[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."
A. 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.
B. 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.
C. 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.
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.
EASEMENT
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.
GARBAGE
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.
PERSON
Any individual, firm, company, association, society, corporation,
or group.
pH
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.
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.
SEWAGE
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.
SEWER
A pipe or conduit for carrying sewage.
SLUG
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.
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.
SUPERINTENDENT
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).
TOWN
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.
WATERCOURSE
A channel in which a flow of water occurs, either continuously or
intermittently.
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:
A. Substantially and properly performing all work to be done under
the permit issued to him in a workmanlike manner;
C. 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
D. Reimbursing the Town for any expense for repairs to such street
or public place made necessary by reason of the excavation.
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.
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]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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:
(1) Acceptance of the as-built record drawings by the Authority;
(2) Expiration of the maintenance period fixed in the agreement;
(3) Proper restoration of all roadways, curbs, walks and
other surfaces and appurtenances disturbed by the work; and
(4) The furnishing of adequate security by bond or otherwise
to assure such restoration.