[Ord. of 9-24-2007]
As used in this article, the following terms shall have the
meanings indicated:
Health Review Panel
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).
Minimum leaching system spread (MLSS)
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.
Soil testing
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.
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]
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.