A. 
The Town of Marlborough (the "Town"), through the Marlborough Water Pollution Control Authority ("the MWPCA"), is the owner and operator of a public sewer; and does not own, operate or have located within the territorial limits of the Town any arrangements or devices for the treatment of sewage and sludge; and has entered into a written contract with the Colchester/East Hampton Joint Facilities and the Town of East Hampton Water Pollution Control Authority whereby and wherein each party has agreed to accept, treat and discharge the flow of sewage from certain parts of the Town's public sewer into and out of the Water Pollution Control Facility owned, operated and maintained by Colchester/East Hampton Joint Facilities.
B. 
These regulations establish the procedures for making connections and use of the public sewer in the Town. They also establish specific limits for septic flows and pollutant discharges which by their nature or by their interaction with sewage will be detrimental to the public health, cause damage to the public sewer or the water pollution control facility, pollute the waters of the State, or otherwise create a public nuisance. Further, these regulations pertain to the sewer avoidance area of the Town.
C. 
These regulations are intended to:
(1) 
Inform the public as to the technical and administrative procedures to be followed in obtaining connection to the public sewer system;
(2) 
Prevent the introduction of pollutants into the public sewer system which will interfere with the collection and/or treatment system;
(3) 
Prevent the introduction of pollutants into the treatment system which will pass through the system, inadequately treated, into the waters of the state, or the atmosphere, or otherwise be incompatible with the system;
(4) 
Improve the opportunity to recycle and reclaim wastewater and sludge from the system;
(5) 
Ensure the proper operation of on-site septic systems outside the sewer service areas in conjunction with the Chatham Health District.
D. 
These regulations authorize the issuance of wastewater discharge permits; provide for monitoring, compliance, and enforcement activities; establish administrative review procedures; require user reporting; and provide for the setting of fees for the reasonable distribution of costs resulting from the program established herein.
E. 
These regulations shall apply to the Town and to persons outside the Town who contribute flow to the public sewer system. Except as otherwise provided herein, the Town, through the MWPCA and its officers, agents, employees and persons bearing proper credentials and identification, shall implement and enforce the provisions of these regulations.
A. 
Purpose and authority. In accordance with Chapter 103, and particularly C.G.S. § 7-246, the MWPCA hereby establishes the Marlborough Water Pollution Control Plan ("Plan") for the Town.
B. 
Area of concern. In response to statutory and regulatory requirements administered and enforced by the Connecticut Department of Energy and Environmental Protection, the Town initiated a sanitary survey conducted from 1999 to 2002, to evaluate the condition of the existing on-site sanitary waste disposal systems in the Lake Terramuggus Watershed and the Marlborough Town Center Area. The study, conducted by SEA Consultants, Inc., resulted in the publication of the Lake Terramuggus Wastewater Facilities Plan for the Town of Marlborough, Connecticut. On the basis of that facilities plan, the MWPCA determined the geographical portion of the Town shown and designated as the "Primary Sewer Service Area" and "Future Sewer Service Area" on the Sanitary Waste Management Plan in which public sewer construction is appropriate.
C. 
Sewer avoidance. Sewer avoidance is a desirable policy for municipalities where public sewers are located in a limited service area, do not exist, or are not planned. The MWPCA concludes that sewer avoidance is appropriate as a policy for the Town outside of the public sewer services areas depicted on the Sanitary Waste Management Plan.
D. 
Designation and delineation of service and nonservice areas. The MWPCA hereby adopts and incorporates in this plan the map entitled "Sanitary Waste Management Plan." The map officially designates the Primary Sewer Service District, Secondary Sewer Service District, and the Sewer Avoidance District.
The MWPCA reserves the right to establish, by regulation or through wastewater discharge permits, more stringent standards than the existing requirements and standards of these regulations on discharges to the public sewer and to its facilities.
A. 
The MWPCA hereby establishes a public sewer service district to be known as the "Marlborough Sewer Service District," as shown on a map entitled "Sanitary Waste Management Plan" prepared by Tighe and Bond, Inc., dated December 2009, on file in the office of the Town Clerk of Marlborough.
B. 
There is a finite limit to the quantity of sewage that the joint facilities treatment plant can accept from Marlborough. It is thus not the intent of the MWPCA to plan for growth of the Marlborough Sewer Service District boundaries beyond those areas depicted on the Sanitary Waste Management Plan. It is the role of the MWPCA to allocate flows within the Marlborough Sewer Service District and to minimize any expansion of the public sewer into the Sewer Avoidance District.
C. 
The Marlborough Sewer Service District is defined as depicted on the Sanitary Waste Management Plan as:
(1) 
Primary sewer service district. These areas are shown on the map as being served by present sewer installations and design area.
(2) 
Secondary sewer service area.
(3) 
Sewer avoidance district.
The MWPCA recognizes that mitigating circumstances such as community needs may necessitate future amendments to the district boundaries. Any request to amend the Sanitary Waste Management Plan boundaries will be considered by the MWPCA, subject to the following criteria:
A. 
In considering a request to amend the Sanitary Waste Management Plan boundaries the MWPCA shall take into consideration the following:
(1) 
Marlborough Plan of Conservation and Development.
(2) 
State Plan of Conservation and Development.
(3) 
Capitol Region Plan of Conservation and Development.
(4) 
Sanitary Waste Management Plan adopted by the MWPCA.
(5) 
The Marlborough Inland/Wetland Regulations and Zoning Regulations.
B. 
The MWPCA will submit petitions for amendments to the Marlborough Conservation Commission, the Marlborough Planning Commission, and the Marlborough Zoning Commission for review and comments.
C. 
Prior to any vote by the MWPCA to amend the Marlborough Sewer Service District boundaries a public hearing will be held. The petitioner shall notify abutting property owners at least 14 days prior to any hearing date by certificate of mailing, and the hearing must be legally warned at least 14 days prior to being held.
D. 
The availability of wastewater pumping and treatment flow capacity as it relates to the contractual daily flow limits with joint facilities permitted and capacity of the systems physical facilities at that time.
A. 
Application form.
B. 
A written statement of compliance with the policies and goals of the Town, Regional and State Plans of Conservation and Development.
C. 
Proposed use of the property and projection of domestic sewage flows associated with that use(s).
D. 
An A-2 survey of the boundaries of the petition area that shows the names of property owners within the amendment area and direct abutters.
E. 
Certificate of mailing receipts to abutters.
F. 
Other information deemed necessary by the MWPCA.
The invalidity of any section, clause, sentence or provisions of these regulations shall not affect the validity of any other part of these regulations which can be given effect without the invalid part or parts.