Connecticut General Statutes 22a-498 – Creation of stormwater authority. Members. Purposes. Powers
(a) Any municipality may, by ordinance adopted by its legislative body, designate any existing board or commission or establish a new board or commission as the stormwater authority for such municipality. If a new board or commission is created, such municipality shall, by ordinance, determine the number of members thereof, their compensation, if any, whether such members shall be elected or appointed, the method of their appointment, if appointed, and removal and their terms of office, which shall be so arranged that not more than one-half of such terms shall expire within any one year.
Terms Used In Connecticut General Statutes 22a-498
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the Commissioner of Energy and Environmental Protection or his designated agent. See Connecticut General Statutes 22a-423
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- discharge: means the emission of any water, substance or material into the waters of the state, whether or not such substance causes pollution. See Connecticut General Statutes 22a-423
- farm: includes farm buildings, and accessory buildings thereto, nurseries, orchards, ranges, greenhouses, hoophouses and other temporary structures or other structures used primarily for the raising and, as an incident to ordinary farming operations, the sale of agricultural or horticultural commodities. See Connecticut General Statutes 1-1
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- legislative body: means : (1) As applied to unconsolidated towns, the town meeting. See Connecticut General Statutes 1-1
- municipality: means any metropolitan district, town, consolidated town and city, consolidated town and borough, city, borough, village, fire and sewer district, sewer district and each municipal organization having authority to levy and collect taxes or make charges for its authorized function. See Connecticut General Statutes 22a-423
- Ordinance: means an enactment under the provisions of section 7-157. See Connecticut General Statutes 1-1
- person: means any individual, partnership, association, firm, limited liability company, corporation or other entity, except a municipality, and includes the federal government, the state or any instrumentality of the state, and any officer or governing or managing body of any partnership, association, firm or corporation or any member or manager of a limited liability company. See Connecticut General Statutes 22a-423
- pollution: means harmful thermal effect or the contamination or rendering unclean or impure or prejudicial to public health of any waters of the state by reason of any wastes or other material discharged or deposited therein by any public or private sewer or otherwise so as directly or indirectly to come in contact with any waters. See Connecticut General Statutes 22a-423
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) The purposes of the stormwater authority shall be to: (1) Develop a stormwater management program, including, but not limited to, (A) a program for construction and post-construction site stormwater runoff control, including measures to control detention and prevention of stormwater runoff from development sites, and (B) a program for control and abatement of stormwater pollution from existing land uses, and the detection and elimination of connections to the stormwater system that threaten the public health, welfare or the environment; (2) provide public education and outreach in the municipality relating to stormwater management activities and to establish procedures for public participation; (3) provide for the administration of the stormwater management program; (4) establish geographic boundaries of the stormwater authority district; and (5) recommend to the legislative body of the municipality in which such district is located the imposition of a fee upon the interests in real property within such district, subject to the fifteen per cent limitation on, or alternative election to exempt, properties owned by hospitals described in subdivision (3) of subsection (c) of this section, the revenues from which shall be used in carrying out any of the powers of such district. In accomplishing the purposes of this section, the stormwater authority may plan, layout, acquire, construct, reconstruct, repair, maintain, supervise and manage stormwater control systems.
(c) (1) (A) Any stormwater authority created by a municipality pursuant to subsection (a) of this section may levy fees, approved by the legislative body of the municipality in accordance with the provisions of subdivision (3) of this subsection, on property owners of the municipality, except as specified in subdivision (2) of this subsection, for the purposes described in subsection (b) of this section. In establishing fees for properties in its district, the stormwater authority shall (i) consider criteria, including, but not limited to, the area of the property containing impervious surfaces from which stormwater runoff is generated and land use types that result in higher or lower concentrations of stormwater pollution, and (ii) adopt a procedure to provide a partial fee reduction, in the form of a credit, in accordance with the provisions of this subdivision.
(B) The stormwater authority shall provide a partial fee reduction for any property owner in its district who (i) has disconnected a percentage of such property’s impervious surfaces from the municipal separate storm sewer system, combined storm sewer system or surface water, and (ii) provides documentation to the satisfaction of the stormwater authority that current stormwater best management practices or other control measures, approved by the stormwater authority, that reduce, retain or treat stormwater onsite are being applied and maintained in compliance with the requirements of the stormwater authority and any applicable permit issued by the Commissioner of Energy and Environmental Protection for the discharge of stormwater. For the purposes of this subparagraph, an area of impervious surface is deemed disconnected when the appropriate water quality volume has been retained in accordance with the applicable permit issued by the Commissioner of Energy and Environmental Protection for the discharge of stormwater or as required by the stormwater authority.
(C) The stormwater authority may provide a partial fee reduction for any property owner in its district who has installed and is operating and maintaining infrastructure that reduces, retains or treats stormwater onsite, which infrastructure exceeds any requirements for infrastructure that may be applicable to the property under (i) the applicable permit issued by the Commissioner of Energy and Environmental Protection for the discharge of stormwater, including any requirements by the Commissioner of Energy and Environmental Protection to address water quality impairments resulting from stormwater discharge, (ii) any regulation adopted by the Commissioner of Energy and Environmental Protection, or (iii) the local stormwater control ordinance.
(D) The Commissioner of Energy and Environmental Protection may provide additional guidance to stormwater authorities to implement the provisions of this subdivision.
(2) In the case of land classified as, and consisting of, farm, forest or open space land, or property owned by the state government, or any of its political subdivisions or respective agencies, the stormwater authority may only levy such fees on areas of such land that contain impervious surfaces from which stormwater discharges to a municipal separate storm sewer system.
(3) Each stormwater authority shall present its budget annually to the legislative body of the municipality for approval. Such budget shall include the specific programs the authority proposes to undertake during the fiscal year for which the budget is presented, the projected expenditures for such programs for the fiscal year and the amount of the fee or fees the authority proposes to levy to pay for such expenditures. In no event shall the aggregate amount of the fees proposed for the fiscal year exceed the aggregate amount of such projected expenditures for the fiscal year and in no event shall more than fifteen per cent of the aggregate amount of the fees proposed for any fiscal year prior to July 1, 2026, be generated from properties located in the municipality that are owned by hospitals that are parties to the settlement agreement with the state approved pursuant to special act 19-1 of the December 2019 special session. The legislative body of the municipality shall ensure that the aggregate amount of the fees approved comply with such fifteen per cent limitation. For each such fiscal year prior to July 1, 2026, the authority shall, not later than thirty days after the conclusion of the fiscal year, (A) conduct a review to ensure that not more than fifteen per cent of the aggregate fees received for such fiscal year were generated from real property located in the municipality that is owned by one or more hospitals that are parties to the settlement agreement described in this subdivision, (B) in the event that the fees received from all such hospitals together exceed fifteen per cent of the aggregate fees received for such fiscal year, the stormwater authority shall rebate any amounts received in excess of fifteen per cent, proportionately, to such hospitals, and (C) provide the results of the stormwater authority’s review, in writing to each hospital, regardless of whether a rebate is due. As an alternative to imposing the fee on properties located in the municipality that are owned by hospitals that are parties to such settlement agreement described in this subdivision, the legislative body may approve exemption of such properties from the fee until July 1, 2026. The legislative body of the municipality may approve fee amounts that are less than the amounts proposed by the authority but in no event shall the legislative body of the municipality approve fee amounts that are greater than the amounts proposed by the authority.
(d) Any person aggrieved by the action of a stormwater authority under this section shall have the same rights and remedies for appeal and relief as are provided in the general statutes for taxpayers claiming to be aggrieved by the doings of the assessors or board of assessment appeals.
(e) The authority may adopt municipal regulations to implement the stormwater management program.
(f) The authority may, subject to the commissioner’s approval, enter into contracts with any municipal or regional entity to accomplish the purposes of this section.
(g) For purposes of this section and sections 22a-498a and 22a-498b, “municipality” means any town, city, borough, consolidated town and city or consolidated town or borough. “Municipality” does not include any local school district, regional school district, metropolitan district, district, as defined in section 7-324, or any other municipal corporation or authority authorized to issue bonds, notes or other obligations under the provisions of the general statutes or any special act.