[HISTORY: Adopted by the Town of Clinton 10-13-2010.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also superseded former
Ch. 438, Septage Disposal, adopted 11-4-1998, as amended.
A.
Commission authority. The Clinton Water Pollution Control Commission
is the Town's designated Water Pollution Control Authority, as
provided in Chapter 103, § 7-245 et seq., of the Connecticut
General Statutes, as amended, and has the powers and responsibilities
conferred by said statutes, along with the Town ordinance creating
the WPCC, which became effective on March 26, 1983. The WPCC is directly
responsible for the planning, design, and oversight of all water pollution
control facilities in the Town of Clinton, in accordance with federal,
state, and local regulations.
B.
Purpose.
(1)
To protect the health and welfare of the residents of the Town of
Clinton through the prevention of public health nuisances and environmental
degradation that may have a detrimental impact on the quality of the
Town's groundwater and surface water resources.
(2)
To establish a program for the mandatory cleaning and inspection
of septic tanks, and other sewage-receiving structures, on a timely
basis.
(3)
To compile statistical data, by the Town of Clinton and the Director
of Health, using records provided by the septic tank cleaners, concerning
the frequency of pump-outs and condition of sewage-receiving structures.
(4)
To establish and maintain a current listing of properly licensed
and registered septic tank cleaners and septic system installers.
(5)
To promote the proper collection and disposal of sewage in conformance
with the Public Health Code, the Connecticut General Statutes and
this chapter, all as may be amended.
(6)
To educate property owners and septic system users on the purpose,
use and care of on-site sewage disposal systems.
The provisions of the Public Health Code, including but not
limited to Sections 19-13-B100a, 19-13-B103 and 19-13-B104 of the
Code Regulations of Connecticut State Agencies, and the "Technical
Standards for Subsurface Sewage Disposal Systems," all as may be amended,
are hereby incorporated by reference into this chapter and made a
part hereof.
For the purpose of this chapter, the following words and terms
shall have the meanings hereto assigned.
In addition to the requirements of Section 19-13-B103c(e),
a visual evaluation of the integrity of the septic tank or other sewage-receiving
structure for watertightness, evidence of damage to the structure,
the presence of structurally sound covers over inspection ports and
inlet and outlet baffles, as appropriate, the cleaning of the outlet
filter, if present, and measurement of the liquid capacity of the
tank.
The State of Connecticut Department of Environmental Protection,
acting by its Commissioner or duly authorized representative.
The Director of Health for the Town of Clinton, or his/her
authorized agents.
The State of Connecticut Department of Public Health, acting
by its Commissioner or duly authorized representative.
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 DEP pursuant to C.G.S. § 22a-430.
Any person or legal entity that alone, jointly, or severally
with others has legal title to any real property in the Town of Clinton.
The State of Connecticut Public Health Code, including, but
not limited to, the "Technical Standards for Subsurface Sewage Disposal
Systems," established 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.
The removal of septage from an on-site sewage disposal system
by a septic tank cleaner or septic system installer.
Any individual who installs septic systems and is licensed
by the DPH pursuant to C.G.S. § 20-341a et seq., 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 DPH pursuant to C.G.S. § 20-341a
et seq., 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.
A septic tank or other receptacle that receives sewage from
the house sewer pipe.
The Town of Clinton Water Pollution Control Commission, acting
by its duly authorized agents.
A.
Each property owner whose real property within the Town of Clinton
has an on-site sewage disposal system shall have the septic tank or
other septic-receiving structure cleaned and inspected by a septic
tank cleaner or septic system installer at least once in every five-year
period.
B.
If it is determined by the septic tank cleaner or septic system installer
that the septic tank requires the addition of risers or repair of
the baffles, this work shall be completed and/or inspected by a septic
tank cleaner or septic system installer within 60 days from the date
of the cleaning and inspection.
C.
The Director of Health shall have the right to observe the above-stated
cleaning and inspection.
D.
The Director of Health, in his/her reasonable discretion, may require
more frequent cleaning and inspection for any on-site sewage disposal
system that, because of its current use, requires more frequent maintenance.
Properties that may require more frequent cleaning and inspection
include, but are not limited to, food service establishments, marinas,
institutional establishments, day-care facilities and multifamily
dwellings. More frequent cleaning and inspection may be required by
the Director of Health if the sewage-receiving structure for any on-site
sewage disposal system is undersized for its current use.
E.
Nothing in this chapter shall be construed to absolve any property
owner or occupant from complying with the conditions of any permit
issued by the DEP or the Director of Health.
A.
Any septic tank cleaner or septic system installer providing services
under this chapter shall be registered with the Town of Clinton. The
criteria and standards for such registration shall be adopted by the
WPCC in consultation with the Director of Health, and such registration
criteria and standards shall be available at the offices of the WPCC
and the Director of Health.
B.
All septic tank cleaners and septic system installers shall file
reports as required by the WPCC within 30 calendar days of such cleaning
and inspection, through a reporting system as prescribed by the WPCC.
The report of septic tank cleaning and inspection shall satisfy the
requirement for an application for and issuance of a written permit
for disposal of the contents of the septic tank or other sewage-receiving
structure per Section 19-13-B103c(c) of the Public Health Code.
C.
The Director of Health and the WPCC shall provide training on the
reporting system at no cost to the septic tank cleaner or septic system
installer.
D.
The septic tank cleaner or septic system installer shall notify the
Director of Health and the property owner, in writing, within five
business days if in the course of cleaning and inspection there is
evidence of a failure of the system as defined by Section 19-13-B103c(f)
of the Public Health Code.
A.
The WPCC shall develop an implementation schedule to facilitate an
orderly procedure for the scheduling of the cleaning and inspection
of on-site sewage disposal systems on a defined basis. The implementation
schedule shall begin with those on-site sewage disposal systems for
which the WPCC has no record of cleaning or inspection.
B.
A notice with a deadline will be sent out within 60 days of the next
required cleaning and inspection by the WPCC. The schedule of these
deadlines shall be established based on a five-year period from the
latest reported maintenance in the WPCC records.
C.
For property owners or renters who occupy their homes or place of
business on a seasonal basis, cleaning and inspection shall be scheduled
to allow the maintenance to be performed while their home or business
is occupied.
A.
The property owner may choose any septic tank cleaner or septic system installer to inspect the on-site sewage disposal system, and clean and inspect the septic tank or septic-receiving structure, provided the septic tank cleaner or septic system installer is registered with the Town of Clinton as provided in § 438-5 herein.
B.
The property owner shall have the on-site sewage disposal system
cleaned and inspected within 60 days of the date of written notification
from the WPCC. Upon written request to the WPCC from a property owner,
the WPCC shall grant one extension of no more than 60 days. The WPCC
shall not grant more than one such extension.
A.
Any septic tank cleaner or septic system installer in violation of
this chapter may be subject to the following:
B.
As authorized in C.G.S. § 7-148(c)(10), any property owner
who shall violate any provision of this chapter may be subject to
a civil penalty of $100 for each day of each violation. Such penalty
shall be enforced by citation issued by the First Selectman; provided,
however, that the First Selectman shall issue to such property owner
a written warning providing notice of the specific violation no less
than 10 days prior to issuing the citation.
C.
The penalties set forth in this section are 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.
A.
Any property owner notified in accordance with § 438-8B above may appeal said notice of violation(s) to the Board of Selectmen, in writing, within 15 days of the date of said citation. If an appeal is taken as aforesaid, the first day of violation shall be considered to be the date that is seven days after the decision of the Board of Selectmen or on such later date as established by the Board of Selectmen.
B.
The Town hereby specifically adopts the provisions of C.G.S. § 7-152c
for the establishment of an appeal and citation hearing process for
considering all appeals under this chapter.
In any case where this chapter or any regulation enacted hereunder
is deemed to be in conflict with any provision of the Public Health
Code or the Connecticut General Statutes, the applicable provision
of the Public Health Code or the Connecticut General Statutes shall
apply.
The invalidity of any section, paragraph or provision of this
chapter shall not invalidate any other section, paragraph or provision
hereof.
Upon passage of this chapter, it shall become effective on the
date that is 30 days following publication in a newspaper having general
circulation in the Town of Clinton.
