[Ord. of 9-24-2007]
(a)
This article shall be known as the "Sanitary Code of the Town of
New Milford" (hereinafter "Sanitary Code").
(b)
The purpose of this Code is to reduce the probability of water pollution
and the adverse public health effects that may result by establishing
standards for the construction, testing and treatment of individual
private water supplies and sewage disposal systems and to promote
sewer avoidance outside of the designated sewer service areas identified
by the New Milford Sewer Commission, thereby protecting the health
and welfare of residents of the Town of New Milford.
(c)
The Regulations of Connecticut State Agencies, Title 19, Health and
Safety, Department of Public Health, the Public Health Regulations
and Technical Standards for Subsurface Sewage Disposal Systems, and
Parts 1 and 2 of the Design of Subsurface Sewage Disposal Systems
for Household and Small Commercial Buildings, for the State of Connecticut
in their entirety (hereinafter the "Connecticut Public Health Code"),
as may be amended from time to time, are hereby made part of this
Sanitary Code and shall apply and govern all cases except where such
provisions of the Sanitary Code shall have more stringent requirements.
(d)
The issuance of any approval or permit shall not be construed as
a guarantee that the system has been properly constructed or will
function satisfactorily. Nor shall it in any way restrict the actions
or powers of the duly appointed Director of Health for the Town of
New Milford or his/her authority in the enforcement of any law, regulation
or ordinance.
(e)
No dwelling, apartment, boardinghouse, commercial building or other
structure or improvement that is outside of the designated sewer service
area shall be constructed in the Town of New Milford unless the water
supply and sewage disposal facilities are approved by the Director
of Health or his/her agent and are in accord with the provisions of
the Sanitary Code.
[Ord. of 9-24-2007]
As used in this article, the following terms shall have the
meanings indicated:
The Health Review Panel was established as an appeals board. It consists of the Director of Health and the following designated administrative officers: the Inland Wetlands Enforcement Officer, the Public Works Director and the Zoning Enforcement Officer. The Director of Health shall not be a voting member of the Panel. The duties of the Health Review Panel shall be as specified in §§ 22-4(d) and 22-8(c).
The minimum leaching system spread is a method of calculating
the hydraulic impact of the leaching area on the underlying soil and
assessing the capability of the soil to disperse the effluent. The
MLSS or equal must be calculated for all new and repair sewage disposal
system proposals.
Also is known as the New Milford Health Department.
The term "soil testing," as used in this article, means deep
observation pits, dug in the proposed septic area extending a minimum
of seven feet below the ground surface or four feet below the bottom
of the leaching system. "Soil testing" also includes percolation tests
dug to the depth of the proposed leaching area. Presoaking shall be
performed in accordance with the requirements of the Connecticut Public
Health Code.
[Ord. of 9-24-2007]
The following regulations shall govern the construction of all
individual private water supplies (wells) for new structures in the
Town of New Milford or existing structures where an individual private
well is proposed to serve a residence or other structure:
(a)
Any owner of a new public water supply system must seek approval
from the Department of Public Utility Control and the Department of
Public Health through the certificate of needs process identified
in the Connecticut General Statutes Section 16-262m or make arrangements
with an existing owner of a public water supply system to provide
service. If neither option is possible, an owner must construct individually
drilled private water supply wells complying with the provisions of
the Connecticut General Statutes, Article 4, Sections 25-128-33 through
25-128-57 and Sections 25-128-61 through 25-128-64 and appendix and
also the Connecticut Public Health Code Section 19-13-B51(a) through
(m) inclusive.
(b)
All private wells shall be located on the same parcel of land as
the dwelling they serve.
(c)
The location of all proposed private wells shall be indicated on
proposed subdivision plans and also on the plot plan for individual
residences or buildings that are proposed for construction. Proposed
private wells for existing residences may be indicated on plot plans
and located in the field. Of the seventy-five-foot minimum required
well radius, no more than 25 feet of this well radius shall be located
on adjacent privately owned residential or commercial properties or
a protective easement shall be obtained on the subject adjacent property
to prevent any activity within 50 feet of the private well that may
negatively impact said well. Where a private well is located adjacent
to publicly owned property (or property that is deed restricted or
otherwise conserved), thus minimizing the potential negative impact
to the subject well, no more than 50 feet of the well radius shall
be located on this adjacent property. Any easement obtained for this
purpose, as noted above, shall be prepared by the property owner and
approved by the Director of Health and shall be properly recorded
on the New Milford land records. Such easement shall be revocable
only by agreement of both property owners and the Director of Health.
Any new private well shall meet the separation distances established
by Section 19-13-B51d of the Connecticut Public Health Code between
wells and sewage disposal facilities, drains and any other items for
which it may establish separation distances, including underground
oil storage tanks.
(d)
A copy of the foundation as built or other means to determine the
location of property lines must be submitted before well permit approval.
(e)
A yield of at least the following will be considered a satisfactory
water supply:
|
Depth of Well
(feet)
|
Yield in Gallons per Minute
(gpm)
|
|---|---|
|
100 or less
|
5
|
|
101 to 150
|
3 1/2
|
|
151 to 200
|
2
|
|
201 to 300
|
1
|
|
Over 300
|
1/2
|
(f)
The static level of the well shall indicate that it is 75% full of
water or either the next higher yield shall be used or an adequate
storage tank, approved by the Director of Health, shall be installed.
(g)
Any repairs such as hydrofracturing, redevelopment or deepening performed
on a private well water supply require the well contractor to obtain
a permit in accordance with Section 25-128-1961 of the Connecticut
General Statutes and file the permit and well completion report with
the New Milford Health Department.
(h)
Any existing private well that will no longer be active for domestic,
business establishment, industrial or other use because of quantity
or quality problems or other reasons shall be abandoned by the property
owner, lessee or his/her agent. Abandonment shall be performed by
a registered well drilling contractor in accordance with the requirements
and procedures specified in Part 3, Sections 25-128-56 and 25-128-57
of the Connecticut Well Drilling Code and any subsequent revisions
concerning abandonment of wells. If a property owner wants to continue
to use an adequate or partially adequate, existing private well for
purposes other than its original intended use, such as irrigation,
the property owner must submit a letter to the New Milford Health
Department describing this new intended use. This private well must
continue to be equipped with a sanitary seal and must be disconnected
from the existing plumbing in the building or provided with proper
cross-connection protection.
(i)
The owner of any new well or repair [as identified in § 22-3(h)] must perform and submit to the New Milford Health Department a satisfactory water analysis report from a certified laboratory in the State of Connecticut. The analysis must be a test of the water from the subject private well and must be submitted before a permit to discharge or certificate of occupancy can be issued. If one or more of the parameters exceeds the established limits or standards, then corrective measures must be implemented, and an additional water analysis for the parameter(s) in question must be submitted to determine compliance. In accordance with Section 19-13-B101 of the Connecticut Public Health Code, the parameters tested shall be, at a minimum, those specified in Subdivision (d). The standards for the water from a private well shall conform to those specified in Subdivisions (1), (2), (3) and (4), where applicable, of Subsection (e) of Section 19-13-B102 and Section 19-13-B101 of the Connecticut Public Health Code.
[Ord. of 9-24-2007]
The following shall govern the review, approval and proposed
construction of all sewage disposal systems and structures effecting
sewage disposal systems in the Town of New Milford:
(a)
Public sewers shall be extended in the sewer service areas of the
New Milford Sewer Commission, whenever feasible, to facilitate correction
of chronic septic system failures. New development must conform to
the New Milford Sewer Commission regulations for undeveloped properties
within the sewer service areas.
(b)
Where land is being subdivided, where a new lot or parcel is being
created or construction of a sewage disposal system is being proposed
on an existing vacant lot or parcel, or where a potential repair area
or code-complying area is being proposed to support an application
for a building conversion or building addition, in accordance with
the Connecticut Public Health Code Section 19-13-B100a, the following
criteria shall apply:
(1)
A percolation rate of greater than 45 minutes per inch is not acceptable
for a sewage disposal system on land that is being subdivided or where
a new lot is being created.
(2)
A curtain drain or groundwater intercepting drain may be required
by the Director of Health to minimize groundwater concerns in situations
where there is 24 inches or less to high groundwater, mottling and/or
hardpan. The construction or proposed construction of a curtain drain
does not change the minimum separating distance requirement (18 inches)
from the bottom of a leaching system to high groundwater, mottling
and/or hardpan.
(3)
Ledge rock shall be at least four feet below the bottom of the leaching
fields. At least two feet of this separation distance must be in original
ground. In situations where there is less than four feet of soil below
the proposed bottom of the leaching fields, the Director of Health
cannot issue approval or a permit until suitable select fill material
is properly placed.
(4)
MLSS must be calculated for all lots (or a hydraulic analysis may
be performed with the results submitted for the septic proposals).
(5)
If there is an existing residence on the property, the existing septic
system and water supply shall be located on the plan, identified by
examination, and demonstrated to be a functional septic system or
water supply. A viable potential repair area or code-complying area
for the existing residence or other structure must be identified.
If it cannot be demonstrated that the existing septic system and/or
water supply serving the existing residence or other structure on
the property is functional and meets the standards of this Code and
the Connecticut Public Health Code, then the Director of Health may
require the replacement or repair of the sewage disposal system or
water supply.
(c)
For land that is being subdivided or when a new lot or parcel is
being created that is being served by both an individual private well
and a subsurface sewage disposal system, at least one acre (40,000
square feet) is required.
(d)
Where § 22-4(b) is applicable and one or more of the criteria cannot be satisfied, or where the lot or parcel size requirement of § 22-4(c) cannot be satisfied, and a permit or approval is denied by the Director of Health as required, the applicant may appeal to the Health Review Panel for an exception. A recommendation for approval of the application, in accordance with the exception, shall be determined by means of an affirmative vote from the majority of the Panel. The applicant shall demonstrate the following:
(1)
For new subdivision lots or newly created lots or parcels of less than one acre [as defined in § 22-4(c) above]:
a.
The present availability of sewers or present availability of a public
water supply or creation of a new public water supply that can and
will be used to serve the subject property.
b.
Compliance with § 22-4(b)(1) through (5).
c.
Compliance with all other state and local sanitary code requirements;
d.
Absence of any areas of special concern as defined in the Connecticut
Public Health Code.
(2)
When a property owner or his/her agent submits plans for construction
of a subsurface sewage disposal system, the Director of Health has
the authority to require a plot plan or map from a certified land
surveyor showing, at a minimum, property lines and the location of
all structures and other relevant features on the property.
[Ord. of 9-24-2007]
(a)
Soil testing on a property is only considered valid by the New Milford
Health Department when observed by the Director of Health or his/her
authorized agent or as an alternative when performed by a professional
engineer and results are consistent with knowledge of the area from
other soil tests recorded by the New Milford Health Department. In
regard to percolation testing, when results are inconsistent or erratic
and the property owner wants to use the faster test result, the property
owner must perform a minimum of three additional percolation tests
to confirm the faster result. The slowest or more conservative result
shall be used for designing the leaching system. Likewise, when the
results of the deep test holes show varying depths to groundwater,
mottling and/or hardpan, the property owner or his/her agent shall
use the more conservative result for designing the leaching system
or provide additional soil data to demonstrate the accuracy of another
result.
(b)
Prior to issuance of a permit to construct a septic system, the soil drainage characteristics and the level of highest groundwater shall be determined by conducting soil tests in accordance with § 22-2.[1] The testing is to be witnessed by the Director of Health or an authorized representative or as described in accordance with § 22-5(a). Each proposed building lot, parcel or approval for a sewage disposal system requires a minimum of one deep observation pit and one percolation test. The Director of Health has the authority to require additional deep observation pits and/or percolation tests if soil conditions warrant such additional testing.
(c)
High groundwater levels may be determined by examining the soil profile
in the deep test pits and observing where mottling appears. The depth
where soil mottling appears shall then be considered the level of
high groundwater. When, due to the time of year that the soil profile
in deep test pits is examined, the conditions are inadequate for the
Director of Health or authorized agent to accurately determine the
depth of soil mottling or maximum groundwater level, the test shall
be deemed inconclusive and shall be measured during the normal wet
time of the year (February 1 to May 31).
(d)
Soil tests and groundwater monitoring may be conducted during the
normal wet time of the year to determine the maximum groundwater level.
Soil conditions shall be presumed to be suitable unless the Director
of Health has posted a notice in writing in the New Milford Town Clerk's
office that ground conditions are not suitable for determining maximum
groundwater level and the wet season testing and monitoring period
is being extended or otherwise modified. Said notice shall be posted
at least three days prior to the date on which it is effective and
shall continue until rescinded by a further notice in writing that
ground conditions are again suitable for determining maximum groundwater
level.
[Ord. of 9-24-2007]
Approval shall be obtained from the Department of Public Health
and the New Milford Health Department for subsurface sewage disposal
systems on any lot or parcel with a design flow exceeding 2,000 gallons
per day but not more than 5,000 gallons per day. For subsurface sewage
disposal systems and other sewage disposal systems on any lot or parcel
with a design flow exceeding 5,000 gallons per day, approval shall
be obtained from the Connecticut Department of Environmental Protection.
All correspondence and other submissions to support an application
for approval by the Connecticut Department of Environmental Protection
for a sewage disposal system shall also be submitted to the New Milford
Health Department and the New Milford Water Pollution Control Authority.
[Ord. of 9-24-2007]
Before the permit to discharge is issued, the New Milford Health
Department shall be provided with the following information:
(a)
An accurate copy of the as built of the subsurface sewage disposal
system.
(b)
The private well permit and acceptable well completion report, if
applicable, for any new construction.
(c)
A satisfactory water analysis report as specified in § 22-3(j).
(d)
Any other records or information that may be required by the Director
of Health with regard to compliance with the Connecticut Public Health
Code related to the subsurface sewage disposal system and private
well.
[Ord. of 9-24-2007]
(a)
The responsibility for complying with the regulations herein stated
rests with the owner or lessee or his/her agent of the land involved.
(b)
Enforcement of these regulations rests with the Director of Health,
or an authorized representative, who shall issue permits, make inspections
as needed to ensure compliance and, if noncompliance is discovered,
take appropriate corrective action, including suspension of approvals
or permits that have been issued if the matters related to noncompliance
cannot be easily corrected.
(c)
Any person aggrieved by denial of a permit, denial of any application
or by suspension of a permit may appeal the decision of the Director
of Health to the New Milford Health Review Panel for an exception
and/or the Commissioner of the Connecticut Department of Public Health
as per Section 19a-229 of the General Statutes as determined by the
particular provision for which an exception is requested. A recommendation
for approval of the application or permit, or reinstatement of a permit
in accordance with the exception, where applicable, shall be determined
by means of an affirmative vote from the majority of the voting members
of the Health Review Panel considering the request. The applicant
shall demonstrate the following:
(1)
For lots created after the effective date of this article:
a.
The matter or condition resulting in denial of an approval or a permit
was not created by and remains beyond the control of the applicant
and occurred subsequent to approval of the subdivision in which the
affected lot is situated; and
b.
There is no other feasible and prudent means of meeting the requirement
specified in this Code; and
c.
The granting of an exception is unlikely to result in pollution so
as to cause a health hazard on the subject property or neighboring
properties; and
d.
The granting of an exception is not inconsistent with the requirements
of the Connecticut Public Health Code Technical Standards.
(2)
For existing lots created before the effective date of this article:
a.
There is no other feasible and prudent means of meeting the requirement
specified in this Code; and
b.
The granting of an exception is unlikely to result in pollution so
as to cause a health hazard on the subject property or neighboring
properties; and
c.
The granting of an exception is not inconsistent with the requirements
of the Connecticut Public Health Code Technical Standards.
(d)
The Panel shall notify the party who requested the exception of its
decision in writing within 10 days of the decision. Such notice shall
specify the date that such notice is mailed thereon. Any person aggrieved
by the action of the Health Review Panel may appeal such action to
the superior court within 30 days of the mailing date of the decision.
Any appeal of a decision of the Commissioner of the Connecticut Department
of Public Health pertaining to an exception within that Department's
jurisdiction, however, shall be taken in accordance with the provisions
of the General Statutes.
(e)
The fees for permits shall be determined by the New Milford Town
Council and shall be posted in the New Milford Health Department office.
(f)
All permits to construct a septic system shall be valid for a period
of one year from the date of issuance. The permit shall expire upon
failure to start construction within that period and obtain a permit
to discharge within 18 months. Permits may be renewed for an additional
one year period by the Director of Health if a reasonable cause of
failure to start construction within a one-year period is demonstrated.
The fee for permit renewals is the same as for the original permit
issuance. Permit fees are not refundable.
(g)
The Director of Health shall hereby have the authority to establish
any administrative procedures, including, without limitation, inspections
pursuant to carrying out the provisions and requirements of this Code
and the Connecticut Public Health Code.
[Ord. of 9-24-2007]
(a)
It is hereby declared to be the intent that if a court of competent
jurisdiction finds any provisions of this article to be invalid or
ineffective in whole or in part, the effect of such decision shall
be limited to those provisions which are expressly stated in the decision
to be invalid or ineffective and all other provisions of this article
to be separately and fully effective.
(b)
Effect on other requirements. It is not intended that the requirements
of any other law or ordinance, except where stated herein, be repealed
or otherwise made ineffective by this article. In case of conflict,
the strictest of the relevant provisions of this and other laws and
ordinances shall apply.
