[HISTORY: Adopted by the Town Meeting of
the Town of Old Saybrook as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-14-1999 by Ord. No. 75]
The purpose of this article for management of
on-site sewage disposal systems is to promote the health and welfare
for the residents of the Town of Old Saybrook by requiring pump-out,
inspection and maintenance of said on-site sewage disposal systems
at least once every five years. To this end the Town of Old Saybrook
Water Pollution Control Authority has developed this article with
the intent to eliminate the need for sewers in the Town, wherever
possible by:
A.
Enforcing the State and Town Health Codes.
B.
Alerting property owners of existing or potential
problems with their systems, while any damage to such systems and
cost of repairs or upgrade are minimized.
C.
Developing town-wide on-site inspection data which
may be used by the Water Pollution Control Authority in a wastewater
management plan for the entire Town.
D.
Educating property owners about proper care and maintenance
procedures to follow for on-site sewage disposal systems.
E.
Requiring repairs to any existing problems discovered.
F.
Aggressively enforcing provisions of Section 19-13-B100a
and any subsequent revisions of the Public Health Code.
G.
Promoting the use of alternate technology systems
approved by the State of Connecticut Department of Public Health (DPH)
where available and appropriate under the Health Code. Note: This
article shall apply to all on-site sewage disposal systems within
the Town of Old Saybrook except those systems operating under a permit
issued by the State of Connecticut Department of Environmental Protection.
Sections 19-13-B103a through 19-13-B103f and
Section 19-13-B100a of the Regulations of Connecticut State Agencies,
and all amendments including technical standards thereto hereinafter
adopted, are hereby incorporated by reference in this article and
made part hereof. Said sections are hereinafter referred to as the
Public Health Code. However, no on-site sewage disposal system in
existence prior to January 4, 1981, shall be required to conform to
the design and construction provisions of the Public Health Code unless
said system malfunctions, is modified, or is expanded upon. In the
event of malfunction, all portions of the system which require repair
shall be repaired in accordance with all requirements of the Public
Health Code subject to variances which may be granted pursuant to
the provisions of Section 19-13-B103d of said Code.
An on-site sewage disposal system shall be deemed
to be a malfunctioning system if sewage is allowed to discharge or
flow from it into any storm drain, stream, water body, gutter, street,
roadway or public place, or if sewage discharges from said system
to the surface or subsurface of any property so as to create a nuisance
or condition detrimental to health as determined by the Director of
Health. Substantial backflow from the leaching area into the tank
during a tank pump-out shall also be considered an indication of a
malfunctioning system.
The Director of Health shall have the right
of entry to any land in the Town of Old Saybrook for the purpose of
conducting inspections of on-site sewage disposal systems and performing
such tasks as the Director of Health determines are advisable for
the purpose of disclosing whether or not said system is malfunctioning.
If access to the interior of a structure is required, the Director
of Health shall send a written notice to the property owner of said
intention to evaluate the on-site sewage disposal system. Except in
emergency situations, said notice shall be sent by certified mail
at least five days prior to the scheduled date of inspection. If access
to the property or structure is denied, the Director of Health shall
notify the owner in writing that the permit to discharge for that
property will be revoked. The Director of Health shall determine the
severity of the complaint and can revoke the permit to discharge immediately
if he or she deems this appropriate.
[Amended 3-13-2002]
No residential building, residential institution, or nonresidential building shall be constructed in the town, and no existing on-site sewage disposal system for any such existing building shall be reconstructed, repaired, expanded upon or otherwise modified unless and until the owner of such building has applied for and received approval of a permit to construct the sewage system for such building from the Director of Health. All facilities meeting the requirement of this article for a permit to construct shall be filed with the Director of Health and shall be accompanied by a sufficient plan, as may be required by the Director of Health, of the proposed sewage system and such fees as may be set in accordance with § 173-14 of this article. Exception: For properties on which the estimated daily waste water flow is in excess of 5,000 gallons per day, approval for the proposed sewage disposal system shall be secured from the State of Connecticut Department of Environmental Protection.
All on-site sewage disposal systems, with a
design capacity under 5,000 gallons per day, constructed after the
effective date of this article shall be designed and constructed in
accordance with all requirements of the Public Health Code, subject
to exceptions which may be granted in accordance with the provisions
of Section 19-13-B103d of said code. No installation shall begin until
a permit to construct has been approved by the Director of Health.
A.
It shall be unlawful for any owner or occupant of
any building served by an on-site sewage disposal system to discharge
sewage into a sewage disposal system unless a discharge permit authorizing
said discharge has been obtained from the Director of Health.
B.
Initially, a discharge permit shall be issued following
an on-site inspection of the on-site sewage disposal system by the
Director of Health, which an inspection does not disclose any malfunction
of the system. Said permit shall be valid for a period of five years
from the date of issue unless sooner revoked due to a malfunction
disclosed by an inspection by the Director of Health. When the malfunctioning
system has been repaired and inspected by the Director of Health,
a valid discharge permit shall be reissued.
C.
The discharge permit for any system observed to be malfunctioning as defined in § 173-3 shall be subject to revocation by the Director of Health. Notice of revocation of the discharge permit shall be forwarded to the Building Official. Notice shall also be issued by the Director of Health to the owner of the property via certified mail.
A.
No discharge permit shall be renewed unless the following
conditions have been satisfied:
(1)
The owners or occupants of the building shall have
the system inspected and pumped out by a septic tank cleaner properly
licensed by the State of Connecticut to perform such service. The
owner, occupant, or contracted septic cleaner shall be responsible
to obtain a pump-out permit and liquid waste disposal ticket from
the Director of Health prior to the inspection and pumping of the
tank. The term "septic tank cleaner" as used in this article, shall
mean any septic tank cleaner or installer licensed by the State of
Connecticut.
(2)
The owner, occupant or contracted septic tank cleaner
is required to inform the Director of Health at least 24 hours prior
to the pump-out except in case of emergency.
(3)
The inspection and cleaning must be performed not
later than 30 days after the expiration date of the existing discharge
permit.
(4)
The Director of Health shall have the right to observe
the inspection and cleaning at his or her discretion, and to perform
such tests as the Director of Health deems appropriate to determine
whether or not said system is malfunctioning.
(5)
The inspection and cleaning of the on-site sewage
disposal system must disclose no malfunction. Any malfunction noted
must be repaired within 60 days or the Director of Health may issue
a temporary permit for discharge for a period not to exceed six months.
B.
The Director of Health shall have the authority to
waive the inspection and cleaning of the septic tank if he or she
determines that inspection and cleaning are not necessary because
of limited use or because of a recent cleaning or inspection of the
system.
C.
The owners or occupants of any building shall be entitled
to have the discharge permit renewed at any time prior to the expiration
of the existing discharge permit, provided that the septic tank is
cleaned and a field inspection of the septic system is performed by
the Director of Health at the time of said cleaning, and the field
test performed disclosed no malfunction.
A.
All septic tanks, cesspools, pools and similar receptacles
serving sewage disposal systems located within the Town of Old Saybrook
shall be pumped out and inspected not less than once in every five-year
period. The Director of Health shall have the right to observe said
pump-out and inspection. A liquid waste disposal ticket shall be filled
out by the septic tank cleaner to indicate the origin of the load,
the date of pumping, the place of disposal and such data regarding
the system cleaned as the Director of Health or the Water Pollution
Control Authority may require. The Director of Health shall maintain
a record of each pump-out and inspection, and a copy of each liquid
waste disposal ticket.
[Amended 3-13-2002]
B.
The Director of Health is empowered hereby to require
more frequent inspections and/or pump-outs for those systems which
he or she has reason to believe are failing or are in danger of failure
or which he or she believes warrants more frequent maintenance. Properties
which may require more frequent maintenance include, but are not limited
to, food-service establishments, marinas, institutional establishments,
day-care facilities, etc. Considerations for this determination include
any or all of the following: water usage, grease generation by the
facility, high groundwater conditions, complaints regarding poor system
performance, or other appropriate items. The determination of more
frequent pump-outs can also apply to single-family residences, if
the Director of Health has concerns with the system servicing such
a property.
C.
Any subsidy paid by the Town of Old Saybrook for the
disposal of septage or grease from any on-site system pumped out within
the Town shall be limited to the subsidy required for the disposal
of the contents of the septic tank or grease trap servicing that property
once per calendar year. Any fees required for the disposal of septage
or grease shall be borne totally by the owner of the property for
any additional pump-outs required during a one-year period following
the initial pump-out.
D.
Nothing in this article shall be construed to absolve
any property owner or operator from complying with the conditions
of any permit to discharge issued by either the State of Connecticut
Department of Public Health or the Department of Environmental Protection
for on-site sewage disposal.
A.
The Old Saybrook Water Pollution Control Authority
in conjunction with the Old Saybrook Environmental Health Department
shall develop a map of the Town so as to facilitate an orderly procedure
for collecting data regarding the inspection and cleaning of septic
systems on a regular basis and to allow for the issuance of discharge
permits and pump-out permits.
B.
Each area of the Town will be scheduled to have maintenance
performed as determined by the Water Pollution Control Authority and
the Director of Health. The intent is to phase in over several years
a town-wide program for managing all maintenance of on-site sewage
disposal systems and of system pump-outs.
C.
The owner or occupants will be mailed a notice of
the scheduled maintenance period established for his or her area of
town. The owner, occupant, or contracted septic tank cleaner shall
obtain a pump-out permit and liquid waste disposal ticket which is
to be filled out by the septic tank cleaner and returned to the Old
Saybrook Environmental Health Department for use by the Water Pollution
Control Authority after the disposal of sewage.
D.
The owner or occupants may choose any septic tank
cleaner to pump-out and inspect the system, provided that the selected
septic tank cleaner holds a current valid license issued by the State
of Connecticut DPH.
E.
Any septic tank cleaner planning to pump out any system
in the Town of Old Saybrook is requested to call or fax the Water
Pollution Control Authority office prior to the pump-out and advise
the office of which properties are to be pumped out or inspected.
A.
Enforcement of this article and of the Public Health
Code shall be the responsibility of the Director of Health of the
Town of Old Saybrook and his/her duly authorized agents. Said agents
shall include, but shall not be limited to, the Sanitarian of the
Town of Old Saybrook and such qualified Field Inspectors as are employed
by the Town of Old Saybrook for purposes of enforcing the provisions
of this article. The term "Director of Health," whenever used in this
article, shall mean the Director of Health or his/her duly authorized
agents.
B.
If an on-site system is determined by the Director of Health to be malfunctioning, or if scheduled maintenance of the system provided for in § 173-9 of this article is not performed, the following actions shall be taken by the Director of Health:
(1)
The discharge permit shall be revoked and the owner
of the premises served by said on-site system shall be given notice
of said revocation and of the violation occurring and shall be ordered
to immediately abate the condition(s) cited in the notice.
(2)
The Director of Health shall cause the notice of violation
and a copy of the abatement order to be recorded on the Old Saybrook
Health Department records. Notification shall be forwarded to the
Building Official of the Town. When the abatement order has been fully
complied with a new discharge permit shall be issued.
(3)
The Director of Health shall have the right to seek
judicial relief to enforce his or her orders for the abatement of
any violations of the provisions of the Public Health Code or of this
article.
Any property owner who has been issued a notice
of violation and abatement order by the Director of Health shall have
the right to appeal said notice of violation and abatement order to
the Commissioner of Health Services of the State of Connecticut pursuant
to the provisions of C.G.S. § 19a-229.
Fines and penalties shall be imposed in accordance
with C.G.S. § 19a-230.
The Water Pollution Control Authority is hereby
authorized to establish fees which shall be in writing and shall be
effective upon majority vote of the Water Pollution Control Authority
following a public hearing, of which legal notice has been published
in a newspaper having a general circulation in the Town of Old Saybrook
not less than five days prior to such hearing, and upon subsequent
publication of notice of such adoption in a newspaper having general
circulation in the Town of Old Saybrook.
The Director of Health is hereby authorized
to issue a temporary discharge permit allowing the discharge of sewage
into a subsurface sewage disposal system which is in violation of
the provisions of this article. Said temporary discharge permit shall
not be issued unless the Director of Health makes a finding that the
use of said malfunctioning system will not be detrimental to the health
and welfare of the residents of the Town of Old Saybrook. Said temporary
discharge permit shall be issued upon such conditions and stipulations
as the Director of Health determine are necessary to insure that the
operation of said sewage system will not be detrimental to the public
health or welfare. Said permit shall be immediately revoked upon noncompliance
with said conditions and stipulations. Said permit shall remain in
effect only for such period of time as the Director of Health deems
necessary to effect the required repairs to said sewage system to
bring it into compliance with the provisions of this article. In no
event shall a temporary discharge permit be issued for a period in
excess of six months. Renewal of said permit shall be discretionary
with the Director of Health.
The WPCA shall continue and further accomplish
its public information program which shall include, but not be limited
to, a simple explanation of the use, operation and maintenance of
an on-site sewage disposal system, the advantages of water-saving
devices, and requirements of the Public Health Code and Town ordinances.
The Water Pollution Control Authority is authorized
to adopt rules and regulations and any amendments thereto, to put
this article into effect. Such rules and regulations and any amendments
thereto shall be in writing and shall be effective upon majority vote
of the Water Pollution Control Authority following a public hearing
held by the Water Pollution Control Authority, of which legal notice
thereof has been published in a newspaper having general circulation
in the Town of Old Saybrook not less than five days prior to such
hearing, and upon subsequent publication of notice of such adoption
in a newspaper having general circulation in the Town of Old Saybrook.
[Adopted 8-11-2009]
The Town of Old Saybrook, in accordance with C.G.S. § 7-247(b),
does hereby establish a decentralized wastewater management district.
The purpose of this article is to protect the public health
and the environment of the Town of Old Saybrook by establishing a
decentralized wastewater management district within which improvements
to the treatment of wastewater will occur by implementing the requirements
as set forth herein. It is not the purpose of this article to allow
new construction on any lot or to install an AT system as a means
by which additional bedrooms or increased occupancy may occur, beyond
that which would otherwise be permitted by the Public Health Code
as applied to such lot. Furthermore, compliance within this article
does not relieve any property owner or person of the obligation to
comply with all other rules, regulations and policies of the Town,
the Public Health Code (including technical standards adopted thereunder)
or the Department of Public Health.
As used in this article, the following terms shall have the
meanings indicated:
A permanent nonhabitable structure which is not served by
a water supply and is used incidental to residential or nonresidential
buildings. "Accessory structures" include, but are not limited to,
attached and detached garages, covered entranceways, screened and
enclosed three-season (nonwinterized) porches/sunrooms, open decks,
tool and lawn equipment storage sheds, gazebos, and barns, etc. "Accessory
structures" also include in-ground and aboveground pools.
A sewage treatment system serving one or more buildings that
utilizes a method of treatment other than a subsurface sewage disposal
system and that involves a discharge to the groundwaters of the state.
A type of alternative sewage treatment system that provides
reduction of effluent nitrogen concentration, as provided in the Upgrade
Program Standards and the DEP delegation.
Any non-water proximity lot that requires the installation of an AT system, as provided in § 173-25C(3) herein; and
Any water proximity lot.
A permit evidencing the approval of, and issued by, the WPCA
upon the WPCA's determination that an AT lot complies with the
requirements of this article and the Upgrade Program Standards.
A person who is qualified to install the AT systems selected
for use in the WWMD. "AT system installers" are required to meet training
and experience requirements set forth by the WPCA and the DEP delegation.
A person who is qualified to provide operations and maintenance
services for the specific AT systems selected for use in the WWMD.
An "AT system operator" is required to meet training and experience
requirements set forth by the WPCA and the DEP delegation.
Any structural modification or alteration that results in
an increase in habitable floor area of the building served that does
not increase the design flow or required effective leaching area of
the subsurface sewage disposal system, including, but not limited
to, the modification of attic, basement or garage space into habitable
space or the addition of dormers.
The act of winterizing a seasonal use building or portion
thereof into year-round use by providing one or more of the following:
Any structural, mechanical or physical change to a building
which allows the occupancy to increase; or any change in the activities
within a building to expand or alter such building or the use thereof
such that, when the building is fully utilized, the design flow or
required effective leaching area of the subsurface sewage disposal
system will increase. A "change in use" also includes any internal
change to a building which, while not increasing the square footage
of habitable space, changes the configuration in such a way that there
is an increase in design flow of the subsurface sewage disposal system.
Any sewerage system serving two or more residences in separate
structures, which system is not connected to a municipal sewerage
system or which is connected to a municipal sewerage system as a distinct
and separately managed district or segment of such system.
Any of the following activities: building addition; building
conversion; accessory structure; teardown/rebuild; or new construction
on a vacant lot or lot.
Managed subsurface sewage disposal systems, managed alternative
sewage treatment systems or community sewerage systems that discharge
sewage flows of less than 5,000 gallons per day, are used to collect
and treat domestic sewage, and involve a discharge to the groundwaters
of the state.
State of Connecticut, Department of Environmental Protection,
acting by its Commissioner or duly authorized representative.
The delegation of authority from DEP to the WPCA to issue
AT permits.
The Director of Health for the Town of Old Saybrook, or authorized
agent (except such authorization shall not extend to issuing orders
under the Public Health Code).
State of Connecticut, Department of Public Health, acting
by its Commissioner or duly authorized representative.
Any subsurface sewage disposal system or AT system that allows
wastewater to discharge or flow from it into the interior of any building
served or into any storm drain, stream, water body, gutter, street,
roadway or public place, or if wastewater discharges from said system
to the surface or subsurface of any property or otherwise so as to
create a nuisance or condition detrimental to health as determined
by the Director of Health or as designated by the Public Health Code.
An inspection conducted by, as applicable, the Director of
Health or the WPCA, after the Upgrade Program Standards have been
implemented, but prior to the issuance of a WWMD permit.
An assessment by the Director of Health or the WPCA, as applicable,
of a lot, a subsurface sewage disposal system or an AT system that
may include, but is not limited to, a review of system components
including materials, size and location, and an assessment in order
to determine adequate separation distance to maximum groundwater and
ledge rock and sizing of the leaching system. An investigation may
be conducted for, among other purposes, the following: for initial
investigation and final inspection purposes; for the purpose of obtaining
information to determine appropriate design parameters; and for the
purpose of determining compliance with this article and the Upgrade
Program Standards.
Any lot that is not a water proximity lot.
A parcel of land within the WWMD that is occupied or capable
of being occupied by one or more principal buildings and customarily
incidental accessory buildings or uses, and which meets the minimum
area, width, and other applicable requirements of the Town of Old
Saybrook zoning regulations for the zone in which such parcel of land
is located, or is a legal nonconforming parcel, as defined in such
zoning regulations[1] and which conforms to the ordinances of the Town of Old
Saybrook.
Any subsurface sewage disposal system or AT system as applicable,
that exhibits a condition or conditions which, if not timely corrected,
will, in the judgment of the Director of Health or the WPCA, as applicable,
result in a failed system. Backflow from leaching system into septic
tank, wastewater overflowing the outlet baffle, back-up into the building
sewer or riser, or evidence that the system is not performing as designed,
is an indication of a "malfunctioning system."
Any individual, group of individuals, corporation, limited
liability company, association, partnership or public or private entity,
including a district, county, city, town, or other government unit.
Any person who alone, jointly or in common with others has
legal title to any real property located in the WWMD.
The State of Connecticut Public Health Code, including "Technical
Standards for subsurface sewage disposal systems" established by DPH
pursuant to Section 19-13-B103d(b) of the Regulations of Connecticut
State Agencies, as established pursuant to C.G.S. § 19a-36,
as may be amended.
Any septic tank cleaner licensed by the State of Connecticut
in accordance with C.G.S. § 20-341a et seq. and registered
with the Director of Health in accordance with this article.
Any septic tank installer licensed by the State of Connecticut
in accordance with C.G.S. § 20-341a et seq. and registered
with the Director of Health in accordance with this article.
A written contract between a property owner and an AT system
operator which provides for operation and maintenance services for
an AT system on a property owner's lot. "Service contracts" shall
meet the guidelines set forth by the WPCA and the DEP delegation,
which will include periodic visits to and inspections of the AT system,
regular operation and maintenance as recommended by the AT system
manufacturer, remote monitoring of the AT system and responses to
alarm conditions to remedy alarm conditions, periodic sampling and
analysis per the DEP delegation, and written reports in support of
the AT system permit renewal process. "Service contracts" shall be
for a period of five years or the life of the AT permit, whichever
is less. "Service contracts" shall be signed by both the property
owner and the AT system operator, and a copy shall be provided to
the WPCA.
Any device, equipment, appurtenance, facility and method
for collecting, transporting, receiving, treating, disposing of or
discharging wastewater, including, but not limited to, decentralized
systems within the WWMD.
Subsurface sewage disposal system.
Any non-water proximity lot with an existing subsurface sewage disposal system that satisfies the Public Heath Code and the Upgrade Program Standards without the need to install an AT system, as provided in § 173-25C(1) herein;
Any non-water proximity lot that is also a vacant lot for which the proposed subsurface sewage disposal system satisfies the Public Health Code and the Upgrade Program Standards, as provided in § 173-25D herein; and
Any SSDS upgrade lot.
A permit evidencing the approval of, and issued by, the Director
of Health upon the Director of Health's determination that an
SSDS lot complies with the requirements of this article and the Upgrade
Program Standards. An SSDS permit shall set forth standards for operation
and maintenance of a subsurface sewage disposal system and any permit
conditions and provisions as are set forth in the Public Health Code.
An SSDS permit shall be deemed equivalent to a permit to discharge
pursuant to Section 19-13-B103e(h) of the Public Health Code.
Any non-water proximity lot with an existing sewerage system that requires upgrading in order to satisfy the Upgrade Program Standards requirements but does not require an AT system, as provided in § 173-25C(2) herein.
A system consisting of a house sewer, a septic tank followed
by a leaching system, any necessary pumps and siphons, and any groundwater
control system on which the operation of the leaching system is dependent.
Any tearing down and rebuilding of all or a portion of a
structure, or the repair, replacement or rebuilding of a damaged structure.
The program and standards set forth in that certain document
entitled "Town of Old Saybrook wastewater Upgrade Program Standards,"
as such Upgrade Program Standards may be revised from time to time
in accordance with the procedure set forth therein. A copy of the
Upgrade Program Standards as in effect on the effective date of this
article is attached hereto as Exhibit A.[2] A copy of the Upgrade Program Standards, as revised from
time to time, shall be on file at the offices of the WPCA and the
Director of Health. The Upgrade Program Standards set forth remediation
standards, including pollutant limits, performance requirements, design
parameters and technical standards for application to sewage discharges
in the WWMD for the improvement of wastewater treatment to protect
public health and the environment.
A lot without wastewater generating structures.
Domestic and commercial sewage consisting of water and human
excretions or other waterborne wastes incidental to the occupancy
of a residential building or a nonresidential building, as may be
detrimental to the public health or environment, but not including
manufacturing process water, cooling water, wastewater from water
softening equipment, blow down from heating or cooling equipment,
and water from cellar or floor drains, or surface water from roofs,
paved surfaces or yard drains.
A lot that is designated as a water proximity lot on the map identified in § 173-22A herein. Every "water proximity lot" shall be deemed to be an AT lot.
The decentralized wastewater management district in the Town
of Old Saybrook established in accordance with C.G.S. § 7-247(b)
and this article.
"WWMD permit" shall mean, as applicable, an SSDS permit and/or
an AT permit.
The Town of Old Saybrook Water Pollution Control Authority
acting by its duly authorized agents.[3]
In accordance with C.G.S. §§ 7-245 and 7-247,
the following approvals and consultations have occurred:
A.
On July 8, 2009, the Commissioner of DEP approved the engineering
report entitled "Wastewater Facilities Plan Old Saybrook Wastewater
Management Study," and dated June 19, 2009, which report has determined
that the existing sewerage systems within the WWMD may be detrimental
to public health or the environment and that decentralized systems
are required.
B.
On July 9, 2009, the Commissioner of DPH concurred with such DEP
approval after consultation with the Director of Health in accordance
with C.G.S. § 7-247(b).
C.
On July 7, 2009, the Director of Health has approved this article
pursuant to the Director of Health's authority under C.G.S. §§ 19a-207,
and 7-247(a).
D.
The Town of Old Saybrook, in consultation with the Director of Health,
has acted in conjunction with the WPCA to establish the WWMD.
E.
On June 17, 2009, WPCA applied to DEP for delegation to issue AT
permits.
F.
As required by the General Statutes, the Director of Health will
authorize certain individuals working on behalf of the WPCA to act
as agents of the Director of Health for determinations made under
Section 19-13-B104a et seq. of the Regulations of Connecticut State
Agencies for Alternative Sewage Treatment Systems.
A.
The Town of Old Saybrook WWMD is hereby established, and the boundaries
of the WWMD are shown on the map entitled "Old Saybrook Wastewater
Management Program Overview Map" and 15 "Wastewater Management District
Maps," one for each area identified on the overview map, prepared
by Fuss & O'Neill and all dated May 28, 2009, which maps
are on file in the Town Clerk's office and are hereby made a
part of this article.
B.
The Town Clerk shall record a copy of this article in the Old Saybrook
Land Records and shall index this article in the grantor index in
the name of each property owner as listed in the records of the Assessor's
office on the effective date of this article.
It shall be unlawful to discharge wastewater in the WWMD unless
a WWMD permit authorizing said discharge has been obtained pursuant
to this article, except as follows:
A.
A lot for which a permit has been issued by the DEP pursuant to C.G.S. § 22a-430 shall not be required to obtain a WWMD permit so long as such DEP permit is in full force and effect. For purposes of this § 173-23, except as provided in the DEP Delegation, a WWMD permit shall not be deemed to be a permit issued by the DEP pursuant to C.G.S. § 22a-430.
B.
Due to the phased implementation, no lot shall be required to have
a WWMD permit until an order is issued for such lot, or the property
owner is otherwise contacted by the Director of Health in accordance
with the provisions of this article.
A.
Implementation of the Upgrade Program Standards for water proximity
lots shall take place in phases over time. Therefore, the Upgrade
Program Standards shall not be deemed to apply to any particular water
proximity lot until the earliest to occur of the following:
(1)
Change in use or construction.
(a)
At the time of a proposed i) lot line revision or other activities that affect soil characteristics or hydraulic conditions, or ii) change in use or construction on a water proximity lot that has an existing sewerage system, the Director of Health shall issue an order to abandon the existing sewerage system pursuant to § 173-27A(1) herein, and the WPCA shall issue an order to install an AT system pursuant to § 173-27A(2) herein.
(2)
Malfunctioning or failed system. At such time as the Director of Health issues to the property owner of a water proximity lot an order to abate a nuisance or health hazard pursuant to Section 19-13-B103c(f) of the Public Health Code, or identifies a malfunctioning system, the Director of Health shall issue an order to abandon the existing sewerage system pursuant to § 173-27A(1) herein, and the WPCA shall issue an order to install an AT system pursuant to § 173-27A(2) herein; and
(4)
In no event shall the design flow of the change in use or construction
exceed that which would otherwise be allowed for an SSDS lot.
B.
At the applicable time in accordance with the phased implementation, the Director of Health shall issue a notice of entry into the program under the phased implementation to each property owner and thereafter conduct an initial investigation as provided herein. Within 30 days of receipt of such notice, the property owner or its designee/agent shall file with the Director of Health an application (on a form to be provided by the Director of Health) pursuant to Section 19-13-B103e(c) of the Public Health Code. The Director of Health may issue such notice to a property owner simultaneously with the issuance of its order pursuant to § 173-27A(1) herein and the WPCA's order pursuant to § 173-27A(2) herein.
D.
Prior to the start of proposed construction on a water proximity
lot that is also a vacant lot, the Director of Health shall conduct
an initial investigation of said lot. The initial investigation shall
be for the purpose of determining whether a subsurface sewage disposal
system that complies with the requirements of the Public Health Code
and the Upgrade Program Standards could be installed on said lot.
As part of the initial investigation, the property owner may provide,
or the Director of Health may request, additional information to determine
compliance with this Section.
(1)
In the event the Director of Health determines that a subsurface sewage disposal system compliant with the Public Health Code and Upgrade Program Standards is feasible on said lot, then the WPCA shall issue an order to install an AT system pursuant to § 173-27A(2) herein.
(2)
In the event the Director of Health determines that a subsurface
sewage disposal system compliant with the Public Health Code and Upgrade
Program Standards is not feasible on said lot, then said lot shall
not be eligible for a WWMD permit. Neither a subsurface sewage disposal
system nor an AT system shall be installed on said lot.
(3)
In no event shall the design flow of the construction exceed that
which would otherwise be allowed for an SSDS lot.
A.
Implementation of the Upgrade Program Standards for non-water proximity
lots shall take place in phases over time. Therefore, the Upgrade
Program Standards shall not be deemed to apply to any particular non-water
proximity lot until the earliest to occur of the following:
(1)
Change in use or construction. Prior to the start of a proposed a)
lot line revision or other activities that affect soil characteristics
or hydraulic conditions; or b) Change in use or construction on a
non-water proximity lot, the Director of Health shall conduct the
initial investigation of such non-water proximity lot;
(2)
Malfunctioning or failed system. At such time as the Director of
Health issues to the property owner of a non-water proximity lot an
order to abate a nuisance or health hazard pursuant to Section 19-13-B103c(f)
of the Public Health Code, or identifies a malfunctioning system,
the Director of Health shall conduct the initial investigation of
such non-water proximity lot; and
(3)
In due course. In due course during the phased implementation, if an initial investigation of a non-water proximity lot has not already occurred pursuant to Subsection A(1) or (2) above, the Director of Health shall contact the property owner to schedule an initial investigation of such non-water proximity lot after issuing a notice as provided herein.
B.
At the applicable time in accordance with the phased implementation,
the Director of Health shall issue a notice of entry into the program
under the phased implementation to each property owner. Within 30
days of receipt of such notice, the property owner or its designee/agent
shall file with the Director of Health an application (on a form to
be provided by the Director of Health) pursuant to Section 19-13-B103e(c)
of the Public Health Code.
C.
The initial investigation of every non-water proximity lot with a
sewerage system shall be for the purpose of determining whether such
sewerage system requires upgrading to satisfy the requirements of
the Upgrade Program Standards. As part of the initial investigation,
the property owner may provide, or the Director of Health may request,
additional information to determine compliance with this section.
(1)
If the existing sewerage system on a non-water proximity lot satisfies
the Public Health Code and the Upgrade Program Standards requirements
and does not require an AT system, such lot shall be deemed to be
an SSDS lot. The Director of Health shall issue an SSDS permit for
such non-water proximity lot.
(2)
If the existing sewerage system on a non-water proximity lot requires upgrading in order to satisfy the Upgrade Program Standards requirements but does not require an AT system, such lot shall be deemed to be an SSDS upgrade lot. The Director of Health shall issue an order to upgrade the existing subsurface sewage disposal system pursuant to § 173-26A herein.
(3)
If the existing sewerage system on a non-water proximity lot requires, in addition to satisfying other elements of the Upgrade Program Standards, the installation of an AT system, such lot shall be deemed to be an AT lot. The Director of Health shall issue an order to abandon the existing sewerage system pursuant to § 173-27A(1) herein, and the WPCA shall issue an order to install an AT system pursuant to § 173-27A(2) herein.
D.
The initial investigation of every non-water proximity lot that is
also a vacant lot shall be for the purpose of determining whether
the proposed subsurface sewage disposal system for such lot satisfies
the requirements of the Public Health Code and the Upgrade Program
Standards. If the proposed subsurface sewage disposal system on a
non-water proximity lot that is also a Vacant lot satisfies the Public
Health Code and the Upgrade Program Standards requirements (including
but not limited to the Upgrade Program Standards requirements for
vacant lots), such lot shall be deemed to be an SSDS lot. Upon final
inspection of such SSDS lot following construction of said proposed
subsurface sewage disposal system, and a determination by the Director
of Health that such construction satisfies the requirements of this
article, the Public Health Code, and the Upgrade Program Standards,
the Director of Health shall issue an SSDS permit for such lot.
A.
Orders. The Director of Health shall order the property owner of
an SSDS upgrade lot to upgrade such lot's sewerage system in
accordance with the Upgrade Program Standards.
B.
SSDS permits. Upon final inspection of an SSDS upgrade lot following
an upgrade pursuant to an order, and a determination by the Director
of Health that such upgrade satisfies the requirements of this article
and the Upgrade Program Standards, the Director of Health shall issue
an SSDS permit for such lot.
A.
Orders.
(1)
The Director of Health shall order the property owner of an AT lot
with an existing sewerage system to abandon such AT lot's sewerage
system.
(2)
Upon issuance of such Director of Health order to abandon, the WPCA
shall order such property owner to install an AT system using an AT
system installer and in accordance with the Upgrade Program Standards.
No such WPCA order shall be issued until after written notice to the
property owner and a public hearing in accordance with C.G.S. § 7-257.
B.
AT permits. Upon final inspection of an AT lot following the installation
of an AT system pursuant to an order, and a determination by the WPCA
that such installation satisfies the requirements of this article
and the Upgrade Program Standards, and upon receiving a copy of a
valid executed service contract between the owner of the AT lot and
an AT system Operator, the WPCA shall issue an AT permit for such
lot. The permit shall state that failure to notify the WPCA of a termination
or expiration of such service contract or a change in the AT system
operator shall be a violation of the AT permit.
A.
A WWMD permit shall be valid for a period of five years from the date of issue unless sooner revoked as provided in § 173-32 herein.
B.
SSDS permit renewal. Following is the process for renewal of an SSDS
permit:
(1)
The renewal process for SSDS permits shall be consistent with Section 19-13-B103e(h)(2) of the Public Health Code and this § 173-28B.
(2)
The property owner shall have the septic tank inspected and cleaned
by a septic tank cleaner or septic tank installer properly licensed
by the State of Connecticut to perform such service.
(3)
The property owner or contracted septic tank cleaner or septic tank
installer shall inform the Director of Health at least 24 hours prior
to the inspection and cleaning except in case of emergency.
(4)
The inspection and cleaning must be performed within 90 days prior
to the expiration date of the existing SSDS permit.
(5)
The Director of Health shall have the right to observe the inspection
and cleaning at his/her discretion, and to require such tests, based
upon conditions observed and as the Director of Health deems appropriate,
to determine whether or not said system is malfunctioning or failing.
(6)
The report on inspection and cleaning of the septic tank must disclose
to the Director of Health if there is evidence of a malfunctioning
system or a failed system. Any malfunctioning system noted must be
repaired within 60 days of such inspection and cleaning, or the Director
of Health may issue a temporary permit for a period not to exceed
six months. Any failed system must be repaired on a schedule as determined
by the Director of Health.
(7)
The Director of Health shall have the authority to waive the inspection
and cleaning of the septic tank if he/she determines that inspection
and cleaning are not necessary because of limited use or because of
a recent cleaning or inspection of the septic tank or subsurface sewage
disposal system.
(8)
Applications for permit renewals shall be on forms developed by the
Director of Health and include elements for consideration, as provided
above.
C.
AT permit renewal. Following is the process for renewal of an AT
permit:
(1)
The renewal process for AT Permits shall be consistent with the DEP delegation and this § 173-28C.
(2)
The property owner shall have the AT system inspected by its AT system
operator prior to renewal of the AT permit. Said inspection shall
include a report to be filed in connection with the AT permit renewal
for approval by WPCA summarizing the condition of the AT system and
its components, the septic tank and (to the extent visible) the leaching
system. The report shall summarize operational history of the AT system
over the life of the current permit, including any malfunctions and
remedial measures taken. The AT system operator shall note any deficiencies
or malfunctions in the AT system that would negatively impact performance
of the AT system and shall recommend (and property owner shall implement)
corrective measures to remedy such deficiencies prior to such permit
renewal.
(3)
Unless in the discretion of the WPCA there is a valid reason to the
contrary, the septic tank associated with the AT system shall be inspected
and cleaned by a septic tank cleaner or septic tank installer registered
with the Director of Health as provided herein, properly licensed
by the State of Connecticut to perform such service.
(4)
The property owner or AT system operator shall inform the WPCA at
least 24 hours prior to the AT system inspection, except in case of
emergency.
(5)
The property owner or contracted septic tank cleaner or septic tank
installer shall inform the WPCA at least 24 hours prior to the inspection
and cleaning except in case of emergency.
(6)
The inspection and cleaning must be performed within 90 days prior
to the expiration date of the existing AT permit.
(7)
The WPCA shall have the right to observe the inspection and cleaning
at its discretion, and to perform such tests as the WPCA deems appropriate
to determine whether or not said system is malfunctioning or failing.
(8)
The report on inspection and cleaning of the AT system must disclose
to the Director of Health and WPCA if there is evidence of a malfunctioning
system or a failed system. Any malfunctioning system noted must be
repaired within 60 days, or the WPCA may issue a temporary permit
for a period not to exceed six months. Any failed system must be repaired
on a schedule as determined by the Director of Health.
(9)
The WPCA shall have the authority to waive the inspection and cleaning
of the AT system and its septic tank if it determines that inspection
and cleaning are not necessary because of limited use or because of
a recent cleaning or inspection of the AT system.
(10)
Applications for permit renewals shall be on forms developed
by the WPCA.
D.
Registration and reporting.
(1)
Any septic tank cleaner or septic tank installers providing services
under this article shall be licensed by the State of Connecticut and
be registered with the Director of Health and WPCA. The criteria and
standards for such registration shall be adopted by the Director of
Health and WPCA.
(2)
All septic tank cleaners and septic tank installers shall file reports
as required by WPCA and Director of Health on forms approved by them,
within 30 calendar days of such inspection, through a reporting system
as directed by the WPCA and Director of Health. Any septic tank cleaner
or septic tank installer filing reports using any other method may
be removed from the registration list as provided in the criteria
and standards provided above. The Director of Health and the WPCA
shall provide training on the reporting system at no cost to the septic
tank cleaner or septic tank installer.
A.
SSDS lots. Every SSDS lot shall be subject to standards established
by the Director of Health for effective supervision, management, control,
operation and maintenance. The property owner shall operate and maintain
the subsurface sewage disposal system in accordance with such standards,
which shall be set forth in the SSDS permit.
B.
AT lots. Every AT lot shall be subject to standards for effective
supervision, management, control, operation, monitoring and maintenance,
which standards shall be established by the WPCA in accordance with
the DEP delegation. The property owner shall execute a service contract
with an AT system operator to operate and maintain the AT system in
accordance with such standards, which shall be set forth in the AT permit,
and in accordance with any additional standards established by the
manufacturer of the AT system. In the event repair or replacement
work is required in order to ensure the continued effective operation
of an AT system, the property owner shall apply for a repair permit
from the WPCA prior to conducting such work.
A.
The Director of Health and the WPCA shall have the right of entry
to any land in the WWMD for the purpose of conducting Investigations
for the purpose of determining compliance with this article and the
Upgrade Program Standards and performing such tasks as the Director
of Health or the WPCA determine are advisable for such purpose. Except
in the case of an emergency, if access to the interior of a structure
is required, the Director of Health or the WPCA, as applicable, shall
send a written notice to the property owner.
B.
If access to the property or structure is denied, the Director of Health or the WPCA, as applicable, shall notify the property owner in writing that the WWMD permit for such lot shall be revoked. The Director of Health or the WPCA, as applicable, shall determine the severity of the situation and may revoke the WWMD permit immediately if he/she deems this appropriate, and for WPCA actions, thereafter hold a hearing in accordance with its regulations. In the event access is denied prior to the initial investigation (i.e., prior to the issuance of a WWMD permit), the Director of Health or the WPCA, as applicable, may initiate legal proceedings in accordance with § 173-32B herein and assess penalties in accordance with § 173-35 herein.
A.
SSDS lots. At the time of the initial investigation of a lot that
is not a vacant lot, for the purpose of determining whether such lot
meets the criteria to be designated as an SSDS lot, the Director of
Health may grant exceptions from one or more of the provisions of
the Public Health Code in accordance with Section 19-13-B103d.
B.
AT lots. In the event that an AT system is not feasible to install
on an AT lot, the WPCA may propose alternatives (for example, a community
sewerage system) to one or more of the provisions of the Upgrade Program
Standards; provided, however, that any such alternatives are approved
by the DEP, DPH, and/or the local Director of Health as applicable.
A.
Enforcement of this article as to each lot prior to a determination
as to whether such lot is an SSDS lot or an AT lot shall be the responsibility
of the Director of Health. Enforcement of this article for SSDS lots
shall be the responsibility of the Director of Health. Enforcement
of this article for AT lots shall be the responsibility of the WPCA,
except that, to the extent there is a Public Health Code violation
on an AT lot, the Director of Health shall also have enforcement authority.
B.
In the event that: (i) a lot within the WWMD is determined by the
Director of Health or the WPCA, as applicable, to be out of compliance
with the provisions of this article or the Upgrade Program Standards;
(ii) an AT system or a subsurface sewage disposal system is a malfunctioning
system or a failed system; or (iii) the property owner has not complied
with the conditions of the WWMD permit, the following actions shall
be taken by the Director of Health or the WPCA, as applicable:
(1)
If a WWMD permit has been issued for such lot, the WWMD permit shall be revoked and the property owner shall be given notice of said revocation and of the violation(s) occurring and shall be ordered to immediately abate the condition(s) cited in such notice. Such notice shall comply with the provisions of Subsection B(3) below.
(2)
If a WWMD permit has not been issued for such lot, the property owner shall be given notice of the violation(s) occurring and shall be ordered to immediately abate the condition(s) cited in such notice. Such notice shall comply with the provisions of Subsection B(3) below.
(3)
(a)
Be in writing.
(b)
Set forth the violation(s) of this article, the Public Health
Code, the Upgrade Program Standards, the applicable rules and regulations
issued pursuant thereto, or the WWMD permit.
(c)
Specify a specific date for the correction of the violation(s),
including interim or emergency measures.
(d)
Be served upon the property owner personally, or by registered
mail, return receipt requested, addressed to the property owner at
the address of the property owner as set forth in the records of the
Town Assessor, or, if applicable, be served upon a resident agent
for the receipt of service for the property owner as designated in
the records of the Connecticut Secretary of State. If one of more
persons to whom such notice is addressed cannot be found after diligent
effort to do so, service may be made upon such persons by posting
the notice on or about the property that is the site of the violation(s).
(e)
Be filed in the records of the Director of Health and/or the
WPCA records, as applicable. Notification shall be forwarded to the
Building Official of the Town of Old Saybrook.
(4)
In the event an investigation of the lot is required in order to
determine whether the violation(s) have been corrected, then, at the
end of the period of time allowed for the correction of the violation(s),
the Director of Health or WPCA, as applicable, shall conduct an investigation
of the lot.
(a)
If, upon such investigation, the violation(s) are determined
to have been corrected, the Director of Health or the WPCA, as applicable,
shall reinstate or reissue, as applicable, a WWMD permit.
(b)
If, upon such investigation, the violation(s) are determined
not to have been corrected, the Director of Health or the WPCA, as
applicable, may seek such relief as may be available at law or equity,
in accordance with the provisions of the Connecticut General Statutes,
the Public Health Code, the Code of the Town of Old Saybrook or this
article.
(5)
In the event an investigation of the lot is not required in order
to determine whether the violation(s) have been corrected, then, if,
at the end of the period of time allowed for the correction of the
violation(s), the violation(s) are determined not to have been corrected,
the Director of Health or the WPCA, as applicable, may seek such relief
as may be available at law or equity, in accordance with the provisions
of the Connecticut General Statutes, the Public Health Code, the Code
of the Town of Old Saybrook or this article.
A.
SSDS lots.
(1)
Any property owner who receives a decision of the Director of Health
that is adverse to the property owner may appeal such decision of
the Director of Health in accordance with the provisions of C.G.S.
§ 19a-229.
B.
AT lots.
(1)
Any property owner who has been issued an order by the Director of Health pursuant to § 173-27A(1) herein shall have the right to appeal such order to the DPH in accordance with the provisions of C.G.S. § 19a-229.
(2)
Any property owner who has been issued an order by the WPCA pursuant to § 173-27A(2) herein shall have the right to appeal such order in accordance with the provisions of C.G.S. § 7-257.
(3)
Any property owner who is aggrieved by a decision of the WPCA to
deny an AT permit to such property owner shall have the right to appeal
such decision as provided in C.G.S. § 22a-437.
(4)
Any property owner who has been issued a notice of violation and
abatement order by the WPCA shall have the right to appeal said notice
in accordance with the provisions of C.G.S. § 22a-437.
Fees may be established and are hereby authorized and assessed
as follows: For permits issued by the Director of Health, by the Board
of Directors for the Connecticut River Area Health District in accordance
with § 19a-243 for Public Health Code; and for the WPCA,
consistent with Town ordinances and § 7-245 of the General
Statutes, the fee schedule shall be in writing and shall be effective
upon majority vote of the WPCA following a public hearing, of which
legal notice has been published in a newspaper having a general circulation
in the Town of Old Saybrook not less than five days prior to such
hearing, and upon subsequent publication of notice of such adoption
in a newspaper having a general circulation in the Town of Old Saybrook.
As provided in C.G.S. § 7-148(c)10, any person who
shall violate any provision of this article or who shall refuse or
fail to obey an order of the Director of Health or the WPCA to comply
with this article, the Upgrade Program Standards or any rule or regulation
adopted hereunder, shall be subject to a civil penalty of $100 for
each day of each violation, as assessed by the WPCA, after expiration
of the specified reasonable consideration period as determined by
the WPCA; provided, however, that the penalty set forth in this section
is not exclusive and, when the violation is also a violation of the
provisions of any federal, state or local law, then such additional
penalty, or remedy or enforcement set forth in any such statute, regulation
or ordinance, shall pertain in addition to the penalty provisions
of this section, including but not limited to the powers the Director
of Health.
A.
AT permits: Within 10 business days of the change in ownership of
an AT lot for which an AT permit has been issued, such new property
owner shall file with the WPCA, on a form provided by the WPCA such
information as it may request, including but not limited to, any change
in the information on such permit, evidence that the service contract
has been assigned to the new owner(s), and confirmation that the new
owner(s) understands and will comply with the WWMD ordinance and permits
issued thereunder. Upon receipt, review and approval of the completed
form by the WPCA, the AT permit shall be transferred to the new property
owner.
B.
SSDS permits: Within 10 business days of the change in ownership
of an SSDS lot for which an SSDS permit has been issued, such new
property owner(s) shall file with the Director of Health on a form
provided by such Director of Health, any changes in the information
on such permit, and confirmation that the new owner(s) understands
and shall comply with the WWMD ordinance. Upon receipt, review and
approval of the completed form by the Director of Health, the SSDS
permit shall be transferred to the new property owner.
Any liens associated with the WWMD recorded against a lot within
the WWMD in favor of the Town, the WPCA, or the Director of Health
shall be paid/discharged in full upon the transfer of ownership for
consideration.
