HomeMy WebLinkAboutDEEP Diversion of Water Application Connecticut Department of MAR 2 9 Z017
Energy & Environmental Protection
Bureau of Water Protection & Land Reuse S"WINDWRKMMNGDE"..
Water Planning & Management Division
Request for Reauthorization under the General Permit for
Diversion of Water for Consumptive Use
Notice to Requesters: This form is only for those currently authorized CPPU USE ONLY
under the following General Permits:
• General Permit for Diversion of Water for Consumptive Use:Authorization
Required Categories(DEP-IWRD-GP-012) issued March 29,2007; App#:
• General Permit for Diversion of Water for Consumptive Use: Filing Only
Categories(DEP-IWRD-GP-011)issued March 15, 2007; Doc#:
• General Permit for Diversion of Water for Consumptive Use:
Reauthorization Categories(DEP-IWRD-GP-01 R) issued March 15,2007. Check#:
In order to use this form,the quantities requested in Part VI,#2 of this
form must be equal to or less than previously approved quantities.Any
increase of such quantities will result in the rejection of your request, Program:
whereby your activity may be eligible for authorization under other
consumptive diversion general permits or through an"individual"water GP IWRD Diversion for Consumptive Use
diversion permit.
Please complete this form in accordance with the instructions(DEEP-WPMD-INST-001)to ensure the proper handling of your
request for reauthorization. Print or type unless otherwise noted.You must submit the total fee with this form.
Those not currently authorized as such and seeking coverage under the General Permit for Diversion of Water for
Consumptive Use must complete Form DEEP-WPMD-REQ-002 or DEEP-WPMD-REQ-003 depending on their eligibility
category.
Notice to Municipal Agencies:This is a request for reauthorization submitted to the Department of Energy and
Environmental Protection(DEEP)pursuant to CGS section(s)22a-6 and 22a-378a. For any questions, call DEEP's Water
Planning and Management Division at 860-424-3704.
Part I: Existing Authorization
1. Application/Authorization Number: DIV-200701761GP Issue Date: 3/14/2008
If applicable, include, as Attachment A, a copy of your current approval under the General Permit for Diversion of
Water for Consumptive Use:Authorization Required Categories(DEP-IWRD-GP-012)expiring March 29,2017.
2. Town where site is located: South Windsor
3. Brief Description of Authorized Diversion: The Permittee is authorized to divert the waters of the state by
withdrawing a maximum of 0.150 million gallons of groundwater per day from a 212 foot bedrock well drilled in
January 1968.
DEEP-WPMD-REQ-001 Page 1 of 7 Rev.01/17/17
Part II: Eligible Diversion Activity Type and Fee Information
Check the appropriate box to indicate the activity that is the subject of this request for reauthorization. Please complete one
Request for Reauthorization for each current authorization you wish to reauthorize. For municipalities, a 50%discount
applies.The request for reauthorization will not be processed without the fee.The fee shall be non-refundable and shall be
paid by check or money order to the Department of Energy and Environmental Protection or by such other method as the
commissioner may allow.
Subject Activity fee[1082]
❑ Interconnection and Transfer of up to 1,000,000 gpd $2500.00
❑ Withdrawal of up to 250,000 gpd—Surface Water/Stratified Drift Aquifer $2500.00
® Withdrawal of up to 250,000 gpd—Bedrock Aquifer $2500.00
❑ Backup Wells $2500.00
❑ Small Supplemental Bedrock Well $2500.00
❑ Small Water Supply System $2500.00
❑ Large Tidally-Influenced Rivers $2500.00
❑ Water Supply System Interconnection $2500.00
❑ Unregistered Water Supply Systems $2500.00
❑ Diversion of up to 250,000 gallons per day New Water $2500.00
❑ Restoration of Lost Capacity $2500.00
Part III: Requester Information
• If a requestor is a corporation, limited liability company, limited partnership, limited liability partnership, or a statutory
trust, it must be registered with the Secretary of State. If applicable, requestor's name shall be stated exactly as it is
registered with the Secretary of State. This information can be accessed at CONCORD.
• If a requestor is an individual,provide the legal name(include suffix)in the following format:First Name;Middle Initial,
Last Name;Suffix(Jr, Sr., 11, lll, etc.).
If there are any changes or corrections to your company/facility or individual name, mailing or billing address or contact
information, please complete and submit the Request to Chanqe Company/Individual Information to the address indicated on
the form. For any other changes you must contact the specific program from which you hold a current DEEP license. If there
is a change in ownership, please contact the Permit Assistance Office for questions concerning license transfers at 860-424-
3003.
1. Applicant/Requestor
Name: Nuway Tobacco Company
Mailing Address: 200 Sullivan Avenue
City/Town:South Windsor State: CT Zip Code: 06074
Business Phone: 860-289-6414 ext.:
Contact Person:Andrew Douglas Phone: 860-289-6414 ext. 215
*E-mail: adouglas@ethicalsolutions.net
*By providing this e-mail address you are agreeing to receive official correspondence from the department,at this electronic address,
concerning the subject registration.Please remember to check your security settings to be sure you can receive a-mails from"ct.gov"
addresses.Also,please notify the department if your e-mail address changes.
a) Requestor Type(check one): ❑ individual ® *business entity ❑ federal agency
❑ state agency ❑ municipality ❑ tribal
*If a business entity:
i) check type: E corporation ❑ limited liability company ❑ limited partnership
❑ limited liability partnership ❑ statutory trust ❑ Other:
ii) provide Secretary of the State business ID#:0034354 This information can be accessed at
CONCORD
iii) ❑ Check here if you are NOT registered with the SOTS.
❑ Check here if any co-requestors. If so, attach additional sheet(s)with the required information as requested above.
DEEP-WPMD-REQ-001 Page 2 of 7 Rev.01/17/17
x
Part III: Requester Information (continued)
b) Requestor's interest in property at which the proposed activity is to be located:
❑ site owner ❑ option holder ❑ lessee ❑ easement holder ® operator
❑ other(specify):
2. Billing contact, if different than the requestor.
Name:
Mailing Address:
City/Town: State: Zip Code:
Business Phone: ext.:
Contact Person: Phone: ext.
*E-mail:
3. Primary contact for departmental correspondence and inquiries, if different than the requestor.
Name:
Mailing Address:
CityfTown: State: Zip Code:
Business Phone: ext.:
Contact Person: Phone: ext.
*E-mail:
4. Attorney or other representative, if applicable.
Firm Name:
Mailing Address:
CityfTown: State: Zip Code:
Business Phone: ext.:
Attorney: Phone: ext.
*E-mail:
5. Owner of the property, if different than the requestor.
Name:Charles Shepard
Mailing Address: P.O. Box 415
City/Town: East Windsor Hill State: CT Zip Code: 06028
Business Phone: 860-289-6414 ext.: 240
Contact Person: Charles Shepard Phone: 860-289-6414 ext. 240
*E-mail: tshepard@ethicalsolutions.net
6. Owner of the facility, if different than the requestor.
Name:Charles Shepard
Mailing Address: P.O. Box 415
City/Town: East Windsor Hill State: CT Zip Code: 06028
Business Phone: 860-289-6414 ext.: 240
Contact Person: Charles Shepard Phone: 860-289-6414 ext.240
*E-mail: tshepard@ethicalsolutions.net
DEEP-WPMD-REQ-001 Page 3 of 7 Rev.01/17/17
Part III: Requester Information (continued)
7. Consultant(s)employed or retained to assist in preparing the request for authorization or in designing or
constructing the activity. ❑ Check here if additional sheets are necessary,and label and attach them to this sheet.
Name:
Mailing Address:
CityfTown: State: Zip Code:
Business Phone: ext.:
Contact Person: Phone: ext.
*E-mail:
Service Provided:
Part IV: Compliance and Enforcement History
Complete and include an Applicant Compliance Information Form(DEEP-APP-002)as Attachment B.
Have all requirements of your current authorization been met including special conditions, record keeping and reporting
requirements? ®Yes ❑ No
If no, explain:
Note: Failure to meet requirements of your current authorization or a significant violation of environmental law
may result in a denial of your request.
Part V: Site Information
Site Name and Location
Name of Site(s) : Nuway Tobacco Company
Street Address or Location Description: 200 Sullivan Avenue
City/Town: South Windsor State: CT Zip Code: 06074
DEEP-WPMD-REQ-001 Page 4 of 7 Rev.01/17/17
Part VI: Project Summary
1. Regulated Activity
Describe the diversion, which is the subject of this request for reauthorization including the reason for the
diversion and the present use of the water diverted.
Water withdrawn from this well is primarily used as industrial process water for the manufacture
of reconstituted tobacco sheet. It is the primary liquid component for the tobacco product and is
also used as boiler feed water, HVAC and process cooling water as well as for the cleaning and
flushing of process equipment. The end use of the well water is essentially unchanged since the
well was installed in 1968 and is expected to remain the same for the foreseeable future.
❑ Check if additional sheets are attached to this page.
2. Quantity, Rate, Frequency and Duration of Diversion
Note: All quantity, rate, frequency and duration figures entered below must be equal to or less than
previously approved quantities under the General Permit for which you are currently authorized.
Name of diversion structure(s) Nuway Well One
Maximum daily withdrawal(mg)
(i.e. the largest volume of water to be withdrawn in 0.150 mgd
any 24 hourperiod)
Maximum rate of withdrawal (cfs) 0.45 cfs
Average day-maximum month withdrawal (mgd) 0.131 mgd
Frequency of withdrawals 24 hours/day 365 days/year
If the withdrawal is seasonal provide dates diversion
will be used:
Part VII: Supporting Documents
Please check the box by the attachments being submitted as verification that all applicable attachments have been submitted
with this Request for Reauthorization form.When submitting any supporting documents, label the documents as indicated in
this part(e.g.,Attachment D, Location Map, etc.)and be sure to include the requester's name as indicated on this application
form. Note that in addition to the supporting documents described in previous sections,your request for reauthorization must
include a location map as Attachment D.
® Attachment A: Existing Authorization: If applicable, include,a copy of your current approval under the General
Permit for Diversion of Water for Consumptive Use:Authorization Required Categories(DEP-
IWRD-GP-012)issued March 29, 2007.
® Attachment B: Compliance and Enforcement History: a completed copy of the Applicant Compliance Information
Form(DEEP-APP-002).
Attachment C: Location Map:an 8.5"X 11"copy of the relevant portion of the most recent version of the United
States Geological Survey topographic map at a(scale of 1:24,000)depicting the location of the
subject withdrawal(s)and, if possible,the property boundaries wherein the subject withdrawal
occurs.
❑ Attachment D: Additional Information: Include in this attachment any additional information not specifically
requested which may assist the department in determining compliance with this general permit.
DEEP-WPMD-REQ-001 Page 5 of 7 Rev.01/17/17
Part VIM: Copy of Request for Reauthorization to Municipal Agencies
You must submit a complete copy of your request for reauthorization to the municipal inland wetlands agency,
zoning commission, planning commission or combined planning and zoning commission, and conservation
commission of each municipality that will or may be affected by the subject activity. Enter the names and
addresses of the municipal agencies which were provided a complete copy of your request for reauthorization,
including all of its attachments, the date such copy was submitted (Date of Service), and the Type of Service
(check one).
Inland Wetlands Agency:
Name: Chairperson Inland Wetlands Agency/Conservation Commission
Address: Town Hall 1540 Sullivan Avenue
City/Town: South Windsor State: CT Zip Code: 06074
Date of Service:
Type of Service: ® First class mail ❑ Certified mail ❑ Hand delivery
Conservation Commission:
Name: same as above
Address:
City/Town: State: Zip Code:
Date of Service:
Type of Service: ❑ First class mail ❑ Certified mail ❑ Hand delivery
Planning Commission:
Name:
Address:
City/Town: State: Zip Code:
Date of Service:
Type of Service: ❑ First class mail ❑ Certified mail ❑ Hand delivery
Zoning Commission:
Name:
Address:
City/Town: State: Zip Code:
Date of Service:
Type of Service: ❑ First class mail ❑ Certified mail ❑ Hand delivery
Combined Planning and Zoning Commission:
Name: Chairperson Planning and Zoning Commission
Address: Town Hall 1540 Sullivan Avenue
City/Town: South Windsor State: CT Zip Code: 06074
Date of Service:
Type of Service: ® First class mail ❑ Certified mail ❑ Hand delivery
❑ Check this box if the agencies of another municipality were served a copy of this request for reauthorization and
attach to this page additional sheets listing the agency names and addresses where a copy of the request was
mailed or delivered,the date of such service and the type of service used.
DEEP-WPMD-REQ-001 Page 6 of 7 Rev.01/17/17
Part IX: Requester Certification
The requester and the individual(s) responsible for actually preparing the request for reauthorization must sign this
part. A request for reauthorization will be considered incomplete unless all required signatures are provided.
"I have personally examined and am familiar with the information submitted in this document and all
attachments thereto, and I certify that based on reasonable investigation, including my inquiry of the
individuals responsible for obtaining the information, the submitted information is true, accurate and complete
to the best of my knowledge and belief.
I certify that this request for reauthorization is on complete and accurate forms as prescribed by the
commissioner without alteration of the text.
I certify that a complete copy of this request for reauthorization, including all documents attached thereto, was
sent by regular or certified mail or was hand delivered to the municipal wetlands agency, zoning commission,
planning commission or combined planning and zoning commission, and conservation commission of each
municipality which is or may be affected by the subject activity.
I understand that a false statement in the submitted information may be punishable as a criminal offense, in
accordance with section 22a-6 of the General Statutes, pursuant to section 53a-157b of the General Statutes,
and in accordance with any other applicable statute."
Signature of Reques er Date
Andrew Douglas Chemical Engineer
Printed Name of Requester Title(if applicable)
Signature of Prepare r Date
Andrew Douglas Chemical Engineer
Printed Name of Preparer Title (if applicable)
❑ Check here if additional signatures are required. If so, please reproduce this sheet and attach signed
copies to this sheet.
Note: Please submit the fee, the original of your Request for Reauthorization form and all supporting documents
to:
CENTRAL PERMIT PROCESSING UNIT
DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION
79 ELM STREET
HARTFORD, CT 06106-5127
One complete copy of your Request for Reauthorization Form and all supporting documents must also be
submitted to each municipal agency listed in Part Vlli of this form.
IMPORTANT: A diversion is authorized under the General Permit for Diversion of Water for Consumptive
Use—Reauthorization(DEEP-WPMD-GP-001) upon receipt, by the commissioner, of a complete,sufficient
Request for Reauthorization and appropriate fee, in accordance with Section 4 of that general permit.
The filing deadline to submit this completed form is ninety(90) days after the effective date of the subject general
permit. Otherwise you must complete forms DEEP-WPMD-REQ-002 or DEEP-WPMD-REQ-003 depending on the
eligibility category.
DEEP-WPMD-REQ-001 Page 7 of 7 Rev.01/17/17
Attachment A
Existing Authorization: General Permit for Diversion of Water for Consumptive Use:
Authorization Required Categories issued March 29, 2007
STATE OF CONNECTICUT
DEPARTMENT OF ENVIRONMENTAL PROTECTION
r�Ares
°ur
NuWay Tobacco Company
P.O.Box 415
East Windsor Hill,CT 06028
Attn: Brian Hart:
Re: Authorization Under the General Permit for Diversion of Water for Consumptive
Use: Authorization Required Categories
Authorization No.: 1)IV-200701761 GP
Eligible Category: Withdrawal of up to 250,000 gpd Bedrock Aquifer
Town: South Windsor,CT
Waters: ground water
Dear Mr.Hart:
Your Request for Authorization Under the General Permit for Diversion of Water for Consumptive
Use dated June 26,2007 and filed with this department on June 28,2007 is hereby approved. The
purpose of the diversion is manufacture reconstituted tobacco sheet. Your request for authorization
is approved pursuant to the provisions of the General Permit for Diversion of Water for Consumptive
Use:Authorization Required Categories(DEP-IWRD-GP-012)("the General Permit")issued March
29,2007 pursuant to Section 22a-378a of the General Statutes.
Please be advised that Section 22a-379 of the General Statutes requires the holder of a water
diversion permit authorizing a consumptive use of waters of the state to pay an annual fee to the
Commissioner of Environmental Protection. The annual fee requirement applies to holders of
individual permits and general permit authorizations. Currently,the annual fee established by
Special Session Public Act No.03-6 for such permits is$750. Each year,the department mails an
invoice for payment to each permit holder. Payment of the invoice is due by July 1".
If you have not already done so,you should contact your local Inland Wetlands Agency and the U.S.
Army Corps of Engineers to determine local and federal permit requirements on your project,if any.
Write the Corps'New England District,Regulatory Branch,696 Virginia Road,Concord,MA
01742-2751 or call(978)318-8335.
If you have any questions concerning this authorization,please contact staff in the Inland Water
Resources Division at(860)424-3019.
Authorized Activity:
NuWay Tobacco(the"permittee")is authorized to divert the waters of the state by withdrawing a
maximum of 0.150 million gallons of groundwater per day from a 212 foot bedrock well drilled in
January, 1968,in accordance with plans entitled"Nuway Tobacco Company Site Plan Waste Water
Permit",dated July 2001,revised through.June 22,2007,prepared by Fuss&ONeil,and other
(Printed on Recycled Paper)
79 Elm Street • Hartford, CT 06106-5127
An Equal Opportunity Employer
t
DIV-20070176IGP
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Page 2 of S
documentation submitted as a part of the request for authorization. This authorization is subject to
the conditions described below.
Permittee's failure to comply with the terms and conditions of this authorization and those of
the general permit shall subject permittee and permittee's contractor(s)to enforcement actions
and penalties as provided by law.
Any permittee authorized for a diversion of water under this general permit shall assure that activities
authorized by the general permit are conducted in accordance with the following conditions:
A.SPECIAL CONDITIONS
None.
B.OPERATING CONDITIONS
(1) Diversion Metering
The permittee shall install a flow meter(s)to measure the total volume of diversion
authorized herein,and shall for the duration of the authorization continuously operate and
maintain such meter(s)in good working order. In the event of meter malfunction or
breakage,the permittee shall repair or replace such meter within 72 hours.
(2) Meter Calibration
The permittee shall test each meter referenced in condition B(1)above every other year,and
calibrate to within two percent accuracy as shown through a post-calibration test. The
permittee shall maintain a record of the accuracy and calibration tests along with supporting
documentation and certifications. The permittee shall make a copy of said records available
to the commissioner or the commissioner's designee immediately upon request.
(3) Inspections
The permittee shall conduct routine inspections of all equipment associated with the
diversion(s)authorized by the general permit. Inspections shall be conducted as necessary to
insure proper operation of all equipment. A log shall be maintained on-site documenting the
date of inspection,inspector's name,verification of operation or critical equipment,and a
summary of any work or change in equipment associated with the diversions authorized by
the general permit.
(4) Daily Diversion Recording
The permittee shall record on a daily basis the quantity of water that is diverted or
transferred,and is metered,pursuant to the general permit. Water diversions shall be
recorded and reported in gallons or thousands of gallons.The daily record shall include all
other pertinent data such as but not limited to the volume of water diverted,exact hours of
operation],the time each day that the meter was read and recorded,and denotation and
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explanation of any instances in which the diversion of water exceeded the authorized
withdrawal limitation(s)specified above. Such record shall be on a form as prescribed by the
commissioner.A copy of the daily.record of withdrawals shall be included in the Annual
Report to the commissioner as required in condition C(3)below.
(5) Long-range Water Conservation Plan
Each permittee that is a water company,as defined in section 25-32a of the Connecticut
General Statutes,and is required by section 25-32d of the Connecticut General Statutes to
submit a water supply plan to the Commissioner of Public Health,shall implement its water
conservation.component of said plan and any subsequent amendments or updates as approved
by section 25-32d of the Connecticut General Statutes. The permittee shall maintain a
summary of all actions taken each year pursuant to the Long-range Water Conservation Plan
and,where practical,a description of the estimated or actual water savings achieved. A copy
of this summary shall be included in the Annual Report to the commissioner as required in
condition C(3)below.
(6) Water Audit
Each water company authorized to divert or transfer herein shall triennially conduct a water
audit of their water distribution system. The water audit shall follow standards and criteria
contained within American Water Works Association's(AWWA)Manual M36 as may be
amended or revised. A copy of all actions taken pursuant to the water audit shall be included
in the Annual Report to the commissioner as required by condition C(3)below.
(7) Leak Detection
Each permittee that is a water company,at any time that the unaccounted-for water,as
calculated pursuant to condition B(6)remains above 15%of total system input,the permittee
shall,in the subsequent year conduct a system-wide,comprehensive leak detection survey of
the water distribution system and repair any leaks found. The leak detection survey shall
follow standards and criteria contained within the AWWA Manual M36 as may be amended
or revised. The permittee shall maintain a record of all actions taken pursuant to the leak
detection survey,including the number of miles of water main surveyed,the survey
techniques and methodology utilized,the number of leaks detected,and the actual repairs
made. A copy of this record shall be included in the Annual.Report to the commissioner as
required by condition C(3)below.
(8) Seasonal Irrigation Restrictions
Irrigation withdrawals authorized under this general permit are restricted to the period of
April 15 through October 31,inclusive.
(9) Pollution Prevention/Best Management Practices
The permittee shall not cause or allow the authorized diversion,including any construction
associated therewith,to result in pollution or other environmental damage and shall employ
DIV-20070176I GP
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best management practices to prevent such damage.The permittee shall,in addition to
employing any other best management practices necessary to prevent such damage,do the
following:
(A) Control Erosion
The permittee shall install and maintain in optimal condition erosion and sedimentation
controls to prevent erosion and discharge of material into any waters of the state,including
wetlands,as a result such diversion or any construction associated therewith. Such controls
shall be installed and maintained in conformity with the Connecticut Guidelines for Soil
Erosion and Sediment Control,as amended,published by the Connecticut Council on Soil
and Water Conservation pursuant to section 22a-328 of the General Statutes.
(B) Golf Courses
For diversions authorized under the general.permit,involving the irrigation of golf courses,
the permittee shall,where applicable,conform with the document entitled Best Management
Practices for Golf Course Water Use,as amended,available from the Department at
ho://www.ct.gov/deL).
(C) Dispose of Excess Material Properly
All excess material and solid waste generated during any construction associated with such
diversion shall be disposed of in accordance with applicable federal,state and local law.
(10) Alteration of Authorized Diversion
In operating the authorized.diversion,the permittee shall not make any alteration,except a de
minimis alteration,to such diversion and shall not make any de minimis alteration without
first obtaining the written approval from the commissioner of such alteration.For the
purposes of the general permit,a de minimis alteration means a change in the design or
operation of the authorized diversion that does not increase its adverse environmental or
other impacts and does not significantly change the quantity or location of water withdrawn.
(11) Contractor Notification
If the authorized diversion will be constructed by a person(s)under contract to the permittee,
the permittee shall(A)give a copy of this general permit and of permittee's approval of
authorization hereunder to such contractor(s)prior to the start of construction,and(B)retain
a written receipt for such copy,signed and dated by such contractor(s).
(12) Notice to Commissioner of Any Changes in Permittee Contact Information
The permittee shall give written notice of any changes in permittee contact information to the
commissioner within two weeks of any such change or modification.
DIV-200701761 GP
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(13) Notice to Commissioner upon Permanent Discontinuance of Diversion
Within two weeks after permanently discontinuing the authorized diversion,the permittee
shall give written notice of same to the commissioner.
(14) Initiation of Diversion
If the permittee does not initiate the authorized diversion within three years after the date of
the applicable approval of authorization,said approval shall be null and void.
(15) Restrictions
The DEP shall have the right to restrict the diversion authorized in this permit at any time the
commissioner determines:
(A) a declared local,regional or state-wide drought advisory,watch,warning or emergency
necessitates curtailment of non-essential water uses,or
(B) the continuation of the diversion would have an adverse effect on wetlands and
watercourses,water quality,fisheries resources,aquatic habitat,or any public or
private water supply well.
C.REPORTING AND RECORD KEEPING REQUIREMENTS
Except as provided in condition C(3)below,or as otherwise specified in writing by the
commissioner,all information required under the general permit shall be retained by the permittee
and be readily available on request.
(1) The permittee shall maintain a copy of the general permit authorization on site at all
times.
(2) The permittee shall retain copies of all records and reports required by the general permit,
and records of all data used to compile these reports for a period of at least fifteen years from
the date such data was generated or report was created whichever is later.
(3) Annual Report
The permittee shall submit by January 30 of each year,for the duration of their authorization,
an Annual Report for the preceding calendar year. Such report shall be certified in
accordance with condition E(4)below and shall contain the following:
(A) A copy of the withdrawal records of daily withdrawals and daily transfers as required
by condition B(4);
(B) A copy of any violation report as required in section D below.
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D.RECORDING AND REPORTING VIOLATIONS
Immediately upon learning of a violation.of a condition of this authorization or of any of the
requirements for authorization of Section 3(b)of the general permit,the permittee shall immediately
take all reasonable action to determine the cause of such violation,correct such violation and
mitigate its results,prevent further such violation,and report in writing such violation and such
corrective action to the commissioner within five(5)calendar days of the permittee learning of such
violation. Such report shall include but not be limited to the following information:
(1) the provision(s)of this authorization that has been violated;
(2) the date and time the violation(s)was first discovered and by whom;
(3) the cause of the violation(s),if known;
(4) if the violation(s)has ceased,the duration of the violation(s)and the exact date(s)and time(s)
it was corrected;
(5) if the violation(s)has not ceased,the anticipated date when it will be corrected;
(6) steps taken and steps planned to prevent a reoccurrence of the violation(s)and the date(s)
such steps were implemented or will be implemented;
(7) the signatures and signed certification statements of the permittee and of the individual(s)
responsible for actually preparing such report.
A copy of this report shall be included in the Annual Report required above.
E.GENERAL CONDITIONS
(1) Reliance on Request for Reauthorization
In evaluating the request for reauthorization,the commissioner has relied on information
provided by the requester.If such information proves to be false or incomplete,the
authorization issued under the general permit may be suspended or revoked in accordance
with law,and the commissioner may take any other legal action provided bylaw.
(2) Duty to Correct and Report Violations
Upon learning of a violation of a condition of this authorization,a permittee shall
immediately take all reasonable action to determine the cause of such violation,convect such
violation and mitigate its results,prevent further such violation,and report in writing such
violation and such corrective action to the commissioner within five(5)days of the
permittee's learning of such violation,as required by section C above. Such report shall be
certified in accordance with condition E(4)below.
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(3) Duty to Provide Information
If the commissioner requests any information pertinent to the authorized activity or to
determine compliance with the general permit,the permittee shall provide such information
in writing within thirty(30)days of such request.Such information shall be certified in
accordance with condition E(4)below.
(4) Certification of Documents
Any document,including but not limited to any notice,which is submitted to the
commissioner under the general permit shall be signed by,as applicable,the registrant or the
permittee in accordance with section 22a-430-3(b)(2)of the Regulations of Connecticut State
Agencies,and by the individual or individuals responsible for actually preparing such
document,each of whom 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 that,based on reasonable investigation,
including my inquiry of those individuals responsible for obtaining the information,the
submitted information is true,accurate and complete to the best of my knowledge and belief
I understand that a false statement made in the submitted information may be punishable as a
criminal offense,in accordance with section 22a-6 of the General Statutes,pursuant to
section 53a-I57b of the General Statutes,and in accordance with any other applicable
statute"
(5) Date of Filing
For purposes of the general permit the date of filing with the commissioner or with any
municipal agency or commission of any document is the date such document is received by
the commissioner,municipal agency or commission,respectively.The word"day"as used in
the general permit means the calendar day;if any date specified in the general permit falls on
a.Saturday,Sunday,or legal holiday,such deadline shall be the next business day thereafter.
(6) False Statements
Any false statement in any information submitted pursuant to the general permit may be
punishable as a criminal offense,in accordance with section 22a-6 of the General Statutes,
pursuant to section 53a-157b of the General Statutes,and in accordance with any other
applicable statute.
(7) Correction of Inaccuracies
Within fifteen(15)days after the date a permittee becomes aware of a change in any of the
information submitted pursuant to the.general permit,becomes aware that any such
information is inaccurate or misleading;or that any relevant information has been omitted,
such permittee shall correct the inaccurate or misleading information or supply the omitted
information in writing to the commissioner. Such information shall be certified in accordance
DIV-20070176IGP
NuWay Tobacco
Page 8 of 8
with condition E(4)above.The provisions of this subsection shall apply both while a request
for authorization is pending and after the commissioner has approved such request.
(8) Transfer of Authorization
An authorization under the general permit is transferable only in accordance with the
provisions of section 22a-6o of the General Statutes and upon payment of a transfer fee of
$750. A transfer of authorization shall not be deemed authorized unless the transfer fee has
been paid in full.
(9) Other Applicable Law
Nothing in the general permit shall relieve the permittee of the obligation to comply with any
other applicable federal,state and local law,including the obligation to obtain any other
lawfully required authorization to construct or maintain the authorized diversion.
(10) Other Rights
The general permit is subject to and does not derogate any present or future rights or powers
of the State of Connecticut and conveys no rights in real or personal property nor any
exclusive privileges,and is subject to all public and private rights and to any federal,state,
and local laws pertinent to the property or activity affected by such general permit.In
conducting any activity authorized hereunder,the permittee may not cause pollution,
impairment,or destruction of the air,water,or other natural resources of this state.The
issuance of the general permit shall not create any presumption that the general permit should
or will be renewed.
This authorization shall expire on March 29,2017.
Dati enise Ruz
Director
Inland Water Resources Division
Attachment B
Compliance and Enforcement History: Applicant Compliance Information Form
•
Connecticut Department of
Energy & Environmental Protection
DEEP ONLY
App,No.
Applicant Compliance Information CoAnd.No.
Applicant Name: Nuway Tobacco Company
Mailing Address: 200 Sullivan Avenue
City/Town: South Windsor State: CT Zip Code: 06074
Business Phone: 860-289-6414 ext.:
Contact Person: Andrew Douglas Phone: 860-289-6414 ext. 215
*E-mail: adouglas@ethicalsolutions.net
If you answer yes to any of the questions below, you must complete the Table of Enforcement Actions on
the reverse side of this sheet as directed in the instructions for your permit application.
A. During the five years immediately preceding submission of this application, has the applicant been
convicted in any jurisdiction of a criminal violation of any environmental law?
❑ Yes ® No
B. During the five years immediately preceding submission of this application, has a civil penalty been
imposed upon the applicant in any state, including Connecticut, or federal judicial proceeding for any
violation of an environmental law?
❑ Yes ® No
C. During the five years immediately preceding submission of this application, has a civil penalty exceeding
five thousand dollars been imposed on the applicant in any state, including Connecticut, or federal
administrative proceeding for any violation of an environmental law?
❑ Yes ® No
D. During the five years immediately preceding submission of this application, has any state, including
Connecticut, or federal court issued any order or entered any judgement to the applicant concerning a
violation of any environmental law?
❑ Yes ® No
E. During the five years immediately preceding submission of this application, has any state, including
Connecticut, or federal administrative agency issued any order to the applicant concerning a violation of
any environmental law?
❑ Yes ® No
DEEP-APP-002 1 of 2 Rev.08/08/11
Table of Enforcement Actions
(�) (2a) (2b) (3) (4) (6)
Type of Action ate Date Case/Docket/
Yp D Jurisdiction Description of Violation
Commenced Terminated Order No.
❑ Check the box if additional sheets are attached. Copies of this form may be duplicated for additional space.
DEEP-AAP-002 2 of 2 Rev.08/08/11
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