A.
Where any industry is served notice of a violation,
the Town may require in its notification letter that plans, specifications
and any other pertinent information relating to such corrective actions
be submitted for review and approval by the Town or its duly appointed
agent prior to commencement of any such corrective action.
B.
The Town may require, as a condition to the connections
and/or continued use of the Town's sewer facilities, that flow metering,
pH monitoring and suitable effluent sampling stations be provided
at the owner's expense by industry connected to the Town's sewer system
as required by prudent engineering standards.
The provisions of these regulations with respect
to the meaning of technical terms and phrases, the restrictions as
to what wastes may be discharged into sanitary sewers, the regulations
with respect to making connections to sanitary sewers and other technical
matters shall be interpreted and administered by the Manager or an
authorized agent thereof.
Details as to sanitary sewer use, sanitary sewer
connections, etc., not otherwise regulated or described by some provision
of these regulations shall continue as heretofore established by local
custom and practice, as interpreted by the Manager or an authorized
agent thereof.
A.
Any person who may be aggrieved by an interpretation
of any provision of these regulations made by any authorized agent
of the Town of Tolland or by an order issued any such authorized agent
under the authority conferred by these regulations, or by any requirement
of these regulations or by any classification of any sanitary sewer
made by any such authorized agent may, within 21 days, appeal from
such interpretation, order, classification or requirement to the WPCA.
Any such appeal shall be in writing, addressed to the WPCA care of
the Tolland Town Clerk, setting out the matter in reasonable detail
and completeness. The WPCA, within 45 days, shall consider any such
appeal made to it and, if so requested by any person interested therein,
shall afford all interested parties an opportunity to be heard by
the WPCA or by a committee thereof.
B.
Thereafter the WPCA shall take such action in the
matter of the appeal as may to it appear proper and, in its discretion,
may alter the interpretation, order or requirement of said authorized
agent in whole or in part. Until such time as the WPCA shall have
received and considered an appeal and shall have voted to change the
interpretation, order or requirement of said authorized agent, such
interpretation, order or requirement of said authorized agent shall
be observed and remain in full force and effect.
If any section, clause, sentence or provision
of this regulation shall be adjudged invalid or unenforceable, such
adjudications shall not affect the validity of any other provision
hereof, but all other provisions shall be deemed valid and effective
and shall remain in full force and effect. All ordinances or parts
of ordinances in conflict herewith are hereby repealed.
A.
No unauthorized person shall open the cover of, enter
or alter any manhole or other appurtenance of any public sewer, place
or insert in any public sewer or its appurtenances any foreign material
which said sewer or its appurtenances were not intended to receive,
nor shall any person damage, destroy, uncover, deface or tamper in
any way with any public sewer or its appurtenances. Any person violating
this provision of this regulation shall be subject to arrest.
B.
Any person violating any provision of these regulations
shall be subject to the following penalties, in addition to any other
statutory or common law liability, civil or criminal:
C.
Any person found to be in violation of any provision
of this regulation shall be served by written notice stating the nature
of the violation and a reasonable time limit for the correction thereof.
D.
Any person who continues any violation beyond the time limit specified in Subsection C shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in an amount not exceeding $99 as per Section 7-148(c)(10)(A) of the Connecticut General Statutes for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
E.
Any person who is found to be in violation of any
of the provisions of this regulation shall become liable to the municipality
for any expense, loss or damage occasioned the municipality by reason
of such violation.
F.
Any person who is found to be in violation of Section
22a-430 of the Connecticut General Statutes, as amended, shall be
subject to a monetary penalty or forfeiture under Section 22a-438
of the statutes.
The WPCA may amend, by resolution, the fees
and charges set forth herein.
This regulation shall become effective 15 days
after publication in a newspaper having a circulation in the Town
of Tolland.
A.
Pursuant to CGS § 7-246f, the Authority
will accept applications for the construction of community sewerage
systems. All such applications shall be on a form approved by the
Authority.
B.
Hearings.
(1)
The Authority shall hold a hearing on any such application
at which time the applicant shall submit evidence, which in the opinion
of the Authority, will ensure the effective management of the community
sewerage system which shall include evidence that:
(a)
The owners of all properties served by the system
shall be members of a property owners' association which is organized
and operated in accordance with Chapter 602 of the Connecticut General
Statutes and which shall exist as long as any property is served by
the system.
(b)
The association shall have the authority and
the responsibility to operate, maintain, repair and improve the system
in accordance with all applicable requirements, and in a manner which
will prevent pollution of the waters of the state. Such association
shall have the power to borrow money to finance such activities, and
to defray the cost of such activities by levying assessments against
the properties served by the system. Any such unpaid assessment shall
constitute a lien upon the property against which such assessment
was levied. Each such lien may be continued, recorded and released
in the manner provided by the general statutes for continuing, recording
and releasing property tax liens, and such lien may be foreclosed
in the same manner as a lien for property taxes, but shall not be
construed to have any greater priority than any ordinary lien upon
such property.
(c)
All of the properties to be served by the system,
and all other land upon which is located any part of the system, shall
be owned in fee or shall be subject to a long-term leasehold or to
a system of perpetual easements, held by the association or by the
members thereof. Such title or easements shall be sufficient to allow
such properties to be served by the system and to allow the association
to operate, maintain, repair and improve the system.
(d)
Such association shall assure the availability
of funds that are of actuarial adequacy for the continued operation,
maintenance, repair and improvement of the system without pollution
of the waters of the state.
(e)
Prior to any discharge to the system, the following
requirements shall be met:
[1]
The association shall be created and a document
or documents establishing its duties and powers as provided in this
section shall be filed on the land records of the municipality in
which the system and properties to be served thereby are located;
[2]
The system shall be owned by the association
as provided in this section and rights of a mortgagee or similar interest
in the system shall be subordinated to the ownership of association;
[3]
The association shall obtain a permit to discharge
as provided by Section 22a-430 of the Connecticut General Statutes;
and
[4]
The association shall certify to the Water Pollution
Control Authority and the building official of the municipality that
a permit to discharge has been obtained.
(2)
If, in the opinion of the Authority, it would be in
the best interest of the residents of the Town of Tolland, it may
hold a public hearing on any application under this section.
C.
Upon approval of a community sewerage system under
this section, the applicant shall enter into a developer's agreement
with the Authority in a form satisfactory to the Authority and its
counsel. Said agreement shall be recorded in the Tolland land records.
The agreement shall provide for lien rights in favor of the Authority
and/or the Town of Tolland in the event that the Town expends any
sums for the maintenance and repair of the system
