[Added 2-19-2008]
The purpose of this article is to protect the
public health, safety and welfare of Guilford residents by ensuring
proper maintenance and repair of privately owned and operated on-site
wastewater disposal systems that discharge large amounts of effluent
into the groundwaters or surface waters within the Town of Guilford.
This article applies to all community and common on-site wastewater
disposal systems serving one or more structures that are owned, operated
or maintained by a nongovernmental entity.
As used in this article, the following terms
shall have the meanings indicated:
Any community on-site alternative wastewater disposal systems
serving one or more structures that have a design flow capacity in
excess of 5,000 gallons of effluent per day and that are owned, operated
or maintained by a nongovernmental entity, including any individual
septic tanks, pumps, lines, treatment facilities, drainfields, reserve
fields, lift stations and appurtenances thereto that are part of such
system.
On-site sewerage system serving two or more residences in
a single structure.
On-site sewerage system serving one or more residences in
separate structures which utilizes conventional septic system or ATWDTS
technology for treatment of domestic wastewater.
A person, corporation, association or other entity that is
responsible for the day to day operation and maintenance of the community
ATWDTS and ensuring compliance with all permits and applicable federal,
state and local laws and regulations.
A person, corporation, association or other legal entity
that owns the facilities and assets of the community or common septic
system. The owner may also be the operator if it meets all the requirements
of this article for an operator.
The Town of Guilford.
The Water Pollution Control Authority of the Town of Guilford
or any successor thereto as designated by the Board of Selectman.
No new community or common septic system shall
be constructed, installed or operated within the Town unless the following
conditions have been met:
A.
Permits. All required final permits shall be obtained
from governmental authorities having jurisdiction over the construction
and operation of such systems, including but not limited to the State
of Connecticut Department of Environmental Protection, the State of
Connecticut Department of Health and the Town of Guilford. The owner
will supply copies of all such permits and approvals to the WPCA.
The owner shall likewise notify the WPCA upon the expiration, revocation
or modification of all permits.
B.
Operation and maintenance and replacement reserves escrow agreement. The owner(s) of community or common septic systems shall have entered into an escrow agreement or agreements on forms satisfactory to the WPCA providing for operation and maintenance and replacement reserves pursuant to § 228-20 of this article.
C.
Certificate of compliance for community ATWDTS. The
WPCA shall have received a copy of the certificate of compliance from
a professional engineer with expertise in wastewater systems stating
that the ATWDTS as designed and constructed will adequately process
sanitary sewage and waste as required by and in conformance with all
applicable laws and permits.
D.
Contracts and certifications. The WPCA shall have
received a copy of the current contract between the owner and the
operator, if applicable, and copies of all current licenses and certificates
required by federal, state or local law and regulations for persons
operating the ATWDTS.
E.
Other requirements. The common and community septic
systems shall meet such other requirements as may be determined by
the WPCA.
The owners shall establish, maintain and fund,
on a yearly basis, an operation and maintenance reserve in an amount
sufficient to fund the yearly cost of at least five years of monitoring,
inspection, operation, maintenance and repair of the ATWDTS, community
or common septic system. In addition, the owner shall establish and
fund a replacement reserve in an amount sufficient to fund at least
50% of the anticipated replacement costs of the community or common
septic system, including the anticipated costs of replacement or reconstruction
of the collection system treatment plant, ATWDTS and drainfields.
Such reserve funds shall be established pursuant to the declaration
of or equivalent covenants and restrictions forms maintained by the
WPCA; and shall provide for the prompt replenishment of all amounts
expended from the reserves.
A.
Qualifications of owners and operators. The owner(s)
of a community or common septic system shall at all times have the
financial capacity to perform its obligation under this article. The
owner shall employ or contract with a sufficient number of personnel
with the qualifications and certifications required under applicable
law to ensure the availability of both regular operations, maintenance
and emergency service to the community ATWDTS and shall provide evidence
of compliance with this requirement on an annual basis to the WPCA.
The owners shall not transfer ownership of the community system without
the written consent of the WPCA and the Connecticut DEP, which shall
ensure that the transferee succeeds to the owner's obligation under
this article.
B.
Reports; information required. The owner shall supply
to the WPCA, at least annually or more frequently if required by the
WPCA:
(1)
A certification from a professional engineer with
expertise in wastewater systems setting forth the maintenance, repair
and replacement needs recommendations for the ATWDTS for the next
year, together with an estimation of likely expenses, and stating
without reservation that the condition of the ATWDTS, together with
the operating budget and the satisfaction of the maintenance, repair
and replacement needs, is such that the ATWDTS is capable of meeting
all applicable requirements for its operation.
(2)
Copies of the current contract between the owner and
the operator, if applicable, and of all current licenses and certifications
required under applicable law or regulation for persons operating
the community ATWDTS.
(3)
Copies of all monthly and quarterly discharge monitoring
reports and monitoring well reports for ATWDTS and conventional community
septic systems.
C.
Notification. The owner and operator shall notify
the WPCA immediately of any malfunction of the ATWDTS, community or
common septic system, or the results of any test that exceed state
standards for effluent quality.
A.
In the event that the owner of the common or community septic system becomes insolvent, goes into bankruptcy or receivership, voluntarily dissolves or ceases to exist; fails to maintain the reserves as provided in § 228-20; fails to make repairs required by the operator, the WPCA or any other regulatory agency; otherwise is unable, unwilling or fails to operate the system in full compliance with applicable laws, regulations and permits, including any provisions of this article, the Town has the right, but not the obligation, to take the following actions:
(1)
Repairs. The Town or its designee may enter the property
and perform any necessary inspection, testing, maintenance, repair
or replacements at the Town's expense, which costs shall be reimbursed
to the Town either directly by the owner or from the operator and
maintenance or replacement reserves.
(2)
Assumption of ownership. The Town may assume ownership
of the facilities, assets and reserves, and either:
(a)
Operate such system as a public utility, with
power to assess user charges and fees to system users;
(b)
Cause the system to cease operation; or
(c)
Transfer the facilities, assets and reserves
to a new owner that meets all the requirements of applicable laws
and regulations, including this article.
B.
Notwithstanding the foregoing, unless the Town assumes ownership of the system pursuant to Subsection A(2), the owner remains solely responsible for all costs of installation, monitoring, operations, inspection, maintenance, repair and replacement of the ATWDTS and all liability associated with the system. Transfer of ownership of the system to the Town or to any successor owner shall not relieve the prior owner from civil or criminal liabilities arising under this article or other applicable law or regulation. The prior owner shall be responsible for reimbursing the Town for all costs and expenses, including reasonable attorney's fees, that the Town must incur to provide for the proper operation of the system or to ensure compliance with this article and other applicable law and regulation.
The WPCA may exercise such additional powers
with respect to the community or common septic systems that are or
may be granted to WPCAs under applicable federal, state and local
laws and regulations.
