RCSA §22a-449(d)-101(d)(63). “Petroleum” shall be defined as that term is defined in RCSA §22a-449(d)-101(d)(48)(b) and shall include all of the items listed as a “regulated substance” in RCSA §22a-449(d)-101(d)(48)(b).]
12. Dates. The date of submission to the Commissioner of any document required by this consent order shall be the date such document is received by the Commissioner. The date of any notice by the Commissioner under this consent order, including but not limited to notice of approval or disapproval of any document or other action, shall be the date such notice is deposited in the U.S. mail or is personally delivered, whichever is earlier. Except as otherwise specified in this consent order, the word "day" as used in this consent order means calendar day. Any document or action which is required by this consent order to be submitted or performed by a date which falls on a Saturday, Sunday or a Connecticut or federal holiday shall be submitted or performed by the next day which is not a Saturday, Sunday or Connecticut or federal holiday.
13. Certification of documents. Any document, including but not limited to any notice, which is required to be submitted to the Commissioner under this consent order shall be signed by Respondent or, if Respondent is not an individual, by Respondent’s chief executive officer or a duly authorized representative of such officer, as those terms are defined in §22a-430-3(b)(2) of the Regulations of Connecticut State Agencies, and by the individual(s) responsible for actually preparing such document, and Respondent or Respondent’s chief executive officer and each such individual shall certify in writing as follows:
"I have personally examined and am familiar with the information submitted in this document and all attachments thereto, and I certify, based on reasonable investigation, including my inquiry of those individuals responsible for obtaining the information, that 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 §53a-157b of the Connecticut General Statutes and any other applicable law."
14. Noncompliance. This consent order is a final order of the Commissioner with respect to the matters addressed herein, and is nonappealable and immediately enforceable. Failure to comply with this consent order may subject Respondent to an injunction and penalties.
15. False statements. Any false statement in any information submitted pursuant to this consent order is punishable as a criminal offense under §53a-157b of the Connecticut General Statutes and any other applicable law.
16. Liability of Town and others. The Town’s obligations under this consent order shall not be affected by the passage of title to any property to any other person or municipality.
17. Commissioner's powers. Nothing in this consent order shall affect the Commissioner's authority to institute any proceeding or take any other action to prevent or abate violations of law, prevent or abate pollution, recover costs and natural resource damages, and to impose penalties for past, present, or future violations of law. If at any time the Commissioner determines that the actions taken by Respondent pursuant to this consent order have not successfully corrected all violations, fully characterized the extent or degree of any pollution, or successfully abated or prevented pollution, the Commissioner may institute any proceeding to require Respondent to undertake further investigation or further action to prevent or abate violations or pollution.
18. Town’s obligations under law. Nothing in this consent order shall relieve Town of other obligations under applicable federal, state and to the extent local law is consistent with this consent order, local law.
19. No assurance by Commissioner. No provision of this consent order and no action or inaction by the Commissioner shall be construed to constitute an assurance by the Commissioner that the actions taken by Respondent pursuant to this consent order will result in compliance [or prevent or abate pollution].
20. No effect on rights of other persons. This consent order neither creates nor affects any rights of persons or municipalities that are not parties to this consent order.
21. Notice to Commissioner of changes. Within 15 days of the date Respondent becomes aware of a change in any information submitted to the Commissioner under this consent order, or that any such information was inaccurate or misleading or that any relevant information was omitted, Respondent shall submit the correct or omitted information to the Commissioner.
22. Notification of noncompliance. In the event that Respondent becomes aware that it did not or may not comply, or did not or may not comply on time, with any requirement of this consent order or of any document required hereunder, Respondent shall immediately notify by telephone the individual identified in the next paragraph and shall take all reasonable steps to ensure that any noncompliance or delay is avoided or, if unavoidable, is minimized to the greatest extent possible. Within five (5) days of the initial notice, Respondent shall submit in writing the date, time, and duration of the noncompliance and the reasons for the noncompliance or delay and propose, for the review and written approval of the Commissioner, dates by which compliance will be achieved, and Respondent shall comply with any dates which may be approved in writing by the Commissioner. Notification by Respondent shall not excuse noncompliance or delay, and the Commissioner's approval of any compliance dates proposed shall not excuse noncompliance or delay unless specifically so stated by the Commissioner in writing.
23. Submission of documents. Any document required to be submitted to the Commissioner under this consent order shall, unless otherwise specified in this consent order or in writing by the Commissioner, be directed to:
[name, title]
Department of Environmental Protection
Bureau of Water Management
Permitting, Enforcement and Remediation Division
79 Elm Street
Hartford, Connecticut 06106-5127
22. Submission of documents to DPH. Any document required to be submitted to the Commissioner of Public Health under this consent order shall, unless otherwise specified in writing by the Commissioner of Public Health, be directed to:
_______________________
Department of Public Health
Water Supplies Section
450 Capitol Ave., MS#51WAT
P.O. Box 340308
Hartford, Connecticut 06134-0308
The Town consents to the issuance of this consent order without further notice. The undersigned certifies that (he/she) is fully authorized to enter into the consent order and to legally bind the Town to the terms and conditions of the consent order.
_________________ _______________
Date [Name]
[Title]
Issued as a final order of the Commissioner of Environmental Protection.
_________________ _____________________
Date Gina McCarthy Commissioner
ORDER NO. SRD-__________
TOWN OF _________________
DISCHARGE CODE K
