[Adopted 10-27-2008]
There is hereby adopted an ordinance for the regulation and
management of on-site sewage disposal systems for the Town of Killingworth
(Town). Such ordinance is to be administered by (a) the Director of
Health, who is appointed by the Board of Selectmen, and (b) the Water
Pollution Control Authority (WPCA), whose members are appointed by
the Board of Selectmen, for the Town of Killingworth. The Director
of Health, through the Board of Selectmen, employs an agent, as defined
within the Connecticut General Statutes and the Public Health Code.
The Water Pollution Control Authority (WPCA) shall use the same agent.
The qualifications of the agent and/or personnel under his supervision
who are engaged in the investigation, inspection, and approval of
on-site sewage disposal systems shall include attendance at training
courses and passing required licensing/certification examinations
given by the State of Connecticut Department of Public Health.
The purposes of this article are as follows:
A.
To promote and protect the health and welfare of the residents of
the Town of Killingworth;
B.
To prevent public health nuisances and environmental degradation;
C.
To protect the quality and quantity of the Town's water resources;
D.
To eliminate the need for centralized wastewater collection and treatment;
E.
To require that all on-site sewage disposal systems are maintained
in good repair and pumped out not less than once in every five-year
period;
F.
To alert property owners to existing or potential problems with their
on-site sewage disposal systems while any damage to such systems and
the costs of any repairs thereto are as minimal as possible;
G.
To develop on-site wastewater disposal system inspection data from
all areas of the Town which can be used by the Water Pollution Control
Authority in a wastewater management plan for the entire Town; and
H.
To provide informational material to property owners regarding the
proper care, management, and maintenance of their on-site subsurface
sewage disposal systems.
The provisions of this article, the requirements it establishes,
and any penalties or rights of appeal set forth pertain only to the
establishment of a mandatory septage pumping plan by the Town of Killingworth.
The article is not intended to contradict or supersede the requirements
already established by the Public Health Code and the Technical Standards
(the Technical Standards of the Public Health Code, which are revised/issued
annually; hereinafter referred to as the "Technical Standards") with
regards to the oversight of new, or failed, septic systems.
Sections 19-13-B100a, 19-13-B103 and 19-13-B104 of the Public
Health Code, and all amendments, including the Technical Standards
for Subsurface Disposal Systems appended thereto hereinafter adopted,
are hereby incorporated by reference in this article and made a part
hereof, and are hereinafter referred to in this article as the "Public
Health Code." Any on-site sewage disposal system that is found to
be a failed system 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; and
any new septic system shall be constructed in accordance with the
Public Health Code.
Definitions of terms contained herein appear in Appendix A to
this article.
Specific implementation requirements of this article are contained
within the WPCA regulations dated November 18, 2008.
All new septic systems and upgrades or repairs to existing on-site
sewage disposal systems in the Town of Killingworth shall be designed
and constructed in compliance with the Public Health Code, the Technical
Standards, ordinances of the Town of Killingworth, or any regulations
and standards of the Connecticut Department of Environmental Protection,
whichever standards may be applicable to said system.
A.
All septic tanks, cesspools and similar receptacles serving on-site
sewage disposal systems located within the Town shall be pumped out
not less than once in every five-year period. The sanitarian shall
maintain a record of each such pump out and a copy of each liquid
waste disposal ticket, which records shall be the property of the
Town of Killingworth. Each liquid waste disposal ticket shall be filled
out by a licensed cleaner and indicate the origin of the load, the
date of pumping and such data regarding the system pumped as the WPCA
may require. The WPCA is hereby authorized to adopt regulations to
effectuate the provisions of this section, and may, by such regulation,
require a more frequent schedule of pumping for specific systems or
areas of special concern as identified pursuant to this article.
B.
It shall be unlawful for an owner or occupant of any building or
the user of any land served by an on-site sewage disposal system newly
constructed or repaired to discharge sewage into said system unless
a permit to discharge authorizing said discharge has been obtained
from the Director of Health. The permit to discharge shall be valid,
unless revoked or suspended, for a period of five years or less, or
as specified by the Director of Health. The permit to discharge shall
be issued by, or renewed by, the Director of Health to owners whose
septic systems meet the conditions listed below. The permit to discharge
will allow the owner to discharge a specified number of gallons per
day (peak or average) to the septic system described on the permit.
C.
Issuance or renewal of permits.
(1)
A permit to discharge shall be issued or renewed by the Director
of Health:
(a)
Upon the final inspection of a newly constructed septic system
which is deemed by the Director of Health to meet at that time all
the requirements of this article, the Technical Standards, including
receipt of the "as built" submitted by the design engineer; or
(b)
Upon repair or upgrade of an existing on-site sewage disposal
system, and/or final inspection of a malfunctioning system or a failed
system (by a licensed installer or design engineer), which is deemed
by the Director of Health to meet at that time all the requirements
of this article and the Public Health Code, including receipt of the
"as built"; or
(c)
After a complete inspection has been conducted and the results
approved by the Director of Health in compliance with this article,
and provided that no malfunction is detected during the inspection.
(d)
Upon repair or upgrade of an on-site sewage disposal system
which is deemed by the Director of Health to meet, to the greatest
extent possible, all the requirements of this article, the Public
Health Code and the Technical Standards, including receipt of the
"as built."
(e)
To the property owners of systems already installed and functioning
prior to the date of this article. When these systems are pumped,
in accordance with time parameters established by this article, a
licensed septic pumper may certify that the system continues to function
satisfactorily and remains in compliance. The form of such certification
will be established by WPCA regulation.
(2)
For on-site sewage disposal systems for which a permit has been issued,
or is in the process of being issued, by the Connecticut Department
of Environmental Protection pursuant to Connecticut General Statutes
§ 22a-430, no permit to discharge under this article is
required. This pertains to systems discharging over 5,000 gallons
per day.
D.
A permit to discharge may be revoked or suspended due to a malfunction
or failure. If a malfunction or failure has been identified, a permit
to discharge shall not be renewed until the Director of Health determines
that the septic system has been repaired or upgraded in accordance
with the applicable sections of this article and the Technical Standards.
E.
The Director of Health shall issue a notice of revocation, or a notice
of suspension, of a permit to discharge to the owner of the property
by certified mail.
F.
No building permit for any building conversion, change in use, building
addition, building renovation, or accessory structure shall be granted
for a property on which the permit to discharge has been revoked,
or suspended, for any of the reasons stated herein.
The WPCA 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 WPCA following a public hearing
held by the WPCA, of which legal notice thereof has been published
in a newspaper having general circulation in the Town 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.
A.
The WPCA, the Director of Health and the agent shall be charged with
the enforcement of this article. The agent shall prepare reports for
the WPCA, the scope of which reports shall be established by the WPCA,
and he shall appear at meetings of the WPCA as deemed necessary by
the WPCA.
B.
The WPCA is hereby authorized to have the agent issue a notice of
violation to any property owner who, in violation of this article,
neglects, fails or refuses to have the on-site sewage disposal system,
tank and/or cesspool located on his property pumped out according
to the requirements of this article.
C.
Such notice shall be in writing, set forth the nature of the violation
of this article, and be served upon the owner in accordance with the
provisions of Connecticut General Statutes § 52-57 or 52-59a,[1] as applicable.
[1]
Editor's Note: C.G.S. § 52-59a, regarding service
on nonresidents doing business in Connecticut, was repealed by P.A.
744, 1969, § 3. See now C.G.S. § 52-59b.
D.
Such notice shall specify that the property owner has not more than
15 days in which to correct the violation by having the on-site sewage
disposal system located on his property pumped out in accordance with
the requirements of this section.
E.
Any property owner notified in accordance with this section who fails
to correct said violation by the date specified in said notice shall
be in violation of this article and subject to its penalties and enforcement
procedures.
F.
Each violation of this article shall be considered a separate municipal
offense. Each day any violation of this article continues shall constitute
a separate offense. Each separate offense under this article shall
be punishable by a fine of $100, payable to the Town of Killingworth.
G.
Any person who receives a notice of violation in accordance with this section may appeal said notice to the Board of Selectmen, in writing, within 10 days of the date of said notice, and request a hearing on said violations. All such appeals shall be considered, and all hearings shall be conducted, in accordance with the provisions of Subsection H below.
H.
The Town hereby specifically adopts the provisions of Connecticut
General Statutes § 7-152c for the establishment of an appeal
and citation hearing process for considering all appeals under this
article.
I.
The WPCA, by its designated agent, the Director of Health and/or
Sanitarian, is hereby authorized to initiate legal proceedings in
the Superior Court for the correction of any violation, collection
of any fines, and the recovery of all costs, including reasonable
attorneys' fees, incurred by the WPCA to enforce the terms of
this article.
A.
Pursuant to the authority granted by statute, the Public Health Code,
and the Technical Standards, the Director of Health, his designated
agent, and/or the Sanitarian shall investigate and, if warranted,
issue an abatement order to any property owner (a) who is maintaining
or allowing to exist a sewage disposal system, tank and/or cesspool
located on his property in violation of the Public Health Code and
the Technical Standards, or (b) who has failed, neglected or refused
to have such sewage disposal system, tank and/or cesspool repaired
according to the requirements of the Public Health Code and the Technical
Standards. Copies of such abatement orders shall be provided to the
WPCA, and the Director of Health shall subsequently provide reports
to the WPCA concerning the status of such abatement orders.
B.
Such abatement order shall be in writing, set forth the nature of
the violation, and provide such further information as required by
the Technical Standards and shall be served upon the property owner
in accordance with the provisions of Connecticut General Statutes
§ 52-57 or 52-59a,[1] as applicable.
[1]
Editor's Note: C.G.S. § 52-59a, regarding service
on nonresidents doing business in Connecticut, was repealed by P.A.
744, 1969, § 3. See now C.G.S. § 52-59b.
C.
Such notice shall specify that the property owner has not more than
15 days in which to correct the violation by having the on-site sewage
disposal system located on his property repaired as stated in the
abatement order.
D.
Any person who receives an abatement order in accordance with this
section may appeal said order pursuant to Connecticut General Statutes
§ 19a-229.
Any septic tank cleaner or septic system installer providing
services under this article shall be licensed by the State of Connecticut
and be registered with the Town of Killingworth. The criteria and
standards for such registration shall be adopted by the Commission.
In any case where this article, or any regulation enacted in
accordance with same, is found to be in conflict with any provision
of the Public Health Code, or any state statute, the more restrictive
shall apply.
As used in this article, the following terms are given the definitions
as follows:
A person authorized by the Killingworth Director of Health
to inspect on-site sewage disposal systems, and evaluate issues relating
to same (to include recommendations for remediation/correction as
required). The qualifications of the agent and/or personnel who are
engaged in the investigation, inspection and approval of on-site sewage
disposal systems shall include the attendance at training courses
and passing required licensing/certification examinations (Ref: Public
Health Code Section 19-13-B103e) given by the State of Connecticut
Department of Public Health. Ongoing education and certification requirements
may be established by the Commissioner as appropriate.
A buried structure which receives sewage from a building
sewer for the purpose of collecting solids and discharging liquid
to the surrounding soil. Cesspools are not recognized as a septic
system in the Public Health Code.
The Director of Health of the Town of Killingworth or an
agent of the Director of Health.
Any on-site sewage disposal system that allows sewage 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 sewage discharges from said system onto the
surface 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.
A determination that an on-site disposal system is functioning
effectively in that no sewage is being/has been discharged to the
surface. In addition, components installed within the system (e.g.,
inlet/outlet baffles) are in place and functioning as intended when
the system was installed. Assessment is made by pumping and visual
inspection after establishing the size of the septic tank, cesspool,
or other structure. Inspections will include pertinent elements from
the Public Health Code and other appropriate sources, and will be
performed by Connecticut licensed pumpers/installers or Connecticut
licensed engineers.
The document prepared by a registered septic tank cleaner
or septic system installer provided to the Town which states the following:
(1) date of pump-out; (2) address of residence; (3) quantity of septage
removed from septic tank; and (4) destination for disposal of the
septage removed from the septic tank.
The regular cleaning of the septic tank, cesspool, building
sewer, distribution line, or any other component of an on-site sewage
disposal system for the purpose of removing any accumulated liquids,
scum or sludge. The term "maintenance" shall also mean any regularly
required servicing or replacement of related mechanical, electrical
or other equipment.
Any on-site sewage disposal system that exhibits a condition
or conditions which, if not timely corrected, will, in the judgment
of the Director of Health, result in a failed system. For example:
substantial backflow from the leaching system into the septic tank
during a septic tank pump-out is an indication of a malfunctioning
system.
A septic system, a cesspool, privy, or any other system or
lack thereof which receives sewage, except for any such system for
which a permit has been issued by the Connecticut Department of Environmental
Protection pursuant to Connecticut General Statutes § 22a-430.
The person or legal entity which alone, jointly, or severally
with others: (a) has legal title to any premises; or (b) has control
of any premises. Control of premises shall include persons or legal
entities who or which are holders of legal title, agents of the holder
of legal title, executors, executrixes, administrators, administrixes,
trustees or guardians of the estate of the holder of legal title.
Each of the foregoing is bound to comply with the provisions of this
article.
The approval of the Director of Health issued in accordance with § 445-20 of this article upon determination that the septic system has been installed in compliance with the requirements of Section 19-13-B103e of the Technical Standards, and the approved plans if applicable, and found to be in compliance with the Technical Standards. Upon sale or transfer of a property with a valid existing permit, the succeeding property owner will retain that permit, but only for the time remaining. Succeeding property owners are then responsible for ensuring that the system remains in substantial compliance. Such compliance may be determined by a licensed septic pumper.
The removal of septage from an on-site sewage disposal system
by a septic tank cleaner or septic system installer.
Any work performed on an existing on-site sewage disposal
system after installation thereof, regardless of the purpose for such
work.
The solid or liquid materials which are pumped out of an
on-site sewage disposal system.
A subsurface sewage disposal system.
Any individual who installs septic systems and is licensed
by the State of Connecticut Department of Public Health pursuant to
Connecticut General Statutes § 20-341a, as amended.
The watertight receptacle which is used for the treatment
of sewage and is designed and constructed so as to permit the settling
of solids, the digestion of organic matter by detention and the discharge
of the liquid portion to a leaching system.
Any individual who cleans on-site sewage disposal systems
and is licensed by the State of Connecticut Department of Public Health
pursuant to Connecticut General Statutes § 20-341a, as amended.
Domestic 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 the environment, but not including manufacturing
process water, cooling water, wastewater from water softening equipment,
blowdown from heating or cooling equipment, water from cellar or floor
drains or surface water from roofs, paved surface or yard drains.
