[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."
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.
The Federal Water Pollution Control Act, also known as the "Clean
Water Act," as amended, 33 U.S.C. § 1251 et seq.
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.
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.
The extension from the building drain to the public sewer or other
place of disposal.
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.
A sewer receiving both surface runoff and sewage.
The liquid wastes from commercial processes as distinct from sewage,
including but not limited to laundries, restaurants, gas stations, etc.
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.
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.
The liquid wastes from industrial processes as distinct from sewage.
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.
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.
A sewer in which all owners of abutting properties have equal rights
and which is controlled by public authority.
Ninety days, weather permitting.
A sewer which carries sewage and to which storm-, surface and ground
waters are not intentionally admitted.
An on-site subsurface waste disposal system constructed and maintained
in accordance with all requirements of the Public Health Code, Building Code,
Zoning Ordinance,[1] 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.
A sewer which carries storm- and surface waters and drainage but
excludes sewage.
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.
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.
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.
The Ellington WPCA as defined in Chapter 103 of the Connecticut General
Statutes (1958), as amended, and as designated in the Ellington Charter, § 812.
All facilities for collecting, pumping, treating and disposing of
wastewater.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
A.
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.
B.
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.
C.
No person shall discharge or cause to be discharged any
of the following described waters or wastes to any public sewers:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
D.
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:
(1)
Sewage having a temperature higher than 150° F. (65°
C.).
(2)
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.).
(3)
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.
(4)
Any sewage containing odor-producing substances exceeding
limits which may be established by the Commissioner of Environmental Protection.
(5)
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.
(6)
Materials which exert or cause:
(a)
Unusual concentrations of inert suspended solids (such
as, but not limited to, sodium chloride and sodium sulfate).
(b)
Excessive discoloration (such as, but not limited to,
dye wastes and vegetable tanning solutions).
(c)
Unusual BOD, chemical oxygen demand, or chlorine demand
in such quantities as to constitute a significant load on the water pollution
control facility.
(7)
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.
(8)
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.
(9)
Overflow from holding tanks or other receptacles storing
organic wastes.
(10)
Sewage with concentrations of pollutants in excess of
the following limits:
|
Constituent
|
Concentration
[parts/million (ppm)]
| |
|---|---|---|
|
Arsenic as As
|
.05
| |
|
Barium as Ba
|
5.0
| |
|
Boron as Bo
|
5.0
| |
|
Cyanides as CN (amenable)
|
.1
| |
|
Fluoride as F
|
20
| |
|
Chromium (Total)
|
1.0
| |
|
Chromium (Cr+6)
|
0.1
| |
|
Magnesium as Mg
|
100
| |
|
Maganese as Mn
|
5.0
| |
|
Copper as Cu
|
1.0
| |
|
Zinc as Zn
|
1.0
| |
|
Nickel as Ni
|
1.0
| |
|
Cadmium
|
.1
| |
|
Lead
|
.1
| |
|
Tin
|
2.0
| |
|
Silver
|
.1
| |
|
Mercury
|
.01
|
|
Note: All metals are to be measured as total metals.
|
E.
State permit required.
(1)
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:
(2)
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.)
K.
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.
L.
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.
M.
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.
B.
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.
C.
The following may, as indicated, construct, repair, alter,
or remove sewers, subject to supervision and approval by the Ellington WPCA:
(1)
Regular forces of a contractor employed by the Town,
operating under orders of the WPCA and in the performance of work for said
Town.
(2)
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.
(3)
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.
D.
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.
E.
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:
(1)
Approval of plans and final approval by the Superintendent
shall be obtained;
(2)
A permit shall be secured as herein provided before the
work is performed;
(3)
Permit fees shall be paid and applications made for inspections;
and
(4)
All work shall be performed by the owner himself in accordance
with the provisions of this article.
A.
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.
B.
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.
C.
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.
D.
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:
A.
Substantially and properly performing all work to be done under
the permit issued to him in a workmanlike manner;
B.
Using proper materials;
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.
A.
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.
B.
The basis for an order to connect will be:
[Amended effective 7-26-1989]
(1)
The existence of an inadequate or failing on-site subsurface
sewage disposal system;
(2)
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
(3)
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.
C.
No such order shall be issued until after a public hearing
with respect thereto after due notice in writing to such property owner.
D.
Such order, when issued, shall notify such property owner
that he or she must connect with said sewer within six months after such notification.
E.
Failure to obtain a permit to make such connection shall
be prima facie evidence that no connection has been made.
F.
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.
A.
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.
B.
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.
A.
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.
B.
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]
C.
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]
D.
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.
E.
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]
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[1] 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.[2] 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.
