[HISTORY: Adopted by the Town of Weston 1-4-1982, effective 2-4-1982 (Ch. 7.5, Art. II, of the 1981 Code). Amendments noted where applicable.]
The Board of Selectmen of the Town of Weston, Connecticut, hereby adopts these regulations in furtherance of its commitment to protect and preserve an adequate potable water supply from its underground water resources and to protect and preserve its watercourses and wetlands. More specifically, regulation of groundwater heat pumps is deemed necessary in furtherance of that commitment in order to:
Protect and preserve the quality and quantity of the Town's underground water supply;
Protect and preserve watercourses and wetlands from adverse effects of unnatural changes in water temperature and/or volume;
Protect soils from erosion and subsidence; and
Prevent ponding of waters not of a natural origin.
As used in this chapter, the following terms shall have the meanings indicated:
- The Conservation Commission.
- GROUNDWATER HEAT PUMP
- Includes a heat transfer system dependent upon the principle of using constant-temperature groundwater in conjunction with a heat exchanger that contributes wholly or in part to the heating or cooling system of a residence.
These regulations governing the use of groundwater heat pumps and the granting of any permit are not intended and shall not be construed as an approval or endorsement of any proposed system or any particular equipment. Rather, these regulations are intended solely to prohibit the use of any groundwater heat pump which does not meet the minimal requirements set forth in these regulations for issuance of a permit. In granting any such permit, the Town of Weston and its agencies and agents specifically disclaim any responsibility for the installation, proper performance or functioning of any equipment or system, present or future.
Subsequent to the ratification of this regulation, groundwater heat pumps within the Town are prohibited except as they may be licensed as herein provided.
Licensing shall be based upon a determination of favorable hydrogeologic conditions and construction design relative to each property for which an application is made. Preliminary testing for all such installations shall be required to reasonably assure that an adequate supply of groundwater is now and will remain available and that the dispersion or return of used water to the aquifer will be undertaken in a manner which poses no unnatural and/or undesirable changes to the quality of the return waters or to the soils, wetlands or watercourses.
In no case shall direct discharge of used water from a groundwater heat pump installation be permitted into swamps, bogs, watercourses, or water bodies or directly or indirectly into storm sewers or municipal drainage systems or overland surfaces.
Used water dispersion shall take place in near proximity to the supply well to better ensure a maximum return of the discharge water to the supply well and to minimize the likelihood of impacting any local septic system.
An acceptable method of dispersion shall include but not be limited to galleries or leaching fields. Geologic data, such as a well-driller's log of the water supply well, shall be provided for assessing the effectiveness of the used water dispersion system for recharging the aquifer. Analysis of such data by a licensed professional may also be required to be submitted.
Groundwater heat pumps with a partially self-contained system shall meet dispersion criteria established above.
Air-to-air heat pumps and totally self-contained systems shall be exempted from this chapter.
Any person wishing to install a groundwater heat pump shall submit an application to the Conservation Commission at a regularly scheduled meeting of this agency.
No application shall be deemed complete unless it shall be in such form and contain such information as the agency deems necessary for a fair determination of the acceptability of the proposed heat pump system. The agency shall inform all applicants in writing upon the completion of their application. Such notification will not be considered a limitation to requests for additional data should final determination of a proposal's acceptability be constrained by its absence.
The information required by the agency shall be furnished in sufficient copies to permit the agency to carry out its duties under these regulations. In no case will fewer than five copies be accepted for a final review of the proposal.
All information submitted in the application for review shall be considered factual or, in the case of anticipated installation, binding. A knowing failure of the applicant or any of his, her or its agents to provide correct information, or performance failing to meet or exceed the levels of activity anticipated, shall be sufficient grounds for the revocation of any permit under these regulations and/or penalties to be imposed under § 87-8B.
Contents. All applications shall include the following information in writing and shall be on a form provided by the agency and available from the office of the Town Clerk:
The applicant's name, home and business addresses and telephone numbers.
The owner's name (if the applicant is not the owner of the property), home and business addresses, telephone numbers, and written consent to the proposed activity set forth in the application.
The applicant's interest in this activity.
The geographical location of the property which is to be affected by the proposed activity, including a description of the land in sufficient detail to allow identification of the properties on the Inland Wetlands and Watercourses Map, as well as on the Dominski/Oakrock Association Aquifer Map No. 11, as published on page 34 of the Weston Environmental Manual, dated June 1976, or other map(s) designated by the agency.
The name of the well-drilling contractor, place of business, Connecticut driller's registration number, and geologic log and construction data of the water supply well to be used as the groundwater source for the heat pump.
The chemical analysis of a sample of water from the water supply well, including turbidity, pH, hardness, total solids, alkalinity, chloride, iron, and manganese, as well as the temperature of the used water discharged into the dispersion system.
The results of a continuous pumping yield test of the water supply well of not less than 24 hours' duration, including measurements from land surface to the prepumping static level and near-end-of-test pumping level and the start-of-test and end-of-test discharge rate.
Maximum heat pump water use rate during winter heating function and summer cooling function, as certified by the system designer.
A detailed description of the used water dispersion system; identification on a site plan of the location of the supply well, buildings, primary septic and reserve areas and receiving galleries or leaching fields for heat pump discharge water. The description should include design depth and capacity of the discharge water receiving system.
Additional information. The agency shall not necessarily be limited to that information requested on the application, if additional information may be required to properly evaluate the application.
If the agency decides after a full review of the application and the supporting information that the installation of a groundwater heat pump in such location meets the requirements of this chapter and in no way violates any of the provisions of the Town of Weston's Ordinance Concerning the Regulation of Inland Wetlands and Watercourses (effective latest revision) [Chapter 215 of this Code], permission to make this installation will be granted either with or without specified conditions. The applicant shall be so notified in writing.
If the application is denied, the agency shall notify the applicant in writing stating the reason for the rejection. In the event that the application is approved, the contractor who will be responsible for the installation of the heat pump shall be required to sign a statement on a form provided by the agency that he has read the application and agrees to abide by the approval, with or without conditions, granted by the agency prior to commencement of installation.
The agency shall render its decision within 65 days after acceptance of a completed application, and the agency shall notify the applicant within 15 days of the date of the decision. An extension of an additional 65 days may be effected if agreed to by both the Commission and the applicant.
The fee for application shall be $25 and shall be applied to defray the cost and expenses of the agency in carrying out its duties under this chapter.
If the agency finds that the purpose or intent of this chapter is violated in any manner, the agency or its enforcement officer shall be authorized to issue a written order to such person maintaining such installation to correct such installation or condition. Such order shall be effective immediately upon its service to such person.