[HISTORY: Adopted by the Town Council of
the Town of Wallingford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-24-2012 by Ord. No. 577[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
II, Drains, adopted 5-27-1975 by Ord. No. 201.
In 1975, an ordinance was adopted requiring the disconnection
of all drains from roof leaders, cellar drains, yard drains and sump
pumps connected to the sanitary sewer system. Many illegal drains
were disconnected in compliance with the ordinance. In 2009, the Town
completed a study indicating that approximately 83% of the inflow/infiltration
arriving at the wastewater treatment plant is from private sources.
Excessive inflow and infiltration is causing decreased sewer capacity
and increased treatment costs. Illegal inflow and infiltration connections
must be eliminated.
A.
No person, legal entity or other sewer users shall discharge or cause
to be discharged into the sanitary sewer collection system any groundwater
or stormwater (infiltration and inflow) from any source. Such sources
include, but are not limited to, roof leaders, cellar drains, yard
drains, foundation drains, sump pumps and defective laterals.
B.
The construction, use, maintenance or continued use of such connections
to the sanitary sewer system is prohibited.
A.
The Water and Sewer Division staff and/or their authorized agents
will conduct an inspection program to determine compliance with this
article. The Water and Sewer Division staff and/or their authorized
agents shall bear proper credentials and identification, and shall
inspect properties at reasonable times. The inspection shall be limited
to such parts of the premises as necessary for the purpose of inspection
and/or testing in accordance with this article.
B.
In addition to the inspections set forth in Subsection A, the Division staff and/or their authorized agents may conduct an inspection at the following:
(1)
When a building permit is issued for improvements/repairs of buildings,
costing at least $25,000.
(2)
When an existing sanitary sewer lateral is to be used to serve a
new structure on the property.
(3)
At the time of an ownership change. In the event of an ownership
change, the Division may inspect the property for compliance with
this article.
(4)
Upon specific information that the premises may be in violation of
this article.
C.
An inspection and/or testing, under this section, may include, but
not be limited to, a video inspection, smoke testing, dye testing
and/or visual inspection.
A.
After inspection, the property owner shall be notified regarding
any defects/illegal connections found on the property.
B.
If, upon inspection, it is determined that there is an illegal connection/deficiency,
the property owner shall be ordered to permanently disconnect the
illegal connection from the system and/or cure the deficiency at their
own expense. The Public Utilities Commission shall enact regulations
providing the procedural requirements for the order to correct, including
but not limited to notification requirements, time requirements and
postcorrection inspections.
Nothing herein shall limit the Public Utilities Commission from
employing all available remedies to address the correction of illegal
connections/deficiencies, including but not limited to adopting appropriate
regulations and surcharges. Remedies shall also include legal action
to obtain compliance with the order and any other remedy permitted
by law.
Any property owner may appeal an order to correct to the Public
Utilities Commission within 30 days from receipt of the order. The
Public Utilities Commission shall hear the appeal and may affirm,
modify or set aside the order or any portion thereof. The Public Utilities
Commission may adopt procedural rules for any appeal as part of its
regulations.
[Added 9-10-2015 by Ord.
No. 606]
The Public Utilities Commission is authorized to adopt a reimbursement
program providing for financial assistance for funding the removal
of the illegal connections upon terms and conditions it deems reasonable.
[Adopted 9-28-2010 by Ord. No. 566[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. II, Private Sewage Disposal Systems, adopted 12-9-2003
by Ord. No. 513.
This article specifies the requirements for subsurface sewage
disposal systems in the Town of Wallingford and is supplemental to
the Regulations and Technical Standards for Subsurface Sewage Disposal
System, Sections 19-13-B100a, 19-13-B103, and 19-13-B104.[1]
[1]
Editor's Note: The referenced sections can be found in
the Connecticut Public Health Code.
As used in this article, the following terms shall have the
meanings indicated:
A tie or scale record plan indicating the location of the
SSDS as well as any SSDS components, including the building sewer
exit location at building, sewage system access points (tank cleanouts,
distribution boxes, etc), leaching system ends and residential or
nonresidential building for which the SSDS serves.
Health Director or Department staff member holding a currently
valid registered sanitarian license and Phase II septic certification.
Any person holding a valid Connecticut Department of Public
Health subsurface sewage installers license.
Any land mass with a residential or nonresidential building
on it or proposed to be on it.
A system consisting of a house sewer; a septic tank followed
by a leaching system, any necessary pumps and siphons, and any groundwater
control on which the operation of the leaching system is dependent
A.
Soil testing required.
(1)
No building shall be constructed, nor building permits issued for
same, in those areas of the Town of Wallingford requiring a septic
system unless soil tests are conducted or witnessed and approved by
the Health Department in the area of the proposed primary and reserve
septic areas.
(2)
Soil testing shall consist of a minimum of two deep test pits and
one perc test in the primary area and one deep test pit and one perc
in the reserve area. Additional deep pits and/or perc tests may be
required depending on site conditions.
(3)
Additional soil testing may be required at the discretion of the
Health Department if a septic design plan is not submitted and approved
within a five-year period from the date of original soil testing and
for compliance with 19-13-B100a.[1]
[1]
Editor's Note: See the Connecticut Public Health Code.
(4)
Soil testing of new undeveloped properties, individual lots or subdivisions
shall be conducted September 15 through June 30. Soil testing may
be conducted July 1 through September 14 at the discretion and approval
of the Health Department, contingent on current environmental conditions.
The Health Department may require the soil testing to be conducted
by a certified soil scientist in conjunction with the Health Department.
(5)
The Health Department may require additional soil testing and/or
groundwater monitoring conducted during the wet season, February 1
through May 31, per Section 19-13-b103d(e)(2) and 19-13-B103e(d)(6).[2] The Health Department must be notified prior to the start
of groundwater monitoring, and all groundwater monitoring must be
conducted by a licensed professional engineer with periodic monitoring
by the Health Department.
[2]
Editor's Note: See the Connecticut Public Health Code.
B.
Subsurface sewage design plan; permit to construct requirements.
(1)
All new subsurface sewage disposal systems where the property is
located in a watershed or aquifer protection area shall be designed
by a licensed professional engineer.
(2)
All properties requiring a subsurface sewage disposal system must
have a plot plan or engineered subsurface sewage design plan reviewed
and approved by the Health Department prior to the issuance of a septic
permit or any building permit. The inspection of the installation
shall be conducted by the Health Department prior to backfill or cover
of the system.
A.
No existing septic system shall be repaired, including the installation
of a septic tank, without a permit from the Health Department. Repair
applications shall include soil testing to determine a suitable area
for the repair and a plot plan or engineered design plan submitted
for review and approval based on site conditions. Soil testing fees
are waived for repair applications. The Health Department will issue
a permit to discharge upon completion and review and approval of the
repair and receipt of the as-built.
B.
The approval of plans and/or the issuance of a septic permit or the
issuance of a permit to discharge shall not be construed as a guarantee
by the Health Department pertaining to the construction or the continued
satisfactory functioning, nor shall it in any way restrict the actions
or powers of the Director of Health in the enforcement of any relevant
law or regulation.
A.
Requests for soil testing, groundwater monitoring and site evaluation
must be scheduled with the Health Department prior to the proposed
scheduled date.
B.
Engineered design plans submitted for review will be reviewed and
comments (if any) forwarded within 20 working days of receipt of complete
plans.
C.
All plans for engineered sewage disposal systems may be required
to be further reviewed by the State Department of Public Health and/or
the Connecticut State Department of Environmental Protection.
A.
No building or structure requiring a subsurface sewage disposal system
constructed after the effective date of this article shall be occupied
until a permit to discharge is issued by the Health Department and
forwarded to the Building Department.
B.
The permit to discharge is issued after approval of the installed
subsurface sewage disposal system and an as-built submitted by a licensed
installer and design engineer, if required as part of the plan approval,
is reviewed and approved. The Building Department will issue the certificate
of occupancy upon receipt and satisfaction of building requirements.
A.
Soil testing as defined in § 177-8 shall be $50 per lot and $35 per lot for subdivisions of three or more lots. Each additional site visit conducted for the purpose of soil testing on previously tested lots will be assessed a fee of $35 per lot.
B.
Groundwater monitoring as defined in § 177-8A(5) shall be $50 per lot and $35 per lot for subdivisions of three or more lots for the duration of the monitoring period.
C.
Permits to install a new subsurface system shall be $100 and repair
permit fees shall be $50. The permit fee includes all necessary site
inspections conducted as part of the installation process. The licensed
septic installer or property owner must sign all permits. Permits
are valid for one year from date of issue.
A.
The Director of Health of the Town of Wallingford is authorized to
make regulations for the installation or repair of subsurface sewage
disposal systems in those areas of the Town of Wallingford requiring
on-site sewage disposal systems as considered reasonably necessary
to carry into effect the provisions of this article, provision for
the issuance of a permit for such installation or repair upon application
by the property owner on forms to be supplied by the Health Department.
Such regulations shall be printed in suitable form for distribution
to all interested persons.
B.
Nothing in this article, including the issuance of permits provided
herein, shall be construed as limiting the power granted to the Director
of Health under provisions of general laws of this state to abate
any sewage nuisance, including but not limited to the requirement
to connect to public sanitary sewers.
This article is enacted pursuant to the authority granted under
provisions of § 7-148 and 19a-206, 19a-229, 19a-230 of the
Regulations of Connecticut State Agencies and General Statutes of
the State of Connecticut, as amended.
Appeal procedure is pursuant under the Regulations of Connecticut
State Agencies and the General Statutes of the State of Connecticut,
as amended.
