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HomeMy WebLinkAboutWell New 201 West Road CONSUMER PROTECTION WELL DRILLING BOARD STATE OF CONNECTICUT PERMIT NUMBER CPR-8 REV.11-02 DEPARTMENT OF CONSUMER PROTECTION 171770 WELL DRILLING PERMIT r 165 CAPITOL AVE.,HARTFORD.CONNECTICUT 06106 LOCATION OF LL flaunt) (Street) (Lot Nember/ DATE 1 -2 OWNER µ WILDER OTHER(Specify) OWNERS ADDRESS IIIUSINESS TEST Est_No.of PROPOSED Z-a;gn�c ❑ 6STARLISHMENT ❑ FARM ❑ WELL People being LGE OF PUIUC Alt served. THR WELL SUPPLY ❑ INDUSTRIAL ❑ CONDITIONING ❑ (OSpecdy) SKETCH OF WELL LOCATION Locate well with 4speci to at least two roads,showing distance from intersection and from of lot Location of lot to o1 bast two toads Well location on tot and to house(if present) Indlaase N«+l, � Approsimob nutter of feel from well to nearest source of possible contamination: The undersigned is aware that upon completion of the well, a "Weil Completion Report" containing construction details and information required under Section 25.131 of the 1969 Supplement to the General Statutes must be sent to the owner, the Board and the Water Resources Commission on the form provided by the Board.This permit is not valid until all information is filled in rind it has been counter-signed by the Director of Health or his agent. gppl (Sij erc) APPItCANT'S ADDRESS REGISTRATION NO. Gn D 2--- BY(Lowe Health Officer or Agent) DATE VED ;0TV S fie- ! � u RETURN THIS COPY TO CONNECTICUT WELL DRILLING BOARD `/Ay 1,7 �C FILE C sr'�TFco`,�r 9j January 13, 1997 fly-ss/04, Mr. Robert Deptula Environmental Health Officer Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Well at 201 West Road Dear Mr . Deptula: Thank you for your letter of December 19, 1996 . It arrived with my Christmas mail . Your quote of Section 19-13-B51f and Sec. 19-13-B51g (a) and (b) shows where I missed compliance. The well in question was installed on the Tuesday after Labor Day because we waited for the driest part of the year and subsequently the lowest ground water elevations . Presently, even my supply pipe i-- underwater . The high ground water and frost makes excavation, difficult and messy. The mess and disturbance would pollute ray water . During a drier period of the year T will have the area around the well casing excavated and propose to install an impervious (plastic) water shield around the outside of the well at that time. I will also use mortar to seal the well tiles and. the hole for the pipe. I will coordinate any work with your office before starting but must delay starting until a more favorable time of year . Sincerely, X4 Kenneth J. Pudeler cc: Well Drilling Board, DCP FILE COPY Clifford McClellan, DPI: SW Health Dept. Dr . Gerald Schwartz, �,W17'.L.d'tT9WN3W.L.TR CPR-9 Rev.7/95 STATE OF CONNECTICUT STATE WELL NO DEPARTMENT OF CONSUMER PROTECTION REAL ESTATE&PROFESSIONAL TRADES DIVISION OTHER NO. WELL DRILLING COMPLETION REPORT 165 Capitol Avenue,Hartford,Connecticut 06106 OWNER NAME ADDRESS KEN PI10F ,W ,R L Fly, / FR �"� T 1�1 ST M �' , T LOCATION (No.&Street) (Town) (Lot Number) OF WELL 201 WEST RD A 8O r. CT } a DOMESTIC BUSINEa ESTABLISHMENT FARM a WELL ST PROPOSED USE OF WELL El SPUBLIC UPPLY INDUSTRIAL OTHER CONDITIONING (Specify) DRILLING ROTARY COMPRESSED CABLE OTHER EQUIPMENT E AIR PERCUSSION PERCUSSION (Specify) CASING LENGT7(feet) NAMETER(inches) WEIGHT PER FOOT DRIVE SHOE WAS CASING GROUTED? DETAILS THREADED WELDED i YES ❑ NO 1:1 YES ❑ NO YIELD TEST FJ BAILED F—] PUMPED COMPRESSED AIR HOURS YIELD(GPM) li WATER MEASURE FROM LAND SURFACE-STATIC(Specify feet) DURING YIELD TEST(feet) Depth of Completed Welrineet LEVEL _ 30a ..3CJ5 MAKE LENGTH OPEN TO AQUIFER(feet) SCREEN DETAILS SLOT SIZE DIAMETER(inches) IF GRAVEL Diameter of well GRAVEL SIZE(inches) FROM(feet) TO(feet) PACKED: including gravel pack (inches) DEPTH FROM LAND TO SURFACE FORMATION DESCRIPTION Sketch exact location of well with distances,to at least two FEET TO FEET permanent landmarks a 105 Sand & Clav If yield was tested at different depths during drilling,list below FEET GALLONS PER MINUTE DATE WELL COMPLETED MIT N0. REGISTRATION N0. DATE OF REPORT WELL DRILLER Signature) 1C3f 6f >' . vG cslr fr�r ff le - P]FPT-OF FNVIR(9NUFNTAI PRf1T1=PTI 1N..iEt A TF:C1 Q=Qril Imtbr-e PERMIT NUMBER CPR-8 Rev.7/95 182056 I QQ�O J v G C STATE OF CONNECTICUT L DEPARTMENT OF CONSUMER PROTECTION REAL ESTATE&PROFESSIONAL TRADES DIVISION WELL DRILLING PERMIT 165 Capitol Avenue,Hartford, nae ticut 6106 LOCATION OF WELL frown) (Strew) (Lot Number) DATE =aj 0/ OWNE WELL NDIVIDUAL ❑ BUILDER OTHER(Specify) OWNER'S ADDRESS AY-12 Est No.of PROPOSED MESTIC BUSINESS El FARM TEST People being USE OF ESTABLISHMENT WELL served. WELL SUPPLY a INDUSTRIAL AIR CONDITIONING (STHER) " SKETCH OF WELL LOCATION Locate well with respect to at least two roads,showing distance fg6m intersectio—nViridJaLnt of lot location of lot to at least two roads• ell location on to and to resent Indicate No 1h t `r 14 Approximate number of feet from well to nearest source of possible contamination: The undersigned is aware that upon completion he well,a"Nell Completion Report"containing construction details and information required under Section 25-131 of the 1969 Supplement to the General Statutes must be sent to the owner,the Department of Consumer Protection and the Water Resources Commission on the form provided by the agency. This permit is not valid until all information is filled in and it has been counter-signed by irector of Health or his agent. AP ICA (Signature) APPLICANTS ADDRESS //�-- REGISTRATION NO. !.� 1� 1,44 Y ealth Othaer or Agent) DA PROVED ❑ R TED REMARKS RETURN THIS COPY TO DEPARTMENT OF CONSUMER PROTECTION CPR-9 Rev.7/95 Do NQT�FFn _ STATE OF CONNECTICUT STATE WELL NO. DEPARTMENT OF CONSUMER PROTECTION REAL ESTATE&PROFESSIONAL TRADES DIVISION � WELL DRILLING COMPLETION REPORT OTHER NO. ~ ` 165 Capitol Avenue,Hartford,Connecticut 06106 OWNER NAME ADDRESS J. LOCATION (No.&Street) (Town) (Lot Number) OF WELL ;,01 /a rtlfl�r lri}rt Shcr� DOMESTIC BUSINESS ESTABLISHMENT a FARM W PROPOSED WELL USE OF WELL a PUBLIC ❑ INDUSTRIAL AIR OTHER SUPPLY CONDITIONING (Specify) DRILLING Q ROTARY COMPRESSED CABLE OTHER EQUIPMENT AIR PERCUSSION PERCUSSION � (Specify) CASING LENGTH(feet) DIAMETER(inches) WEIGHT PER FOOT DRIVE SHOE WAS CASING GROUTED? DETAILS is THREADED ❑ WELDED ❑ YES I�NO Or YES ❑ NO YIELD TEST a BAILED PUMPED COMPRESSED AIR HOURS YIELD(GPM) ,LEVEL MEASURE FROM LAND SURFACE-STATIC(Specify feet) DURING YIELD TEST( � Depth of Completed Well feet 57 /� MAKE SCREEN LENGTH OPEN TO AQUIFER(feet) DETAILS SLOT SIZE DIAMETER(inches) IF GRAVEL Diameter of well GRAVEL SIZE(inches) FROM(feet) TO(feet) PACKED: including gravel pack (inches) we DEPTH FROM LAND TO SURFACE FORMATION DESCRIPTION Sketch exact location of well with distances,to at least two FEET TO FEET permanent landmarks our, I' eI/ d f I If yield was tested at different depths during drilling,list below FEET GALLONS PER MINUTE DAT WELL COMPLETED PERMIT NO. REGISTRATION NO. =77f EPORT WF{ DRILLER,(Sig lure DEPT.OF FNVIRnMfiAI:kI1rA1 ®o/%1rcf%rif%&i_1kA#ATCC9�scc+rmo ann ee December 9, 1997 Matthew B. Galliq_an Town Manager Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 Re : Well at 201 West Road Dear Mr . Gallician : We are happy to receive our C.O. and Release. The work necessary to achieve those items allow you some assurance that we are and have been ethical members of this community concerned about the general (as well as personal ) health, safety and welfare. We have spent a year and a half with the town concerning the "approved source" of our drinking water . Not whether it was safe or whether it was adequate as we had numerous tests showing it was, but as to whether it was an "approved source" . In the end, we paid to have it dug up and reconstructed, and with all this the town never witnessed the construction or reconstruction. All that matters at this point is they are now placated. Sincerely, Kenneth & Andrea Pudeler C�.WF'.L;�.towramTr.LTR - t - 1 1 997 of s.dsor r Cr � „ 't ENVIROTEcH LABORATORY TESTING & CONSULTING 77 COOK HILL ROAD • WINDSOR, CONNECTICUT 06095 MARYELLEN OiLUZ10 TELEPHONE (209) 688-7249 November 26s 1997 Kenn+eth Pudailer 201 West Rd. S. Windsor, Ct. 06074 , Dear Sir; , We have the fallowing to report on the;,sampl.es submitted to this laboratory on November 24, 1997. Sample Number 3944.1 .. Mark% water saeple collected 1If23l97"by Kenneth- P'udeler from Lot No. .,., 201 West Rd. 9 S. jWiiidsibr s C•t ' r '.Resultsa¢ mg/L ; . CL.F mg/L ' ,;, 3 ; no MCL Odom one ' 1 ML noTurbidity 0 r Color no 14CL PH c►;- - -- - 6.54 }::,- -;.r��,. _:i � ,: no MCL Nitritw 'Nitroge» < 70.001 :9 Nitrate 1Vi :rcrgen -< -16:00 10.0 Chloride. (as Cl) 250 Hardness (as CaCO3). . . �.., t3 w no MCL . , -n _. ,-. ]too I r.o h (as Fe) _ i 0.05 MCLs.». Mangenese 0.02 no MCL Sodium _ 3.3 ,:Pea .MCL SuI1`at ` . 1.0.5 no MCL .BACTER I OLOG I CAL €X 04M I NAT I ON Number of Co l iform Bacteria � x per l oo mLs (membrane f i s t er '0 "' d 0 All parameters analyzed are`below Maximum C*ntam1naa.t ion Levels (MCLPs) for potable ouster-. •=-Jf there are :any questions we would be pleased to discuss them with you. Very truly yours, ' ro`Ceifi "Laboratory IM4 ryel loin Di u o PHO464 a Pl--O514 cc: one enclosed CPR-9 Rev.7/95 Do NOT fill in STATE OFCONNECTICUT STATE WELL NO. DEPARTMENT OF CONSUMER PROTECTION REAL ESTATE&PROFESSIONAL TRADES DIVISION OTHER NO. WELL DRILLING COMPLETION REPORT 165 Capitol Avenue,Hartford,Connecticut 06106 OWNER NAME ADDRESS LOCATION (No.8Street) (Town) (Lot Number) OF WELL PROPOSED ® DOMESTIC � ESTABLISHMENT BUSINESS FARM VVE L USE OF WELL a SPUBLIC 1:1 UPPLY INDUSTRIAL 1:1 AIR CONDITIONING OTHER (Specify) DRILLING ROTARY a AIR PERCUSSION EQUIPMENT PERCUSSION Fx1 (Specify) [ J CASING LENGTH(feet) DIAMETER(inches) WEIGHT PER FOOT DR SHOE WA ASING GROUTED? DETAILS THREADED WELDED IVE -� `,;�� ❑ YES � NO YES ❑ NO YIELD TEST a BAILED PUMPED COMPRESSED AIR HOURS YIELD(GPM) WATER MEASURE FROM LAND SURFACE-STATIC(Specify feel) DURING YIELD TEST(feet) Depth of Completed Well in feet LEVEL f MAKE LENGTH OPEN TO AQUIFER(feet) SCREEN DETAILS SLOT SIZE DIAMETER(inches) IF GRAVEL Diameter of well GRAVEL SIZE(inches) FROM(feet) TO(feet) PACKED: including gravel pack (inches) DEPTH FROM LAND TO SURFACE FORMATION DESCRIPTION Sketch exact location of well with distances,to at least two FEET TO FEET permanent landmarks l If yield was tested at different depths during drilling,list below FEET GALLONS PER MINUTE DATE WELL COMPLETED PERMIT NO. REGISTRATION NO. DATE OF REPORT WELL DRILLER(Signature) f LOCAL DIRECTOR OF HEALTH STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION July 9, 1997 Robert Deptula Environmental Health Officer Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Contractor: Kenneth Pudeler Location of Property: 210 West Road South Windsor, Connecticut Date of Work: September 1996 Dear Mr. Deptula: Please be advised that a hearing has been scheduled before the State Plumbing and Piping Work Examining Board on September 25. 1997 concerning your complaint against Kenneth Pudeler. Your testimony will be needed at the hearing. Please let me know if he has a problem attending the hearing. The hearing will take place at 10:00 a.m. in Room 117, State Office Building, 165 Capitol Avenue, Hartford, Connecticut. Very truly yours, Michael D. Spagnoli Administrative Hearings Attorney II (860) 566-5385 MDS:gt 165 Capitol Avenue,Hartford, Connecticut 06106-1630 �� ) Fax:(860)566-7630 • TDD:(860)566-1547 An Affirmative Action/Equal Opportunity Employer i i i t { - STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION July 9, 1997 Robert Deptula Environmental Health Officer Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Contractor: Kenneth Pudeler Location of Property: 210 West Road South Windsor, Connecticut Date of Work: September 1996 Dear Mr. Deptula: Please be advised that a hearing has been scheduled before the State Plumbing and Piping Work Examining Board on September 25, 1997 concerning your complaint against Kenneth Pudeler. Your testimony will be needed at the hearing. Please let me know if he has a problem attending the hearing. The hearing will take place at 10:00 a.m. in Room 117, State Office Building, 165 Capitol Avenue, Hartford, Connecticut. Very truly yours, ot000ll Michael D. Spagnoli Administrative Hearings Attorney II (860) 566-5385 MDS:gt 165 Capitol Avenue,Hartford,Connecticut 06106-1630 Fax:(860)566-7630 0 TDD:(860)566-1547 An Affirmative Action/Equal Opportunity Employer ENViROTECH LABORATORY TESTING & CONSULTING 77 COOK HILL ROAD • WINDSOR, CONNECTICUT 06095 MARYELLEN DiLUZ10 TELEPHONE (203) 688-7249 November 26, 1997 Kem,&Lh Pud,:!Ier 201 Wc_•ty v Rd .. S. Windsor . Ct. 06074 Dear- Sir ; we t-'i-rv :a t1te -fo1lo"ving to ,-ept i- t on LI-m :iair+pleq -;z mbmitted -to this laboratory on Novembev F.4, 1997. Same l e Number-: 39441 Ma.r-':,; wat,v.r- 5ample trek 3 ler_ted 1 1/ 3..,qr; by th Pudeler- from Lest No. -9 201 West Ltd. , S. Windsor , Ct. Results!. trig/i_ j4CL, mg f f__ 0doi none no t'CL. Turbidity 0 no s tCL CCo}.ut` - U r,o `fC.L. PH 6.54 no Mcu Ni t3- i to Nitrogen < 0..00i 1 .0 Nitrate 'Ni era tex < 1 .DC+ ic�,'� Chlari.d;e :ate CI ) 8 2'J Hardness :au CaCO3) O no MC:L Iron (as. Fe) 0.05 no 110_ hangenese 0.02 no MC'-. Sodium 3.3 no MC L Sulfate 10.5 no 1y1CL BACTERIOLOGICAL EXAMINATION Number of Co 1 i fr rm Bacteria per 100 tr Ls (membraria f i i ter v All parameters arialy2ed are below Maximum Cortafaiinati :fn Leveler (NCL.'s) for potaole water . If ttvere xi+-ea '•.ny questions we would he pl.eat,ed to them vtith y*u. �GtrC.� C /'��i'tiI '40C. �Jt�r y truly �v�1<i a E:ry i rc-Te+_:h Laboratory r;feiif?n DiLu io FH0464, PHi i514 cc% one enclosed PHYSICAL PARAMETERS ODOR; MCL = none, recommended < 2 - Scale 0 = none, 1 = very faint, 2 = faint, 3 = distinct. 4 = decided. 5 = strong. Good well water should be free of odor. TURBIDITY; MCL = none, recommended < 5 - A measure of Particles in the water, usually indicates iron. PH; MCL = none, recommended 6.4 - 10.0 - pH ranges from 0 - 14. A pH of 7 is neutral , < 7 is acidic, > 7 is basic. A pH less than 6.4 is considered acidic and may be corrosive to pipinq. COLOR; MCL = none, recommended < 15 - High color usually indicates the presence of iron. INORGANIC PARAMETERS NIRITE NITROGEN; MCL 1.0 mq/L - An intermediate breakdown Product of organic matter. See nitrate comment. NITRATE NITROGEN; MCL 10.0 mq/L - The final completely oxidized staqe of nitroqen. Levels above 10 are known to be harmful to infants. Pregnant/nursinq mothers and parents of infants should consult with a physican. CHLORIDE; MCL 250 mq/L - .The non-metallic portion of common salt. Levels above 50 mq/L may indicate undesirably hiqh sodium levels and it also may appreciably increase corrosion rates. Levels above 250 mq/L inpart a salty taste noticeable to most people. HARDNESS; MCL none - A measure of the total calcium and maqnesium in water. Waters over 100 mq/L are described as hard and levels over 250 mq/L are considered very hard. The effect of hardness is to increase the amount of soap necessary to form suds with water. Hiqh levels may also increase scalinq on the inside of water pipes. IRON; MCL none - Above 0.3 mq/L iron may cause staininq to laundry and fixtures. Iron is naturally occurrinq water mineral due to the geology of the area. MANGENESE; MCL none - Above 0.05 mq/L mangense may cause staininq to laundry and fixtures. See iron comment SULFATE; MCL none - A naturally occuring substance in water, levels above 250 mq/L may inpart a bitter taste and render a laxative effect. SODIUM; MCL none - A notification level of 28 mq/L has been established for people on low salt diets, hiqh levels may increase the corrosive effect. ORGANIC CHEMICALS VOLATILE ORGANIC CHEMICALS (VOC) - see report for a listinq of the individual chemical MCL. VOC's are a qas chro- matographic scan of 58 compounds. This list was de- termined by the Cannet-icut_ State_Department of Health. These compounds include some of the more commonly found ground water contaminates. "Ns S fq< _ 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 so ,ca AREA CODE 860/644-2511 September 25, 1996 CERTIFIED #P259190365 Kenneth J. & Andrea L. Pudeler 201 West Road South Windsor, CT 06074 Dear Mr. & Mrs . Pudeler: It has come to the attention of this Department that a dug well has been constructed on your property at 201 West Road, South Windsor. Please be advised that the Department of Consumer Protection, Well Drilling Board Rules and Regulations state in part that no well shall be constructed without the properly signed permits . The State Health code states that a new well shall be disinfected and tested for bacterial and other parameters before use. No permit for construction or approval for use has been issued by this Department. Please contact this Department at 644-2511 ext. 248 to discuss this situation. Sincerely, Robert Deptu a Environmental Health Officer RD:dr cc: John Collins, Chief Building Official _ Jeff Folger, Zoning/Wetland Enforcement Officer .. `J..i OWN SE•y.. O - 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 sO C0`' AREA CODE 860/644-2511 September 25, 1996 CERTIFIED #P259190365 Kenneth J. & Andrea L. Pudeler 201 West Road South Windsor, CT 06074 Dear Mr. & Mrs . Pudeler: It has come to the attention of this Department that a dug well has been constructed on your property at 201 West Road, South Windsor. Please be advised that the Department of Consumer Protection, Well Drilling Board Rules and Regulations state in part that no well shall be constructed without the properly signed permits . The State Health code states that a new well shall be disinfected and tested for bacterial and other parameters before use. No permit for construction or approval for use has been issued by this Department. Please contact this Department at 644-2511 ext. 248 to discuss this situation. Sincerely, 2t�{w-� Robert Depfula Environmental Health Officer RD:dr cc: John Collins, Chief Building Official _ Jeff Folger, Zoning/Wetland Enforcement Officer ENPIROTECH LABORATORY TESTING & CONSULTING 77 COOK HILL ROAD . WINDSOR. CONNECTICUT.06095 TELEPHONE MARYELLEN DiLUZ10 (203) 688-7249 October 21 , 1996 Kenneth Pudeler 201 West Rd. S. Windsor , Ct. 06074 Dear Sir; We have the following to report on the sample submitted to this laboratory on October 11 , 1996. Sample number: 36677 Mark: water sample collected 10/11/96 by, Kenneth Pudeler from Lot No . -, 201 West Rd. , S. Windsor , Ct. Odor faint Turbidity 0 Standard Units pH 6.79 Alkalinity (as CaCO3) 112 mg/L Color 0 mg/L Nitrite nitrogen < 0.001 mg/L Nitrate nitrogen < 1 .00 mg/L Chloride (as Cl) 18 mg/L Hardness (as CaCO3) 124 mg/L Iron (as Fe) 0.245 mg/L Ethylene 0ibromide < 0.01 ug/L none detected BIOLOGICAL EXAMINATION Number of Coliform Bacteria per 100 mLs (membrane f i 1 ter ) 0 Eased on the above parameters this water- is classified safe for drinking. If there are any questions we mould be pleased to discuss them with you. Very truly yours, EnviroTech Laboratory ) �' Maryel Y� len DiLut3o PH0464 cc: one enclosed PUDELER ENGINEERING Civil Engineering • Land Surveying 201 West Road, South Windsor, CT 06074-1928 Phone: (860) 610-0001 Fax: (860) 282-7726 October 22, 1996 Building Department Town of South Windsor Town Hall South Windsor, CT 06074 Re: 201 West Road Dear Sir : Please find attached a Well Test Report on the water taken from my kitchen tap on October 11, 1996 . The test indicates that my present wellwater is fit to drink . Please inform me of the status of the well permit for this well . Very truly yours, C� Kenneth J. Pudeler, P.E. , L . S. C\WD\LS\P6Z9W.ltr 1 j ASpy1N SF4( x 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 �r�oson•co��� AREA CODE 860/644-2511 November 6, 1996 CERTIFIED#P462497762 Kenneth J. and Andrea L. Pudeler 201 West Road South Windsor, CT 06074 Dear Mr. &Mrs. Pudeler: This letter is written as a follow-up to our meeting at your property on 201 West Road on September 30, 1996 and as response to your letter to the Building Department dated 10/22/96 (with attached laboratory analysis of the well water). As discussed, the Department of Consumer Protection, Well Drilling Board Rules and Regulations state in part that no well shall be constructed without the properly signed permits. These permit forms are given from the Board only to licensed, registered well drillers. After completion of the well, the well driller submits a completion report to the local Health Department attesting to the wells construction. As of this writing no well permit has been approved by this Department for your dug well. The Sate Health code specifies in detail how a dug well shall be constructed The construction of your well as described by Mr. Pudeler does not meet those criteria. The quality of the water taken from this well is immaterial at this point, since it was collected from a non-approved source. Water from a non-approved source cannot be used to serve a residential dwelling. It is this Department's understanding that you are operating a business from your home. Employees and clients must not be exposed to this water supply either. This Department does not believe that the certificate of occupancy will be issued by the Building Department for this structure without an approved water source. R Kenneth J. and Andrea L. Pudeler November 6, 1996 Page 2 The Town must take whatever actions may be necessary to protect residents, employees and clients who may visit you. This situation must be corrected by 11/30/96, if it is not corrected by this date, legal orders from the Health Department will be forthcoming. This matter will also be referred to the Town Attorney. If you have any questions, please contact me at 644-2511 ext. 248. Robert Deptula Environmental Health Officer RD:dr cc: Jeff Folger, Zoning Enforcement Officer John Collins, Chief Building Official Attorney Barry Guliano, Town Attorney Matthew B. Galligan,Town Manager i s 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 SOR•CO�'�w AREA CODE 860/644-2511 December 19, 1996 CERTIFIED #P259190371 Mr. Kenneth J. and Andrea L. Pudeler 201 West Road South Windsor, CT 06074 Dear Mr. &Mrs. Pudeler: To preclude to issuance of an order from this Department, certain criteria must be met concerning your well. These criteria were outlined to you in previous correspondence date 11/16/96 (certified# P462497762). A permit must be obtained by a Connecticut licensed Well Driller and approved by this Department The well construction must be per the Public Health Code of the State of Connecticut These regulations follow as part of this correspondence. "Sec. 19-13-B51f. Method of construction of wells. (b)Dug well. The casing or sidewalls of a dug well shall be constructed of watertight concrete at least four inches thick to a depth of at least ten feet below the ground surface. Below the depth of the watertight casing, loosely laid stone, concrete block, brick or other materials approved by the commissioner of health may be used. The annular space between the face of the excavation and the watertight section of casing shall be filled with clean clay or other impervious material." "Sec. 19-13-B51g. Well cover. (a)The cover of the dug well shall be made of substantial reinforced concrete at least four inches thick. Other material approved by the commissioner of health may be used It shall be of sufficient diameter to overlap the casing or side walls by at least two inches. A tight joint shall be provided between the casing and cover. If a pump is set on the slab, the top of the slab shall be sloped to drain away from the pump or drop pipe sleeve." J ' Kenneth J. and Andrea L. Pudeler December 12, 1996 Page 2 "(b)A manhole shall be installed if the cover slab cannot be readily removed, and such manhole shall be provided with a curb extending at least two inches above the slab and equipped with a watertight overlapping cover. The manhole cover shall be locked or bolted in place in such manner as to prevent tampering or shall be located in a locked housing." Please inform this Department within fifteen days of receipt of this correspondence whether or not you intend to comply with these regulations. f --0/1� ®.eat Robert Deptula Environmental Health Officer RD:dr cc: Jeff Folger, Zoning Enforcement Officer John Collins, Chief Building Official Barry Guliano,Town Attorney Matthew B.Galligan, Town Manager tOW N Sf� O � . V m 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR CO�c AREA CODE 860/644-2511 January 9, 1997 Department of Consumer Protection Well Drilling Board 165 Capitol Avenue Hartford, CT 06106 To Whom it may concern: This is to inform the Board that a resident(Mr. Kenneth Pudeler, 201 West Road, South Windsor, CT 06074) has installed a shallow drinking water well on the above mentioned property to serve his residence. Mr. Pudeler also operates a small business from his home so that the supply may be used by employees or the public. Mr. Pudeler is not a licensed well driller nor was any permit issued to construct this well. If you have any questions, please call me at 644-2511 ext. 248. Thank you. Robert Deptula Environmental Health Office RD:dr cc: Jeff Folger, Zoning Enforcement Officer John Collins, Chief Building Official Barry Guliano, Town Attorney Matthew Galligan, Town Manager Mr. Kenneth Pudeler January 13, 1997 Mr . Robert Deptula Environmental Health Officer Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re : Well at 201 West Road Dear Mr . Deptula: Thank you for your letter of December 19, 1996 . It arrived with my Christmas mail . Your quote of Section 19-13-B51f and Sec . 19-13-B51g (a) and (b) shows where I missed compliance. The well in question was installed on the Tuesday after Labor Day because we waited for the driest part of the year and subsequently the lowest ground water elevations . Presently, even my supply pipe is underwater . The high ground water and frost makes excavation difficult and messy. The mess and disturbance would pollute my water . During a drier period of the year I will have the area around the well casing excavated and propose to install an impervious (plastic ) water shield around the outside of the well at that time. I will also use mortar to seal the well tiles and the hole for the pipe . I will coordinate any work with your office before starting but must delay starting until a more favorable time of year . Sincerely, Kenneth J. Pudeler cc : Well Drilling Board, DCP Clifford McClellan, DPH Dr . Gerald Schwartz, SW Health Dept . C\WD\L5\TOURdSW.LTR January 13, 1997 Mr . Robert Deptula Environmental Health Officer Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re : Well at 201 West Road Dear Mr . Deptula : Thank you for your letter of December 19 , 1996 . It arrived with my Christmas mail . Your quote of Section 19-13-B51f and Sec . 19-13-B51q ( a ) and (b) shows where I missed compliance . The well in question was installed on the Tuesday after Labor Day because we waited for the driest part of the year and subsequently the lowest ground water elevations . Presently, even my supply pipe is underwater . The high ground water and frost makes excavation difficult and messy. The mess and disturbance would pollute my water . During a drier period of the year I will have the area around the well casing excavated and propose to install an impervious ( plastic ) water shield around the outside of the well at that time . I will also use mortar to seal the well tiles and the hole for the pipe . I will coordinate any work with your office before starting but must delay starting until a more favorable time of year . Sincerely, Kenneth J . Pudeler cc : Well Drilling Board, DCP Clifford McClellan, DPH Dr . Gerald Schwartz, SW Health Dept . •(OVIN 3fq4 y 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 sox•co AREA CODE 860/644-2511 January 24, 1997 CERTIFIED #P462497774 Kenneth J. &Andrea L. Pudeler 201 West Road South Windsor, CT 06074 Dear Mr. &Mrs. Pudeler: This Department is in receipt of your correspondence dated January 13, 1997. You were made aware of deficiencies associated with your shallow well beginning on September 25, 1996, especially the permit requirement correspondence dated September 25, 1996) and partial construction requirements (meeting at your property on September 30, 1996). These notifications allowed an ample time frame to complete the permit process and construction phase before any high ground water and frost could interfere with proper reconstruction. A drier period of the year typically will be June(possible)July, August, September of 1997. This is an unacceptable time frame to resolve this issue, it must be connected much sooner. Please be advised that this office will not observe or endorse any work associated with the well unless a proper well permit(State of Connecticut, Department of Consumer Protection, Well Drilling Permit) has been signed by this Department. All construction must conform with Health Code regulations including submission of a completion report and disinfection of the well. M ' Kenneth J. &Andrea L. Pudeler January 24, 1997 Page 2 Please inform this Department as to whether or not you plan to initiate corrective actions within ten days from receipt of the correspondence. Failure to do so will result in the issuance of orders from the Director of Health. Robert Deptula Environmental Health Officer RD:dr cc: Jeff Folger, Zoning Enforcement Officer John Collins, Chief Building Official Barry Guliano,Town Attorney Matthew Galligan, Town Manager Mr. Cliff McCleelan Division of Environmental Health 450 Capitol Avenue, 1st floor P.O. Box 340308 MS# 51WAT Hartford, CT 06134-0308 Department of Consumer Protection Well Drilling Board 165 Capitol Avenue Hartford, CT 06106 S- TATE OF CONNECTICUT _. DEPARTMENT OF CONSUMER PROTECTION REAL ESTATE AND-OROFESSIONAL TRADES DIVISION January 27, 1997 RE: Water Supply and Non-Water Supply Wells All wells drilled or altered, both water supply and non-water supply, require a permit and completion report forms supplied by the Department of Consumer Protection. The permit must be filled out and signed by a contractor for such work to be performed. Such work on all wells for water supply and non-water supply that are repaired, deepened, surged, yield tested, re-bored or drilled, hydrofractured, grouted, or altered in any manner after completion shall require a permit and completion report forms. The signing of the permit form by the local director of health is required only for water supply wells. Some local health directors may not require the signing of permit forms for certain alterations made after the installation of such well. Please check with the local health office. However, in all cases the copies of all permits and completion report forms shall be sent to the appropriate persons or agencies as stated at the bottom of such permit and completion report forms within sixty days of the completion of the drilling or alteration of any well. Well Drilling Contractors only may sign and submit the forms. On any site where well drilling or any alterations are being performed on water supply and non'-water supply wells, a registered contractor or a registered driller is required to be present on the site at all times. If you should have any questions or concerns please do not hesitate to contact me at (860) 566-3290. Richard M. Hurlburt Assistant Director RMH:lk 165 Capitol Avenue, Hartford,Connecticut 06106-1630 Fax:(860)566-7630 • TDD: (860)566-1547 An Affirmative Action/Equal Opportunity Employer STATE OF .- C,.Q. NNECTICUT DEPARTMENT OF CONSUMER PROTECTION REAL,ESTATE AND PROFESSIONAL TRADES DIVISION ;January 27, 1997 RE: Water Supply and Non-Water Supply Wells All wells drilled or altered, both water supply and non-water supply, require a permit and completion report forms supplied by the Department of Consumer Protection. The permit must be filled out and signed by a contractor for such work to be performed. Such work on all wells for water supply and non-water supply that are repaired, deepened, surged, yield tested, re-bored or drilled, hydrofractured, grouted, or altered in any manner after completion shall require a permit and completion report forms. The signing of the permit form by the local director of health is required only for water supply wells. Some local health directors may not require the signing of permit forms for certain alterations made after the installation of such well. Please check with the local health office. However, in all cases the copies of all permits and completion report forms shall be sent to the appropriate persons or agencies as stated at the bottom of such permit and completion report forms within sixty days of the completion of the drilling or alteration of any well. Well Drilling Contractors only may sign and submit the forms. On any site where well drilling or any alterations are being performed on water supply and non-water supply wells, a registered contractor or a registered driller is required to be present on the site at all times. If you should have any questions or concerns please do not hesitate to contact me at (860) 566-3290. Richard M. Hurlburt Assistant Director RMH:lk 165 Capitol Avenue,Hartford,Connecticut 06106-1630 Fax: (860)566-7630• TDD:(860)566-1547 An Affirmative Action/Equal Opportunity Employer �a�v STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION 1/31/97 ROBERT DEPTULA 1540 SULLIVAN AVE SOUTH WINDSOR CT 06074-0000 FILE #: 9700613 Dear ROBERT DEPTULA: I wish to acknowledge receipt of your recent complaint and thank you for thinking of this Department in connection with this matter. The Complaint Center has reviewed your file and has determined your case would be best addressed by the Department's Fraud Division. I have been assigned your complaint and a course of action will be determined after consultation with my supervisor. Please be advised that the Fraud Division has many cases under investigation and your patience is appreciated. I will contact you regarding your complaint. In the meantime, if you still need additional information or advice please contact me at (860) 566-1875 . Sincerely, ED COLLINS occupational Lice in nspector Fraud Division cc: Fraud Division 165 Capitol Avenue, Hartford, Connecticut 06106-1630 Fax:(860)566-7630 • TDD:(860)566-1547 An Affirmative Action/Equal Opportunity Employer S Q.NN se44 - Tiown 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �ftipSOR.ca��� AREA CODE 860/644-2511 January 31, 1997 CERTIFIED MAIL Kenneth J. Pudeler 201 West Road South Windsor, CT 06074 Dear Mr. Pudeler: Re: App196-70P, Major Home Occupation Permit We regret to advise you that the Planning & Zoning Commission voted on January 28, 1997 to deny the above-referenced application. The Commission stated the following denial reasons: 1. The water supply which is being used from the dug well has not been approved by the Health Officer. 2. The premises are being occupied without a Certificate of Occupancy. Very truly yours, - A ING & Z NING OanMMISSION e6Ahasell G RGL/pmm cc: Chief Building Official Town Engineer Assessor Town Sanitarian �� SOW N Sf4 z 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 SOR-CO�`�� AREA CODE 860/644-2511 April 15, 1997 SENT BY CERTIFIED MAIL AND REGULAR MAIL POSTAGE PREPAID- ALSO SERVICE BY SHERIFF CERTIFIED #P462497794 Kenneth J. &Andrea L. Pudeler 201 West Road South Windsor, CT 06074 You are hereby notified of the existence of a public health law violation upon the premises owned by you, located at 201 West Road in the Town of South Windsor and described as follows: The use of a water supply well not in compliance with the public health code. LAW VIOLATIONS: The Public Health code of the State of Connecticut and other Department Regulations: sections 19-13-1351f(b); 19-13-B51g (a), 19-13-1351g (b), 19-13-B51k(b); 19-13-B511(a), copies of which are attached hereto and made part hereof. AUTHORITY: Connecticut General Statutes sections 19a-206; 19a-207 PENALTY: You may be subject to penalties under Connecticut General Statutes sections 19a-36 (a), 19a-206 ; 19a-230. APPEAL: Connecticut General Statutes section (s) 19a-229, "Any person aggrieved by an order issued by a town, city or borough director of health may, within forty-eight hours after the making of such order, appeal to the commissioner of public health, who shall thereupon immediately notify the authority from whose order the appeal was taken, and examine into the merits of such case, and may vacate, modify or affirm such order." (NOTE: The appeal to the commissioner must be delivered by hand or by mail to the office of the commissioner within the forty-eight hours or a telephone call must be made to the office of the commissioner within the forty-eight hours with notification of the intent to appeal, followed up by a letter of appeal.); and the "Procedural Rules Section 19-2a-34 Appeals" a copy of which is attached and made a part hereof shall be applicable in this matter. _ - Kenneth J. &Andrea L. Pudeler April 15, 1997 CERTIFIED #P462497794 Page 2 It is hereby ordered that the said violation be removed, abated, or otherwise corrected on or before the 30th day of April 1997. el Gerald L. Schwartz, M.D. Director of Health For the Town of South Windsor cc: Jeff Folger, Zoning Enforcement Officer John Collins, Chief Building Official Barry Guliano,Town-Attorney . Matthew Galligan, Town Manager Cliff McClellan Division of Environmental Mental Health 450 Capitol Avenue MS#51 WAT P.O. Box 340308 Hartford, CT 06134-0308 Edward Collins Department of Consumer Protection OCC. LIC. Insp. B.T. 165 Capitol Avenue Hartford, CT 06106 I 203-892-9159 FARP GS3 P02 STATE OF CONNECTICUT DEPARTMENT OF PUBLIC HEALTH ADJUDICATIONS OFFICE � n � CERTIFIED MAIL #P265 403 070 April 23, 1997 w ir l�AY p 21997 Gerald Schwartz, M Director of Health •-••�"'�"- South Wind.,wr Health Dept. 351 Meriinc Road Vernon CT 06066 Re., Property owned by Kenneth J. Pudeler 201 West Rd,, South Windsor �- Duuket#970415EH ' i^ Dear Dr. Schwartz: Enclosed is a copy of an appeal to an order issued by South Windsor Health Dept, and received by this office on April 15, 1997. The apival referciiccs the above noted property,an order dated April 15, 1997 and was made to the Commissioner of Public Health under Section 19a-229 of the Connecticut General Statutes. to order for us to affirm jurisdiction and investigate the appeal,wQ nsk thit yem P%Pnd mg a copy of the,order giving the date the appellant received the order. N t s+e 4 . s` f'iiiYf tl�ii l+ tter to dv�l c+�cltl dl cif t1 ca Please direct all correspondence to my attention at this office. y ent ti_ytatt Alm4111-1 .1. 1 :tc :this if you have any questions regarding the status of this appeal,you may contact me at(860) 509-7648. Sincerely, $ i;:•'•`�'.. Kathie J.Pirolo Hearings Liaison : Enclosures . 's cc: Kenneth J. Pudeler i phone: Toll Free 1-888-891-9177 Telephone Device for the Deaf (860) 5094191 410 Capitol Avenue • MS li u x e r u_ R0. Box 340308 Hartford, CT 06134 An Equal Opportunity Employer 203-892-91S9 FRRP 653 P03 STATE OF CONNECTIC:UT NADEPARTMENT OF PUBLIC HEALTH ADJUDICATIONS OFFICE April 16, 1997 Kenneth J. Pudeler 201 West Rd. South Windsor CT 06074-1928 Re: Property owned by Kenneth J. Pudeler 201 West Rd., South Windsor Docket#970415EH ---��- r Dear Mr. Pudeler: r Y This wilt acknowlcdgc receipt of your appeal of an order iasucd by the South Windsor Health Dept.. This order concerns the alleged violations located at the above referenmd address. Please direct all correspondence to my attention at this office. Also note that any correspondence sent to us must also be certifted to Gerald Schwalu,NM, Dirmtor of Health, South Windsor Health Dept.. If you have any questions regarding the status of this appeal you may contact me at(860) 509-764 8. Sincerely, ' Kathie J.Pirolo Hearings Liaison - cc: Gerald Schwartz,MD t backtoap.doc Phone: Toll Free 1-888-891-9177 Telephone Device for the Deaf (860) 509-7191 410 Capitol Avenue •MS# =4 a s r,� : P.O. Box 340308 Hartford, C TT 06 � i An Equal Opportunity Employer # ; ,�#' 203-992-9IS9 FAAP 653 PO4 .n r• � . r ♦� YY 1 VYYY.YN\—LI I.Jy11V,V1\LI His �{� r 1 I ' I' t April 15,1 97 Commissioner : Public Health c : Hartford, Ct. 06106 ; ! 're; Appeal 1 `:Dear Sir : . ► ` I, Kenneth J. Pudeles of 201 west goad, South indsar, 06074-1828 am appealing.' the Order , o.# Gerald 1. Bch artx", D.M.; ;director of health for the town of south Wladsor atedr today;:April 151 1997. ` On Jan, 13, 1997 I, wrote to Robert Deptula, vironmentail :Health Officer, town of a'buth WIndsox, with a copy to r. SchVIartzo, Outlining How X Planed to solve the issues razed. on ab_ �.w, 3!!7. 11 applied to the well drilling board for a well pexml I an still,' ;awaiting replies. I don't see- how, with out answers, raA Co�p1y with this order . r 1 ,YQurn Kenneth J. i'u+141er v' c\wp\15\DPHwtr.let ._� �' �-•�, :�, ' „•• N` Pfw r 1 ' r x �•• '±, ire1 rr • Y sk i , ' 203-B92-91Sl FAAP ago rrJ� ? 0 STATE OF CC NNECTICUT DEpA,RTMENT OF PUBLIC HEALTH �� d 'l,a•G h Y 4 w Cgr1F1_F,D MAIL #P265 403 931 ;932 OFFICE OF COMMISSIONER 1N RR Appeal of Kenneth J. Pudeler v. South Windsor Health Dept, Docket# 970415EH � ; TO: Kenneth J. Pudeler AND: Gerald Schwartz,MD 20Z West Rd. Director of Health :... South Windwr CT 06074-1928 South Windsor Health Dept. 351 Merline Road Vernon CT 06066 ; Kenneth J. and Andrea L. Pudeler Re., Property owned by 201 West Rd., South Windsor Docket#970415EH ,.r.-.,-rCE of J4FAR ntQ AhM DESIGNATION OF H C'.OR1) Y F By authority of Section 19a-229 of the general Statutes of Connecticut, you are hereby notified to appear for a formal de nova hearing regarding the appeal of an order dated April 15, 1997 and issued to Kenneth J. Pudeler by Gerald Schwartz,MD, Director of Health,regarding the : :,•:gip B lk :�nc119-13B511(a)of� P...,,1 violation of Section 19-13-H 5 1 f(b), 19-13-B51 g(a) and(b), 19-13- S (b), the Connecticut public Health Code. it is noted that the appeal was filed timely. The record to date consists of the following; 1. Copy of an order dated Aril 15, 1997 issued to Kenneth J.Pudeler,appellant,by Gerald r Schwartz,MD,Director of Health, South Windsor Health Dept.; 1 - al from Kenneth J. Pudeler dated April 15, 1997; and - } 2. Letter of appeal ; •.;.., .. 3. Letters from Kathie J.Pirvlu elated April 23, 1997 to Kenneth J. Pudeler and Gerald Schwartz,MD,Director of Health, South Windsor Health Dept.,acknowledging and informing of appeal. R. The hearing shall be conducted by Stephen J. Varga, who is hereby appointed as hearing officxz, and who shall rule on all motions,and sliWl Lvconuucnd findings of fact and conclusions of law to the undersif ned. • h will be held: _ z The hearing 23 1997 .. .. P' Data. May : Place: CT Department of Public Health 410 Capitol Ave.,Hartford CT Location: Second Floor, Conference Room C Time: 9:30 a.m. _ r` Toll Free i-8B8-891-9177 PHONr,- (960) 509.7101 FAX: (860) 509-7111 '• r:, i`: 410 CAPITOL AvEwup - M$#13COM, P.O. Pox 340308, HARTFOKD, CONNerncur 06134-0308 An Equal Opportunity Employer a 203-892-91S9 FAAP GS9 Pol • w IN M: Appeal of Kenneth J. Pudeler v. South Windsor Health Dept. Docket# 970415EH At the aforementioned hearing you may be represented by an attorney and present evidence on your behalf. The hearing will be conducted in accordance with Chaptcr 54 of the,Connecticut General Statutes and Section 19-2a-1,et seq.,of the regulations of Connecticut State Agencies, if you fail to appear at the hearing, upon proof that due notice was served upon you to appear,the hearing officer may proceed in the same manner as though you were present in person. An appeal of an order does not automatically stay its compliance date. Wer Re- Ffl np The Appellant and the Local Director of Health are hereby ordered when submitting any pleadings,documents,motions or other papers to the Department,to file an original plus one copy. All communications to this Department shall be submitted in this fashion. The appellant and the Local Director of Hearth shall provide a copy of each document filed to the appellant and the Local Director of Health as the case may be and so certify. All communication regarding this proceeding, including correspondence with the hear11ig o17i4cr, should be directed to: Kathie J. Piroln Adjudications Office Department of Public Health 410 Capitol Ave., MS#13ADJ Hartford CT 06134-0308 Telephone: (960) 509-7649 Fax: (860)509-7553 Toll Free 1-888-891-9177 i 111% Date Step en arriman Commissioner ehearnot.doc STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION REAL ESTATE AND PROFESSIONAL TRADES DIVISION May 5, 1997 C 0 P Y Mr. Kenneth J. Pudeler 201 West Road South Windsor, CT 06074 Dear Mr. Pudeler: Please be advised that on March 27, 1997 the State Plumbing and Piping Work Examining Board reviewed your request for a Well Drilling Permit. The Board unanimously voted not to issue a permit and advises that you hire a registered well drilling contractor to review and verify the manner of construction methods used on this shallow well. If you should have any further questions, please do not hesitate to contact me at (860) 566-3290. Very truly yours, Richard M. Hurlburt Assistant Director RMH:lk 165 Capitol Avenue,Hartford,Connecticut 06106-1630 Fax: (203)566-7630 • TDD: (203)566-1547 An Affirmative Action/Equal Opportunity Employer STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION REAL ESTATE AND PROFESSIONAL TRADES DIVISION C 0 P Y May 5, 1997 Mr. Kenneth J. Pudeler 201 West Road South Windsor, CT 06074 Dear Mr. Pudeler: Please be advised that on March 27, 1997 the State Plumbing and Piping Work Examining Board reviewed your request for a Well Drilling Permit. The Board unanimously voted not to issue a permit and advises that you hire a registered well drilling contractor to review and verify the manner of construction methods used on this shallow well. If you 'should have any further questions, please do not hesitate to contact me at (860) 566-3290. Very truly yours, ,,AO 049iv/� - Richard M. Hurlburt Assistant Director RMH:lk 165 Capitol Avenue,Hartford,Connecticut 06106-1630 Fax: (203)566-7630 • TDD: (203)566-1547 An Affirmative Action/Equal Opportunity Employer 'O Vl N S fq 1p� m w� 1540 SULLIVAN AVENUE SOUTH WINDSOR,' CONN. 06074 SOR-CO AREA CODE 860/644-2511 May 5, 1997 CERTIFIED #P462497795 Kenneth J. and Andrea L. Pudeler 201 West Road South Windsor, CT 06074 Dear Mr. & Mrs. Pudeler: This is to inform you that a copy of the order issued to you from the Director of Health (certified #P642497794) has been faxed to Kathie J. Pirolo, Hearing Liaison,Adjudications Office, Department of Public Health. Robert Deptula Environmental Health Officer Enclosure RD:dr Residence/Office: ( 860) 644-2120 Call TOLL FREE Within CT: 260-4648 ABRAHAM GLASSMAN Deputy Sheriff for Hartford County P. O. Box 533 South Windsor, Connecticut 06074 Date:04/15/97 Health Department Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Attn: Bob Deptula Date of Service: 4/15/97 Re: Kenneth J. Pudeler Amount of Service: 28.20 PLEASE RETURN 1 COPY WITH PAYMENT THANK YOU STATE OF CONNECTICUT ) SS:SOUTH WINDSOR, APRIL 15, 1997 COUNTY OF HARTFORD ) Then and by virtue hereof, and by the direction of the plaintiff's attorney, I left a verified true and attested original Letter, Exhibits, Certified #P462497794 with and in the hands of the within named KENNETH J. PUDELER at 201 WEST ROAD in the said Town of South Windsor. The within is the copy of the original Letter, Exhibits, Certified # P462497794 with my doings hereon endorsed. Pages: 5.00 End: .80 ATTEST: Service: 20.00 Travel: 2.40 --------------- Abraham Glassman 28.20 Deputy Sheriff Hartford County 1pW N Se 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 SOR-CO AREA CODE 860/644-2511 April 15, 1997 SENT BY CERTIFIED MAIL AND REGULAR MAIL POSTAGE PREPAID- ALSO SERVICE BY SHERIFF CERTIFIED #P462497794 Kenneth J. &Andrea L. Pudeler 201 West Road South Windsor, CT 06074 You are hereby notified of the existence of a public health law violation upon the premises owned by you, located at 201 West Road in the Town of South Windsor and described as follows: The use of a water supply well not in compliance with the public health code. LAW VIOLATIONS: The Public Health code of the State of Connecticut and other Department Regulations: sections 19-13-B51f(b); 19-13-B51g(a), 19-13-B51g(b); 19-13-B51k (b); 19-13-13511 (a), copies of which are attached hereto and made part hereof. AUTHORITY: Connecticut General Statutes sections 19a-206; 19a-207 PENALTY. You may be subject to penalties under Connecticut General Statutes sections 19a-36 (a), 19a-206 ; 19a-230. APPEAL: Connecticut General Statutes section (s) 19a-229, "Any person aggrieved by an order issued by a town, city or borough director of health may, within forty-eight hours after the making of such order, appeal to the commissioner of public health, who shall thereupon immediately notify the authority from whose order the appeal was taken, and examine into the merits of such case, and may vacate, modify or affirm such order." (NOTE: The appeal to the commissioner must be delivered by hand or by mail to the office of the commissioner within the forty-eight hours or a telephone call must be made to the office of the commissioner within the forty-eight hours with notification of the intent to appeal, followed up by a letter of appeal.), and the "Procedural Rules Section 19-2a-34 Appeals" a copy of which is attached and made a part hereof shall be applicable in this matter.--- _ - - - - - - PS Form 3800,April 1995 to [n v C c�oS 7� to m o o CO aL _ • a 3 33 3 Q. s3 '� o v�i o 3a art CO N Oi 'v w z � m s. .� a r y "CD LC B. CL -_ m _._ t m SENDER: v ■Complete items 1 and/or 2 for additional services. I also wish to receive the a •Complete items 3,4a,and 4b. following services(for an t. s► ■Print your name and address on the reverse of this form so that we can return this extra fee)' card to you. ■�ramch this form to the front of the mailpiece,or on the back if space does not 1it. .❑ Addressee's Address ` " at ■wnte'Retum Receipt Requested'on the mailpieoe below the article number. 2. ❑ Restricted Delivery rn ■The Return Receipt will show to whom the article was delivered and the date . c delivered. Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number (� d a -I� ( 1 c ' E r ilf ne—th 1�T/ d red-., 4b.Service Type $ �d ❑ Registered Certified r: - c C�)d 1 LA �e_5 rid ' CT ❑ Express Mail [3 Insured a �'l `�1 ❑ Return Receipt for Merchandise [3COD SUA4h wirdtiDrj v 7.Date o •livery 5.Received By:(Print Name 8.Addr ss e s Addrefss(anly if requested and fee/s paid) g 6.Signature:(Addressee orA ent) x a PS Form 3811,Dember 1994 Dome December stic Return Receipt CPR-8 Rev.7/95 PERMIT NUMBER _ 182056 STATE OF CONNECTICUT DEPARTMENT OF CONSUMER PROTECTION f REAL ESTATE&PROFESSIONAL TRADES DIVISION ry WELL DR LINO:PERMIT ~ 165 Capitol Avenue rtford,PonAe ticut A6106 Ad LOCATION OF WELL (Town) (Street) (LotNumbeo w QATE ,,,,,, OWNER WELL NDIVIDUAL BUILDER OTHER(Specify) OWNER'S ADDRESS 4 . Est.No.of PROPOSED MESTIC BUSINESS FARM TEST People being USE OF ESTABLISHMENT WELL served. WELL PUBLIC SUPPLY INDUSTRIAL AIR OTHER CONDITIONING 1:1 (Specify) SKETCH OF WELL LOCATION Locate well with respect to at least two roads,showing distance f m intersectio ont of lot location of lot to at least two roads Well location on to and to f resent) Indicate North 1b Approximate number of feet from well to / nearest source of possible contamination: ��► The undersigned is aware that upon completion•dMe well, a"Well Completion Report"containing construction details and information required under Section 25-131 of the 1969 Supplement to the General Statutes must be sent to the owner, the Department of Consumer Protection and the Water Resources Commission on the form provided by the agency. This permit is not valid until all information is filled in and it has been counter-signed by t irector of Health or his agent. AP ICA (Signature) APPLICANT'S ADDRESS REGISTRATION NO. AE, F A; Y fflowffHeaffhOfcerorAgent) DATE' PROVED R TED ❑ Q D 5-19- _REMARKS _ - -- DIRECTOR OF HEALTH 203—e92-91s9 FAAP 699 P02 r STATE OF +CONNE TICUT DEPARTMENT OF PUBLIC HEALTH ., CERTIFIED MAI NP269 404 01 1 ;012 IN RE- Appeal of Kenneth J. Pudeler v. South Windsor Health Dept. Docket# 970415EH TO: Kenneth J. Fudeler AND: Gerald Schwartz, MD 201 West Rd. Director of Health South Windsor CT 06074-1928 South Windsor Health Dept. 351 Merlin Road Vernon CT 06066 Re: Property owned by Kenneth J. and Andrea L. Pudeler 201 West Rd,,South Windsor Docket# 970415EH NOTICE OF CON .__ TAN E OF FORMAL HEARING This notice is to inform you that the formal hearing in the above cited case has been continued. This hearing will be held: Date; June 18, 1997 Place: CT Department of Public Health 410 Capitol Ave., Dartford CT Location: Second Floor, Conference Room I Time- 1:30 p.m. All communication regarding this proceeding, including correspondence with tho hearing officer, should be directed to: Kathie 1. Pirolo Adjudications Office Department of Public l Icalth . 410 Capitol Ave., MS#13ADJ Hartford CT 06134-0308 Telephone- (X60) 509-76548 Fax: (860) 509-7553 Toll Free 1-888-891-9177 s/,m -h�)e Date Stephen J. V ga,Esq. Hearing Officer Phone. Tall Free 1-888-891-9177 -Telephone Device for the Deaf (960) $09.7101 410 Capital Avenue -MS#��nJ F.U. Box 340308 Hartford, CT 06134 An Equal Opportunity Employer ` 203-892-9IS9 FAAP 68I P02 • #t., Kathie J . PLrolo Hearing Lialoon ;•:; Adjudications Oftice = t State of Connecticut Department of Public Health 410 Capitol Avenue - M5#13AJ o P. 0. box 34UJ08 tiazttord, CT U61.34-UJUO Rea 201 West koad, South Winclor Docket #97041b4H rw Dear Ms. iiirolo Pursuant to the advise of the Well Urill-inq hoard, I have i .•,y_ „ retained a Licensea well urllier . tie is in the Rzocess of, A review.inq and veritvina the existing construCtion and ha: acquired a Well Permit to maKe anv necessary repairs. Mr . Dufford of: `��Duftord Drlliina savo it wil! nt:onablY take four to six weeks to �: �� •• a complete toe work . J Since;ely, ;r Kenneth J . Pudeler - CC: L'.ertif ied a . .. Gerald achwartx, Mb , '•.:w,; Director of Health South windsot Department of Health ► � CC: Duftord Driilinq Company }` Department of Consumer protecta,®n Fraud Division •;y Department of consumer Protection Well Dr i l l i ner Hoara ' + '•• • .5 .iF•'N * yM•. r,h • *•y: * 203-092-9lS i FAAP 661 P71 GERALD T.. SCHWARTZ, M.D.F.A.A.F. f 351 MERLINE ROAD SUITE 103 VERNON, CONNECTICUT 06066 Phone (860)8T2-6100 :q Fax (060)872-7157 .41 TO: ` +` , l FAX NO. `7 7� 40 + FROk: S PAGE aF PAGES INCLUDING THIS COVSK FAUE a1ft llo(J'l / f yf 3 +7 It { • ' $:'rt'.•' N ryr E .... M.r 9 •F'L . Q STATE OF CONNECTICUT DEPARTMENT OF PUBLIC HEALTH CERTIFIED MAIL OFFICE OF COMMISSIONER IN RE: Appeal of Kenneth J. Pudeler v. South Windsor Health Dept. Docket# 970415EH Kenneth J. Pudeler CM RRR #P 2 6 5 403 137 201 West Rd. South Windsor CT 06074-1928 Gerald Schwartz, MD CM RRR #P 2 6 5 403 138 Director of Health South Windsor Health Dept. 351 Merlin Road Vernon CT 06066 Re: Property owned by Kenneth J. and Andrea L. Pudeler 201 West Rd., South Windsor DECISION AND ORDER I hereby accept the attached letter from Kenneth J. Pudeler dated May 27, 1997 withdrawing the appeal of the order to Kenneth J. Pudeler dated on April 15, 1997 from South Windsor Health Dept. This appeal is hereby dismissed as moot. This is the final decision of the Department of Public Health. / � f t'7 Date Stephen A. Harriman Commissioner Enclosures cc: Richard J. Lynch,Assistant Attorney General Leonard E. McCain,Administrator, L.H.A.P. capwdrew:doc (860) 509-7648 j� PHONE: (860) 509-7101 FAX: (860) 509-7111 410 CAPITOL AVENUE - MS#13COM, P.O. Box 340308, HARTFORD, CONNECTICUT 06134-0308 An Equal Opportunity Employer Y :iaV G 1J . Kathie J . Pirolo Hearinq Liaison Adjudications Uttice State of Connecticut Department of Public Health 41U Capitol Avenue - MS#1SADJ P. U. box J4UJU8 Hartford, CT U6134-UJU8 Re: 2Ul West Road, South Windor Docket #97U415r:H Dear Ms . Pirolo Pursuant to the advise of the Well Driliinq board, i have retained a licensed Weli Driiier . He is in the process of reviewinq and veritvina the existii7q construction and has acquired a Well Permit to maze --,iv necessary rec)airs . Mr . Dutford of Dutford Driliinq sav:s it wiii Drobably take tour to six weeks to complete the work. Sincerely, k..", '?:�/11 �� Kenneth J . Pudeler CC: Certified : Gerald Schwartz, MD Director of Health South Windsor Department of Health CC: Dufford Drillinq Companv Department of Consumer Protection Fraud Division Department of Consumer Protection Well Drillinq board JUN 0 2 'M DW&KI Or r JDILI,titA1 1 crVAU Aml#M BOARD O CONSUMER PROTECTION WELL DRILLING BOARD STATE OF CONNECTICUT PERMIT NUMBER CPR4 REV.11-82 DEPARTMENT OF CONSUMER PROTECTION 7 WELL DRILLING PERMIT 17 1 70 165 CAPITOL AVE., HARTFORD,CONNECTICUT 06106 LOCATION OF W L (Tama) (Street) (Lot Number)42 DATE OWNER IVIDUAL WILDER OTHER(Specify) OWNER'S ADDRESS LIB BUSINESS TEST Est. No.of PROPOSED STIC ESTABLISHMENT FARM WELL People being USE OF served. PUBLIC AIR WELL SUPPLY INDUSTRIAL CONDITIONING (Specify) (Spe if ) SKETCH OF WELL LOCATION Locate well with respect to at least two roads, showing distance from intersection and front of lot Location of lot to at least two roads Well location on lot and to house (if present) IndicaN Nosh t V V f Approximate number of feet from well to nearest source of possible contamination: The undersigned is aware that upon completion of the well, a "Well Completion Report" containing construction details and information required under Section 25-131 of the 1969 Supplement to the General Statutes must be sent to the owner, the Board and the Water Resources Commission on the form provided by the Board. This permit is not valid until all information is filled in and it has been counter-signed by the Director of Health or his agent. APPL (Sig wrs) APPLICANT'S ADDRESS REGISTRATION NO. 044 BY(Tama Nealtb Officer or Agent) DATE VED RML ;. /13 -C_ -_ e, KS Jae r CPR-9 Rev.7/95 Da NOTA[I In STATE OFCONNECTICUT STATE WELL NO. DEPARTMENT OF CONSUMER PROTECTION REAL ESTATE&PROFESSIONAL TRADES DIVISION OTHER NO. WELL DRILLING COMPLETION REPORT 165 Capitol Avenue,Hartford,Connecticut 06106 OWNER NAME ADDRESS LOCATION ( o. rest) (ow '" of umber OF WELL OM IC _ BUSINESSARM a TEST PROPOSED ESTABLISHMENT WELL USE OF WELL ❑ SPUBLIC 1-1 UPPLY INDUSTRIAL AIR CONDITIONING OTHER (Specify) DRILLING ROTARY COMPRESSED CABLE OTHER n EQUIPMENT E lj�,c E AIR PERCUSSION PERCUSSION (Specify) CASING LENGTH(feet) DIAMETER(inches) WEIGHT PER FOOT DRIVE SHOE WAS CASING GROUTED? DETAILS THREADED WELDED `_` �YES ❑ NO ,r� YES ❑ NO YIELD TEST BAILED a PUMPED CO SSED AIR HOURS YIELD(GPM) WATER MEASURE FROM LAND SURFACE-STATIC(Specify feet) DURING YIELD TEST(feet) Depth of Completed We in set LEVEL MAKE -LENGTH OPEN TO AQUIFER(feel) SCREEN DETAILS SLOT SIZE DIAMETER(inches) IF GRAVEL Diameter of well GRAVEL SIZE(inches) FROM(feet) TO(feet) PACKED: including gravel pads (inches) DEPTH FROM LAND TO SURFACE FORMATION DESCRIPTION Sketch exact location of well with distances,to at least two FEET TO FEET permanent landmarks i{ 7� 7 ( f If yield was tested at different depths during drilling,list below FEET GALLONS PER MINUTE DATE WELL COMPLETED PERMIT NO. REGISTRATION NO. DATE OF REPORT —7WELL DRILLER(Signature) L'l•T t�£ �fr €-�4.TI lei'=U LOCAL DIRECTOR OF HEALTH CONSUMER PROTECTION WELL DRILLING BOARD STATE OF CONNECTICUT PERMIT NUMBER CPR-$REV.11-82 DEPARTMENT OF CONSUMER PROTECTION �1 7�1 7 7 WELL DRILLING PERMIT .L / 1 I 165 CAPITOL AVE., HART ¢RD,CONNECTICUT 06106 r LOCATION OF WILL (Town) (Street) (Lot Number) DATE OWNER AL BUILDER OTHERS{Specify) 641 a OWNER'S ADDRESS PROPOSED BUSINESS TEST Est. No.of ESTABLISHMENT FAR WELL People being USE OF served. WELL PUBLIC U►P Y INDUSTRIAL a AIR CONDITIONING D (OPe if ) SKETCH OF WELL LOCATION Locate well with respect to at least two roads, showing distance from intersection and front of lot Location of lot to of least two roads Well location on lot and to house (if present) InditoM North V Approximate number of feet from well to nearest source of possible contamination: The undersigned is aware that upon completion of the well, a "Well Completion Report" containing construction details and information required under Section 25131 of the 1969 Supplement to the General Statutes must be sent to the owner, the Board and the Water Resources Commission on the form provided by the Board. This permit is not valid until all information is filled in and it has been counter-signed by the Director of Health or his agent. APPLI (Sig re) APPLICANT'S ADDRESS REGISTRATION NO. / 2_ BY(Town Health Officer or Agent) V DATE 044: VEID R /V low KS DIRECTOR OF HEALTH PUDELER ENGINEERING Civil Engineering Land Surveying 201 West Road, South Windsor, CT 06074-1928 Phone: (860) 610-0001 Fax: (860) 282-7726 October 22, 1996 Building Department Town of South Windsor Town Hall South Windsor, CT 06074 Re : 201 West Road Dear Sir : Please find attached a Well Test Report on the water taken from my kitchen tap on October 11, 1996 . The test indicates that my present wellwater is fit to drink . Please inform me of the status of the well permit for this well . Very truly yours, Kenneth J. Pudeler, P .E. , L. S . C\WP\L5\P629W.1tr ENVIROTECIH LABORATORY TESTING & CONSULTING 77 COOK SILL ROAD - WINDSOR. CONNECTICUT 06095 TELEPHONE MARVELLEN DiLUZ10 (203) 688-7249 October 21 , 1996 Kenneth Pudeler 201 West Rd. 8. Windsor, Ct. 06074 Dear Sir; We have the following to report on the sample submitted to this laboratory on October 11 , 1996. Sample Number: 36677 Mark: water sample collected 10/11/96 by. Kenneth Pudeier from Lot No . -, 201 West Rd. , S. Windsor, Ct. Odor faint Turbidity 0 Standard Units PH 6.79 Alkalinity (as CaCO3) 112 mg/L Color 0 mg/L Nitrite Nitrogen < 0.001 mg/L Nitrate Nitrogen <. 1 .00 mg/L Chloride (as Cl ) IS mg/L Hardness (as CaCO3) 124 mg/L Iron (as Fe) 0.245 mg/L Ethylene Dibromide < 0.01 ug/L none detected BIOLOGICAL EXAMINATION Number of Coliform Bacteria per 100 mLs (membrane filter) 0 Based on the above parameters this water is classified safe for drinking. If there are any questions we would be pleased to discuss them with you. Very truly yours, EnviroTech Laboratory , on`; -yz-� Maryellen DiLutio PHO464, cc: one enclosed December 19, 1996 Phelon, Fitzgerald and Wood, P.C. Attorney Barry Guliano 773 MainStreet Manchester, CT 06040 Dear Barry: The Consumer Protection regulation is not enforcable by the local Health Department. Therefore the only regulation we have is the health code. What if we send this letter first before an order? Please call me at 644-2511 extension 248. 3 el_ Bob Deptula � _6",A2 lhA(L- Kenneth J. &Andrea L. Pudeler 201 West Road South Windsor,CT 06074 You are hereby notified of the existence of a public health law violation upon the premises owned by you, located at 201 West Road in the Town of South Windsor and described as follows: The use of a water supply well not in compliance with the public health code. LAW VIOLATIONS: The Public Health code of the State of Connecticut and other Department Regulations: sections 19-13-1351f(b), 19-13-B51g(a), 19-13-B51g (b); 19-13-B51k (b), 19-13-13511 (a); copies of which are attached hereto and made part hereof. AUTHORITY: Connecticut General Statutes sections 19a-206; 19a-207 PENALTY. You may be subject to penalties under Connecticut General Statues sections 19a-36 (a), 19a-206 ; 19a-230. `,t,,Xal- PwG�P� APPEAL: Connecticut Gener Statutes section (s) 19a- , "An erson rieved by an order issued by a town, city or bor gh director of healt y withi orty-eigh hours after the making of such order, appeal to th commissioner of - , who shall thereupon immediately notify the authority fro hose order the appeal was taken, a d examine into the merits of such case, and may vacate, dify or affirm such order." (NOT '� The appeal to the commissioner must be delivered by nd or by mail to the office of the commissioner within the forty-eight hours or a telephone call st be made to the office of the commissioner within the forty-eight hours with notification the intent to appeal,followed up by a letter of appeal.), and the "Procedural Rules Section 19- -34 Appeals" a copy of which is attached and made apart hereof shall be applicable in this matter. id violation be removed, abated, or otherwise corrected on or bef re the day of March 1997. J �'pw(Lr� CO�Ix� occ, Ltc , ivkf bs- cop i�( i4ve Ca►s1�► I' Gerald L. Schwartz, M.D. �f o 41 b Director of Health For the Town of South Windsor 'T.ItK Ca(,�iks nxC"44-kxw �Li 4k- q,B v cap i I qve. mf4jrl wf9-T pD• �a�C o3vfr 4 -Fd "Sec. 19-13-1151f. Method of construction of wells. (b)Dug well. The casing or sidewalls of a dug well shall be constructed of watertight concrete at least four inches thick to a depth of at least ten feet below the ground surface. Below the depth of the watertight casing, loosely laid stone, concrete block, brick or other materials approved by the commissioner of health may be used. The annular space between the face of the excavation and the watertight section of casing shall be filled with clean clay or other impervious material". "Sec. 19-13-B51g. Well cover. (a)The cover of the dug well shall be made of substantial reinforced concrete at least four inches thick. Other material approved by the commissioner of health may be used. It shall be of sufficient diameter to overlap the casing or side walls by at least two inches. A tight joint shall be provided between the casing and cover. If a pump is set on the slab, the top of the slab shall be sloped to drain away from the pump or drop pipe sleeve". "(b)A manhole shall be installed if the cover slab cannot be readily removed, and such manhole shall be provided with a curb extending at least two inches above the slab and equipped with a watertight overlapping cover. The manhole cover shall be locked or bolted in place in such manner as to prevent tampering or shall be located in a locked housing". "Sec. 19-13-B51k. Post-construction. (b)The well contractor shall make a yield test to determine the quantity and stability of flow of water from the well. The date of the test and the maximum drop in water level in the well during the test shall also be recorded(drawdown). The rate of test pumping shall equal or exceed the rate of withdrawal required for the particular installation. In the case of nonpublic water supply wells with a required withdrawal rate less than ten gallons per minute, the pumping period during the drilling and clearing may be included in the time of the yield test. The minimum length of such yield test shall be four hours for a well with a required withdrawal rate of less than ten gallons per minute;' thirty-six hours for a well with the required withdrawal rate of from ten to fifty gallons per minute; and seventy-two hours for a well with a required withdrawal rate of more than fifty gallons per minute. Test pumping shall be continuous at a constant rate for the period required. In the case of a public well, drawdown shall have held essentially stable for the last twelve hours prior to the completion of the test. The well contractor or tester shall record the date of the yield test; the water level in the well shortly before the yield test begins; the length of the pumping period, the constant pumping rate, the water level in the well at reasonable intervals after pumping begins and within five minutes before the pumping ends; and the water level in the well at reasonable intervals thereafter for a sufficient time to allow recovery to the water level prior to the yield test. He shall furnish a copy of such record to the owner". *An alternate test for low yield wells serving a single family: Remove all water from the completed well and measure rate 9f recovery. ( -t-2 "Sec. 19-13-B511. Testing. (a)In the case of a nonpublic water supply well, the owner 1 have the well sampled, after disinfection and all chlorine has been dissipated,_for bacteriological, physical and sanitary chemical examination. Approval of the local director of health of the results of such examination shall be obtained before the well water is used". I HL PUBLIC HEAL 1 H 11UUk oa Chap.2 Sec.19.13.8511 structed that the well opening is adequately covered and all openings through the base shall be sealed watertight.The well casing shall be installed at least six inches above the floor. (e) A hand pump shall be constructed so that it stuffing box or other arrangement prevents entrance of contamination around the pump rod.The pump spout shall be of covered type The base shall be of the one-piece flange type. Provision•shall be made for leading waste water away from the top of the well.A hand pump shall be frostproof and shall not require priming. A hand pump shall be mounted: (1) When a well is cased with iron pipe,upon a base flange which is attached rigid and watertight to the well casing;(2)on a concrete platform or similar structure when a well is not cased with iron pipe A metal sleeve shall be used through the concrete platform or cover slab and extend above the slab into the pump base;or(3)by other sanitary method approved by the com- missioner of health. (Effective January 12, 1971) Sec. 19-13-1151k. Post-construction (a) On completion of the well,the well contractor shall pump or otherwise flush the well sufficiently to clear the water of cuttings. (b) The well contractor shall make a yield test to determine the quantity and stability of flow of water from the well.The date of the test and the maximum drop in water level in the well during the test shall also be recorded (drawdown).The rate of test pumping shall equal or exceed the rate of with- drawal required for the particular installation.In the case of nonpublic water supply wells with a required withdrawal rate less than ten gallons per min- ute, the pumping period during the drilling and clearing may be included in the time of the yield test. The minimum length of such yield test shall be four hours for a well with a required withdrawal rate of less than ten gallons per minute;•thirty-six hours for a well with the required withdrawal rate of from ten to fifty gallons per minute; and'seventy-two hours for a well with a required withdrawal rate of more than fifty gallons per minute. Test pumping shall be continuous at a constant rate for the period required. In the case of a public well,drawdown shall have held essentially stable for the last twelve hours prior to the completion of the test.The well contractor or tester shall record the date of the yield test;the water level in the well shortly before the yield test begins;the length of the pumping period;the constant pumping rate;the water level in the well at reasonable intervals after pumping begins and within five minutes before the pumping ends;and the water level in the well at reasonable intervals thereafter for a sufficient time to allow recovery to the water level prior to the yield test. He shall furnish a copy of such record to the owner. (c) The pump installer shall disinfect each new well system before use.. Disinfection shall be accomplished by treating the water in the well,storage tank and connected piping with a chlorine solution of fifty milligrams per liter(parts per million)strength so as to obtain a residual of ten milligrams per liter(parts per million)of chlorine after three hours detention.The side walls and piping shall be rinsed with the chlorine solution.The chlorinated water shall not be removed from the water system until after a detention period of at least three hours. (Effective January 12, 1971) An alternate test for low, we serving a aingle family:Remove all water from the completed well and measure rate of recovery. 1. If the recovery is observed for twelve hours or more,the actual amount of water recov- ered in the first twelve hours shall be the yield,expressed in gallons. 2. If at least three hundred gallons are recovered in leas than twelve hours,the yield expressed as gallonstday shall be computed by the formula twelve times gallons recovered. hours recovery PROCEDURAL RULES SECTION 19-26�-34 APPEALS (a) Any person aggrieved by an order issued by a local director of health may appeal said order to the commissioner. (b) The notice of the appeal must be received by the commissioner within forty-eight (48) hours of the date of issuance of the order. If the forty-eight (48) hour period expires on a day which is not a normal business day of the department, the period of appeal shall be extended through the close of business of the first regular business day following. (c) Notice of appeal shall state: (1) the name of the person claiming to be aggrieved; (2) the na-me of the issuing authority; (3) the nature of the claimed aggrievement; (4) the order being appealed; and (5) the grounds for appeal. (d) Telephonic communication of a notice of appeal to the office of the commissioner shall be satisfactory as an initial notice of appeal provided written confirmation from,the person claiming to be aggrieved is received by the department within seven days of the oral notice. (e) The hearing on the appeal shall be a de novo proceeding conducted in accordance with rules of practice of the department. (f) Any order issued by a local director of health shall include notice of the right to appeal and shall have the rules of practice attached. Kenneth J. &Andrea L. Pudeler 201 West Road South Windsor, CT 06074 You are hereby notified of the existence of a public health law violation upon the premises owned by you, located at 201 West Road in the Town of South Windsor and described as follows: The use of a water supply well not in compliance with the public health code. LAW VIOLATIONS: The Public Health code of the State of Connecticut and other Department Regulations: sections 19-13-B51f(b), 19-13-B51g (a); 19-13-B51g (b), 19-13-B51k (b), 19-13-13511 (a), copies of which are attached hereto and made part hereof. AUTHORITY: Connecticut Gnereal Statutes sections 19a-206; 19a-207 PENALTY: You may be subject to penalties under Connecticut General Statues sections 19a-36 (a), 19a-206 ; 19a-230. PkAq APPEAL: Connecticut General Statutes section (s) 19a-229, "Any person aggrieved by an order issued by a town, city or borough director of health 0, within forty-eigth hours after the making of such order, appeal to the commissioner of health services, who shall therupon immediately notify the authority from whose order the appeal was taken, and examine into the merits of such case, and may vacate, modify or affirm such order." (NOTE,, The appeal to the commissioner must be delivered by hand or by mail to the office of the commissioner within the forty-eight hours or a telephone call must be made to the office of the commissioner within the forty-eight hours with notification of the intent to appeal, followed up by a letter of appeal.), and the "Procedural Rules Section 19-21-34 Appeals" a copy of which is attached and made a part hereof shall be applicable in this matter. It is hereby ordered that the said violation be removed, abated, or otherwise corrected on or before the day of March 1997. Gerald L. Schwartz, M.D. Director of Health For the Town of South Windsor (1949 Rev.,S.4198;1955,S.2138d;P.A.77-614,S.323,610;P.A.93-381,S.9,39;P.A.95-257,S.12,21, ' r. ty-five dollars;(5)review of each small flow plan for subsurface sewage disposal, History:P.A.77-614 replaced department of health with department of health services,effective January 1,t_. 19-11 transferred to Sec. 19a-34 in 1983;P.A.93-381 replaced department of health services with department hundred dollars; and (6) review of each large flow plan for!subsurface sewage health and addiction services,effective July 1,1993;P.A.95-257 replaced Commissioner and Department OfPtrblk! sal,five hundred dollars. and Addiction Services with Commissioner and Department of Public Health;effective July 1,1995. ;k' " 919 Rev.,S.3800;1959,P.A.628,S.2;1961,P.A.140;P.A.77-282;77-614,S.345,610;May Sp.Sess.P.A.92- `�* 6�117;P.A.93-381,S.9,39;P.A.95-44,S.2;95-257,S.12,21,58.) Sec. 19a-35. (Formerly Sec. 19-12).Federal funds for health services tQ ' ory 1959 act added provision re field sanitation;1961 act substituted public health code for sanitary code;P.A. dren.Advisory board.(a)The Department of Public Health is designated as provided that code may include regulations requiring restroom facilities in large stores,shopping centers etc.; 77 agency to receive and administer federal funds which may become available for 614 replaced public health council with commissioner of health services,effective January 1,1979;Sec.19-13 to sec.19a-36 in 1983;May Sp.Sess.P.A.92-6 added new Subsec.(b)to establish fees for public swimming services to children. ' pfm review and resubmitted plan review,public swimming pool inspection and reinspecti'on and review of small and flow plan for subsurface sewage disposal;P.A.93-381 replaced commissioner of health services with commissioner (b) The Commissioner of Public Health may create an advisory board t 0l health and addiction services,effective July 1,1993;P.A.95-44 amended Subsec.(a)to prohibit the regulations of representatives of public departments and private agencies concerned with Y.. ��� �prohibiting the sale offood at noncommercial functions and to define"noncommercial function";P.A.95-257 replaced P P P P g rrltamSSioner and Department of Public Health and Addiction Services with Commissioner.and Department of Public and educational interests and individuals to assist him in making plans and all Yi♦1m;effectiveJuly 1,1995. :gym. funds. 4 ''chapter 54 re uniform administrative procedure. (1949 Rev.,S.3826;P.A.77-614,S.323,610;P.A.93-381,S.9,39;P.A.95-257,S.12,21,58.) ^b Sec.19a-207 re duties of local health officials in enforcing public health code. t- Sec.19a-495 re regulation of health care institutions. History:P.A.77-614 replaced commissioner and department of health with commissioner and department 'ons to former section 19-13: services,effective January 1,1979;Sec.19-12 transferred to Sec.19a-35 in 1983;P.A.93-381 replaced depernttllt 166C.337,3L' COM 172 C-W 91 commissioner of health services with department and commissioner of public health and addiction services,effMiMtt 12 CA 57,69- 1,1993;P.A.95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commie to Pcesm secooac and Department of Public Health,effective July 1,1995. 32 C-A409 41& See Sec.19a-50 re crippled children and those with cardiac defects. Sec- 1%-36& Regulations concerning food operators.The Commissioner of Sec. 19a-36. (Formerly Sec.19-13).Public health code.Fees.(a)The Commis, c Health shall adopt regulations,in accordance with the provisions of chapter 54, sioner of Public Health shall establish a Public Health Code and, from time to time; assure that food service establishments employ as food operators persons who have amend the same.The Public Health Code may provide for the preservation and improve dal knowledge of safe food handling techniques and to set requirements for the employ- ment of the public health. Drainage and toilet systems to be installed in any house oc `tnent of food operators by such establishments.Such regulations shall include,but not building arranged or designed for human habitation, or field sanitation provided fo ,be limited to,responsibilities of food service establishments and!:their employees,ex- agricultural workers or migratory farm laborers, shall conform to minimum require-, emptions for certain classes of food establishments and responsibilities of local health ments prescribed in said code.Said code may include regulations requiring toilets and.' departments in monitoring compliance of food establishments. handwashing facilities in large stores,as defined in such regulations,in shopping centers, (P.A.89-308;P.A.93-381,S.9,39;P.A.95-257,S.12,21,58.) and in places dispensing food or drink for consumption on the premises,for the use of' ` ' History:P.A.93-381 replaced commissioner of health services with commissioner of public health and addiction patrons of such establishments,except that the provisions of such regulations shall not.,;- services,effective July 1, 1993;P.A.95-257 replaced Commissioner and Department of Public Health and Addiction apply to such establishments constructed or altered pursuant to plans and specifications t< Services with commissioner and Department of Public Health,effective July 1,1995. approved or building permits issued prior to October 1, 1977.The provisions of such Sec. 19a-37. (Formerly Sec. 19-13a). Regulation of water supply wells and regulations shall not prohibit the sale of food at a noncommercial function such as an springs. (a)The Commissioner of Public Health may adopt regulations in the Public educational,religious,political or charitable organization's bake sale or pot luck supper .r Health Code for the preservation of the public health pertaining to(1)protection and provided the seller maintains such food under the temperature,pH level and water activ- location of new water supply wells or springs for residential construction or for public ity level conditions which will inhibit the rapid and progressive growth of infectious or or semipublic use,and(2)inspection for compliance with the provisions of municipal toxigenic microorganisms.For the purposes of this section,a"noncommercial function" t' regulations adopted pursuant to section 22a-354p. means a function where food is sold by a person not regularly engaged in the business of selling such food.Each regulation adopted by the Commissioner of Public Health (b) The Commissioner of Public Health shall adopt regulations,in accordance with shall state the date on which it shall take effect,and a copy thereof,signed by the Commis- chapter 54,for the testing of water quality in private residential wells.Any laboratory sioner of Public Health, shall be filed in the office of the Secretary of the State and a or firm which conducts a water quality test on a private well serving a residential prop- copy sent by said commissioner to each director of health,and such regulation shall be erty, within thirty days of the completion of such test, shall report the results of such published in such manner as the Commissioner of Public Health may determine.Any test to the public health authority of the municipality where the property is located person who violates any provision of the Public Health Code shall be fined not more provided such report shall not be required if the party for whom the laboratory or firm than one hundred dollars or imprisoned not more than three months or both. conducted such test informs the laboratory or firm that the test was;not conducted within six months of the sale of such property. (b) Notwithstanding any regulations to the contrary,the Commissioner of Public (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; Health shall charge the following fees for the following services: (1)Review of plans P.A.95-257,S.12,21,58.) for each public swimming pool, six hundred dollars; 2 review of each resubmitted ' P g P ( ) History:P.A.77-614 replaced public health council with commissioner of health services,effective January!,1979; plan for each public swimming pool,two hundred dollars;(3)inspection of each public Sec.19-13a transferred to Sec. 19a-37 in 1983;P.A.89-305 added provision concerning inspection for compliance with municipal swimming pool,one hundred dollars; (4)reinspection of each public swimming pool, 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 ,\ND WELL-BEING Title 19a Ch. 368f DISTRICT DEPARTMENTS OF HEALTH 757 territorial limits adjoin the waters affected anchored or moored within the limits so designated after twenty-four hours have elapsed from the time that notice has been served as hereinafter provided and within a period 225,291;P.A.76-436,s.194,681;P.A.78-280,s.1,2,127.> of two months from the service of such notice, shall be fined not more than fifty dollars ng grand jurors,cities'attorneys and town,city,borough or or imprisoned not more than thirty days for each day during any part of which he keeps circuit court with court of common pleas and"circuit"with such houseboat or other vessel so anchored or moored within the limits so designated. nmon pleas with superior court and"prosecuting attorneys" assistant state's attorneys,,,effective July 1,1978;P.A.7s- £ Service of notice may be made by any officer or indifferent person by leaving with or �c. 19a-224 in 1983. d reading to the person having immediate charge of any such houseboat or other vessel Manufacture and treatment of oil and a copy of this section, together with a description in writing of the limits which have been so designated. nsurnption in Stonington. No person or (1949 Rev.,S.3964.) ord, East Lyme, Old Lyme or Stonington, he business of manufacturing from fish of History:Sec. 19-102 transferred to Sec. 19a-228 in 1983. or in the business of rendering or treating 1 Sec. 19a-229. (Formerly Sec.19-103).Appeal.Any person aggrieved by an order in the town of Stonington, engage in the issued by a town,city or borough director of health may,within forty-eight hours after Isumption. This section shall not apply to the making of such order, appeal to the Commissioner of Public Health, who shall person or corporation whose plant within thereupon immediately notify the authority from whose order the appeal was taken,and .lay 1, while and was actively employed examine into the merits of such case, and may vacate, modify or affirm such order. 1908, while such business continued to rson or corporation on said May 1, 1909, (1949 Rev.,S.3865;P.A.77-614,S.323,610;P.A.93-381,S.9,39;P.A.95-257,S.12,21,58.) r said towns of garbage or other filthy or' History:P.A.77-614 replaced commissioner of health with commissioner of health services,effective January 1,1979; Of fish Into Sec.19-103 transferred to Sec.19a-229 in 1983;P.A.93-381 replaced commissioner of health services with commissioner )r to the filleting and freezin g of public health and addiction services,effective July 1, 1993;P.A.95-257 replaced Commissioner and Department of of Stonington. Public Health and Addiction Services with Commissioner and Department of Public Health,effective July 1,1995. 330,S.1.) Annotations to former section 19-103: Sec.19-98 transferred to Sec.19a-225 in 1983. Cited,21 CS 347.This section does not apply to appeals under section 7-153.26 CS 266,273. iloading and transportation of fertiliz Sec. 19a-230. (Formerly Sec.19-104).Fines and penalties.Any person who vio- rgh directors of health shall have power_ lates any provision of this chapter or any legal order of a director of health or board of time during which, and the manner m health,for which no other penalty is provided,shall be fined not more than one hundred ided from vessels or cars and transported:;, dollars or imprisoned not more than three months or both. s ;X (1949 Rev.,S.3875.) a History:Sec.19-104 transferred to Sec.19a-230 in 1983. Annotation to former section 19-104: Violation of quarantine order within this section.86 C.678. nchorage of houseboats. The director. ,nate limits within the navigable waters. Secs. 19a-231 to 19a-239. Reserved for future use. any public or private bathing beach of Dr other vessels used by the owners or vhile so used and occupied as dwelling, 4` CHAPTER 368f THE PUBLIC HEALTH CODE 87 Chap.2 Sec.19.13-B51 f Sec. 19-13-B51.f. Method of construction of wells. (a) Ma- terials. Pipe used for casing a well other than a dug well shall be made of steel or other material approved by the commissioner of health. They shall be free from flaws or defects and shall have watertight connections. (b) Dug well. The casing or sidewalls of a dug well shall be constructed of watertight concrete at least four inches thick to a depth of at least ten feet below the ground surface. Below the depth of the watertight casing, loosely laid stone, concrete block, brick or other materials approved by the commissioner of health may be used. The annular space between the face of the excavation and the watertight section of casing shall be filled with clean clay or other impervious material. (c) Gravel well. The casing of a gravel well shall be sur- rounded with concrete grout to a depth of at least ten feet below the ground surface. The annular space between the casings of a gravel well with artificially placed gravel shall be protected at the top by a watertight covering to prevent any foreign matter entering the well through the gravel. (d) Drilled well. The construction of a drilled well shall pro- vide for shutting out all water except that from the water bearing formations which are intended to supply water to the well. The cas- ing shall extend at least ten feet below ground surface. Any an- nular space surrounding the casing pipe needed for drilling shall be filled with concrete grout to a depth of at least ten feet below the ground surface. Below ten feet, any clean fill material can be used. Where the unconsolidated material above consolidated rock is less than twenty feet deep and the casing ends in the con- s^lidated rock, the casing shall be effectively sealed in the rock. (e) Upper terminal of casing. The casing of every well shall project not less than six inches above the established grade at the well or above the pump house floor. The well contractor shall as- certain the established grade before completion of the well. Where a pitless adapter is used, it shall be designed to, and made of ma- r ' terials that will, keep soil and water from entering the well during the life of the casing. A below-ground connection shall not be su'Jmerged in water at the time of installation. Where a pump is not installed immediately following the construction of the well, the well shall be tightly sealed and suitaby vented. t Sec. 19-13-B51g. Well cover. (a) The cover of the dug well shall be made of substantial reinforced concrete at least four inches thick. Other material approved by the commissioner of health may be used. It shall be of sufficient diameter to overlap the casing or side walls by at least two inches. A tight joint shall be provided between the casing and cover. If a pump is set on the slab, the top of the slab shall be sloped to drain away from the pump or drop pipe sleeve. (b) A manhole shall be installed if the cover slab cannot be readily removed, and such manhole shall be provided with a curb 88 THE PUBLIC HEALTH CODE Sec.19.13•r01 g Chap.2 extending at least two inches above the slab and equipped with a -� watertight Overlapping he manhole Cover shall be locke or bolted in place in such Manner Tas top event tampering or shall be located in a locked housing. Sec. 19-13-B51h. Well pits—.general. (a) The use of a well Pit shall be avoided whenever practical. When used, it shall be large enough to permit ready access to equipment. (b) A well pit and its juncture with any other structure shall be watertight, or suitably drained to insure dryness as provided in section 19-13-1351i. (c) Every conduit or similar connection with a well pit shall be made watertight. Sec. 19-13-B51i. Well pit construction detail. (a) Where there is no danger of flood or back flow, the water from a pit shall be drained onto the surface of the ground. The pipe used shall be at a grade of not less than one-eighth inch per foot toward the out- let. The junction between the pit floor and the drain pipe shall be made watertight. The drain pipe and joints shall be watertight to a distance of twenty-five feet from the pit. Any drain to the ground surface shall be screened to prevent entrance of animals and insects. (b) No well pit drain shall be connected directly with any sewer, house drain or storm drain. The drainage of any well pit shall not be dependent on the operation of any pumping system except where gravity drainage at the location cannot be secured, in which case automatic-sump pumps may be installed with the con- currence of the approving authority. (c) When a well pit is constructed in impervious soil,no porous material shall be used as a base under the well pit floor.required,it shall be clean,impervious earth,well tamped. If fill is Sec. 19-13-B51 j- Well head arrangement. (a) Any equip- ment, piping or appurtenance, permanently installed in a well, shall be joined watertight to the well casing at the point of entrance to the well by a well top seal or equally effective means. (b) Every well in which .the drawdown is ten feet or more sl be fitted_ with__an_-adequate-air-vent. Such_vent shall be ex- ended_to the height of at least twelve inches above an y po high water level. The vent shall be shielded and screened ins such manner as to permit the entrance of air but keep out foreign matter. (c) The foundation for a reciprocating PUMP,shall be con- structed with sufficient clearance around the well casing and the base of the power head to permit the assembly in place of a water- tight well top seal. The well casing shall extend at least six inches above the floor. ___ (d) The foundation for a turhine IHENUBM HEAL 1H WUt oa Chap.2 Sec-19-ITB511 structed that the well opening is adequately covered and all openings through the base shall be sealed watertight.The well casing shall be installed at least six inches above the floor. (e) A hand pump shall be constructed so that a stuffing box or other arrangement prevents entrance of contamination around the pump rod.The pump spout shall be of covered type The base shall be of the one-piece flange type. Provision shall be made for leading waste water away from the top of the well.A hand pump shall be frostproof and shall not require priming. A hand pump shall be mounted: (1) When a well is used with iron pipe,upon a base flange which is attached rigid and watertight to the well casing;(2)on a concrete platform or similar structure when a well is not cased with iron pipe. A metal sleeve shall be used through the concrete platform or cover slab and extend above the slab into the pump base;or(3)by other sanitary method approved by the com- missioner of health. (Effective January 12, 1971) Sec. 19-13-B51k. Post-construction (a) On completion of the well,the well contractor shall pump or otherwise flush the well sufficiently to clear the water of cuttings. (b) The well contractor shall make a yield test to determine the quantity and stability of flow of water from the well. The date of the test and the maximum drop in water level in the well during the test shall also be recorded (drawdown).The rate of test pumping shall equal or exceed the rate of with- drawal required for the particular installation.In the case of nonpublic water supply wells with a required withdrawal rate less than ten gallons per mm- ute, the pumping period during the drilling and clearing may be included in the time of the yield test. The minimum length of such yield test shall be four hours for a well with a required withdrawal rate of less than ten -" --'T^'-- AM gallons per minute;'thirty-six hours for a well with the required withdrawal rate of from ten to fifty gallons per minute; and seventy-two hours for a _ well with a required withdrawal rate of more than fifty gallons per minute. Test pumping shall be continuous at a constant rate for the period required. In the case of a public well,drawdown shall have held essentially stable for the last twelve hours prior to the completion of the test.The well contractor or tester shall record the date of the yield test;the water level in the well shortly before the yield test begins; the length of the pumping period; the constant pumping rate;the water level in the well at reasonable intervals after pumping begins and within five minutes before the pumping ends;and the water level in the well at reasonable intervals thereafter for a sufficient time to allow recovery to the water level prior to the yield test. He shall furnish a copy of such record to the owner. (c) The pump installer shall disinfect each new well system before use. Disinfection-shall be-accomplished-by-treating the water-in-the-well,storage -- tank and connected piping with a chlorine solution of fifty milligrams per liter(parts per million)strength so as to obtain a residual of ten milligrams per liter(parts per million)of chlorine after three hours detention.The side walls and piping shall be rinsed with the chlorine solution.The chlorinated water shall not be removed from the water system until after a detention period of at least three hours. (Effective January 12, 1971) •An alternate test for low yield wells serving a single family:Remove all water from the completed well and measure rate of recovery. . It.6_ 6_. _____ d.___a..-I _t..._.__'"._.... 90 THE PUBLIC HEALTH CODE Sec. 19-1 t-B51 1. Feb. 2. 1988 Chap.2 Sec. 19-13-BSIL Testing (a) In the case of a nonpublic water supply well,the owner shall have the well sampled,after disinfection and all chlorine has been dissipated,for bac- teriological,physical and sanitary chemical examination.Approval of the local director of health of the results of such examination shall be obtained before the well water is used. (b) Public water supply wells shall be sampled by the state department of health or local director of health for bacteriological,physical and sanitary chemical examination. Approval of the commissioner of health shall be obtained before the well water is made available for use. (Effective January 12, 1971) Sec. 19-13451m. Well permits (a) Subject to subsections(b)and(c)below no water supply well permit shall be given until it has been demonstrated to the satisfaction of the direc- tor of health that public sewers are available or a subsurface sewage dis- posal system can be installed on the lot in compliance with Sections 19-13-13103a to 19-13-13104d, inclusive of the Regulations of Connecticut State Agencies. (b) No water supply well permit shall be given by the director of health: (1) To premises used for human occupancy when a community water sup- ply system having at least fifteen service connections or regularly serving at least twenty-five individuals is deemed available if the boundary of the parcel of property in which the premises is on or will be located on is within two hundred feet,measured along a street,alley or easement,of the approved water supply: or r— -' --- (2) To non-residential premises,where the water may be used for human consumption, when a community water supply system having at least fif- teen service connections or regularly serving at least twenty-five individ- uals is deemed available if the boundary of the parcel of property in which the premises is on or will be located on is within two hundred feet, mea- sured along a street, alley or easement, of the approved water supply. F (c) The commissioner of health services,or his or her designee,6nee',may grant --' an exception to subsection(b)above upon a finding that such exception will not adversely affect the purity and adequacy of the supply nor the service of the system or it is determined that: • (1) The community water system which serves the premises is unable to provide such premises with a pure and adequate supply of water: or (2) If construction problems warrant such action. (Effective February 2, 1988) See.-19-13-B32- Food or beverage g q machine operations. No person, firm or corporation shall operate or maintain within the state any self-service vending machine offered for public use which, upon insertion of a coin,coins or token or by other means,dispenses unit servings of food or beverages, either in bulk or package, with- out replenishing the device between each vending operation, except after compliance with the following requirements: (a) All foods, beverages and ingredients offered for sale through vending machines shall be manufactured, processed and prepared in establishments which comply with all anolicahle IocAL Sec. 19a-206. (Formerly Sec. 19-79).Duties of municipal directors of health.,.,; � health and preventing the spread of diseases;and,in any town within which there exists Nuisances and sources of filth.Injunctions.Civil penalties.Authority of town direct•... .a city or borough,the limits of which are not coterminous with the limits of such town, for within city or borough. (a)Town, city and borough directors of health or their; ;. such town director of health shall exercise the powers and duties of his office only in authorized agents shall,within their respective jurisdictions,examine all nuisances and R_such part of such town as is outside the limits of such city or borough,except that when sources of filth injurious to the public health, cause such nuisances to be abated and s'' .such city or borough has not appointed a director of health,the town director of health cause to be removed all filth which in their judgment may endanger the health of the `:shall, for the purposes of this section, exercise the powers and 'duties of his office inhabitants. Any owner or occupant of any property who maintains such property, `throughout the town,including such city or borough,until such city or borough appoints whether real or personal,or any part thereof,in a manner which violates the provisions a director of health. of the Public Health Code enacted pursuant to the authority of sections 19a-36 and 19a-e 37 shall be deemed to be maintaining a nuisance or source of filth injurious to the public,' (e) When such nuisance is abated or source of filth is removed from private property, health. Any local director of health or his authorized agent or a sanitarian authorized r such abatement or removal shall be at the expense of the owner or occupant of such by such director may enter all places within his jurisdiction where there is just cause to;:, property,or both,and damages for such abatement or removal may be recovered against suspect any nuisance or source of filth exists, and abate or cause to be abated such ` them by the town,city or borough in a civil action as provided in subsection(b)or in a nuisance and remove or cause to be removed such filth. #t;,'. separate civil action brought by the director of health or any official of such city,town " or borough authorized to institute civil actions. (b) When any such nuisance or source of filth is found on private property, such' (1949 Rev.,S.3850;1959,P.A.445;P.A.77 465;P.A.87-521,S.2.) director of health shall order the owner or occupant of such property,or both,to remove°" or abate the same within such time as the director directs.If such order is not com lied s History:1959 act added provision for director of health authorizing qualifiedperson to act;P.A.77-465 placed previous P provisions in Subsecs.(a)and(d)and added new provisions in Subsecs.(b),(c)and(e)clarifying general provisions re with, within the time fixed by such director: (1) Such director, or any official of such ? maintaining nuisance or source of filth injurious to public health stated in Subsec.(a)and added exception in Subsec.(d) town, city or borough authorized to institute actions on behalf of such town, city or...{ r m town health director's jurisdiction in cities or boroughs lacking health directors of their own;Sec.19-79 transferred to Sec.19a-206 in 1983;P.A.87-521 amended Subsec.(a)to provide for the delegation of duties to an authorized agent and borough,may institute and maintain a civil action for injunctive relief in any court of ' a sanitarian and to make technical changes. competent jurisdiction to require the abatement of such nuisance,the removal Of such f See Sec.21 a-62 re power of local health authority to order analyses of foods and medicines or other articles for human filth and the restraining and prohibiting of acts which caused such nuisance or filth,and consumption. such court shall have power to grant such injunctive relief upon notice and hearing;(2) See Sec.26-192g re duties of local directors of health with regard to unauthorized taking',of shellfish in contaminated or posted areas. the owner or occupant of such property,or both, shall be subject to a civil penalty of two hundred fifty dollars per day for each day such nuisance is maintained or such filth Towns not l to former section t9-79: Y P Y Y � Towns not liable for acts of health officers,acting in good faith,and doing no unnecessary damage.SL C.93-102.No allowed to remain after the time fixed by the director in his order has expired except distinction between nuisances and filth as to power of health officer.51 C.98,99.Health officer is not liable for error of that the owner or occupant of such property or any part thereof on which a public eating judgment when acting in good faith.51 C.93-102.Filth and nuisances may be removed although not endangering health at time of removal.51 C.102.Duty to prevent spread of disease.86 C.677.A person cannot be charged with a crime under place is conducted shall not be subject to the provisions of this subdivision,but shall this section until the time allowed in an order for compliance with its terms has expired.148 C.439.Cited.170 C.387, be subject to the provisions of subdivision(3). Such civil penalty may be collected in ': '. 389,390.Cited.Id.,675,678. a civil proceeding by the director of health or any official of such town,cityor borough First selectmen of towns have never possessed any authority concerning matters affecting the public health.8 CS 43L g History and purpose discussed;the nuisances referred to are confined to those injurious to public health.24 CS 242. city, authorized to institute civil actions and shall be payable to the treasurer of such town or borough, and (3) the owner or occupant of such property, or both, shall be Sec. 19a-207. (Formerly Sec. 19-80). Duties of local officials. Emergencies. subject to the provisions of sections 19a-36, 19a-220 and 19a-230. Regulations.The local director of health or his authorized agent or the board of health (c) If the director institutes an action for injunctive relief seeking the abatement of shall enforce or assist in the enforcement of the Public Health Code and such regulations s as may be adopted by the Commissioner of Public Health.Towns;cities and boroughs a nuisance or the removal of filth, the maintenance of which is of so serious a nature may retain the power to adopt,by ordinance,sanitary rules and regulations,but no such as to constitute an immediate hazard to the health of persons other than the persons s' rule or regulation shall be inconsistent with the Public Health Code as adopted by said maintaining such nuisance or filth,he may,upon a verified complaint stating the facts commissioner.In any emergency when the health of any locality lis menaced or when which show such immediate hazard,apply for an ex parte injunction requiring the abate- ment of such nuisance or the removal of such filth and restraining and prohibiting the any local board of health or director of health fails to comply with recommendations of the Department of Public Health,said department may enforce such regulations as may acts which caused such nuisance or filth to occur,and for a hearing on an order to show h be required for the protection of the public health. cause why such ex parte injunction should not be continued pending final determination (1949 Rev.,S.3806;1957,P.A.13,S.84;P.A.77-614,S.323,610;P.A.78-303,S.65,',136;P.A.87-521,S.3;P.A. on the merits of such action.If the court finds that an immediate hazard to the health of persons other than those persons maintaining such nuisance or source of filth exists, 93-381,S.9,39;P.A.95-257,s.12,21,58.) such ex parte injunction shall be issued,provided a hearing on its continuance endin History:P.A;77-614 replaced department of health with department of health services,effective January 1,1979;P.A. P g 78-303 replaced public health council with commissioner of health services;Sec. 19-80 transferred to Sec. 19a-207 in final judgment is ordered held within seven days thereafter and provided further that " 1983;P.A.87-521 provided for the appointment of an authorized agent to perform the duties jof the local director of health any persons so enjoined may make a written request to the court or judge issuing such and deleted reference to"quarantine"regulations re department's enforcement of regulations to protect the public health; P.A.93-381 replaced department and commissioner of health services with department and commissioner of public health injunction for a hearing to vacate such injunction,in which event such hearing shall be and addiction services,effective July 1,1993;P.A.95-257 replaced Commissioner and Department of Public Health and held within three days after such request is filed. Addiction Services with Commissioner and Department of Public Health,effective July 1,1995. (d) In each town, except in a town having a city or borough within its limits,the See Sec.19a-36 re public health code.Annotation to former section 19-80: town director of health shall have and exercise all the power for preserving the public Cited.166 C.337,342. STATE OF �ONNEIT CUT ) SS: SOUTH WINDSOR OCTOBE COUNTY OF HARTFORD ) R 15, 1993 Then and by virtue hereof, and by direction of the Director of Health, Town of South Windsor, Gerald L. Schwartz, M.D., I left a verified true and attested copy of the original Notice of Violation, Procedural Rules, Section 19-2A-34 Appeals and The Public Health Code October 25, 1989 with and in the hands of Louis Jacque, Manager and person in charge at the usual place of business of the within named BODY GRAPHICS at 575 John Fitch Boulevard in the said Town of South Windsor. The within is the original Notice of Violation, Procedural Rules, Section 19-2A-34 Appeals and The Public Health Code October 25, 1989 with my doings hereon endorsed. ATT ST: Walter Kup hunos, r. Deputy heriff FEE: 30.00 Hartford ounty TIX PUBLIC MALTH COVE October 25, 1989 Sec. 19a-36-A45 Tattooing of human beings No person shall tattoo a human being, except that tattooing may be performed by physicians authorized to practice medicine and surgery under the provisions of section 20-13 of the 1963 aupple- xent to the General statutes, or by an osteopathic Physician authorized to practice surgery under the provisions of section 20-21 of the 1963 supplement to the general statutes. 644 PUBLIC HEALTH AND WELL-BEING Title 19a Ch. 368e MUNICIPAL M subdivision (9) of section 21a-240 under the supervision of a physician by simultaneous and the chief executive officer of each toN (P.A.77-349,S.2.) borough Otherwise provides,nominate so; History:Sec. 19-73oo transferred to Sec. 19a-193 in 1983, town or borough, which nomination shall men,if there be such a board,Otherwise by Sec. 19a-194. (Formerly Sec. 19-73pp).Motorcycle rescue vehicles. (a)A motor burgesses of such borough within thirt da, cycle equipped to handle medical emergencies shall be deemed a rescue vehicle for the pur- sions of any city,town or borough with resp poses of section 19a-181. The director of the office of emergency medical services shall;. such director of health shall either be a licer issue a safety certificate to such motorcycle upon examination of such vehicle by said dire(- Public health as a result of at least one year, for or his designee and a determination that such motorcycle(1)is in satisfactory mechanical Public health administration,in a recognizes condition,(2)is as safe to operate as the average motorcycle and(3)is equipped with such" bmation of training and experience as mee emergency medical equipment as may be required by subsection(b)of this section. services.In cities,towns or boroughs with (b) The director of the office of emergency medical services shall adopt regulations' consecutive years,according to the estimate( section(b)of section 8-159a,such director of which shall specify the equipment a motorcycle must carry to operate as a rescue vehicle f rh is office,except where a town has design pursuant to this section. Such equipment shall include those items that would enable an Public schools under section 10-205, emergency medical technician,paramedic or other individual similarly trained to render to a Person requiring emergency medical assistance the maximum benefit possible from the- which director of health w ed lalhave and exercise wit operation of such motorcycle rescue vehicle. which he is a necessarywers the public health code relating to the presal fc (P.A. 78-156,S. 1.) preventing the spread of diseases therein.In c History:sec.19-73pp transferred to Sec. 19a-194 in 1983. town or borough director Of health or if a vac Sec. 19a-195. Regulations re staffing of emergency medical response vehicles; appointing authority of such city,town or bor sioner of health services,designate in wriThe commissioner shall adopt regulations in accordance with the provisions of chapter 54 to health during the period Of such absence oting require all emergency medical response services to be staffed by at least one certified emer may appoint gency medical technician, who shall be in the patient compartment attending the patien desig ted when sworn,shall have all the'to during all periods in which a patient is being transported,and one certified medical response director.In case of vacancy in the office of sui technician. PO' (P.A.s1-26o.> * Said said commissioner may appoint a direct( Sec. 19a-195a. Regulations re recertification of emergency medical services tech' commissioner,may,for cause,remove an t sor in said office,and the common council of s1 nicians.The commissioner of health services shall adopt regulations in accordance with th °ugh may,respectively,for cause,remove a dire provisions of chapter 54 to provide that any person who has completed six years of continti- by them,provided such removal shall be approi ous service as an emergency medical services technician shall be recertified everythree days thereafter,notice in years rather than every two years. For the purpose of maintaining an acceptable level o °r borough,as the case ma ben o said comm such is s: proficiency,each emergency medical services technician who is recertified for athree- ear eceived such notice, file with the clerk froms w period shall complete twenty-five hours of refresher training approved by the commissions disapproval.Each such director of health shall ho at intervals not to exceed thirty-six months. date of his appointment and until his successor i; (P.A.83-240.) with this section.Each director of health shall,a1 Secs. 19a-196 to 19a-199. Reserved for future use. city,town or borough,file with the department such director for the year preceding. (b) On and after July 11 1988, each munici CHAPTER 368e* sanitarian certified under chapter 395 to work u health. Where practical,the local director of heal MUNICIPAL HEALTH AUTHORITIES (c) As used in this chapter,"authorized agent' *Annotations to former chapter 335: ter 395 and any individual certified for a specific History of law.76 C. 162. commissioner of health services in accord Cityh wer-to-enforce municipal housing code 36 CS 103, 107.. accordance wit (1949 Rev. ;3848 197] P.A.325 S.1;1972 P.A.65;239,S. S.323,610 P.A.78 303 S.63 136;P.A.8¢26 S 1.P.A. g7.521, Sec. 19a-200. (Formerly Sec.19-75).City,borough and town directors of health History.1971 act included directors of health for towns nominated Sanitarians.Authorized agents.(a)The mayor of each city,the warden of each borough Licensed h shat ns or requirement that nominees be"discreet"and"learned in medical and Physicians possessors of"graduate"degree in public heal i AND WELL-BEING Title 19a Ch. 368e MUNICIPAL HEALTH AUTHORITIES 6� ie supervision of a physician by simultaneous and the chief executive officer of each town shall, unless the charter of such city, town borough otherwise provides, nominate some person to be director of health for such cit, 3. town or borough, which nomination shall be confirmed or rejected by the board of selec men,if there be such a board,otherwise by the legislative body of such city or town or by th p).Motorcycle rescue vehicles. (a)A motor- burgesses of such borough within thirty days thereafter.Notwithstanding the charter prov; sions of any city,town or borough with respect to the qualifications of the director of health .es shall be deemed a rescue vehicle for the pur such director of health shall either be a licensed physician or shall hold a graduate degree he office of emergency medical services shall public health as a result of at least one year's training,including at least sixty hours in loc ii a rpon examination of such vehicle by said direc- public health administration,in a recognized school of public health or shall have such com ich motorcycle(1)is in satisfactory mechanical bination of training and experience as meets the approval of the all of heal ;rage motorcycle and(3)is equipped with such services. In cities,towns or boroughs with a population of forty thousand or more for five wired by subsection(b)of this section. consecutive years,according to the estimated population figures authorized pursuant to sub- section(b)of-section 8-159a,such director of health shall devote his entire time to the duties cle must c of his office,except where a town has designated such director as the chief medical adviser y airy to operate as a rescue vehicle hall include those items that would enabl for its public schools under section 10-205, and shall not engage in ri racvate e an director of health shall have and exercise within the limits of p town p t1ce. Sucl other individual similarly trained to render to a which he is appointed all w the ci ty, or borough for ante the maximum benefit possible from the po ers necessary for enforcing the general statutes,provisions of the public health code relating to the preservation and improvement of the public health and preventing the spread of diseases therein.In case of the absence or inability to act of a city, s. town or borough director of health or if a vacancy exists in the office of such director, the appointing authority of such city,town or borough may,with the approval of the commis- ; ` sioner of health services,designate in writing a suitable person to serve as actin g director of of emergency medical response vehicles. accordance with the provisions of chapter 54 to ' health during the period of such absence or inability or vacancy provided the commissioner Ices to be staffed by at least one certified emer- may appoint such acting director if the city,town or borough fails to do so. The person so :he patient compartment attending the patient designated, when sworn, shall have all the powers and be subject to all the duties of such ransported,and one certified medical response director.In case of vacancy in the office of such director,if such vacancy exists for thirty days, said commissioner may appoint a director of health for such city,town or borough. Said commissioner,may,for cause,remove an officer appointed by him or by any predeces- sor in said office,and the common council of such city,town or the burgesses of such bor- fication of emergency medical services tech= ough may,respectively,for cause,remove a director whose nomination has been confirmed shall adopt regulations in accordance with the:; by them,provided such removal shall be approved by said commissioner;and,within two erson who has completed six years of continu days thereafter,notice in writing of such action shall be given by the clerk of such city,town .es technician shall be recertified every three, or borough,as the case may be,to said commissioner,who shall,within ten days after he has purpose of maintaining an acceptable level of, received such notice,file with the clerk from whom he received the same his approval or :s technician who is recertified for a three-year disapproval.Each such director of health shall hold office for the term of four years from the iesher training approved by the commissioner date of his appointment and until his successor is nominated and confirmed in accordance with.this section.Each director of health shall,annually,at the end of the fiscal year of the city,town or borough,file with the department of health services a report of his doings as 3 such director for the year preceding. 'future use. (b) On and after July 1, 1988, each municipality shall provide for the services of a sanitarian certified under chapter 395 to work under the direction of the local director of :R 368e* health.Where practical,the local director of health may act as the sanitarian. TH AUTHORITIES (c) As used in this chapter,"authorized agent"means a sanitarian certified under chap- ter 395 and any individual certified for a specific program of environmental health by the commissioner of health services in accordance with the public health code. (1949 Rev.,S.3848;1971,P.A.325,S.1;1972,P.A.65;239,S.2;P.A.75-352;75-573,S.1;P.A.77-598,S.1;77-614, 103, 107. S.323,610;P.A.78-303,S.63,136;P.A.84-26,S.1;P.A.87-521,S.1;June Sp.Sess.P.A.91-12,S.12;P.A.92-8,S.2.) :ity,borough and town directors of health:; history:1971 act included directors of health for towns nominated by town chief executive officer;1972 acts deleted general requitement that nominees be"discreet"and"learned in medical and sanitary science",requiring instead that all nominees be yor of each city,the warden of each borough, licensed physicians or possessors of"graduate"degree in public health"including at least sixty hours in local public health 646 PUBLIC HEALTH AND WELL-BEING Title 19a Ch. 368e MUNICIPAL HEA History:Sec. 19-75b transferred to Sec. 19a-202 in 1983:. administration",required that in places with population of 40,000 or more,director must not engage in private practice,required y health departments from twenty to thirty cents;P.A.87-414 it confirmation or rejection of nominee by"legislative body"rather than by"common council"and modified requirement that from thirty to fifty-two cents;P.A.92-30 changed payment t health director devote full time to duties by allowing him to serve as chief medical adviser for public schools;P.A.75-352 made'? qualifications for health director mandatory"notwithstanding the charter provisions of any city,town or borough"with respect to such qualifications;P.A.75-573 specified action on nomination to be taken by board of selectmen if there is one;P.A.77-598 Sec. 19a-203. (Formerly Sec.19.76). clarified reference to appointment of interim director in cases where vacancy exists in the office;P.A.77-614 replaced commis- sioner and department of health with commissioner and department of health services,effective January I,1979;P.A.78-303 required approval of training and experience of health directors by commissioner rather than public health council and removed the municipality affected may, by ordinar, provision requiring consent of public health council for removal of officer;Sec.19-75 transferred to Sec.19a-200 in 1983;P.A. unieipa such s of m 84-26 authorized the appointing authority of a city,town or borough to appoint an acting director of health during a period of f CK ordinance health",provided the clerk rk of ten S afte absence,inability or vacancy in the office provided the commissioner may appoint such director if the local authority fails to do y so;P.A.87-521 redefined powers of the director of health to include those necessary to enforce applicable statutes and provi effect o SU sions of the health_code and added Subsecs. (b)and(c)re sanitarians and authorized agents;June Sp.Sess.P.A.91-12 amended ? (1953,S.2065d.) Subsec.(a)to require that department use its own estimated population figures rather than those of the latest federal census;P.A. History:Sec. 19-76 transferred to Sec. 19a-203 in 1983. 92-8 amended Subsec.(a)to require a full-time director of health in towns with a population of forty thousand or more for five consecutive years. Annotations to former section 19-75: Sec. 19a-204. (Formerly Sec. 19-77). Borough health officer can make lawful quarantine order. 86 C. 680.Requires appointment of single official by method certificate of the appointment of any town,l pointed out.74 C.695.Origin and effect of exception as to special charters.86 C.61.A term fixed by statute cannot be changed :? with the commissioner of health services b, by the appointing power.121 C.300.History of statute.Id.When commencement of term fixed by the appointment first made, each term commences at end of preceding term.Id. such director is also, by reason of any spec Distinction between de jute and de facto vacancy;respective power of mayor and county health office to appoint city health `, municipality, the person making such appo: officer discussed.3 CS 154. secretary of the state and to the clerk of the m Sec. 19a-201. (Formerly Sec. 19-75a). Appointment of director by municipality a certified notice of such appointment. Sucl or district and hospital jointly.Any town,city or borough by vote of its legislative body, !< form: and any district department of health by vote of its board may enter into a contractual :4 arrangement with a hospital approved for this purpose by the commissioner of health serv- ' I hereby certify that....was appointed on the ices,to jointly appoint a director of health for such municipality and jointly pay his salary. the town(borough,city)of....and,under sl Such director shall have the qualifications set forth in section 19a-244, provided he may deaths of such town(borough,city)from thl share his time between such municipality and such hospital as approved by said commission- .....A.D. 19... er. (1971,P.A.337;P.A.78-303,S.64,136.) History:P.A.78-303 replaced public health council with commissioner of health services;Sec.19-75a transferred to Sec.` Said secretary and such clerk shall each,in 19a-201 in 1983. names of such registrars and may severally cl Sec. 19a-202. (Formerly Sec. 19-75b).Payments to municipalities.Upon applica- ' the registrars of vital statistics of their respe tion to the department of health services any municipal health department shall annually for which they were respectively appointed. , receive from the state an amount equal to fifty-two cents per capita,provided such munici- , before entering upon the duties of his office, pality(1)employs a full-time director of health,except that if a vacancy exists in the office of (1949 Rev.,S.3849;1955,S.2066d;1967,P.A.59,S. director of health or the office is filled by an acting director for more than three months,such History: 1967 act substituted clerk of the municipality I municipality shall not be eligible for funding unless the commissioner of health services replaced commissioner of health with commissioner of health waives this requirement;(2)submits a public health program and budget which is approved, 19a-204 in 1983. by the commissioner of health services; and (3) appropriates not less than one dollar per capita,from the annual tax receipts,for health department services.Such municipal depart Sec. 19a-205. (Formerly Sec. 19-78) ment of health is authorized to use additional funds,which the department of health serviceO director of health shall be paid by the treas may secure from federal agencies or any other source and which it may allot to such municl-_l duties of his office for his actual services ar pal department of health.The money so received shall be disbursed upon warrants approved and necessary expenses shall be rendered by by the chief executive officer of such municipality. The comptroller shall annually in July_ April, July, October and January for the p1 and upon a voucher of the commissioner of health services,draw his order on the treasurer in_- director of health shall receive such comps favor of such municipal department of health for the amount due in accordance with the,` burgesses of the city or borough for which b provisions of this section and under rules prescribed by said commissioner. Any moneys so fixed,he shall receive payment for his ac remaining unexpended at the end of a fiscal year shall be included in the budget of such (1949 Rev.,S.3631;P.A.77-614,S.323,.610;P.A.9: municipal department of health for the ensuing year. This aid shall be rendered from History:P.A.77-614 replaced commissioner of health wil appropriations made from time to time by the general assembly to the department of health 19-78 transferred to Sec.19a-205 in 1983;P.A.92-8 deleted services for this purpose. Annotation to former section 19-78: - - --- - - "Expenses"defined:76 C 1 - (P.A.78-251,S.3,4,7;P.A.85 421,S. 1,3,P.A.87-414,S. 1,3;P.A.92 30.) k 2 • THE PUBLIC HEALTH CODE 457 Chap.T Sec.19-2a-25 See. 19-2a-25. Motion before or after hearing. Any motions not made during the hearing shall be in writing stating the order or relief applied for and the grounds therefore. The original and two codes of any such motion shall be filed with the presiding officer within five(5)calendar days after date of notice of the hearing.Replies or objections to such motion,if any,with two copies shall be filed with the presiding officer within three(3)days.Copies of all motions and responses thereto shall be mailed to the respondent or the petitioner as the case may be. Sec. 19-2a-26. Joinder of proceedings. Two or more pro- ceedings may be heard together by the presiding officer in his discretion. Sec. 19-2a-27. Continuation of hearing. The presiding officer may continue a hearing from day to day or adjourn it to a later date or to a different place by announcement thereof at the hearing or by appropriate notice at his discretion. Sec. 19-2a-2& Depositions. The commissioner or the presid- ing officer, on his own motion or written application of a party,may take or cause to be taken depositions of witnesses residing within or without the state on such terms and conditions as he deems appropriate. Sec. 19-2a-29. Application to reopen a hearing. A respond- entmay apply to a board,commission or commissioner for the reopen- ing of a previously closed proceeding for good cause shown within twenty (20)days of the issuance of a memorandum of decision or the commissioner may apply to the board or commission to whom the compplaint was presented for adjudication for a reopening of the pro- ceeding. Upon such application, the board, commission,or commis- sioner may reopen any matter previously closed and vacate any order made thereon whenever justice so requires, after notice of such re- opening has been given to all parties and an opportunity for hearing has been extended. ARTICLE SIX Findings and orders Sec. 19-2a-3Q Memorandum of decision. (a) On those occasions when the presiding officer has been designated by the com- missioner as the hearing officer, the presiding officer shall render proposed findings of fact, conclusions of law, and a recommended decision and order, if appropriate, to the commissioner for decision. The commissioner shall consider the recommendations of the presid- ing officer in accordance with section 4-179 of the Connecticut Gen- eral Statutes. (b) When complaints are presented to aboard or commission for adjudication, the board or commission shall set forth its findings of fact, conclusions of law, decisions and orders, if any. (c) All proposed and final memoranda of decisions shall be mailed,certified mail,return receipt requested to both the petitioner and the respondent. Chap. 7 The Public Health Code July 19% 459 Sec. 19-2a-34 (d) Telephonic communication of a notice of appeal to the office of the com. missioner shall be satisfactory as an initial notice of appeal provided writ. ten confirmation from the person claiming to be aggrieved is received by the department within seven days of the oral notice. ( (e) The hearing on the appeal shall be a de now proceeding conducted in accordance with rules of practice of the department. (1) Any order issued by a local director of health shall include notice of the right to appeal and shall have the rules of practice attached. ARTICLE TEN Hearing Procedures for Contested Cases Part 1 Parties, Intervention, and Participation Sec. 19-2a-35. Scope The following regulations shall apply to all contested case proceedings within the Department of Health Services including but not limited to emergency medical services rate setting and need for services. Sec. 19-2a-36. Designation of parties (a) Designation as party.The presiding officer shall admit as a party any a))plicant,petitioner,licensee or respondent in the contested case.In addi. tion,the presiding officer shall consider all petitions filed in accordance with subsections(b)and(c)below and shall admit as a party any other person whose participation as a party is necessary to the proper disposition of such case and who will be substantially and specifically affected by the proceeding. (b) Filing of petition.Any person that proposes to be admitted as a par- ty to any proceeding shall file a written petition to be so designated not later than five(5)days before the date of the hearing of the proceeding as a con. tested case. (c) Contents of petition.The petition to be designated a party shall state: (1) the name and address of the petitioner; (2) the manner in which the petitioner claims to be substantially and specifically affected by the proceeding; (3) the contention of the petitioner concerning the issue of the proceeding; (4) the relief sought by the petitioner; (5) the statutory or other authority therefore; (6) a summary of any evidence that the petitioner intends to present in the event the petition is granted; and (7) the way in which the party will be substantially and specifically affected by the proceeding. Sec. 19-2a-37. Designation of an intervenor (a) Bequest to participate.Prior to the commencement of oral testimony in any hearing in a contested case,any person may request permission from the presiding officer to participate in the hearing as an intervenor. (b) Contents of requests. The request of the proposed intervenor shall: state such person's name and address;state the interest affected by the pro- ceeding;describe the manner and extent to which that person proposes to participate in the hearing,describe the manner in which such participation will furnish assistance to the commissioner in resolving the issues of the case; and summarize any evidence that person proposes to offer. ND WELL-BEING Title 19a Ch. 368e MUNICIPAL HEALTH AUTHORITIES 649 Duties of municipal directors of health, ough,the limits of which are not coterminous with the limits of such town,such town direc- Civil penalties.Authority of town director for of health shall exercise the powers and duties of his office only in such part of such town )rough directors of health or their authorized as is outside the limits of such city or borough,except that when such city or borough has not is,examine all nuisances and sources of filth appointed a director of health, the town director of health shall, for the purposes of this ices to be abated and cause to be removed all section,exercise the powers and duties of his office throughout the town,including such city he health of the inhabitants. Any owner or or borough,until such city or borough appoints a director of health. roperty,whether real or personal,or any part ,ns of the public health code enacted pursuant (e) When such nuisance is abated or source of filth is removed from private property, ,hall be deemed to be maintaining a nuisance such abatement or removal shall beat the expense of the owner or occupant of such property, Any local director of health or his authorized Or both,and damages for such abatement or removal may be recovered against them by the T may enter all places within his jurisdiction town, city or borough in a civil action as provided in subsection(b)or in a separate civil e or source of filth exists,and abate or cause action brought by the director of health or any official of such city,town or borough autho- e to be removed such filth. rized to institute civil actions. (1949 Rev.,S.3850;1959,P.A.445;P.A.77-465;P.A.87-521,S.2.) th is found on private property,such director History: 1959 act added provision for director of health authorizingqualified q person t act;P.A lch property,Or both,t0 remove OI abate the provisions in Subsecs. (a) and(d) and added new provisions in Subsecs. (b), (c)and( .77-465 placed previous (e)clarifying general provisions re ?such order is not complied with,within the maintaining nuisance or source of filth injurious to public health stated in Subsec.(a)and added exception in Subsec.(d)re town )r any official Of such town,city or borough health director's jurisdiction in cities or boroughs lacking health directors of their own;Sec.19-79 transferred to Sec.19a-206 in 1983;P.A.87-521 amended Subsec.(a)to provide for the delegation of duties to an authorized agent and a san itarian to and:h town,city or borough, may institute and make technical changes. ly court of competent jurisdiction to require See Sec.2la-62 re power of local health authority to order analyses of foods and medicines or other articles for human such filth and the restraining and prohibiting consumption. See Sec.26-192g re duties of local directors of health with regard to unauthorized taking of shellfish in contaminated or d such court shall have power to grant such posted areas, he owner or occupant of such property,Or Annotations to former section 19-79: Towns not liable for acts of health officers,acting in good faith,and doing no unnecessary damage.51 C.93-102.No lndred fifty dollars per day for each day SUCK -emam after the time fixed by the director in distinction between nuisances and filth as to power of health officer.51 C. 98, 99. Health officer is not liable for error of judgment when acting in good faith.51 C.93-102.Filth and nuisances may be removed although not endangering health at time occupant of such property Or any part thereof of removal.51 C.102.Duty to prevent spread of disease.86 C.677.A person cannot be charged with a crime under this section Mall not be subject to the provisions of this until the time allowed in an order for compliance with its terms has expired.148 C.439.Cited.170 C.387,389,390.Cited.Id., 675,678. lS Of SUbdiV1SI0II(3).Such CIVIL penalty may First selectmen of towns have never possessed any authority concerning matters affecting the public health.8 CS 431.History'of health or any official of such town,city or and purpose discussed;the nuisances referred to are confined to those injurious to public health.24 CS 242. shall be payable to the treasurer of such city, of such property,or both,shall be subject to Sec. 19a-207. (Formerly Sec.19-80).Duties of local officials.Elp�rgencies.Regu- lations.aations. The local director of health or his authorized agent or the board of health shall enforce or assist in the enforcement of the public health code and such regulations as may be ajunctive relief seeking the abatement of a adopted by the commissioner of health services.Towns,cities and boroughs may retain the Ice of which is of so serious a nature as to power to adopt,by ordinance,sanitary rules and regulations,but no such rule or regulation persons other than the persons maintaining shall be inconsistent with the public health code as adopted by said commissioner. In any :omplaint stating the facts which show such emergency when the health of any locality is menaced or when any local board of health or c)n requiring the abatement of such nuisance director of health fails to comply with recommendations of the department of health serv- prohibiting the acts which caused such nui- ices,said department may enforce such regulations as may be required for the protection of der to show cause why such ex parte injunc- the public health. [lunation on the merits Of such action.If the (1949 Rev.,S.3806; 1957,P.A. 13,S.84;P.A.77-614,S.323,610;P.A.78-303,S.65, 136;P.A.87-521,S.3.) h Of perSOlIS OtheI than those peISOIIS main- History:P.A.77-614 replaced department of health with department of health services,effective January 1, 1979;P.A. such ex pane injunction shall be issued, 78-303 replaced public health council with commissioner of health services;Sec.19-80 transferred to Sec.19a-207 in 1983;P.A. inal judgment is ordered held within seven 87-521 provided for the appointment of an authorized agent to perform the duties of the local director of health and deleted reference to"quarantine"regulations re department's enforcement of regulations to protect the public health. ions so enjoined may make a written request hearing to vacate such injunction,in which See See. 19a-36 republic health code. Annotation to former section 19-80: vs after such request is filed. cited. 166 C.337,342. city or borough within its limits,the town Sec. 19a-208. (Formerly Sec.19-81).Health conferences.Town,city,borough and power for preserving the public health and district directors of health shall attend conferences called by the department of health serv- iwn within which there exists a city or bor- ices to consider matters relating to public health,and the necessary expenses incident to such 552 PUBLIC HEALTH AND WELL-BEING Title h `Ch. 368a DEPARTMENT OF Hl summons for violation of such restrictions or prohibitions.Any person who fails to co " public swimming pool, six hundred dollars; (� with any such prohibition or restriction shall be fined not more than twenty-five dollars, public swimming pool,two hundred dollars;(3 the court or traffic or parking authority having jurisdiction of traffic or parking violations`, one hundred dollars;(4)reinspection of each p the town in which such facility is located shall have jurisdiction over violations of this (5)review of each small flow plan for subsurfac tion. {6)review of each large flow plan for subsurfac (P.A.80-49,S. 1.) (1949 Rev.,S.3800;1959,P.A.628,S.2;1961,P.A.140;P. History:Sec. 19-10a transferred to Sec. 19a-33 in 1983. ;117.) History:1959 act added provision re field sanitation;1961 act Sec. 19a-34. (Formerly Sec. 19-11).Administration of federal funds for h vded that code may include regulations requiring restro°m 1 laced public health council with commissioner of health servic survey and construction. The department of health services is designated as the -36 in 1983;May Sp.Sess.P.A.92-6 added new Subsec.(b; agency to administer the Hospital Survey and Construction Act authorized under Title bmittea plan review,public swimming pool inspection and rei Construction of Hospitals,of the Public Health Service Act,as amended,and shall sewage disposal. and distribute federal,state and other funds which may become available for such Se rvi =see chapter 54 re uniform administrative procedure. .See Sec. 19a-207 re duties of local health officials in enfotch (1949 Rev.,S.4198;1955,S.2138d;P.A.97-614,S.323,610.) See Sec. 19a-495 re regulation of health care institutions. Annotations to former section 19-13 and present section: History:P.A.77-614 replaced department of health with department of health services,effective January 1,1979;See: Cited. 166 C.337,342.Cited. 172 C.88,92. transferred to Sec. 19a-34 in 1983. Cited. 12 CA 57,69. Sec. 19a-35. (Formerly Sec.19-12).Federal funds for health services to chil Sec. 19a-36a. Regulations concerning fc Advisory board.(a)The department of health services is designated as the state agent - ices shall adopt regulations,in accordance receive and administer federal funds which may become available for health servi at food service establishments employ as food children. a food handling techniques and to set require: such establishments.Such regulations shall i1 (b) The commissioner of health services may create an advisory board compo -food service establishments and their employ representatives of public departments and private agencies concerned with welf blishments and responsibilities of local heal educational interests and individuals to assist him in making plans and allotting funds; ood establishments. (1949 Rev.,S.3826;P.A.77-614,S.323,610.) A.89-308.) History:P.A.77-614 replaced commissioner and department of health with commissioner and department of health effective January 1, 1979;Sec. 19-12 transferred to Sec. 19a-35 in 1983. SeC. 19a-37. (Formerly Sec. 19-13a). See Sec. 19a-50 re crippled children and those with cardiac defects. rings.(a)The commissioner of health service e for the preservation of the public health per Sec. 19a-36. (Formerly Sec.19-13).Public health code.Fees(a)The commissi ter supply wells or springs for residential cons of health services shall establish a public health code and, from time to time, amend )inspection for compliance with the provision same. The public health code may provide for the preservation and improvement o section 22a-354p. public health.Drainage and toilet systems to be installed in any house or building arrang designed for human habitation, or field sanitation provided for agricultural wo. (b) The commissioner of health services s migratory farm laborers, shall conform to minimum requirements prescribed in said apter 54, for the testing of water quality in p Said code may include regulations requiring toilets and handwashing facilities in I titer quality test conducted on a private well wi stores,as defined in such regulations,in shopping centers and in places dispensing f property served by such well shall be reportea drink for consumption on the premises,for the use of patrons of such establishments,ex. ality where the property is located. that the provisions of such regulations shall not apply to such establishments construe altered pursuant to plans and specifications approved or building permits issued pr 0959,P.A.30;P.A.77-614,S.475,610;P.A.89-305,S.2 October 1, 1977.Each regulation adopted by the commissioner of health services shall History:P.A.77-614 replaced public health council with corm the date on which it shall take effect and a co thereof, signed b the commissio,` 13a transferred to Sec. 19a-37 in 1983;P.A.89-305 added'pre ' copy g y er protection regulations;P.A.92-251 added Subsec.(b)re i health services,shall be filed in the office of the secretary of the state and a copy sent b- commissioner to each director of health,and such regulation shall be published in such__ Sec. 19a-37a. Regulations establishing ner as the commissioner of health services may determine. Any person who violates Ater supplies resulting from installation of provision of the public health code shall be fined not more than one hundred dollars or oner of health services shall adopt regulations i coned not more than three-months_or both._ establishing-standards to-prevent-contamin, "uIt from the installation of automatic fire extiz (b) Notwithstanding any regulations to the contrary, the commissioner of health'~ public water system as defined in subsection(; ices shall charge the following fees for the following services:(1)Review of plans for' provide that any person engaged in the insi ,TH AND WELL-BEING Title,. 368a DEPARTMENT OF HEALTH SERVICES 553 s or prohibitions.Any person who fails to comp all be fined not more than twenty-five dollars 'ublic swimming pool, six hundred dollars; (2)review of each resubmitted plan for each ublic swimming pool,two hundred dollars;(3)inspection of each public swimming pool ving jurisdiction of traffic or parking violations one hundred dollars; 4)reins ection of each public swimming shall have jurisdiction over violations of this ( P P g pool, seventy-five dollars; (5)review of each small flow plan for subsurface sewage disposal;one hundred dollars'and (6)review of each large flow plan for subsurface sewage disposal,five hundred dollars. 3_ g. (1949 Rev.,S.3800;1959,P.A.628,S.2;1961,P.A.140;P.A.77-282;77-614,S.345,610;May Sp.Sess.P.A.92-6,S. 1117.) History:1959 act added provision re field sanitation;1961 act substituted public health code for sanitary code;P.A.77-282 .Administration of federal funds for h i~ provided that code may include regulations inquiring restroom facilities in large stores,shopping centers etc.;P.A. 77-614 nt of health services is designated as th� replaced public health council with commissioner of health services,effective January 1,1979;Sec. 19-13 transferred to Sec. Ind Construction Act authorized S 19a-36 in 1983;May Sp.Sess.P.A.92-6 added new Subsec.(b)to establish fees for public swimming pool plan review and udder Title face sewage plan review,public swimming pool inspection and reinspection and review of small and large flow plan for subsur- %alth Service Act,as amended,and shall reeeiv face sewage disposal. See chapter 54 re uniform administrative procedure. which may become available for such services. See Sec. 19a-207 re duties of local health officials in enforcing public health code. 323,610J See Sec. 19a-495 re regulation of health care institutions. lepartment of health services,effective January 1,1979;Sec Annotations to former section 19-13 and present section: 19-11 Cited. 166 C.337,342.Cited. 172 C.88,92. Cited. 12 CA 57,69. Federal funds for health services to children. Sec. 19a-36a. Regulations concerning food operators.The commissioner of heal th services shall adopt 1th services is designated as the state agency to i regulations,in accordance with the provisions of chapter 54,to assure I may become available for health services to: that food service establishments employ as food operators persons who have a knowledge of safe food handling techniques and to set requirements for the employment of food operators by such establishments.Such gulations shall include,but not li tedto,res; liti s may create an advisory board c es omposed of of food service estab ishme is and their employees,a emptions for certainl s certain clmi asses of foodprivate agencies concerned with welfare and, establishments and responsibilities of local health departments in monitoring compliance of him in making plans and allotting funds. food establishments. t of health with commissioner and de (P.A.89-308.) 35 in 1983. department of health services,, defects. Sec. 19a-37._ (Formerly Sec. 19-13a). Regulation of water supply wells and springs.(a)The commissioner of health services may adopt regulations in the public health lblic health code.Fees(a)The commissioner`' code for the preservation of the public health pertaining to(1)protection and location of new dth code and, from time to time, amend the£ water supply wells or springs for residential construction or for public or semipubke use,and or the preservation and improvement of the (2)inspection for compliance with the provisions of municipal regulations adopted pursuant installed in any house or building arranged or;_ to section 22a-354p. tation provided for agricultural workers or imum requirements prescribed in said code. (b) The commissioner of health services shall adopt regulations, in accordance with toilets and handwashing facilities in large chapter 54, for the testing of water quality in private residential wells. The resins of any "Water quality test conducted on a private well within three months of the sale of am res ring centers and in places dispensing food or iden- ise of patrons of such establishments,except - tial Property served by such well shall be reported to the public health authority offie munic- apply to such establishments constructed or ipality"There the property is located. )proved or building permits issued prior to 'ti (1959,P.A.30;P.A.77-614,S.475,610;P.A.89-305,S.26,32;P.A.92-251.) e commissioner of health services shall state History:P.A.77-614 replaced public health council with commissioner of health services,effective Januar+.. 1979;Sec. py thereof, signed by the commissioner Of 19-13a transferred to Sec. 19a-37 in 1983;P.A.89-305 added provision concerning inspection for compliance um municipal secretary of the state and a copy sent by said aquifer protection regulations;P.A.92-251 added Subsec.(b)re testing of private residential wells. h regulation shall be published in such man- determine. Any person who violates Sec. 19a-37a. Regulations establishing standards to prevent contamination of any water supplies resulting from installation of fire extinguishing systems.Tim ommis_ not more than one hundred dollars or impri- sioner of health services shall adopt regulations in accordance with the provisions it chapter 54 establishing standards to prevent contamination of public water supplies inch may result from the installation of automatic fire extinguishing systems in any buildin_xrved by :ontrary, the commissioner of health serv- a public water system as defined in subsection(a)of section 25-33d.Such reguLmi ins shall wing services:(1)Review of plans for each also provide that any person engaged in the installation of an automatic fire extablishing WELL-BEING Title 19a Ch.368f DISTRICT DEPARTMENTS OF HEALTH 659 d jurors,cities'attorneys and town,city,borough or police with court of common pleas and"circuit'with"county or vessel so anchored or moored within the limits so designated.Service of notice may be made h superior court and"prosecuting attorneys"with"state's by any officer or indifferent person by leaving with or reading to the person having immedi- meys", effective July 1, 1978;P.A. 78-280 deleted "f ate charge of any such houseboat or other vessel a copy of this section, together with a description in writing of the limits which have been so designated. nufacture and treatment of oil and gar- (1949 Rev.,S.3864.) a in Stonington.No person or corporation History:Sec. 19-102 transferred to Sec. 19a-228 in 1983. Old Lyme or Stonington,or in any waters acturing from fish or garbage any oil,gua- Sec. 19a-229. (Formerly Sec. 19-103). Appeal. Any person aggrieved.by an order ;ndering or treating garbage or other filthy issued by a town,city-or borough director of health may,within forty-eight hours after the ngage in the business of processing of fish making of such order,appeal to the commissioner of health services, who shall thereupon ?ly to the continuance of any such business immediately notify the authority from whose order the appeal was taken,and examine into my of said towns had been erected prior to the merits of such case,and may vacate,modify or affirm such order. me specific business during the year 1908, (1949 Rev.,S.3865;P.A.77 614,S.323,610.) e property owned by such person or corpo- and disposal within any of said towns of History:P.A.77-614 replaced commissioner of health with commissioner of health services,effective January 1,1979;Sec. 19-103 transferred to Sec. 19a-229 in 1983. ng within such town,or to the filleting and Annotations to former section 19-103: 1 within the town of Stonington. Cited. 174 C. 195,199. Cited.21 CS 347.This section does not apply to appeals under section 7-153.26 CS 266,273. 30,S. 1.) c.19-98 transferred to Sec. 19a-225 in 1983. Sm. 19a-230. (Formerly Sec. 19-104). Fines and penalties. Any person who vio- lates any provision of this chapter or any legal order of a director of health or board of health, rading and transportation of fertilizers. for which no other penalty is provided,shall be fined not more than one hundred dollars or Mors of health shall have power to make `, imprisoned not more than three months or both. which,and the manner in which,manure or cars and transported upon the highways, (1949 Rev.,S.3s75.> History:Sec..19-104 transferred to Sec. 19a-230 in 1983. Annotation to former section 19-104: Violation of quarantine order within this section.86 C.678. 1 Secs. 19a-231 to 19a-239. Reserved for future use, whorage of houseboats. The director of e limits within the navigable waters of the lblic or private bathing beach or bathing CHAPTER 368f vessels used by the owners or possessors sed and occupied as dwelling places, be a DISTRICT DEPARTMENTS OF HEALTH ;h director of health shall,upon the written ty adjoining any bathing beach or bathing Sec. 19a-240. (Formerly Sec.19-105).Definition of"board".The word"board', as h limits.After limits have been designated,' used in this chapter, means a board of a district department of health created as provided e of any such houseboat or other vessel, herein,unless the context otherwise indicates. anchor or moor the same or keep the same'`: (1949 Rev.,S.3876.) �d' History:Sec. 19-105 transferred to Sec. 19a-240 in 1983. Sec. 19a-241. (Formerly Sec.19-106).Formation of district departments.Board. (a)Towns,cities and boroughs,by vote of their respective legislative bodies,after a public malty for anchoring within designated hearing, may unite to form district departments of health. The affairs of any such district .y such houseboat or other vessel,while so:: department of health shall be managed by a board,which shall have all the duties exercised the same or keeps the same anchored or or performed immediately prior to the effective date of the creation of such district by direc- ity-four hours have elapsed from the time tors of health or boards of health of the municipalities and which shall exercise all the d and within a period of two months from'` authority as to public health required of or conferred upon the constituent municipalities by than fifty dollars or imprisoned not more' law and shall have the powers set forth in section 19a-243.Towns,cities and boroughs may, which he keeps such houseboat or othei in like manner,join a district department of health previously formed with the approval of the board of such district. 658 PUBLIC HEALTH AND WELL-BEING Title 19a` Ch. 368f DISTRICT DEPAR History:1961 act deleted obsolete references to prosecuting grand jurors,cities'attorneys and town,city,borough or police: court,substituting circuit court;P.A.74-183 replaced circuit court with court of common pleas and"circuit"with"county or, vessel so anchored or moored within the lira judicial district';P.A.76-436 replaced court of common pleas with superior court and"prosecuting attorneys"with"state's by any officer or indifferent person by leavii attorneys and assistant state's attorneys or deputy assistant state's attorneys", effective July 1, 1978;P.A. 78-280 deletes_ ate charge of any such houseboat or other reference to counties;Sec. 19-97 transferred to Sec. 19a-224 in 1983. description in writing of the limits which h� Sec. 19a-225. (Formerly Sec. 19-98).Manufacture and treatment of oil and gar.'= (1949 Rev.,S.3864.) bage.Processing of fish for animal consumption in Stonington.No person or corporation..', History:S'ec. 19-102 transferred to Sec. 19a-228 in 198: shall,within the town of Waterford,East Lyme,Old Lyme or Stonington,or in any waters adjacent thereto,engage in the business of manufacturing from fish or garbage any oil,gua Sec. 19a-229. (Formerly Sec. 19-10. no,fertilizer or phosphate,or in the business of rendering or treating garbage or other filthy. issued by a town,city or borough director c or noxious matter,or in the town of Stonington,engage in the business of processing of fish; making of such order,appeal to the commi for animal consumption.This section shall not apply to the continuance of any such business immediately notify the authority from who. of any person or corporation whose plant within any of said towns had been erected prior to; the merits of such case,and may vacate,mt May 1,1909;and was actively employed in the same specific business during the year 1908 (1949 Rev.,S.3865;P.A.77-614,S.323,610.) while such business continued to be confined to the property owned by such person or corpo- History:P.A.77-614 replaced commissioner of health wn ration on said May 1, 1909, or to the treatment and disposal within any of said towns O 19-103 transferred to Sec. 19a-229 in 1983. garbage or other filthy or noxious matter originating within such town,or to the filleting an Annotations to former section 19-103: freezing of fish into food for human consumption within the town of Stonington. Cited. 174 C. 195, 199. Cited.21 CS 347.This section does not apply to appeal (1949 Rev.,S.4146;September,1950,S.2129d;1967,P.A.330,S. 1.) History:1967 act modified provisions relating to Stonington;Sec. 19-98 transferred to Sec. 19a-225 in 1983. Sec. 19a-230. (Formerly Sec. 19-104 lates any provision of this chapter or any leg; Sec. 19a-226. (Formerly Sec.19-99).Unloading and transportation of fertilizers for which no other penalty is provided,shal Unless otherwise provided,city and borough directors of health shall have power to mak imprisoned not more than three months or t orders and regulations controlling the time during which,and the manner in which,in (1949 Rev.,S.3875.) and other fertilizers may be unloaded from vessels or cars and transported upon the highwa' History:sec. 19-104 transferred to sec. 19a-230 in 19s: in their several jurisdictions. Annotation to former section 19-104: (1949 Rev.,S.3861.) Violation of quarantine order within this section.86 C.i History:Sec. 19-99 transferred to Sec. 19a-226 in 1983. Secs. 19a-231 to 19a-239. Reserved f Sec. 19a-227. (Formerly Sec. 19-101). Anchorage of houseboats.The director-, health of any town,city or borough may designate limits within the navigable waters of#. CHAP state, outside the channel and adjacent to any public or private bathing beach or bathin house, within which limits houseboats or other vessels used by the owners or posses: thereof as dwelling places shall not, while so used and occupied as dwelling places, DISTRICT DEPAR' anchored or moored;and such town,city or borough director of health shall,upon the wri.,. application of five or more persons owning property adjoining any bathing beach or ba Sec. 19a-240. (Formerly Sec.19-105 house within such navigable waters,designate such limits.After limits have been desi used in this chapter, means a board of a di as aforesaid, no person having immediate charge of any such houseboat or other v .0 herein,unless the context otherwise indicate while used and occupied as a dwelling place,shall anchor or moor the same or keep the (1949 Rev.,S.3876.) anchored or moored within the limits so designated. History:Sec. 19-105 transferred to See. 19a-240 in 1982 (1949 Rev.,S.3864.) Sec. 19a-241. (Formerly Sec.19-106; History:Sec. 19-101 transferred to Sec. 19a-227 in 1983. (a)Towns,cities and boroughs,by vote of t Sec. 19a-228. (Formerly Sec. 19-102). Penalty for anchoring within designs :hearing, may unite to form district by r ;department of health shall be manageded by a limits.Any person having immediate charge of any such houseboat or other vessel,whil or performed immediately prior to the effect used as a dwelling place, who anchors or moors the same or keeps the same ancho r tors of health or boards of health of the n moored within the limits so designated after twenty-four hours have elapsed from the authority as to public health required of or c, --that notice has been served as hereinafter provided and within a period of two months . law and shall have the powers.set forth the service of such notice,shall be fined not more than fifty dollars or imprisoned not in like manner,join a district department of than thirty days for each day during any part of which he keeps such houseboat or o the board of such district. ND WELL-BEING Title 19a Ch. 368f DISTRICT DEPARTMENTS659 OF HEALTH .and jurors,cities'attorneys and town,city,borough or pollee ut with court of common pleas and"circuie'with"county or vessel so anchored or moored within the limits so designated.Service of notice may be made with superior court and"prosecuting attorneys"with"state's by any officer or indifferent person by leaving with or reading to the person having immedi- e's attorneys",effective July 1, 1978;P.A. 78-280 deleted 1983. ate charge of any such houseboat or other vessel a copy of this section, together with a description in writing of the limits which have been so designated. [anufacture and treatment of oil and gar- (1949 Rev.,S.3864.) ion in Stonington.No person or corporation History:Sec. 19-102 transferred to Sec. 19a-228 in 1983. Old Lyme or Stonington,or in any waters ifacturing from fish or garbage any oil,gua- Sec. 19a-229. (Formerly Sec. 19-103). Appeal. Any person aggrieved by an order rendering or treating garbage or other filthy issued by a town,city or borough director of health may,within forty-eight hours after the engage in the business of processing of fish making of such order,appeal to the commissioner of health services,who shall thereupon pply to the continuance of any such business immediately notify the authority from whose order the appeal was taken,and examine into 1 any of said towns had been erected prior to the merits of such case,and may vacate,modify or affirm such order. lame specific business during the year 1908, (1949 Rev.,S.3865;P.A.77 614,S.323,610.) the property owned by such person or corpo- it and disposal within any of said towns of History:P.A.77-614 replaced commissioner of health with commissioner of health services,effective January 1,1979;Sec. 19-103 transferred to See. 19a-229 in 1983. ting within such town,or to the filleting and I Annotations to former section 19-103: )n within the town of Stonington. Cited. 174 C. 195,199. Cited.21 CS 347.This section does not apply to appeals under section 7-153.26 CS 266,273. 330,S. 1.) Sec. 19-98 transferred to Sec. 19a-225 in 1983. Sec. 19a-230. (Formerly Sec. 19-104). Fines and penalties.Any person who vio- lates any provision of this chapter or any legal order of a director of health or board of health, loading and transportation of fertilizers, for which no other penalty is provided,shall be fined not more than one hundred dollars or sectors of health shall have power to make imprisoned not more than three months or both. ig which,and the manner in which,manure (1949 Rev.,S.3s7s.) IS OI cars and transported upon the highways History:Sec. 19-104 transferred to Sec. 19a-230 in 1983. Annotation to former section 19-104: Violation of quarantine order within this section.86 C.678. Secs. 19a-231 to 19a-239. Reserved for future use. nchorage of houseboats. The director of ate limits within the navigable waters of the CHAPTER 368f )ublic or private bathing beach or bathing vessels used by the owners or possessors DISTRICT DEPARTMENTS OF HEALTH ised and occupied as dwelling places, be igh director of health shall,upon the written ;rty adjoining any bathing beach or bathing Sec. 19a-240. (Formerly Sec.19-105).Definition of I oard".The word"board',as ch limits.After limits have been designated used in this chapter, means a board of a district department of health created as provided ;e of any such houseboat or other vessel, herein,unless the context otherwise indicates. l anchor or moor the same or keep the same (1949 Rev.,S.3876.) ted. History:Sec. 19-105 transferred to Sec. 19a-240 in 1983. Sec. 19a-241. (Formerly Sec.19-106).Formation of district departments.Board. (a)Towns,cities and boroughs,by vote of their respective legislative bodies,after a public enalty for anchoring within designated hearing, may unite to form district departments of health. The affairs of any such district an such houseboat or other vessel,while so department of health shall be managed by a board,which shall have all the duties exercised ;the same or keeps the same anchored or or performed immediately prior to the effective date of the creation of such district by l the exercise c- ity-four hours have elapsed from the time tors of health or boards of health of the municipalities and which shall all the ;d and within a period of two months from authority as to public health required of or conferred upon the constituent municipalities by than fifty dollars or imprisoned not more law and shall have the powers set forth in section 19a-243.Towns,cities and boroughs may, which he keeps such houseboat or other in like manner,join a district department of health previously formed with the approval of the board of such district. rIWTTONS AND CORRECTION = ! Tection.The commissionero iry or incidental to the c " discretion delegate this auth , TITLE 19 PUBLIC HEALTH AND SAFETY CHAPTER 333* i DEPARTMENT OF HEALTH SERVICES l; �.See chapt er 368a(Sec. 19a-1 et seq.). 19-1. Composition of department.Section 19-1 is repealed. . 1 (1949 Rev.,S.3797;1959,P.A. 148,S. 1;1972,P.A.113,S.1;P.A.75-638,S.1,23;P.A.77-614',S.609,610.) Secs. 19-1a, 19-1b, 19-2 and 19-2a. Transferred to Chapter 368a, Secs. 19a-1 to 9a-4,inclusive. Sec. 19-3. Public health council.Meetings.Section 19-3 is repealed. (1949 Rev.,S.3799;September,1957,P.A.11,S.13;1959,P.A.148,S.3;February,1965,P.A.261,S.1;1969,P.A. S. 16;P.A.73-337,S. 1,2;P.A.76-139,S. 1;P.A.77-614,S.609,610.) x °Sec. 19-3a. Transferred to Chapter 368a,Sec. 19a-7. �J Sec. 19-3b. Effective date for establishment of state-wide health coordinating council.Obsolete. (P.A.75-562,S.8.) Secs. 194 and 194a. Transferred to Chapter 368a, Secs. 19a-5 and 19a-6,respec- <}' lively. Sec. 194b. Boards and commissions within the department:Department's pow- ers relative thereto.Section 194b is repealed. 4, (1959,P.A. 148,S.21;P.A.77 614,S.327,587,610;P.A.78-303,S.85,136;P.A.80-484,S.175,176.) i sY Secs. 19-4c to 194h. Transferred to Chapter 368u,Secs. 19a460 to 19a-468,inclu- sive. Secs. 194i to 194q. Transferred to Chapter 368a,Secs. 19a-8 to 19a-16,inclusive. Sec. 19-4r. Complaints re certain health practitioners.Section 19-4r is repealed. (P.A.80-484,S.136,176;P.A.81-471,S.70,71;81-472,S.42,159.) Secs. 194s to 19-4y. Transferred to Chapter 368a,Secs. 19a-17 to 19a-23,inclusive. 499 AND SAFETY Title 19; Chapter 368v, Secs. 19a-541 to 19a-550` Penalty for violation. Section 19-623 is`' TITLE l9a* PUBLIC HEALTH AND WELL-BEING Chapter 368v, Secs. 19a-551 to 19a-559, *Cited.204 C.399,406. CHAPTER 368a* DEPARTMENT OF HEALTH SERVICES *Sec. 19a-1 at seq.and department of health services cited.207 C.346,347. { Sec. 19a-1. (Formerly Sec. 19-1a). Terms "commissioner of health", "health commissioner","department of health",or"state department of health",deemed to mean commissioner or department of health services.(a)Whenever the term"commis- sioner of health"or"health commissioner"occurs or is referred to in the general statutes,it shall be deemed to mean or refer to the commissioner of health services. (b) Whenever the term"department of health","state department of health"or"health department"occurs or is referred to in the general statutes,it shall be deemed to mean or refer to the department of health services. (P.A.77-614,S.323,610.) History:Sec. 19-1a transferred to Sec. 19a-1 in 1983. Sec. 19a-2. (Formerly Sec. 19-1b).Department of health services.Commission- er. Successor department to department of health. (a)There shall be a department of health services.The department head shall be the commissioner of health services,who shall be appointed by the governor in accordance with the provisions of sections 4-5 to 4-8,inclu- sive,with the powers and duties therein prescribed. (b) Said department shall constitute a successor department to the department of health in accordance with the provisions of sections 4-38d and 4-39. (P.A.77-614,S.322,610.) History:Sec. 19-lb transferred to Sec. 19a-2 in 1983. Sec. 19a-3. (Formerly Sec. 19-2). Commissioner of health services: Qualifica- tions. Deputies. In accordance with the provisions of sections 4-5 to 4-8, inclusive, the governor shall appoint a commissioner of health services,who shall be the administrative T head of the department.Said commissioner shall either(1)be a physician,graduated by an acceptable medical college,recognized by one of the medical examining boards of this state, experienced in actual practice of his profession,skilled in sanitary science and experienced ` in public health administration and shall have had a minimum of one year of university 'Y. 525 526 PUBLIC HEALTH AND WELL-BEING Title 19a Ch. 368a DEPARTMEN graduate instruction in public health administration as evidenced by a certificate of gradua- them and investigate and advise conce tion or a degree in public health,or(2)hold a graduate degree in public health.He shall not their jurisdictions and he shall make, engage in any other occupation.He may appoint deputy commissioners,who shall be in the hospitals,asylums,prisons,schools any unclassified service,one of whom shall supervise each of the divisions of the department of ;`t". He shall investigate nuisances and con& health services. " affect,the security of life and health in (1949 Rev.,S.3798; 1959,P.A. 148,S.2; 1972,P.A. 113,S.2;P.A.77-614,S.341,610;P.A.85-337.) _ _ authorized by him SO tO dO,may enter an, History: 1959 act deleted requirement that commissioner have had at least five years'experience in practice and OI place, and any person designated by 14 provisions for deputy commissioners; 1972 act reduced number of deputy commissioners from three to two; P.A. 777-614 constables.Whenever he determines thf replaced commissioner and department of health with commissioner and department of health services,removed reference to of the public health code is not being en appointment of chairman of public health council,made appointment of deputy commissioners optional rather than man deleted limit of two deputies,referred to"divisions"rather than"offices"of department and deleted Provision whereb dew" shall forthwith take such measures, inc commissioner for public health is acting commissioner duringabsence or disabilityof commissioner,effective January1,1�w. r=='local health department,to ensure enforc Sec. 19-2 transferred to Sec.19a-3 in 1983;P.A.85-337 permitted the commissioner of health services to hold a graduate degree in public health as alternative qualification for the position. _- the local health department Of SACK mea See Sec. 19a-6 re commissioner's duties with respect to control and treatment of lung disease,chronic illness and medical rehabilitation. (1949,Rev.,S.3801;1959,P.A. 148,S.4;1971, 374,681;P.A.77-614,S.323,342,610;P.A.85-149 Annotations to former section 19-2: History:1959 act substituted public health code for si Cited. 140 C.478.Cited. 165 C.516,517.Cited. 15 CS 468. employees subject to classified service,added responsibi sioner's power to appoint acting commissioner and to de to ensure enforcement of laws and regulations;1972 aci Sec. 19a-4. (Formerly Sec. 19-2a). Commissioner to organize department an `ffCe"°`September 1,1972 except that Courts with cas adopt regulations.(a)The commissioner of health services shall organize the de artinen action on commissioner's actions;P.A.76-436 replaced p 77-614 deleted references to public health council and rc into such divisions,bureaus and other units as may be necessary for the efficient conduct O department of health services,effective January 1,1979; the business of the department. commissioner to designate a deputy commissioner or o department P.A.85-155 required the commissioner to& distribute the list to each licensed physician and clinics (b) The commissioner of health services shall promulgate such regulations as may , ifnee to conduct hearings and render final decisions; necessary to carry out the purposes of the department of health services as established b pity'asylums,Prisons,schools and other institutioi statute. See Secs.22a-176,22a-191 and 22a-192 re duties n Annotations to former section 194: (P.A.77-614,S.324,325,610.) Cited. 140 C.478.Cited. 165 C.516. History:Sec. 19-2a transferred to Sec. 19a-4 in 1983. Annotations to present section: Cited.207 C.674,676. Sec. 19a-5. (Formerly Sec. 194). Powers and duties of commissioner.The co Sec. 19a-6. (Formerly Sec. 19-4a missioner of health services shall employ the most efficient and practical means for grams for control and treatment of lu prevention and suppression of disease,and shall administer the health laws and ubh the "" �P habilitation.(a)The commissioner shy health code.He shall have responsibility for the overall operation and administration of of the control and treatment of lung disc department of health services.He may designate a deputy commissioner or other employ onic illness, and the medical rehabili of the department to sign any license,certificate or permit issued by said department.He dica any person designated by him may conduct a hearingand render a final decision in an PPS Persons.The commissioner Y_. °r,the diagnosis or detection and treatml when a hearing is required or authorized under the provisions of any statute dealing with vision of diagnostic and treatment pro department of health services.He shall have authority over directors of health and may,f ors capable in his judgment of providin; cause remove any such director;but any person claiming to be aggrieved by such remov may appeal to the superior court which may affirm or reverse the action of the commissio @)'A The commissioner shall be respo as the public interest requires. He shall assist and advise local directors of health in performance of their duties, and may require the enforcement of any law, re latio" : ems as they relate to lung disease,of ordinance relating to public health. With the health authorities of this and other states,-. be as for the administratior shall secure information and data concerning the prevention and control of a idemics. dePartment of health services. As use P wwhich require prolonged definitive conditions affecting or endangering the public health,and he shall compile such informau es or conditions which may be and statistics and shall disseminate among health authorities and the people of the states, cili Y P information as may be of value to them. He shall annually1 issue a list of re rtable' __ ary facilities;"chronic disease he ( ) P° of health services; and "medical r eases and reportable laboratory findings and may amend such list as he deems necessary: (2)distribute such list as well as any necessary forms to each licensed physician and Clint toward the reduction of the effect laboratory-in this-state. He-shall-prepare-printed-forms-for reports and-returns,with s9 FP A._148,-s.-H;12;1972,P.A.113;S.3-,-P.instructions as may be necessary, for the use of directors of health of boards health 1972 act replaced office of tuberculosis Conti registrars of vital statistics.When requested by local directors of health he shall consult Provisions re appointment and qualifications of d , COmntissioner for public health;P.A.76-139 replact rVELL-BEING Title 19a Ch. 368a DEPARTMENT OF HEALTH SERVICES 527 as evidenced by a certificate of gradua_,, them and investigate and advise concerning any condition affecting public health within ate degree in public health.He shall not, their jurisdictions and he shall make, at least once each year, an inspection of all public 3uty commissioners,who shall be in the,, hospitals,asylums,prisons,schools and other institutions within available appropriations. lch of the divisions of the department of He shall investigate nuisances and conditions affecting,or that he has reason to suspect may affect,the security of life and health in any locality and,for that purpose,he,or any person P.A.77-614,S.341,610;P.A.85-337.) authorized by him so to do,may enter and examine any ground,vehicle,apartment,building at least five years'experience in practice and adder, or place,and any person designated by him shall have the authority conferred by law upon putt'commissioners from three to two;P.A. 77-614 constables.Whenever he determines that any provision of the general statutes or regulation id department of health services,removed reference to of the public health code is not being enforced effectively by a local health department,he 'deputy commissioners optional rather than mandatory,. shall forthwith take such measures, including the performance of any act required of the :"of department and deleted provision whereby depmy r disability of commissioner,effective January 1,1979. local health department,to ensure enforcement of such statute or regulation and shall inform immissioner Of health services to hold a graduate devr the local health department of such measures. treatment of lung disease,chronic illness and medical`, (1949,Rev.,S.3801;1959,P.A.148,S.4;1971,P.A.282;1972,P.A. 108,S.4;P.A.73-616,S.14;P.A.76 436,S. 374,681;P.A.77-614,S.323,342,610;P.A.85-149;85-155;P.A.88-362,S. 16;June Sp.Sess.P.A.91-11,S. 12,25.) History:1959 act substituted public health code for sanitary code,deleted commissioner's duty to appoint and remove certain employees subject to classified service,added responsibility for operation and administration of department and deleted commis- sioner's power to appoint acting commissioner and to delegate any of his administrative duties;1971 act required commissioner to ensure enforcement of laws and regulations;1972 act made appeals to court of common pleas rather than to superior court, effective September 1,1972,except that courts with cases pending retain jurisdiction;P.A.73-616 included reference to court isioner to organize department and action on commissioner's actions;P.A.76.436 replaced court of common pleas with superior court,effec*e July 1,1978;P.A. services shall organize the department 77-614 deleted references to public health council and replaced commissioner and department of health with commissioner and >e necessary for the efficient Conduct Of department of health services,effective January 1,1979;Sec.19-4 transferred to Sec.19a-5 in 1983;P.A.85-149 authorized the commissioner to designate a deputy commissioner or other employee to sign any license,certificate or permit issued by the department;P.A.85-155 required the commissioner to annually issue a list of reportable diseases and laboratory fmdings and to distribute the list to each licensed physician and clinical laboratory in the state;P.A.88-362 authorized commissioner or his designee to conduct hearings and render final decisions;June Sp.Sess.P.A.91-11 provided that annual inspections of public yromulgate such regulations as may be hospitals,asylums,prisons,schools and other institutions be conducted subject to available appropriations. ,nt of health services as established by See Secs.22a-176,22a-191 and 22a-192 re duties regarding evaluation of health risks of dioxin and furans. Annotations to former section 19-4: Cited. 140 C.478.Cited. 165 C.516. Annotations to present section: Cited.207 C.674,676. 1d duties of commissioner.The com- Sec. 19a-6. (Formerly Sec. 194a). Commissioner to plan and administer pro- efficient and practical means for the - grams for control and treatment of lung disease and chronic illness and for medical minister the health laws and the public rehabilitation.(a)The commissioner shall be responsible for planning state-wide programs rall operation and administration of the for the control and treatment of lung diseases;the treatment of persons affected with other 'puty commissioner or other employee chronic illness, and the medical rehabilitation of chronically ill, physically disabled and ermit issued by said department.He or handicapped persons.The commissioner shall provide and maintain facilities and personnel and render a final decision in any case for the diagnosis or detection and treatment of such diseases or enter into contracts for the ovisions of any statute dealing with the provision of diagnostic and treatment programs for such diseases with persons or organiza- .y over directors of health and may,for tions capable in his judgment of providing such services. ming to be aggrieved by such removal reverse the action of the commissioner _ (b) The commissioner shall be responsible for the administration of the department's advise local directors of health in the programs as they relate to lung disease,other chronic illness and medical rehabilitation.He nforcement of any law, regulation or shall be responsible for the administration and operation of the chronic disease hospitals of authorities of this and other states he the department of health services. As used in this chapter,"chronic illness"means condi- ;vention and control of epidemics and tions which require prolonged definitive hospital or restorative care as distinguished from and he shall compile such information diseases or conditions which may be properly cared for in convalescent, custodial or iorities and the people of the state such domiciliary facilities;"chronic disease hospital"means a hospital operated by the depart- lually(1)issue a list of reportable dis- ment of health services; and "medical rehabilitation" means specific medical therapies ;nd such list as he deems necessary and directed toward the reduction of the effect of disability resulting from a chronic disease. to each licensed physician and clinical s for reports and returns, With.SUCK (1959,P.A. 148,S. 11,12;1972,P.A. 1 in 13,S.3;P.A.76 139,S.2;P.A.77-614,S.323,343,610.) health,boards of health and History: 1972 act replaced office of tuberculosis control,hospital care and rehabilitation with office of public health and -ctors of replaced provisions re appointment and qualifications of deputy commissioner of the former office with statement of duties of lirectors of health,he shall consult with deputy commissioner for public health;P.A.76-139 replaced references to tuberculosis with more general phrase"lung disease", 648 PUBLIC HEALTH AND WELL-BEING Title I9a Ch. 368e MUNICIPAL HEALTI Sec. 19a-206. (Formerly Sec. 19-79). Duties of municipal directors of health, ough,the limits of which are not coterminous wi Nuisances and sources of filth.Injunctions.Civil penalties.Authority of town direcier. for of health shall exercise the powers and dutieE within city or borough.(a)Town,city and borough directors of health or their authorized; as is outside the limits of such city or borough,ea agents shall,within their respective jurisdictions,examine all nuisances and sources of fill appointed a director of health, the town direct injurious to the public health,cause such nuisances to be abated and cause to be removed a$` section,exercise the powers and duties of his off filth which in their judgment may endanger the health of the inhabitants. Any owner or or borough,until such city or borough appoints occupant of any property who maintains such property,whether real or personal,or any part thereof,in a manner which violates the provisions of the public health code enacted pursuant (e) When such nuisance is abated or sourct to the authority of sections 19a-36 and 19a-37 shall be deemed to be maintaining a nuisance such abatement or removal shall be at the expens or source of filth injurious to the public health.Any local director of health or his authorized or both,and damages for such abatement or ren agent or a sanitarian authorized by such director may enter all places within his jurisdictim town, city or borough in a civil action as proV where there is just cause to suspect any nuisance or source of filth exists,and abate or cause action brought by the director of health or any e to be abated such nuisance and remove or cause to be removed such filth. rized to institute civil actions. (1949 Rev.,S.3850; 1959,P.A.445;P.A.77-465;P.A.87- (b) When any such nuisance or source of filth is found on private property,such director; History: 1959 act added provision for director of health authi of health shall order the owner or occupant of such property,or both,to remove pr abate the' provisions in Subsecs. (a) and(d)and added new provisions u same within such time as the director directs.If such order is not complied with,within the maintaining nuisance or source of filth injurious to public health st health director's jurisdiction in cities or boroughs lacking health di time fixed by such director:(1)Such director,or any official of such town,city or borough 1983;P.A,87-521 amended Subsec.(a)to provide for the deleg. authorized to institute actions on behalf of such town, city or borough, may institute and mane technical changes. maintain a civil action for injunctive relief in any court of competent jurisdiction to requite See Sec.21a-62 re power of local health authority to order the abatement of such nuisance,the removal of such filth and the restrainingd rohibi' consumption. an P �,` See Sec.26-192g re duties of local directors of health with 1 of acts which caused such nuisance or filth, and such court shall have power to grant such' posted areas. injunctive relief upon notice and hearing; (2)the owner or occupant of such property,a, Annotations to former section 19-79: both,shall be subject to a civil penalty of two hundred fifty dollars per day for each day such Towns not liable for acts of health officers,acting in good distinction between nuisances and filth as to power of health 01 nuisance is maintained or such filth allowed to remain after the time fixed by the director iiE., judgment when acting in good faith.51 C.93-102.Filth and nisi his order has expired,except that the owner or occupant of such property or any part the of removal.51 C.102.Duty to prevent spread of disease.86 C.6' on which a public eating place is conducted shall not be subject to the provisions of this until the time allowed in an order for compliance with its terms ha: 675,678. Subdivision,but shall be subject to the provisions of subdivision(3).Such civil penalty may' First selectmen of towns have never possessed any authority cc be collected in a civil proceeding by the director of health or any official of such town,city OI and purpose discussed;the nuisances referred to are confined to borough authorized to institute civil actions and shall be payable to the treasurer of such city,: town or borough,and(3)the owner or occupant of such property,or both,shall be subjectto. Sec. 19a-207. (Formerly Sec.19-80).D1 the provisions of sections 19a-36, 19a-220 and 19a-230. lations. The local director of health or his at enforce or assist in the enforcement of the publi (c) If the director institutes an action for injunctive relief seeking the abatement of a_ adopted by the commissioner of health service; nuisance or the removal of filth, the maintenance of which is of so serious a nature as to power to adopt,by ordinance,sanitary rules ai constitute an immediate hazard to the health of persons other than the persons maintaining shall be inconsistent with the public health co such nuisance or filth,he may,upon a verified complaint stating the facts which show such emergency when the health of any locality is n immediate hazard,apply for an ex parte injunction requiring the abatement of such nuisance director of health fails to comply with recomr, or the removal of such filth and restraining.and prohibiting the acts which caused such nui ices,said department may enforce such regula sance or filth to occur,and for a hearing on an order to show cause why such ex parte injunc. the public health. tion should not be continued pending final determination on the merits of such action.If the (1949 Rev.,S.3806;1957,P.A. 13,S.84;P.A.77-614,s court finds that an immediate hazard to the health of persons other than those persons in History:P.A.77-614 replaced department of health with di taining such nuisance or source of filth exists, such ex parte injunction shall be issu 78-303 replaced public health council with commissioner of bealt provided a hearing on its continuance pending final judgment is ordered held within sev reference provided for the appointment of an authorized agent to reference to"quarantine"regulations re department's enforcem( days thereafter and provided further that any persons so enjoined may make a written requ„ see sec. 19a-36 re public health code. to the court or judge issuing such injunction for a hearing to vacate such injunction,in whi - Annotation to former section 19-80: event such hearing shall be held within three days after such request is.filed. Cited. 166 C.337,342. (d) In each town,except in a town having a city or borough within its limits,the to Sec. 19a-208. (Formerly Sec.19-81).P. director of health shall have and exercise all the power for preserving the public health and district directors-of health-shall attend confere preventing the spread of diseases;and,in any town within which there exists a city or boc ices to consider matters relating to public heap: a March 20, 1996 John R. Collins Chief Building Official Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Dear Mr . Collins: I have enclosed the original signed copy of the well report from EnviroTech Laboratory that was done on my well . This report is for your file. Thank you very much. Wnrea rely, L. Pudeler L4 PDLRTOWN.LET ENViROTECH LABORATORY TESTING & CONSULTING 77 COOK HILL ROAD . WINDSOR. CONNECTICUT 06095 MARYELLEN DiLUZ10 TELEPHONE (203) 688.7249 February 21 , 1996 Andrea Pudeier 201 nest Rd. S. Windsor, Ct. 06074 Dear Sir We have the following to report on the sample submitted to this laboratory On February 19, 1996. Sample Number: 34939 Mark: water sample collected 02/19/96 by Andrea Pudeler from Lot No. 201 , West Pd. s S. Windsor , Ct. Odor none Turbidity 3 Standard Units pH 7.48 Alkalinity (as CaCO3) 16 mg/L Color 0 mg/L Ammonia Nitrogen < 0.01 mg/L Nitrite Nitrogen < 0.001 mg/L Nitrate Nitrogen <: 1 :00 mg/L Chloride (as Cl ) 235 mg/L Hardness (as CaCO3) 144 mg/L Iron (as Fe) 0. 150 mg/L BACTERIOLOGICAL EXAM Number of Coliform Bacteria per 100 mLs (membrane filter) 0 Based on the above parameters this water is classified safe for drinking. The chloride content is very high and may indicate a nigh salt content. People On low salt diets should be aware of this. If there are any questions we would be pleased to discuss them with you. Very truly yours. EnviroTech Laboratory Maryellen DiLuaio PH 0464, cc: one enclosed iH A'tD WELL-BEING k%~ . 368e MUNICIPAL HEALTH AUTHORITIES r9479). Duties of 649 municipal ctions.Civil penalties.Auth gh,the limits of which are not coterminous with the limits of such town,such town d' rec- otj borough directors of health; of health shall exercise the powers and duties of his office only in such part of such town sa-Mons,examine all nuisances �'+ 'is outside the limits of such city or borough,except that when such city or borough has not isances to be abated pointed a director of health, the town director of health shall, for the u and ca 1 lion,exercise the powers and duties of his office throughout the town,including such city �_ r the health of the ' 1 Ses of seal ori: borough,until such city or borough a city it PmPerty,whetherreai or` tY g appoints a director of health. r,.:sions of the public health - "'=7 shall be deemed to be m:� (e) When such nuisance is abated or source of filth is removed from private property, Y l�al director of h h abatement or removal shall be at the expense of the owner or occupant of such rty ro e or may enter all places w�i both,and damages for such abatement or removal may be recovered against them by the or source Of filth exists,° wn, city or borough in a civil action as provided in subsection(b)or in a s X museto be removed such civi filth:` on brought by the director of health or any official of such city,town or borough eparaautho 1 zed to institute civil actions. Off filth is found On private pro (1949 Rev.,S.3850;1959,P.A.445;P.A.77-465;P.A.87-521,S.2.) O such property,Or both, to dLstory: 1959 act added provision for director of health authorizing qualified visions in Subsecs. (a) and (d)and added new provisions in Subsecs. c) andson to act;P.A. placed previous If-such Order is IIOt cOmpli taming nuisance or source of filth injurious to public health stated in Subsec)()cand added exception in Subsec.(d)re town �•�any official of such tows clarifying general director's jurisdiction in cities or boroughs lacking health directors of their own;sec.1 - :P.A.87-521 amended Subsec.(a)to provide for the delegation of duties to an authorized agent and a sanitarian and in of`h town, city Or borou to court of com technical changes. Peestr j See Sec.21a-62 re power of local health authority to order analyses of foods and medicines or other articles for human Stich filth and the restiainn i;>_Md such court shall have po umSec. See Sec.26 192g re duties of local directors of health with regard to unauthorized taking of shellfish in contaminated or =C)the owner or occupant of` areas. we hundred fifty dollars per Annotations to former section 19-79: t1llle zillDremain after the �_ ^Tom not liable for acts of health officers, acting in good faith,and doing no unnecessary damage. 51 C. 93-102.No fix ction between nuisances and filth as to power of health officer.51 C. 98, 99. Health officer is not liable for error of r4woocupant Of such grope at when acting in good faith.51 C.93-102.Filth and nuisances may be removed although not endangering health at time ed shall not be subject to the removal.51 C.102.Duty to prevent spread of disease.86 C.677.A crimearged with a the time allowed in an order for compliance with its terms has exp'd.148 C 439.ited.170 C.387 89,3d90.Cited.Id., �s of subdivision 3s,67g.O Such'- :waf health or an O First selectmen of towns have never possessed any authority concerning matters affecting the public heal AidShaIl be a Y official Of purpose discussed;the nuisances referred P health.8 CS 4 payable t0 the rred to are confined to those injurious to public health.24 CS 242. 31'ffistory sOKofsuch property,or both„y and Na-230. Sec. 19a-207. (Formerly Sec.19-80).Duties of local officials.Emergencies.Rego- tions. The local director of health or his authorized agent or the board of health shall br i*Mctive relief seeking the orce or assist in the enforcement of the public health code and such regulations as may be opted by the commissioner of health services.Towns,cities and boroughs may retain the max of which is of so sen wer to adopt,by ordinance,sanitary rules and regulations,but no such rule or regulation tcd t�f persons other than the pea all be inconsistent with the public health code as adopted by said commissioner.. In any cornplaint stating the facts w mergency when the health of any locality is menaced or when any local board of health or Wmace requiring the abatement o ector of health fails to comply with recommendations of the department of health serv- ffid Prohibiting the acts which'"' s,said department may enforce such regulations as may be required for the protection of iar,oato show cause why such; a public health. station on the merits of su 2M Ofpersons other than those (1949 Rev.,S.3806;1957,P.A. 13,S.84;P.A.77-614,S.323,610;P.A.78-303,S.65, 136;P.A. 87-521,S.3.) s&Leh ex Parte injunction 3 History:P.A. 77-614 replaced department of health with department of health services,effective January 1, 1979;P.A. sal Judgment iS Ordered lie] 303 replaced public health council with commissioner of health services;Sec.19-80 transferred to Sec.19a-207 in 1983;P.A. e�SOdgmined may make e- 521 Provided for the appointment of an authorized agent to perform the duties of the local director of health and deleted ference to"quarantine"regulations re department's enforcement of regulations to protect the public health. raiieanng to vacate such injuIIC�i See Sec. 19a-36 re public health code. ASS after such request is filed ` Annotation to former section 19-g0: Cited. 166 C.337,342. ray or borough within Myer for preserving the puli�+ Sec. 19a-208. (Formerly Sec.19-81).Health conferences.Town,city,borough and strict directors of health shall attend conferences called by the department of health serv- XMM within which there exists to consider matters relating to public health,and the necessary expenses incident to such 4'.