[HISTORY: Adopted by the Town of Ellington as indicated in article histories. Amendments noted where applicable.]
[Adopted effective 3-21-1966]
There is herewith created pursuant to Chapter 103 of the General Statutes of Connecticut a body to be known as the "Sewer Authority of the Town of Ellington."
Said Sewer Authority shall consist of five persons, all of whom shall be residents and electors of the Town of Ellington. If any person serving as a member of said Sewer Authority shall cease to be a resident of the Town, his membership on said Sewer Authority shall terminate and the position held by him shall be legally vacant.
The members of the Sewer Authority, and any vacancies occurring therein, shall be filled by appointment of the Board of Selectmen. Initial appointment of members shall be for terms of one through five years, respectively, all terms to commence on April 1, 1966. Any vacancy occurring on said Authority shall be filled for the unexpired portion of the term. No member of the Authority shall be entitled to compensation for his services, but any member shall be entitled to reimbursement or payment for reasonable expenses in connection with his duties when approved by a majority vote of the full membership or approved by the Chairman. The members shall, upon assuming office, elect from among their members a Chairman and Secretary who shall, respectively, conduct all meetings of the Authority and keep a record of the same.
The Authority may employ necessary secretarial and technical assistance in the performance of its duties, and the salaries of such persons shall be deemed necessary expenses of the Authority.
The Sewer Authority of the Town of Ellington shall have all the powers and duties provided in Chapter 103 of the General Statutes of Connecticut, Revision of 1958, as amended.
[Adopted effective 12-26-1980]
In order to protect, preserve and ensure the public health of the residents of the Town of Ellington and in order to ensure proper removal and disposal of sewage wastes and sewage waters within the Town of Ellington, to ensure the proper operation and maintenance of public sanitary sewers and sewage pumping facilities within said Town, and to provide for the keeping of adequate records of sewers, appurtenances, and connections thereto, the following article regulating the construction, use, repair, alteration and discontinuance or abandonment of sewers and appurtenances of the public sanitary sewer system of the Town of Ellington as provided in § 7-247 et seq. of the General Statutes of the State of Connecticut is hereby enacted.
As used in this article, the following terms shall have the meanings indicated. The word "shall" is mandatory; "may" is permissive.
- ACT or THE ACT
- The Federal Water Pollution Control Act, also known as the "Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
- BOD (denoting BIOCHEMICAL OXYGEN DEMAND)
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C., expressed in milligrams per liter.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
- BUILDING SEWER
- The extension from the building drain to the public sewer or other place of disposal.
- CHLORINE DEMAND
- The amount of chlorine, in milligrams per liter, which must be added to water or wastes to produce a free residual chlorine in such waters or wastes of 1.0 milligram per liter.
- COMBINED SEWER
- A sewer receiving both surface runoff and sewage.
- COMMERCIAL WASTES
- The liquid wastes from commercial processes as distinct from sewage, including but not limited to laundries, restaurants, gas stations, etc.
- COOLING WATER
- Includes clean wastewater from air-conditioning, industrial cooling, condensing and similar apparatus and from hydraulically powered equipment. In general, "cooling water" will include only water which is sufficiently clean and unpolluted to admit for discharge without treatment or purification into any natural open stream or watercourse without offense.
- An acquired legal right for the specific use of land owned by others.
- FLOATABLE OIL
- Oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
- Solid wastes from the preparation, cooking and dispensing of food and from the handling, storage and sale of produce.
- INDUSTRIAL WASTES
- The liquid wastes from industrial processes as distinct from sewage.
- NATURAL OUTLET
- Rivers, streams, brooks, waterways, lakes, ponds, marshes, swamps, bogs, and other bodies of water, natural or artificial, public or private, which are contained within, flow through or border upon the boundaries of the Town of Ellington.
- Any individual, firm, company, association, society, corporation, or group.
- The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
- PROPERLY SHREDDED GARBAGE
- The wastes from the preparation, cooking, and dispensing of food which have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch in any dimension.
- PUBLIC SANITARY SEWER
- A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
- REASONABLE LENGTH OF TIME
- Ninety days, weather permitting.
- SANITARY SEWER
- A sewer which carries sewage and to which storm-, surface and ground waters are not intentionally admitted.
- SEPTIC TANK or PRIVATE SEPTIC DISPOSAL SYSTEM
- An on-site subsurface waste disposal system constructed and maintained in accordance with all requirements of the Public Health Code, Building Code, Zoning Ordinance, this article and any other regulations, laws or ordinances of the Town of Ellington.
- A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, excluding, however, all those industrial and commercial wastes other than from toilets, normal bathroom use, or on-premises restaurant kitchens.
- A pipe or conduit for carrying sewage.
- Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation.
- STORM SEWER or STORM DRAIN
- A sewer which carries storm- and surface waters and drainage but excludes sewage.
- SUBSOIL DRAINAGE
- Includes water from the soil percolating into subsoil drains and through foundation walls or basement floors or from underground pipes or from similar sources.
- That person designated by the Ellington Water Pollution Control Authority to implement and enforce the provisions of this article, or his authorized deputy, agent or representative.
- SUSPENDED SOLIDS
- Solids that either float on the surface of or are in suspension in water, sewage, or wastewater and which are removable by laboratory filtering, expressed as milligrams per liter (mg/l) by weight (or pounds per day).
- The Town of Ellington, Connecticut.
- TOXIC POLLUTANT
- Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of § 307(u) of the Act or other acts.
- A channel in which a flow of water occurs, either continuously or intermittently.
- WPCA or WATER POLLUTION CONTROL AUTHORITY
- The Ellington WPCA as defined in Chapter 103 of the Connecticut General Statutes (1958), as amended, and as designated in the Ellington Charter, § 812.
- WPCF or WATER POLLUTION CONTROL FACILITY
- All facilities for collecting, pumping, treating and disposing of wastewater.
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the Town of Ellington or in any area under the jurisdiction of said Town any human or animal excrement, garbage, sanitary sewage, industrial or commercial wastes or any polluted waters. Customary agricultural utilization and disposition of animal excrement in a sanitary manner upon public or private property shall be lawful within the Town of Ellington.
It shall be unlawful to discharge to any natural outlet within the Town of Ellington, or any area under the jurisdiction of said Town, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article and the appropriate permits obtained from the Connecticut Department of Environmental Protection and the Ellington WPCA.
The owner of all existing or subsequently constructed houses, buildings or properties used or to be used for human occupancy, employment, recreation, or other purposes situated within the Town and abutting on any public street, alley or right-of-way in which there is located an adjoining public sanitary sewer of the Town is hereby required, at his expense, to install suitable toilet, bathroom and kitchen facilities therein, as appropriate to its use, and to connect such facilities directly with the public sanitary sewer in accordance with the provisions of this article, within six months after date of official notice to do so.
No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.
There shall be two classes of building sewer permits: for residential and commercial service and for service to establishments producing industrial wastes. In either case, the owner, licensed drain layer, or a duly authorized agent shall make application on a form furnished by the WPCA. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. A permit and inspection fee will be established by the WPCA from time to time.
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner or drain layer shall indemnify the Town or WPCA from any loss or damage to the public sanitary sewer and/or road or public facility that may directly or indirectly be occasioned by the installation of the building sewer.
A separate and independent building sewer shall be provided for every building, except that where one building stands at the rear of another on a interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may, with the approval of the Superintendent, be extended to the rear building and the whole considered as one building sewer.
Existing building sewers may be used in connection with new buildings only when they are found by the Superintendent on examination and test to meet all requirements of this article. All costs incurred for such testing are to be borne by the owner.
The size, slope, alignment and materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall conform to the requirements of the Ellington House Connection Policy and local building and plumbing codes or other applicable rules and regulations of the Town. In the absence of code provisions or in amplification thereof, the materials of the ASTM and WPCF Manual of Practice No. 9, as amended, shall apply.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. Plans and specifications of the lift station shall be submitted to the Connecticut Department of Environmental Protection (CDEP). Copies of the CDEP approval must be submitted to the Superintendent before a connection permit will be issued. Duplex lift systems shall be provided for commercial and industrial buildings.
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which, in turn, is connected directly or indirectly to a public sanitary sewer.
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Town or the procedures set forth in appropriate specifications of the ASTM and WPCF Manual of Practice No. 9, as amended. All such connections shall be made gastight and watertight. Any deviations from the prescribed procedures and materials must be approved by the Superintendent before installation.
The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or his representative.
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town or appropriate Town agency.
No building sewer shall be constructed within 25 feet of a water supply well. If a building sewer is constructed within 25 to 75 feet of a water supply well it shall be constructed of extra-heavy cast iron (ASTM 74-69) with leaded joints, ductile iron or PVC (SDR 35) whose infiltration/exfiltration rate shall not exceed 25 gallons/diameter/mile/day.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer.
Industrial cooling water or unpolluted process waters may be discharged on approval of the Superintendent to a storm sewer or natural outlet in accordance with all applicable state and federal laws and regulations.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the WPCF or to the operation of the WPCF. At no time shall two successive readings on an explosion hazard meter at the point of discharge into the system (or at any point in the system) be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter.
Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities, such as, but not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, wastepaper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.
Any sewage having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the WPCF. The upper limit of pH for any industrial wastewater discharge shall be established under the discharger's state discharge permit.
Any sewage containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals or plant life, create a toxic effect in the receiving waters of the WPCF, or exceed the limitation set forth in federal pretreatment standards.
Any noxious or malodorous sewage, gases, or solids which, either singly or by interaction with other sewage, are sufficient to prevent entry into the public sewers for their maintenance and repair.
Any substance which may cause the WPCF's effluent or any other product of the WPCF, such as residues, sludges, or scums, to be unsuitable for the reclamation process where the WPCF is pursuing a reuse and reclamation program. In no case shall a substance discharged to the WPCF cause the facility to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under § 405 of the Act, any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Resource Conservation Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used.
Any wastewaters which are not amenable to treatment or reduction by the sewage treatment processes employed or which are amenable to the treatment only to such degree that the sewage treatment plant cannot meet the requirements of a state and/or federal agency having jurisdiction over the discharge of wastewaters.
The following described substances, materials, waters, or wastes shall be limited in discharges to public sewers to concentrations or quantities which will not harm either the sewers or water pollution control facility, will not have an adverse effect on the receiving stream, or will not otherwise endanger public property or constitute a nuisance. The Superintendent or Commissioner of Environmental Protection may set limitations lower than the limitations established in the regulations below if more severe limitations are necessary to meet the above objectives. The limitations or restrictions on materials or characteristics of sewage discharged to the public sewer are as follows:
Sewage having a temperature higher than 150° F. (65° C.).
Sewage containing fats, wax, grease, petroleum, or mineral oil, whether emulsified or not, in excess of 100 mg/l with floatable oil not to exceed 20 mg/l or containing substances which may solidify or become viscous at temperatures between 32° and 150° F. (0° and 65° C.).
Any garbage that has not been properly shredded. Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
Any sewage containing odor-producing substances exceeding limits which may be established by the Commissioner of Environmental Protection.
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Commissioner of Environmental Protection in compliance with all applicable state and federal regulations.
Materials which exert or cause:
Unusual concentrations of inert suspended solids (such as, but not limited to, sodium chloride and sodium sulfate).
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
Unusual BOD, chemical oxygen demand, or chlorine demand in such quantities as to constitute a significant load on the water pollution control facility.
Sewage containing substances which are not amenable to treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the water pollution control facility effluent cannot meet the limits stipulated in the WPCF NPDES permit.
Any sewage which, by interaction with other sewage in the public sewer, releases obnoxious gases, forms suspended solids which interfere with the collection system, or creates a condition which may be deleterious to structures and treatment processes or which may cause the effluent limitations of the NPDES permit to be exceeded.
Overflow from holding tanks or other receptacles storing organic wastes.
Sewage with concentrations of pollutants in excess of the following limits:
State permit required.
In accordance with § 22a-430 of the Connecticut General Statutes, as amended, a permit from the Commissioner of Environmental Protection is required prior to the initiation of a discharge of any of the following wastewaters to a public sewer:
A potential discharger must submit a permit application to the Department of Environmental Protection not later than 180 days prior to the anticipated date of initiation of the proposed discharge.
If any waters or wastes are discharged or are proposed to be discharged to the public sewers which contain the substances or possess the characteristics enumerated in Subsection D of this section and which in the judgment of the Superintendent may have a deleterious effect upon the sewage facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may reject the wastes, require pretreatment of the wastes to an acceptable condition for discharge to the public sewers, require control over the quantities and rates of discharge, and/or require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Subsection K of this section. If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plant and equipment shall be subject to the requirements of all applicable codes, ordinances, and laws.
Grease, oil, and sand interceptors shall be provided when, the option of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent and shall be located as to be readily and easily accessible for cleaning and inspection.
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense.
When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage facilities and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of the premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls, where pH values are determined from periodic grab samples.)
No statement contained in this section shall be construed as preventing any special agreement or arrangement between the Ellington Water Pollution Control Authority and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Ellington WPCA for treatment, subject to pretreatment and payment therefor by the industrial concern.
Within five days following an accidental discharge, the user shall submit to the Superintendent and the Commissioner of Environmental Protection a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage, or other liability which may be incurred as a result of damage to the sewer system, fish kills, aquatic plants, or any other damage to persons or property, nor shall such notification relieve the user of any fines, civil penalties, or other liability which may be imposed by this article or other applicable law.
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees who to call in the event of a dangerous discharge. Employers shall ensure that all employees are advised of the emergency notification procedure.
No person other than those described in Subsection A or E of this section shall construct, repair, alter or remove any sewer, building drain, building sewer, or sewer line connected to or with or discharging directly or indirectly to or into any public sanitary sewer of said Town or intended to discharge thus at some future time, regardless of whether said work is located in a public street or in public or private land.
The following may, as indicated, construct, repair, alter, or remove sewers, subject to supervision and approval by the Ellington WPCA:
Regular forces of a contractor employed by the Town, operating under orders of the WPCA and in the performance of work for said Town.
Regular forces of the Town and/or the State Department of Transportation operating under and subject to permit for the particular job to be issued by said WPCA or the Superintendent and while engaged in the regular work and operations of said Town or State Department of Transportation.
Regular forces of any public utility corporation authorized by state law to construct, maintain, and operate pipes or ducts within public highways within said Town, while engaged in work incidental to the regular structures of said utility company and operating under and subject to the conditions of a permit for the particular job issued by said WPCA or the Superintendent.
The limitations as to persons who may construct, alter, or repair building drains and building sewers as provided in Subsection B of this section shall not restrict the usual work of plumbers or others when operating in accordance with local plumbing and building codes of the Town when they are working on pipes within or not more than five feet outside the walls of a building or similar structure, provided that no plumber, drain layer or other person shall make any connection to a public sewer of said Town without a permit therefor, even if said sewer is located under or immediately adjacent to any building or similar structure, and provided that all fixtures within said building or structure and all use made of them shall conform to the requirements of this article as to what may and may not be permitted to be discharged into public sanitary sewers.
Owner performance. Nothing herein contained shall prohibit the owner of a building or structure from personally installing the building sewer on his own property under the conditions herein specified:
Approval of plans and final approval by the Superintendent shall be obtained;
A permit shall be secured as herein provided before the work is performed;
Permit fees shall be paid and applications made for inspections; and
All work shall be performed by the owner himself in accordance with the provisions of this article.
No person, other than those working for and under the direction of the Town, shall make any excavation for or construct, install, lay, repair, alter, or remove any sewer, building drain, building sewer, sewer connection, or appurtenance thereof or connect to such sewer within the Town which is in any way connected to or discharges directly or indirectly to or into any public sanitary sewer of said Town, or is intended at some future time to be so connected or so discharged, until said person or party shall have applied for and secured from the Superintendent a permit for doing such work. Such permits may be issued only to those qualified to perform such work as provided in § 143-8A or E of this article.
Every application for a permit shall be made in writing on forms to be provided by the WPCA for that purpose and shall be signed by the drain layer, owner, or an authorized agent thereof. The application shall state the location and ownership of the property to be served by the sewer in question, the post office address of said property owner, and a brief description of the work to be done and shall contain an agreement that the permittee will do the work in accordance with the requirements of Town and local laws, ordinances, regulations and permits as those laws, etc., may apply to the particular locations of work and will save said Town and others harmless from damages, loss, damage claims, etc., in accordance with the terms of the drain layer's surety bond provided for in § 143-12 hereof.
Any person who applies for a permit to connect into a public sanitary sewer or sewer line shall pay the prescribed fee for each such permit. Permits shall not be transferable or assignable by the permittee. Permits shall be kept on the premises where and at all times when work is in progress and shall be shown to any proper person asking to see the same. All persons operating under such permits shall be held responsible for conformity with the requirements thereof and with this article.
Any permit, in whole or in part, may be suspended, canceled, or terminated by the WPCA or the Superintendent on written notice to the permittee for violation of the conditions thereof or for the violation of the requirements of this article.
Each drain layer licensed in accordance with § 143-8A hereof shall be responsible for the proper performance of all work performed under the permits issued to him and for the conduct of all work and all materials furnished on work by his employees or agents. Work may be sublet only to another drain layer licensed under § 143-8A, and then the drain layer to whom the permit was issued shall be fully responsible for compliance with this article and the conditions of the permit as if he had done the work.
Each drain layer shall save the Town of Ellington, its agents, and servants harmless from all loss or claims of loss, damage or injury arising from the operations of said drain layer under any permits issued him by reason of his negligence in performing the work for which he has been issued a permit. He shall file with the Town a certificate or certificates of insurance, as required by the Ellington WPCA.
Every person making application for a permit shall file with the WPCA a satisfactory bond with surety in a form satisfactory to the WPCA or the Superintendent. The bond shall be in an amount determined by the WPCA or the Superintendent, conditioned upon the applicant:
Substantially and properly performing all work to be done under the permit issued to him in a workmanlike manner;
Using proper materials;
Restoring that portion of any street or public place which has excavated in accordance with the rules contained in the permit issued to him and maintaining the same for a period of one year; and
Reimbursing the Town for any expense for repairs to such street or public place made necessary by reason of the excavation.
Within 60 days after a public sanitary sewer in a public street becomes operational, the Sewer Authority may order the owner of any building to which a sewerage system is available to connect such building with the system.
The basis for an order to connect will be:
[Amended effective 7-26-1989]
The existence of an inadequate or failing on-site subsurface sewage disposal system;
By reason of density of development, proximity to natural outlets or watercourses, proximity to water supply wells, and/or soil or other conditions affecting subsurface drainage and water flow, the Water Pollution Control Authority determines that continued use or construction of a septic tank or other private septic disposal system will not adequately ensure the public health or protect against discharge of sewage into natural outlets or watercourse; or
Any order by the Connecticut Department of Environmental Protection or other regulatory authority directing the Town to abate pollution by the installation of a municipal sanitary sewage system.
No such order shall be issued until after a public hearing with respect thereto after due notice in writing to such property owner.
Such order, when issued, shall notify such property owner that he or she must connect with said sewer within six months after such notification.
Failure to obtain a permit to make such connection shall be prima facie evidence that no connection has been made.
No subsurface sewage disposal system shall, after the effective date of this regulation, be constructed, altered, repaired or rebuilt in an area where public sewers are available and the connection thereto is feasible.
Any person who willfully breaks, damages, destroys, or injures any structure, appurtenance, or equipment that is a part of the public sanitary sewer system shall be subject to the penalties imposed under § 53a-117 of the Connecticut General Statutes (Rev. 1958), as amended.
The Water Pollution Control Authority and the Superintendent, and any other duly authorized employees of the Town bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling, and testing of all discharges into the building drain and sanitary sewer, in accordance with the provisions of this article.
Any person who shall violate any provision of this article except § 143-15 shall be served by the Town with written notice stating the nature of the violation and providing a time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any person who shall violate any provision of this article may be fined not more than $100. Each day that any violation of this article continues and each day that person continues to discharge prohibited wastes or substances into any public sanitary sewer shall be deemed a separate offense for the purpose of applying the above penalty.
If any person shall construct, install, alter, or repair any sewer, building drain, building sewer or connection to any public sanitary sewer of the Town in violation of the requirements of this article or, having obtained a permit as provided in this article, shall construct, install, alter, or repair any sewer, building drain, building sewer or connection thereto without having given the Superintendent or his authorized representative adequate notice, time, opportunity and assistance, during regular working hours, to inspect such sewer, connection and the work and materials used thereon, said Superintendent shall order or direct the person who constructed, installed, altered, or repaired such sewer, etc., to uncover and fully expose any or all portions of such sewer, etc., and afford said Superintendent and his authorized representatives adequate opportunity to examine and inspect such sewer, etc., and to secure such records thereof as may be proper. If such sewer, etc., and the appurtenances thereof shall be found not to be in full accord with the requirements of this article and the standards established under its provisions, then said Superintendent shall order and direct such person, owner or lessee to make such changes in or additions to or remove portions of appurtenances of such sewer, etc., as may be necessary to ensure that such sewer, etc., will conform to the requirements of this article and of the standards established under its provisions. All of such work shall be performed by said person, owner or lessee without delay and without expense to the Town.
If any person, after proper order or direction from the Superintendent, fails to take the remedial steps or perform the acts required by this article, or fails thereof, as required by this article, the WPCA or the Superintendent, by such agents and/or facilities as it or he may choose, may disconnect the sewer, etc., which was wrongfully connected, altered, repaired or used or through which improper wastes were discharged into the public sanitary sewer system of the Town. All costs for disconnecting shall be borne by such person and shall be paid to the WPCA immediately upon notice of the amount of such costs.
[Amended effective 7-26-1989]
If any person, after order or direction from the WPCA, as authorized by this article, fails to make connection with a public sanitary sewer, the WPCA, or its duly authorized agent, may choose to construct said connection. All costs for construction are to be borne by the owner. All costs for such construction shall be borne by such person and shall be paid to the WPCA immediately upon notice of the amount of such costs.
[Amended effective 7-26-1989]
The Superintendent and other duly authorized representatives of the WPCA bearing proper credentials and identification shall be permitted to enter all private properties through which the Town holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in accordance with the terms of the easement pertaining to the private property involved.
The WPCA, or its duly authorized agent, may seek any other remedy or means of enforcement provided by law, including an order from a court of competent jurisdiction enjoining further violation of any provision of this article. Any person who fails to pay any amount due under this article shall, in addition to such amount, be liable to the Town of Ellington for the costs of collecting the amount due, including reasonable attorney fees. Enforcement under this section shall be in addition to and not in lieu of any penalties imposed under § 143-16 of this article.
[Added effective 7-26-1989]
An appeal may by taken to the WPCA by any person aggrieved by any order, requirement, or decision made by an official charged with the enforcement of this article. Said appeal shall be taken within 30 days after notification of the aggrieved person of the order, requirement, or decision. An appeal shall stay all proceedings in the action appealed from, unless the official from whom the appeal has been taken certifies to the WPCA that, by reason of fact, a stay would cause imminent peril to life or property. Said WPCA shall fix a reasonable time for the hearing of any appeal and give due notice thereof to the parties. Said WPCA shall decide such appeal within 65 days after the hearing. Said WPCA may reverse or affirm, wholly or partly, or may modify any order, requirement, or decision appealed from and shall make any such order, requirement, or decision as in its opinion should be made in the premises.
[Added effective 9-18-1985]
The Water Pollution Control Authority, hereinafter referred to as "WPCA," is authorized to enter into agreements on behalf of the Town of Ellington with developers or other owners of land, hereinafter referred to as "developers," for the construction of sewers, which may become part of the public sewer system under the conditions hereinafter stipulated. The WPCA is empowered to make, from time to time, any necessary regulations stipulating the terms and conditions of said agreement not inconsistent with the provision of this article. For the purposes of this section, a developer is one who is required pursuant to Article VII, § 230-22 of the Zoning Regulations of the Town of Ellington to submit a site development plan or any person, firm or corporation who or which shall subdivide and develop land.
The terms and text of a standard form of agreement for work under this article or any variations of said standard form to apply to any particular project thereunder shall be as approved by the Town Attorney. Prior to any such agreement and construction pursuant thereto, the developer shall have the development site approved by the Planning and Zoning Commission of the Town of Ellington. No construction shall commence until the developer has secured approval of construction plans and specifications for the proposed sewers. Approval from the WPCA does not relieve the developer of the obligation to obtain any other authorizations required by law.
Such agreements shall provide that the full cost of construction of the sewer and all expenses incidental thereto shall be borne by the developer. The developer, upon application to the WPCA for approval of plans and specifications, shall deposit with the Finance Officer of the Town of Ellington a sum deemed by the WPCA to be sufficient to defray the cost of work to be performed by the Town prior to or during construction or during any maintenance period stipulated. Such work shall include but not be limited to preliminary surveys, preparation of designs and plans, other expenses of preliminary engineering, inspection, supervisory engineering, grade staking, measuring, and testing. Such agreements shall also provide that, in case said deposit proves to be insufficient at any time during the progress of the work, further deposit shall be made upon notification by the Finance Officer of said Town and that, upon acceptance of the sewer, any unexpended portion of said deposit shall be returned to the developer. The developer is further subject to payment of an assessment under the Sewer Benefit Assessment Policy of the WPCA.
The WPCA may require as part of said agreement that adequate bond or other surety acceptable to the Town be submitted to insure completion and maintenance of the work.
Such agreements shall require, whenever the work is not in a duly accepted public highway, that adequate rights-of-way be conveyed to the Town prior to the acceptance of the sewer, the terms of conveyance being subject to the approval of the Town Attorney.
All designs for developer sewers shall be accomplished by a licensed professional engineer in the State of Connecticut. The sewer system shall be properly designed in accordance with Guides for the Design of Wastewater Treatment Works, latest edition, as prepared and published by the New England Interstate Water Pollution Control Commission and in strict conformance with all requirements of the State of Connecticut and Town of Ellington. The design of sewers must anticipate and allow for flows from all possible future extensions or developments within the immediate drainage area, the drainage area being that area which can be easily sewered by gravity. Construction plans and specifications for sewer extensions shall be submitted to, and approval obtained from, the WPCA before construction may proceed. A report presenting the basis of design of the proposed sewers shall be submitted by the developer to the WPCA for approval of the WPCA prior to approval of the final construction plans and specifications.
The installation of the sewers must be subject to the inspection of the Town Building Official, the WPCA or the WPCA's engineer, and the expenses for this inspection shall be paid for by the developer. The sewer as constructed must pass the infiltration/exfiltration test required in Subsection H before it is used.
Upon completion of construction of any sewer extension, but before final acceptance by the WPCA, the sewer system shall be tested for infiltration and exfiltration of both sewer lines and manholes under the direction and inspection of professional engineer registered in the State of Connecticut and in the presence of the WPCA's designated agent. When the sewers have passed tests to demonstrate that they meet the standards presented in the Guides for the Design of Wastewater Treatment Works, then the Engineer shall certify in writing to the Authority as to the nature of the tests and results thereof and the fact that the tests meet acceptable standards.
Upon completion of construction and acceptance by the WPCA of the infiltration/exfiltration test results, the developer shall submit as-built record drawings of the completed sewer project. As-built record drawings shall meet the requirements contained in the WPCA Policy on Procedures for Review, Acceptance and Construction of Developers' Sewers. Said policy is available from the office of the Ellington Building Official.
The WPCA may, by resolution, incorporate said sewers into the Ellington sewer system, to become effective as specified in such resolution upon the following events:
Acceptance of the as-built record drawings by the Authority;
Expiration of the maintenance period fixed in the agreement;
Proper restoration of all roadways, curbs, walks and other surfaces and appurtenances disturbed by the work; and
The furnishing of adequate security by bond or otherwise to assure such restoration.