[HISTORY: Adopted by the Board of Selectmen
of the Town of Brookfield 10-5-2015.[1] Amendments noted where applicable.]
There is hereby enacted an On-Site Subsurface Sewage Disposal
System (SSDS) Ordinance to regulate and control the design, construction,
operation and maintenance of on-site sewage disposal systems serving
single-family and multiple-family homes or small commercial business
with an SSDS having a capacity of 5,000 gallons per day or less in
the Town of Brookfield. The purpose of this article is to promote
the health and welfare of the residents of the Town of Brookfield
by requiring tracking and maintenance of said sewage disposal systems
to prevent their malfunction and to provide for the correction of
malfunctioning sewage disposal systems.
Sections 19-13-B103a through 19-13-B103f and Section 19-13-B100a
of the Regulations of Connecticut State Agencies, and all amendments
thereto hereinafter adopted, are hereby incorporated by reference
in this article and made a part hereof. Said sections are hereinafter
referred to as the "Public Health Code."[1] However, no on-site sewage disposal system which is in
existence on the effective date of this article shall be required
to conform to the design and construction provisions of the Public
Health Code unless said system malfunctions. 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 Sections
19-13-B103d and 19-13-B100a (f) of said code.
[1]
Editor's Note: Said Public Health Code is on file in
the Town offices.
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, gutter, street, roadway or a public place or
if sewage discharges from said system to the surface of any private
property so as to create a nuisance or condition detrimental to health.
A.
All on-site sewage disposal systems 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 variances
which may be granted to the provisions of Section 19-13-B103d of said
code.
B.
It shall be unlawful for any owner or occupant of any single-family
or multifamily home or small commercial business with an SSDS having
a capacity of 5,000 gallons per day or less to discharge sewage into
an SSDS unless an operating permit authorizing said discharge has
previously been obtained from the Health Director of the Town of Brookfield,
or his duly authorized representative.
C.
For all new and repaired systems, a permit to discharge shall be
issued, following an on-site inspection of the sewage disposal system
by the Health Director or his representative, which inspection discloses
proper installation and/or repair.
D.
The Health Director and his representatives, under authority of Connecticut
Public Health Code Section 19a-206, shall have the right of entry
onto any land in the Town of Brookfield for the purposes of conducting
inspections of sewage disposal systems and performing such tests as
the Health Director or his representative, in his discretion, determines
are advisable for the purpose of disclosing whether or not said system
is malfunctioning and, hence, there is just cause to suspect that
a public nuisance may exist.
A.
A comprehensive wastewater compliance management system will be instituted
for the purpose of electronically monitoring compliance with this
chapter. It will include secure public and contractor access, tracking,
notifications and periodic reports. A regulatory management company
will be selected at the discretion of the Board of Selectmen, upon
recommendation of the Director of Health.
A.
Enforcement of this chapter and of the Public Health Code shall be
the responsibility of the Director of Health of the Town of Brookfield
and his duly authorized representative. Said representatives shall
include, but shall not be limited to, the Sanitarian of the Town of
Brookfield, the Director of Public Works of the Town of Brookfield
and such field inspectors as are employed by the Town of Brookfield
for purposes of enforcing the provisions of this chapter.
B.
If a sewage disposal system is determined by the Health Director
or his representative to be malfunctioning, the following actions
shall be taken by said Health Director or his representative:
(1)
The permit to discharge for said sewage disposal system shall be
revoked and the owner of the premises served by said sewage disposal
system shall be given notice of said revocation and of said violation
and shall be ordered to immediately abate said violation.
(2)
The Health Director or his representative shall immediately cause
the notice of violation and a copy of the abatement order to be recorded
on the Brookfield Health Department records. Said notice of violation
shall be released and discharged of record by the Health Director
or his representative when the abatement order has been fully complied
with and the sewage disposal system is no longer malfunctioning. At
such time, a new operating permit shall be issued.
(3)
The Health Director or his representative shall have the right to
seek judicial relief to enforce his orders for the abatement of any
violations of the provisions of the Public Health Code or of this
article.
(4)
Failure on the part of a septic hauler to obtain and/or pay for a
permit to pump may result in the loss of registration to pump septic
systems within the Town of Brookfield. See Section 182-11(D) below.
Any property owner who has issued a notice of violation and
abatement order by the Health Director or his representative shall
have the right to appeal said notice of violation and abatement order
to the Commissioner of Health of the State of Connecticut pursuant
to the provisions of Section 19a-229 of the Connecticut General Statutes,
a copy of which is attached hereto as Exhibit A.[1]
[1]
Editor's Note: Exhibit A reads as follows: "§ 19a-229.
(Formerly Sec. 19-103.) Appeal. Any person aggrieved by an order issued
by a town, city or borough director of health may appeal to the Commissioner
of Public Health, not later than three business days after the date
of such person's receipt of such order, who shall thereupon immediately
notify the authority from whose order the appeal was taken, and examine
into the merits of such case, and may vacate, modify or affirm such
order."
The Health Director or his representative is hereby authorized
to issue a temporary permit to discharge allowing the discharge of
sewage into a subsurface sewage disposal system which is in violation
of the provisions of this article. Said temporary permit shall not
be issued unless the Health Director or his representative 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 Brookfield.
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 Health Director or his representative
deems necessary to effect the required repairs to said sewage disposal
system to bring it into compliance with the provisions of this chapter
and the applicable sections of the Connecticut Public Health Code.
In no event shall a temporary permit to discharge be issued for a
period in excess of six months. Renewal of said permit shall be discretionary
with the Health Director or his duly authorized representative.
[Amended 2-7-2020]
This article governs the removal, transportation and disposal
of all materials removed from any septic tank, cesspool, privy and/or
subsurface sewage disposal system, hereafter known as "septage," generated
in the Town of Brookfield. This article provides minimum operating
and administrative standards for the removal and disposal of septage
per Section 19-13-B103c or Sections 19-13-B104b through 19-13-B104c
of the Connecticut Public Health Code.
In accordance with Section 19-13-103(c)(2)(B) or 19-13-B104c(b)(2)(B)
of the Connecticut Public Health Code, all organizations pumping septage
within the Town of Brookfield shall first obtain necessary permits
from the Director of Health of the Town of Brookfield or his agent.
Application for said permits shall require presentation of a valid
license to transport septage issued by the State of Connecticut in
accordance with Section 20-341 of the Connecticut General Statutes.
Application for the permit shall also require presentation of a valid
permit for transport and disposal of septage issued by the City of
Danbury Health Department or proof of lawful right to dispose of septage
in some other approved facility. Renewal of permits shall be on a
yearly calendar basis, and applications shall be made on a form furnished
by the Town. There is no registration fee for this permit.
A.
Once a septic hauler is registered, the Town shall issue a sticker
that shall be displayed by the vehicles of each pumper permitted by
the Town. The sticker shall include the name of the Town of Brookfield,
the name of the permittee, the date of expiration of the permit, the
number of the permit and the current State of Connecticut motor vehicle
registration number of the permittee's vehicle.
B.
All vehicles used for the collecting and transporting of septage
shall bear the name of the organization conducting such activities.
Such vehicles shall be maintained in a clean exterior condition at
all times.
C.
Disposal of all septage shall be approved by the Brookfield Director
of Health or his/her agent. Disposal of material other than domestic
septage will require joint approval of the Director of Health and
the receiving facility. All permittees are required to allow spot
sampling and inspection of truck tank contents by employees or agents
of the City of Danbury.
D.
Permit to pump and septage discharge permit.
(1)
All organizations authorized to pump septic systems in the Town of Brookfield (see § 182-10 above) shall obtain a septage pumping permit to pump an individual septic system, and pay the required fee as set from time to time by the Board of Selectmen. The septage pumping permit shall include the date and time of pumping, a notation as to any visible evidence of septic system failure, as well as the total gallonage withdrawn.
(2)
Within three business days of pumping, the permittee shall deliver
to the Brookfield Health Department a copy of the septage pumping
permit so that it may be entered into the records of the Health Department,
or as an alternative, the septage pumping organization may submit
such information as required electronically on the Town's electronic
tracking system (ETS). Permission to utilize the electronic tracking
system for the purpose of inputting information may be obtained by
the Director of Health or his/her agent. If discharge occurs at the
Danbury facility, two of the four copies of each permit shall be turned
in to the operator of the disposal facility in the City of Danbury
prior to discharge. If discharge occurs at any other facility, it
shall be the responsibility of the septic pumping organization to
submit the required information directly to the Brookfield Health
Department. All permits shall be numbered and bear the name of the
Town of Brookfield.
A.
Upon completion of pumping, the pumper shall sign and date the septage
discharge permit and certify the number of gallons pumped. A copy
of the permit is retained by the pumper, a copy is forwarded by the
pumper to the property owner pumped, and two copies are turned in
to the operator of the disposal facility. The City of Danbury has
agreed to return one copy of all permits issued by the Town of Brookfield
to the Health Department. No such agreement is currently in force
with any other disposal facility.
B.
Pumpers shall be billed monthly by the City of Danbury for their
use of the Danbury disposal facility to dispose of septage generated
in the Town of Brookfield. Costs of disposal at any other facility
shall be borne by the septic pumping organization utilizing that facility.
C.
Fees charged to pumpers by the City of Danbury for their use of the
Danbury disposal facility shall be based upon permit copies documenting
Town of Brookfield septage processed at the Danbury disposal facility
and a formula used to calculate the City of Danbury's cost to
process septage as agreed to by the Town of Brookfield in Schedule
A of the Interlocal Agreement for Disposal of Septage Waste, dated
November 6, 1984.[1]
[1]
Editor's Note: Said agreement is on file in the Town
offices.
A.
The owner of any organization which pumps or disposes of septage
without obtaining permits as described in this article and by instruction
of the Director of Health is in violation of this article and shall
be subject to a fine of $50 for the first violation. Owners holding
annual permits to pump who violate this article after the first violation
shall be subject to termination of their permit for one year.
B.
If a pumper licensed by the Town of Brookfield delivers to the Danbury
disposal facility any discharge of material collected in the Town
of Brookfield prohibited by Section 2.2 of the Interlocal Agreement
for Disposal of Septage Waste, then the Town of Brookfield shall hold
harmless and indemnify the City of Danbury from any and all claims,
damages, losses, expenses or enforcement actions, including reasonable
attorney's fees, which may arise from said discharge.
C.
Any septage pumping organization that fails to pay, within 30 days,
invoices for septage disposed of at the Danbury disposal facility
shall have its permit to pump septage in the Town of Brookfield revoked.
