§ 22-3. Individual water supply facilities.

The following regulations shall govern the construction of all individual private water supplies (wells) for new structures in the Town of New Milford or existing structures where an individual private well is proposed to serve a residence or other structure:

(a) 

Any owner of a new public water supply system must seek approval from the Department of Public Utility Control and the Department of Public Health through the certificate of needs process identified in the Connecticut General Statutes Section 16-262m or make arrangements with an existing owner of a public water supply system to provide service. If neither option is possible, an owner must construct individually drilled private water supply wells complying with the provisions of the Connecticut General Statutes, Article 4, Sections 25-128-33 through 25-128-57 and Sections 25-128-61 through 25-128-64 and appendix and also the Connecticut Public Health Code Section 19-13-B51(a) through (m) inclusive.

(b) 

All private wells shall be located on the same parcel of land as the dwelling they serve.

(c) 

The location of all proposed private wells shall be indicated on proposed subdivision plans and also on the plot plan for individual residences or buildings that are proposed for construction. Proposed private wells for existing residences may be indicated on plot plans and located in the field. Of the seventy-five-foot minimum required well radius, no more than 25 feet of this well radius shall be located on adjacent privately owned residential or commercial properties or a protective easement shall be obtained on the subject adjacent property to prevent any activity within 50 feet of the private well that may negatively impact said well. Where a private well is located adjacent to publicly owned property (or property that is deed restricted or otherwise conserved), thus minimizing the potential negative impact to the subject well, no more than 50 feet of the well radius shall be located on this adjacent property. Any easement obtained for this purpose, as noted above, shall be prepared by the property owner and approved by the Director of Health and shall be properly recorded on the New Milford land records. Such easement shall be revocable only by agreement of both property owners and the Director of Health. Any new private well shall meet the separation distances established by Section 19-13-B51d of the Connecticut Public Health Code between wells and sewage disposal facilities, drains and any other items for which it may establish separation distances, including underground oil storage tanks.

(d) 

A copy of the foundation as built or other means to determine the location of property lines must be submitted before well permit approval.

(e) 

A yield of at least the following will be considered a satisfactory water supply:

Depth of Well (feet)	Yield in Gallons per Minute (gpm)
100 or less	5
101 to 150	3 1/2
151 to 200	2
201 to 300	1
Over 300	1/2

(f) 

The static level of the well shall indicate that it is 75% full of water or either the next higher yield shall be used or an adequate storage tank, approved by the Director of Health, shall be installed.

(g) 

Any repairs such as hydrofracturing, redevelopment or deepening performed on a private well water supply require the well contractor to obtain a permit in accordance with Section 25-128-1961 of the Connecticut General Statutes and file the permit and well completion report with the New Milford Health Department.

(h) 

Any existing private well that will no longer be active for domestic, business establishment, industrial or other use because of quantity or quality problems or other reasons shall be abandoned by the property owner, lessee or his/her agent. Abandonment shall be performed by a registered well drilling contractor in accordance with the requirements and procedures specified in Part 3, Sections 25-128-56 and 25-128-57 of the Connecticut Well Drilling Code and any subsequent revisions concerning abandonment of wells. If a property owner wants to continue to use an adequate or partially adequate, existing private well for purposes other than its original intended use, such as irrigation, the property owner must submit a letter to the New Milford Health Department describing this new intended use. This private well must continue to be equipped with a sanitary seal and must be disconnected from the existing plumbing in the building or provided with proper cross-connection protection.

(i) 

The owner of any new well or repair [as identified in § 22-3(h)] must perform and submit to the New Milford Health Department a satisfactory water analysis report from a certified laboratory in the State of Connecticut. The analysis must be a test of the water from the subject private well and must be submitted before a permit to discharge or certificate of occupancy can be issued. If one or more of the parameters exceeds the established limits or standards, then corrective measures must be implemented, and an additional water analysis for the parameter(s) in question must be submitted to determine compliance. In accordance with Section 19-13-B101 of the Connecticut Public Health Code, the parameters tested shall be, at a minimum, those specified in Subdivision (d). The standards for the water from a private well shall conform to those specified in Subdivisions (1), (2), (3) and (4), where applicable, of Subsection (e) of Section 19-13-B102 and Section 19-13-B101 of the Connecticut Public Health Code.

Ord. of 9-24-2007