There is hereby enacted an On-Site Subsurface Sewage Disposal
System (SSDS) Ordinance to regulate and control the design, construction,
operation and maintenance of on-site sewage disposal systems serving
single-family and multiple-family homes or small commercial business
with an SSDS having a capacity of 5,000 gallons per day or less in
the Town of Brookfield. The purpose of this article is to promote
the health and welfare of the residents of the Town of Brookfield
by requiring tracking and maintenance of said sewage disposal systems
to prevent their malfunction and to provide for the correction of
malfunctioning sewage disposal systems.
Sections 19-13-B103a through 19-13-B103f and Section 19-13-B100a
of the Regulations of Connecticut State Agencies, and all amendments
thereto hereinafter adopted, are hereby incorporated by reference
in this article and made a part hereof. Said sections are hereinafter
referred to as the "Public Health Code." However, no on-site sewage disposal system which is in
existence on the effective date of this article shall be required
to conform to the design and construction provisions of the Public
Health Code unless said system malfunctions. In the event of malfunction,
all portions of the system which require repair shall be repaired
in accordance with all requirements of the Public Health Code, subject
to variances which may be granted pursuant to the provisions of Sections
19-13-B103d and 19-13-B100a (f) of said code.
An on-site sewage disposal system shall be deemed to be a malfunctioning
system if sewage is allowed to discharge or flow from it into any
storm drain, stream, gutter, street, roadway or a public place or
if sewage discharges from said system to the surface of any private
property so as to create a nuisance or condition detrimental to health.
Any property owner who has issued a notice of violation and
abatement order by the Health Director or his representative shall
have the right to appeal said notice of violation and abatement order
to the Commissioner of Health of the State of Connecticut pursuant
to the provisions of Section 19a-229 of the Connecticut General Statutes,
a copy of which is attached hereto as Exhibit A.
The Health Director or his representative is hereby authorized
to issue a temporary permit to discharge allowing the discharge of
sewage into a subsurface sewage disposal system which is in violation
of the provisions of this article. Said temporary permit shall not
be issued unless the Health Director or his representative makes a
finding that the use of said malfunctioning system will not be detrimental
to the health and welfare of the residents of the Town of Brookfield.
Said permit shall be immediately revoked upon noncompliance with said
conditions and stipulations. Said permit shall remain in effect only
for such period of time as the Health Director or his representative
deems necessary to effect the required repairs to said sewage disposal
system to bring it into compliance with the provisions of this chapter
and the applicable sections of the Connecticut Public Health Code.
In no event shall a temporary permit to discharge be issued for a
period in excess of six months. Renewal of said permit shall be discretionary
with the Health Director or his duly authorized representative.
This article governs the removal, transportation and disposal
of all materials removed from any septic tank, cesspool, privy and/or
subsurface sewage disposal system, hereafter known as "septage," generated
in the Town of Brookfield. This article provides minimum operating
and administrative standards for the removal and disposal of septage
per Section 19-13-B103c or Sections 19-13-B104b through 19-13-B104c
of the Connecticut Public Health Code.
In accordance with Section 19-13-103(c)(2)(B) or 19-13-B104c(b)(2)(B)
of the Connecticut Public Health Code, all organizations pumping septage
within the Town of Brookfield shall first obtain necessary permits
from the Director of Health of the Town of Brookfield or his agent.
Application for said permits shall require presentation of a valid
license to transport septage issued by the State of Connecticut in
accordance with Section 20-341 of the Connecticut General Statutes.
Application for the permit shall also require presentation of a valid
permit for transport and disposal of septage issued by the City of
Danbury Health Department or proof of lawful right to dispose of septage
in some other approved facility. Renewal of permits shall be on a
yearly calendar basis, and applications shall be made on a form furnished
by the Town. There is no registration fee for this permit.