To hear an ordinance entitled, "AN ORDINANCE ADOPTING THE AQUIFER PROTECTION AREA PROGRAM AND DESIGNATING THE INLAND WETLANDS AND WATERCOURSES COMMISSION AS THE AQUIFER PROTECTION AGENCY"

Present: Mayor Trinks, Deputy Mayor Curtis, Councilor Ellingwood, Councilor Dean, Councilor Jepsen, Councilor Mulligan, Councilor Simon and Councilor Walker

Mayor Trinks called the public hearing to order at 7:16 p.m.

Mayor Trinks read the public hearing notice.

None.

Mayor Trinks closed the public hearing at 7:18 p.m.

Respectfully submitted,

Kristin Countryman

Clerk of the Windsor Town Council

cc: Town Clerk

Main Library

Wilson Branch

WHEREAS, Section 22a-354o of the Connecticut General Statutes ("Conn. Gen. Stat.") provides that each municipality in which an aquifer protection area is located shall authorize by ordinance an existing board or commission to act as an aquifer protection agency; and

WHEREAS, it has been determined that it is in the best interest of the Town of Windsor to designate the Inland Wetlands and Watercourses Commission as the town’s aquifer protection agency.

NOW THEREFORE, be it ordained by the Council of the Town of Windsor that Chapter 14 Article XI of the Windsor Code is adopted to read as follows:

1. In accordance with the provisions of Conn. Gen. Stat. §22a-354a, et seq., the Inland Wetlands and Watercourses Commission is hereby designated as the Aquifer Protection Agency (hereinafter the "Agency") of the Town of Windsor.

2. Members of the Inland Wetlands and Watercourses Commission shall serve coexisting terms on the Agency. The membership requirements of the Agency shall be the same as those of the Inland Wetlands and Watercourses Commission including, but not limited to the number of members, terms, method of selection and removal of members, and filling of vacancies.

3. At least one member of the Agency or staff of the Agency shall complete the course in technical training formulated by the Commissioner of Environmental Protection of the State of Connecticut, pursuant to Conn. Gen. Stat. § 22a-354v.

1. The Agency shall adopt regulations in accordance with Conn. Gen. Stat. § 22a-354p and R.C.S.A. §22a-354i-3. Said regulations shall provide for:

i.  The manner in which boundaries of aquifer       protection areas shall be established and amended or changed.

ii.  Procedures for the regulation of activity within the area.

iii.  The form for an application to conduct regulated activities within the area.

          iv.   Notice and publication requirements.

v.    Criteria and procedures for the review of applications.

 

vi.  Administration and enforcement.

1. In order to carry out the purposes of the Aquifer Protection Program, the Agency will conduct an inventory of land use within the area to assess potential contamination sources.

2. Not later than three months after approval by the Commissioner of the Connecticut Department of Environmental Protection of Level B Mapping of aquifers, the Agency will inventory land uses overlying the mapped zone of contribution and recharge areas of such aquifers in accordance with guidelines established by the Commissioner pursuant to Conn. Gen. Stat. § 22a-354f. Such inventory shall be completed not more than one year after authorization of the Agency.

3. Nothing herein shall prohibit the Agency to adopt such inventories and maps as may be completed by the Inland Wetlands and Watercourses Commission.

The enactment of this ordinance repealing specific sections of the prior ordinance as existing shall not operate as an abatement of any action or proceeding thereon now pending under or by the authority of said prior ordinance. All of said actions and proceedings are hereby ratified to be continued.

All provisions of the Town Code in conflict herewith are hereby repealed and that if for any reason, any word, clause, paragraph, or section of this ordinance shall be held to make the same unconstitutional, this ordinance shall not hereby be invalidated and the remainder of the ordinance shall continue in effect. Any provision herein which is in conflict with the Connecticut General Statutes is hereby repealed, it being understood that said statutes shall take precedence over this ordinance.

This ordinance shall become effective ten (10) days after publication in a newspaper having a substantial circulation in Windsor.

APPROVED AS TO FORM:

Town Attorney

ATTEST:

Town Clerk

Distributed to Town Council: 11/1/04

Public Hearing Advertised: 11/5/04

Public Hearing 11/15/04

Adopted 11/15/04

Advertised: 11/18/04

Effective Date:  11/29/04