(a) On and after October 1, 2014, no person shall act as a bulk water hauler unless such person has obtained a license issued by the Department of Public Health in accordance with this section. For purposes of this section: (1) “Bulk water hauling” means transporting water to a water company or a consumer of a water company, in bulk by any means, where such water is to be used for public drinking water supply purposes; (2) “bulk” means two hundred fifty gallons of water or more; (3) “consumer” has the same meaning as in § 25-32a; (4) “water company” has the same meaning as in § 25-32a; and (5) “commissioner” means the Commissioner of Public Health or the commissioner’s designee.
Terms Used In Connecticut General Statutes 20-278h
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
(b) Each person seeking licensure as a bulk water hauler shall make application on a form prescribed by the department, pay an application fee of one hundred dollars and present evidence satisfactory to the commissioner that the applicant has the qualifications necessary to engage in bulk water hauling.
(c) The commissioner shall establish (1) the qualifications to obtain a license as a bulk water hauler, and (2) requirements designed to ensure that any water transported by a bulk water hauler is fit for human use and consumption.
(d) Licenses shall be renewed once every two years in accordance with the provisions of § 19a-88. The fee for renewal shall be one hundred dollars. No license shall be issued under this section to any applicant who has been the subject of professional disciplinary action relating to the hauling of bulk water in this or any other state or jurisdiction.
(e) Any water transported by bulk water hauling shall meet the requirements of § 25-32 and regulations adopted thereunder. No bulk water hauler shall deliver water to a consumer of a water company without first notifying the water company of such delivery. Bulk water hauling to a water company or a consumer of a water company shall be permitted only as a temporary measure to alleviate a water supply shortage.
(f) The commissioner may periodically inspect any equipment or material used in connection with bulk water hauling, may investigate any water supply from which a bulk water hauler obtains water in accordance with § 25-34 and may issue any order necessary to protect the public health. Any order issued under this subsection shall not be stayed upon any appeal by a licensee under § 25-34 or 25-36.
(g) The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
(h) The commissioner may take any disciplinary action set forth in § 19a-17 against a bulk water hauler for any of the following reasons: (1) Fraud or deceit in obtaining or renewing a license to act as a bulk water hauler; (2) fraud or deceit in rendering services under the license; (3) negligent, incompetent or wrongful conduct in rendering services under the license; or (4) violation of any provision of this section or regulations adopted under this section. The commissioner may take action pursuant to said § 19a-17 after providing notice and an opportunity for a hearing on any contemplated action under said § 19a-17.
(i) Any person who violates any provision of this section shall, for each offense, be guilty of a class C misdemeanor.