[Ord. of 8-8-1983, § 1]
A Sewer Commission is hereby established to serve as the water
pollution control authority of the Town of New Milford. The Sewer
Commission shall have all powers and duties of a Sewer Commission
and/or a municipal water pollution control authority as provided in
Sections 7-245 and 7-273a, inclusive, of the Connecticut General Statutes,
as amended, and shall have such other powers and duties as are provided
by this division.
[Ord. of 8-8-1983, § 2; Ord. of 2-13-1990; Ord of 12-30-2006]
The Sewer Commission shall consist of six regular members and
three alternate members who shall be electors and taxpayers of the
Town. They shall be sworn to the faithful performance of their duties
and serve without compensation. All regular and alternate member appointments
shall be in accordance with the requirements of Charter Section 202
and Connecticut General Statutes Section 9-167a pertaining to minority
representation. Biennially, the Mayor shall appoint, with the approval
of the Town Council, three regular members and one (or two) alternate
member(s) to serve for terms of four years each and until their successors
shall be appointed. Except, however, the initial appointment of one
regular member, with terms beginning December 1, 2007, shall be for
two years until November 30, 2009, and one regular term of four years.
The initial appointment of one alternate member shall be for one year
commencing on December 8 2006, and ending November 30, 2007; the initial
appointment of two alternate members shall be for three years commencing
on December 8, 2006, and ending on November 30, 2009, or until their
respective successors shall have qualified.
[Ord. of 8-8-1983, § 3]
In the case of a vacancy in the membership of the Sewer Commission,
the First Selectman shall appoint a successor, with the approval of
the Board of Selectmen, who shall serve for the unexpired portion
of the term.
[Ord. of 8-8-1983, § 4]
The Board of Selectmen may remove a Sewer Commissioner for inefficiency,
neglect of duty or misconduct in office, but only after having been
given an opportunity to be heard in person or by counsel before the
Selectmen, at least 10 days prior to which he shall have been given
a copy of the charges against him. In the event of the removal of
any Commissioner, a record of the proceedings, together with the charges
and findings thereon, shall be filed in the office of the Town Clerk.
Absence from three consecutive regular meetings without notice to
the Sewer Commission and without good and sufficient cause may be
deemed to constitute neglect of duty.
[Ord. of 8-8-1983, § 5]
The Sewer Commission shall choose one of its members to be Chairman
and shall appoint a Clerk, who need not be a member of the Commission,
and such agents and employees as it may require and determine their
qualifications, duties and compensation. At all meetings of the Commission,
four members shall constitute a quorum, and the concurrence of three
votes shall be necessary for the transaction of business. In conformance
with the Connecticut Freedom of Information Act, the Commission may
hold such regular and special meetings as it deems advisable, at any
time, upon giving at least 24 hours' notice to each member before
the time of such meeting. The Clerk shall issue a call for a special
meeting, either at the direction of the Chairman or upon the written
request of any two members. A complete record of the proceedings of
the Commission shall be kept by the Clerk. Forthwith after each regular
or special meeting of the Commission, the Clerk shall cause a copy
of the minutes thereof to be filed with the Town Clerk.
[Ord. of 8-8-1983, § 6]
In accordance with the requirements of Sections 7-245 through
7-273a, inclusive, of the Connecticut General Statutes, the Sewer
Commission shall have authority, in the name and on behalf of the
Town, to acquire, construct and operate a sewerage system or systems;
to enter upon, take and hold by purchase, condemnation or otherwise
the whole or any part of any real property or interest therein which
it determines is necessary or desirable for use in connection with
any sewerage system; to levy benefit assessments upon the lands and
buildings in the Town which shall be especially benefited by any sewerage
system or portion thereof and upon the owners of such land and buildings;
to establish and revise rules and regulations for the supervision,
management, control, operation and use of any sewerage system, including
rules and regulations prohibiting or regulating the discharge into
the sewerage system of any sewage or any stormwater runoff which,
in the opinion of the Sewer Commission, will adversely affect the
operation of the sewerage system; to establish and revise fair and
reasonable charges for connection to and for the use of the sewerage
system; and to enter into and fulfill contracts with any person or
any other municipality for any lawful services.
[Ord. of 8-8-1983, § 7]
In accordance with the requirements of Section 7-256 of the
General Statutes, the Sewer Commission may order the owner of any
building to which a sewerage system is available to connect such building
to the system.
[Ord. of 8-8-1983, § 8]
No rule or regulation pertaining to the use of or discharge
to the sewerage system shall be adopted or revised until the Sewer
Commission holds at least one public hearing with respect thereto,
at which parties in interest and citizens shall have an opportunity
to be heard. Notice of the time and place of such hearing shall be
published in the form of a legal advertisement at least 10 days before
the date thereof in a newspaper having a circulation in the Town,
and a copy of the proposed rule or regulation shall be filed in the
office of the Town Clerk for public inspection at least 10 days before
such public hearing. Prior to the effective date of any such rule
or regulation, the Sewer Commission shall publish notice of its action
in a newspaper having circulation in the Town and shall file a copy
of the rule or regulation, as adopted, in the office of the Town Clerk.
[Ord. of 8-8-1983, § 9]
A special account is hereby established which shall be designated
as the "Sewerage System Administration Account." There shall be paid
into such account all charges made by the Sewer Commission for connections
with or use of the Town sewerage system and all other funds available
to pay the costs of maintaining and operating the same, from whatever
source derived, including proceeds of insurance. The moneys in the
account shall be used solely for the following purposes:
(a)
To pay costs directly chargeable to the maintenance and operation
of the sewerage system.
(b)
To establish such repair, maintenance and replacement reserve as
shall be deemed advisable by the Sewer Commission.
(c)
To pay installments of principal and interest on any bonds or notes
issued by the Town to meet the development costs of the sewerage system.
[Ord. of 8-8-1983, § 10]
The Sewer Commission shall prepare and submit to the Board of
Finance, not later than two months prior to the Annual Town Meeting,
an itemized estimate of receipts from benefit assessments and for
charges for connections with the use of the Town sewerage system and
of expenditures arising out of or in connection with the construction,
operation and maintenance of the sewerage system for the ensuing fiscal
year.
[Ord. of 8-8-1983, § 11]
The Commission shall adjust and settle all claims against the
Town arising out of or in connection with the construction, operation
and maintenance of the sewerage system and shall cause proper orders
to be drawn on the Town Treasurer for their payment from such funds
as shall be maintained by the Town therefor. It shall make a sworn
report to the Town Treasurer of the amount, number and date of each
order caused to be drawn by it at the end of each month; and it shall
keep a true account of all such expenditures in the form of a permanent
record, which shall be verified under oath at the end of the fiscal
year and made available for auditing purposes and public inspection.
[Ord. of 8-8-1983, § 12; Ord. of 9-8-2014]
The Mayor, pursuant to Section 602 of the Charter, may appoint
one or more employees to carry out and enforce such rules and regulations
as the Sewer Commission may adopt pertaining to the use of or discharge
to the sewage system and for such other purposes as deemed appropriate
by the Mayor. Such employees bearing proper credentials and identification
shall be permitted reasonable access to all properties for the purpose
of inspection, observation, measurement, sampling and testing.
[Ord. of 8-8-1983, § 13]
The Sewer Commission may levy a special charge or assessment
upon a prospective sewer user or prospective owner of a community
sewage disposal system (as defined in Section 7-245 of the General
Statutes) where, in the opinion of the Sewer Commission, the proposal
warrants or requires review with the assistance of a consultant. Such
special charge or assessment shall be in an amount sufficient to reimburse
the Sewer Commission for the cost of such consultant.
[Ord. of 8-8-1983, § 14]
The Tax Collector of the Town is hereby authorized, empowered
and directed to collect all sewerage system use charges and all special
benefit assessments made by the Sewer Commission to meet, in whole
or in part, the cost of the Town sewerage system, its operation and
maintenance and all other costs incidental thereto, or the Sewer Commission
may appoint such other collector as it deems appropriate for such
purposes.
[Ord. of 8-8-1983, § 15]
No building permit shall be issued by the Building Inspector
which authorizes the construction, enlargement or alteration of a
building or which authorizes a change in the use or occupancy of a
building if such change requires greater sanitary provisions, unless
the Building Inspector is presented with a written permit issued by
the Sewer Commission certifying that the proposed work complies with
the requirements of this Division and with any regulations adopted
by the Sewer Commission or is satisfied that the property for which
such building permit is requested is not and will not be served by
a municipal or community sewerage system.
[Ord. of 8-8-1983, § 16]
(a)
Any person who violates any provision of the rules and regulations
pertaining to the use of or discharge to the Town sewerage system
may be served with a written notice stating the nature of the violation
and an order stating the date by which such violation shall be abated.
Such person shall, within the period of time stated in such notice,
permanently cease all violations.
(b)
Any person who shall continue any violation beyond the time limit provided for in Subsection (a) shall be subject to a fine of $25 for each day in which any such violation shall continue and shall also be subject to any and all civil remedies, including temporary and permanent injunction, which may be available to the Town.
(c)
Should any violation continue beyond the time limit provided for in Subsection (a), the Sewer Commission shall be authorized to revoke and annul the sewer connection permit pertaining to the property or building where the violation exists and may enjoin any party in interest from the use of or discharge to the Town sewerage system.
