[HISTORY: Adopted by the Town Meeting of the Town of East Granby as indicated in article histories. Amendments noted where applicable.]
Building Code — See Ch. 196.
Article I Water Pollution Control Authority
Article II Sewage Disposal Plant
[Adopted as Ch. XXIV of the 1975 Code]
Pursuant to C.G.S. § 7-246(a), the Board of Selectmen is hereby designated as the Water Pollution Control Authority, and the Water Pollution Control Authority heretofore existing is abolished as of February 2, 2005. Whenever reference to the "Sewer Authority" or the "Water Pollution Control Authority" appears in this Chapter 240 or elsewhere in the Codified Ordinances, the reference shall, on and after the effective date herein specified, be deemed to be to the Board of Selectmen acting as the Water Pollution Control Authority.
The Authority shall administer and enforce the provisions of this article and any regulations established by it under the provisions of this article and the provisions of Chapter 103 of the Connecticut General Statutes, as amended.
The Water Pollution Control Authority shall establish and print regulations governing the construction and use of sewers and drains discharging into the public sewer system in the Town, including definitions of terms, methods of authorizing sewer work, materials and workmanship, usage, establishment of standards for deleterious substances which cannot be discharged into the sewer system, licensing of drain layers, construction and connection permits, assessment of benefits, connection charges, usage charges and reimbursement for work done by the Town as well as such other regulations as are authorized by Chapter 103 of the Connecticut General Statutes, as amended.
The Authority may direct elected or appointed officials of the Town or employees or consultants engaged by the Town through any of its departments to act on its behalf.
It shall be unlawful for any person to place, deposit, or permit to be deposited in an unsanitary manner in or upon public or private property within the Commerce Park Zones of East Granby any human or animal excrement, garbage or other objectionable waste, except in the course of normal farm operations.
It shall be unlawful to discharge to any watercourse, pond, ditch or lake within the Commerce Park Zones of the Town any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article.
Except as otherwise provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for sewage disposal on any property in the Town.
Where a public sanitary sewer is not available, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section, and the regulations of the Water Pollution Control Authority.
Before commencement of construction of a private sewage disposal system in any Commerce Park Zone, the owner shall first obtain a written permit from the Water Pollution Control Authority or their authorized representative. The application for this permit shall be made on a form furnished by the Water Pollution Control Authority. A permit and inspection fee of $250 shall be paid to the Town Treasurer at the time the application is filed.
The type, capacities, location and layout of a private sewage disposal shall comply with all recommendations of the State Department of Public Health and the State Building Code. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.
At such time as a public sewer becomes available to a property served by a private sewage disposal system, a direct connection shall be made to the public sewer in compliance with this article, if the Health Officer shall find the private sewage disposal facilities are inadequate, and any septic tanks, cesspools and similar private sewage disposal shall then be abandoned and filled with suitable material.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the Town.
No statement contained in this section shall be construed to interfere with additional requirements that may be imposed by the Health Officer or the Building Code.
To insure compliance with the forgoing sections of this article and to facilitate the supervision of the construction, operation and repair of sewers and drains and the keeping of records thereof, no person other than those described below shall construct, repair, alter or remove any sewer, building connection connected to or with or discharging directly or indirectly onto or into any public sewer of the Town or intend to discharge thus at some future time, regardless of whether the work is located in a public street or on public or private land.
The following may, as indicated, construct, repair, alter or remove sewers and drains subject to supervision and approval by the Authority:
Regular forces of a contractor employed by the Town, operating under orders of the Authority and in performance of work for the Town.
Regular forces of the Metropolitan District, and regular forces of the Town and State Highway Department operating under and subject to permit for the particular job to be issued by the Authority, and while engaged in the regular work and operations of the water company, Highway Department of the Town or State Highway Department.
Regular forces of any public utility company or corporation authorized by state law to construct, maintain and operate pipes or ducts within public highways, within the Town while engaged in work incidental to the regular structures of the utility company and operating under and subject to the conditions of a permit for the particular job issued by the Water Pollution Control Authority.
Any person, firm or corporation which shall have been licensed under this article by the Authority to perform work of the type in question during the period provided in the license and when operating under and subject to the conditions of a permit for a particular job and issued by the Authority or its authorized representative.
The limitations as to persons who may construct, alter, or repair building connections, drains and sewers, as provided above, shall not restrict the usual work of plumbers or others when operating in accordance with the plumbing and building codes of the Town and when they are working on pipes within or not more than eight feet outside the walls of a building or similar structure, provided no plumber or other person shall make any connection to a public sewer of the Town without a permit, even if the sewer is located under or immediately adjacent to any building or similar structure and all use made of them shall conform to the requirements of this article as to what may or may not be permitted to be discharged into public sewers.
The Authority may revoke the license of any licensed drain layer if the workmanship or materials provided by him fail to conform to this article or the regulations of the Water Pollution Control Authority.
No person, other than those working for and under the direction of the Town, shall make any excavation for or construct, install, lay, repair, alter or remove any sewer, drain sewer or drain connection or appurtenance thereof, within the Town, which sewer, drain, etc., is in any way connected to or discharges directly or indirectly to or into any public sewer of the Town, or is intended at some future time to be so connected or so discharged until the person or party shall have applied to the Authority or its authorized representative for a permit for doing such work. Permits may be issued only to those qualified to perform such work as provided above in Subsection B.
All completed applications for licenses, permits and a record of work performed under every permit issued shall be kept as permanent records of the Town.
Permits shall be kept on the premises at all times where work is in progress and shall be shown to any person asking to see the same. All persons operating under such permits shall be held responsible for conformity to the requirements thereof of this article.
Any permit may be suspended, canceled or terminated by the Water Pollution Control Authority on written notice to the permittee for violation of its conditions or for violation of the requirements of this article or of the standards and specifications established by the Authority for such work as public interest. Suspension, cancellation, or termination of a permit shall not entitle the permittee to any compensation or reimbursement from the Town or its agents for any alleged loss or expense incurred, and permits shall be issued only on this condition.
If any person violates any requirement of this article or any regulation of the Authority, the Authority may, in its discretion, order or direct that person to expose the work for inspection if found deficient to correct it.
If any person, after proper order or direction from the Authority, fails to take the remedial steps to perform the acts required by Subsection A of this section, the Authority may cause the disconnection of service to the property on which the violation has occurred and the expenses of such work shall be reimbursed to the Town by the owner of the property or the person causing the violation.
Any person violating any provision of this article may be proceeded against and fined not more than $100. Each day that any violation of this article continues and each day that any person continues to discharge improper wastes or substances in any public sewer shall be deemed a separate offense for the purpose of applying the above penalties.
Whenever a public sewer is constructed within the Town, the Water Pollution Control Authority shall establish an assessment of benefits based upon construction and related costs and the physical characteristics of each property in accordance with the provisions of Chapter 103 of the Connecticut General Statutes, as amended.
Whenever a connection is made to a public sewer within the Town, the owner of the property so connected shall pay the full cost of connection, including reimbursement to the Town for any expenses deemed necessary by the Authority to ensure compliance with this article.
Whenever a sewer is laid out and assessed by the Town through or adjacent to undeveloped lands or in a highway abutting such undeveloped lands, and whenever the Water Pollution Control Authority determines that the time or completion of the sewer there would not be immediate benefit according to the land, and that such benefits will not accrue until there is a major change in conditions of accessibility in zoning restrictions, or in use, or in other conditions, the Authority may defer the assessment and its collection until the growth and development of the area warrants a determination of such deferment.
When an assessment for a sewer or any land has been deferred, connections from such lands to the sewer shall not be permitted until:
The Water Pollution Control Authority has determined that the conditions have altered due to change in accessibility, zoning, use or the establishment or dedication of streets or to the approval of subdivisions by the Planning and Zoning Commission, or in some other manner sufficient for normal benefit to accrue to the land or any part thereof and the Authority has declared that the assessment on the land is due and payable and given proper notice of that fact; or
A sanitary sewer connection change has been paid by or for the owners of the land which is to be served by the connection.
To notify an owner or prospective buyer of land upon which there is an assessment for a sewer laid, but deferred, a caveat shall be filed within 30 days of the passage of the resolution laying out the sewer and the benefits, though deferred, shall be a lien upon the land on account of which they were assessed, which lien shall commence and attach to such land from the time of passage by the Authority of the vote laying out the sewer and it shall remain a lien thereon until three months after such time as the benefits the assessment of which was deferred shall be finally assessed and declared due and payable, but thereafter such caveat shall not remain a lien unless within three months after the assessment of benefits has been declared due and payable, a certificate signed by an agent of the Authority is lodged with the Town Clerk, for record, which certificate shall describe the premises, the amount assessed, and the improvement for which is was assessed, and provided in all cases of such liens, within 30 days from the time when such liens shall commence and attach to the land, a caveat shall be entered in a record to be kept by a designated agent of the Authority briefly describing the lands upon which such liens shall attach, together with the names of the owners of it. Such caveats shall further indicate the provisions for future payment.
Whenever a sewer has not been laid out and assessed by the Authority but has been built for the Authority under a developer's permit agreement passing land owned by others, which others may later request a building connection to the sewer, no connection shall be permitted by the Authority unless:
The other owner first submits satisfactory written proof to the Authority that he has paid the developer a normal and equitable share of the sewer construction cost; or
The other owner first signs a form of agreement waiving the Authority's usual layout and assessment procedures and pays a sanitary sewer connection assessment covering the section in question.
The Authority may, at its discretion, include in agreements with developers or other owners for the construction of sewers by and at the expense of the developers or owners provisions for reimbursements for the developers or owners from sanitary sewer connection charges as provided in Subsection D above for the cost of the sewers constructed by them in sections of highways on which lands owned by them do not abut, such reimbursements, not to exceed the cost of construction within such sections of highways and limiting the time within the reimbursements may occur to such time as the Authority may deem expedient for the particular case but no reimbursement shall be made after the 10 years from the date of the incorporation of the particular sewer into the public system. Expiration of the time for reimbursement to the developer shall not release the subsequent permittee from paying a connection charge to the Town.
Whenever a sewer has been laid out and constructed by the Authority to serve a particular section of highway or a particular area, no connection shall be permitted on property which has not been assessed thereof, unless prior to such connection, the owner of the property first enters into a special agreement, to be recorded in the land records and providing for advance payment by the owner of a sanitary sewer connection charge except in that situation where the Authority shall, by appropriate vote, permit payment of the connection charge over a period to be determined by the Authority, and provided that the permission granted will not affect the power of the Authority to make future sewer layouts, and benefit assessments for them, against the owner's property, in the same manner as if permission to connect has never been granted by the Authority, and agreeing to credit the connection charge payment toward any such future assessment without allowance for interest between the date of payment of the charge and the date of any future assessment billed the owner.
This article shall not restrict or limit the powers given the Authority under state statutes to establish and revise rules and regulations for the supervision, management, control, operation and use of a sewage system, including rules and regulations prohibiting or regulating the discharge into a sewage system of any sewage or any stormwater runoff which, in the opinion of the Authority, will adversely affect any part or process of the system.
By virtue of a special act, the Authority may install water mains for firefighting purposes only; while retaining all powers granted by Chapter 103 of the Connecticut General Statutes, as amended.
The Tax Collector shall collect the sewage system assessments, connections and use charges provided for under C.G.S. §§ 7-249 through 7-254, as amended.
[Adopted 6-29-1994; amended 7-27-1994]
The water assessment benefit liens heretofore or hereafter levied by the Water Pollution Control Authority may be paid in such number equal, consecutive, annual installments as shall be determined by the Water Pollution Control Authority. Installments shall be deemed delinquent if not paid within the calendar month when they first come due, and interest on such delinquent installments, at the rate of 10% (per annum per calendar month or fraction thereof) shall thereafter be added to the assessment secured by such liens. Payments on account of any such liens shall be applied first to interest.
The Water Pollution Control Authority is hereby authorized on behalf of the Town to execute an agreement with the Metropolitan District (hereinafter "the District") pursuant to which the District will supply potable water to properties located within an area of service to be more particularly defined in the agreement through a water supply system and facilities to be constructed or installed by the Town, which agreement may provide for the transfer by the Town to the District of all existing water supply system and facilities and all existing systems and facilities to be constructed or installed in or serving the area of service; and which agreement may further provide for the metering and billing of water service in the area of service directly by the District to the users.
[Adopted 1-30-1963 (Ch. XXVIII, Art. 2, of the 1975 Code)]