[HISTORY: Adopted by the Town Meeting of the Town of Old Saybrook as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Rental housing — See Ch. 166.
Conversion of seasonal dwellings — See Ch. 170.
Water Pollution Control Authority — See Ch. 64.
Subdivision regulations — See Ch. 302.
[Adopted 9-14-1999 by Ord. No. 75]
The purpose of this article for management of on-site sewage disposal systems is to promote the health and welfare for the residents of the Town of Old Saybrook by requiring pump-out, inspection and maintenance of said on-site sewage disposal systems at least once every five years. To this end the Town of Old Saybrook Water Pollution Control Authority has developed this article with the intent to eliminate the need for sewers in the Town, wherever possible by:
A. 
Enforcing the State and Town Health Codes.
B. 
Alerting property owners of existing or potential problems with their systems, while any damage to such systems and cost of repairs or upgrade are minimized.
C. 
Developing town-wide on-site inspection data which may be used by the Water Pollution Control Authority in a wastewater management plan for the entire Town.
D. 
Educating property owners about proper care and maintenance procedures to follow for on-site sewage disposal systems.
E. 
Requiring repairs to any existing problems discovered.
F. 
Aggressively enforcing provisions of Section 19-13-B100a and any subsequent revisions of the Public Health Code.
G. 
Promoting the use of alternate technology systems approved by the State of Connecticut Department of Public Health (DPH) where available and appropriate under the Health Code. Note: This article shall apply to all on-site sewage disposal systems within the Town of Old Saybrook except those systems operating under a permit issued by the State of Connecticut Department of Environmental Protection.
Sections 19-13-B103a through 19-13-B103f and Section 19-13-B100a of the Regulations of Connecticut State Agencies, and all amendments including technical standards thereto hereinafter adopted, are hereby incorporated by reference in this article and made part hereof. Said sections are hereinafter referred to as the Public Health Code. However, no on-site sewage disposal system in existence prior to January 4, 1981, shall be required to conform to the design and construction provisions of the Public Health Code unless said system malfunctions, is modified, or is expanded upon. 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 Section 19-13-B103d 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, water body, gutter, street, roadway or public place, or if sewage discharges from said system to the surface or subsurface of any property so as to create a nuisance or condition detrimental to health as determined by the Director of Health. Substantial backflow from the leaching area into the tank during a tank pump-out shall also be considered an indication of a malfunctioning system.
The Director of Health shall have the right of entry to any land in the Town of Old Saybrook for the purpose of conducting inspections of on-site sewage disposal systems and performing such tasks as the Director of Health determines are advisable for the purpose of disclosing whether or not said system is malfunctioning. If access to the interior of a structure is required, the Director of Health shall send a written notice to the property owner of said intention to evaluate the on-site sewage disposal system. Except in emergency situations, said notice shall be sent by certified mail at least five days prior to the scheduled date of inspection. If access to the property or structure is denied, the Director of Health shall notify the owner in writing that the permit to discharge for that property will be revoked. The Director of Health shall determine the severity of the complaint and can revoke the permit to discharge immediately if he or she deems this appropriate.
[Amended 3-13-2002]
No residential building, residential institution, or nonresidential building shall be constructed in the town, and no existing on-site sewage disposal system for any such existing building shall be reconstructed, repaired, expanded upon or otherwise modified unless and until the owner of such building has applied for and received approval of a permit to construct the sewage system for such building from the Director of Health. All facilities meeting the requirement of this article for a permit to construct shall be filed with the Director of Health and shall be accompanied by a sufficient plan, as may be required by the Director of Health, of the proposed sewage system and such fees as may be set in accordance with § 173-14 of this article. Exception: For properties on which the estimated daily waste water flow is in excess of 5,000 gallons per day, approval for the proposed sewage disposal system shall be secured from the State of Connecticut Department of Environmental Protection.
All on-site sewage disposal systems, with a design capacity under 5,000 gallons per day, constructed after the effective date of this article shall be designed and constructed in accordance with all requirements of the Public Health Code, subject to exceptions which may be granted in accordance with the provisions of Section 19-13-B103d of said code. No installation shall begin until a permit to construct has been approved by the Director of Health.
A. 
It shall be unlawful for any owner or occupant of any building served by an on-site sewage disposal system to discharge sewage into a sewage disposal system unless a discharge permit authorizing said discharge has been obtained from the Director of Health.
B. 
Initially, a discharge permit shall be issued following an on-site inspection of the on-site sewage disposal system by the Director of Health, which an inspection does not disclose any malfunction of the system. Said permit shall be valid for a period of five years from the date of issue unless sooner revoked due to a malfunction disclosed by an inspection by the Director of Health. When the malfunctioning system has been repaired and inspected by the Director of Health, a valid discharge permit shall be reissued.
C. 
The discharge permit for any system observed to be malfunctioning as defined in § 173-3 shall be subject to revocation by the Director of Health. Notice of revocation of the discharge permit shall be forwarded to the Building Official. Notice shall also be issued by the Director of Health to the owner of the property via certified mail.
A. 
No discharge permit shall be renewed unless the following conditions have been satisfied:
(1) 
The owners or occupants of the building shall have the system inspected and pumped out by a septic tank cleaner properly licensed by the State of Connecticut to perform such service. The owner, occupant, or contracted septic cleaner shall be responsible to obtain a pump-out permit and liquid waste disposal ticket from the Director of Health prior to the inspection and pumping of the tank. The term "septic tank cleaner" as used in this article, shall mean any septic tank cleaner or installer licensed by the State of Connecticut.
(2) 
The owner, occupant or contracted septic tank cleaner is required to inform the Director of Health at least 24 hours prior to the pump-out except in case of emergency.
(3) 
The inspection and cleaning must be performed not later than 30 days after the expiration date of the existing discharge permit.
(4) 
The Director of Health shall have the right to observe the inspection and cleaning at his or her discretion, and to perform such tests as the Director of Health deems appropriate to determine whether or not said system is malfunctioning.
(5) 
The inspection and cleaning of the on-site sewage disposal system must disclose no malfunction. Any malfunction noted must be repaired within 60 days or the Director of Health may issue a temporary permit for discharge for a period not to exceed six months.
B. 
The Director of Health shall have the authority to waive the inspection and cleaning of the septic tank if he or she determines that inspection and cleaning are not necessary because of limited use or because of a recent cleaning or inspection of the system.
C. 
The owners or occupants of any building shall be entitled to have the discharge permit renewed at any time prior to the expiration of the existing discharge permit, provided that the septic tank is cleaned and a field inspection of the septic system is performed by the Director of Health at the time of said cleaning, and the field test performed disclosed no malfunction.
A. 
All septic tanks, cesspools, pools and similar receptacles serving sewage disposal systems located within the Town of Old Saybrook shall be pumped out and inspected not less than once in every five-year period. The Director of Health shall have the right to observe said pump-out and inspection. A liquid waste disposal ticket shall be filled out by the septic tank cleaner to indicate the origin of the load, the date of pumping, the place of disposal and such data regarding the system cleaned as the Director of Health or the Water Pollution Control Authority may require. The Director of Health shall maintain a record of each pump-out and inspection, and a copy of each liquid waste disposal ticket.
[Amended 3-13-2002]
B. 
The Director of Health is empowered hereby to require more frequent inspections and/or pump-outs for those systems which he or she has reason to believe are failing or are in danger of failure or which he or she believes warrants more frequent maintenance. Properties which may require more frequent maintenance include, but are not limited to, food-service establishments, marinas, institutional establishments, day-care facilities, etc. Considerations for this determination include any or all of the following: water usage, grease generation by the facility, high groundwater conditions, complaints regarding poor system performance, or other appropriate items. The determination of more frequent pump-outs can also apply to single-family residences, if the Director of Health has concerns with the system servicing such a property.
C. 
Any subsidy paid by the Town of Old Saybrook for the disposal of septage or grease from any on-site system pumped out within the Town shall be limited to the subsidy required for the disposal of the contents of the septic tank or grease trap servicing that property once per calendar year. Any fees required for the disposal of septage or grease shall be borne totally by the owner of the property for any additional pump-outs required during a one-year period following the initial pump-out.
D. 
Nothing in this article shall be construed to absolve any property owner or operator from complying with the conditions of any permit to discharge issued by either the State of Connecticut Department of Public Health or the Department of Environmental Protection for on-site sewage disposal.
A. 
The Old Saybrook Water Pollution Control Authority in conjunction with the Old Saybrook Environmental Health Department shall develop a map of the Town so as to facilitate an orderly procedure for collecting data regarding the inspection and cleaning of septic systems on a regular basis and to allow for the issuance of discharge permits and pump-out permits.
B. 
Each area of the Town will be scheduled to have maintenance performed as determined by the Water Pollution Control Authority and the Director of Health. The intent is to phase in over several years a town-wide program for managing all maintenance of on-site sewage disposal systems and of system pump-outs.
C. 
The owner or occupants will be mailed a notice of the scheduled maintenance period established for his or her area of town. The owner, occupant, or contracted septic tank cleaner shall obtain a pump-out permit and liquid waste disposal ticket which is to be filled out by the septic tank cleaner and returned to the Old Saybrook Environmental Health Department for use by the Water Pollution Control Authority after the disposal of sewage.
D. 
The owner or occupants may choose any septic tank cleaner to pump-out and inspect the system, provided that the selected septic tank cleaner holds a current valid license issued by the State of Connecticut DPH.
E. 
Any septic tank cleaner planning to pump out any system in the Town of Old Saybrook is requested to call or fax the Water Pollution Control Authority office prior to the pump-out and advise the office of which properties are to be pumped out or inspected.
A. 
Enforcement of this article and of the Public Health Code shall be the responsibility of the Director of Health of the Town of Old Saybrook and his/her duly authorized agents. Said agents shall include, but shall not be limited to, the Sanitarian of the Town of Old Saybrook and such qualified Field Inspectors as are employed by the Town of Old Saybrook for purposes of enforcing the provisions of this article. The term "Director of Health," whenever used in this article, shall mean the Director of Health or his/her duly authorized agents.
B. 
If an on-site system is determined by the Director of Health to be malfunctioning, or if scheduled maintenance of the system provided for in § 173-9 of this article is not performed, the following actions shall be taken by the Director of Health:
(1) 
The discharge permit shall be revoked and the owner of the premises served by said on-site system shall be given notice of said revocation and of the violation occurring and shall be ordered to immediately abate the condition(s) cited in the notice.
(2) 
The Director of Health shall cause the notice of violation and a copy of the abatement order to be recorded on the Old Saybrook Health Department records. Notification shall be forwarded to the Building Official of the Town. When the abatement order has been fully complied with a new discharge permit shall be issued.
(3) 
The Director of Health shall have the right to seek judicial relief to enforce his or her orders for the abatement of any violations of the provisions of the Public Health Code or of this article.
Any property owner who has been issued a notice of violation and abatement order by the Director of Health shall have the right to appeal said notice of violation and abatement order to the Commissioner of Health Services of the State of Connecticut pursuant to the provisions of C.G.S. § 19a-229.
The Water Pollution Control Authority is hereby authorized to establish fees which shall be in writing and shall be effective upon majority vote of the Water Pollution Control Authority following a public hearing, of which legal notice has been published in a newspaper having a general circulation in the Town of Old Saybrook not less than five days prior to such hearing, and upon subsequent publication of notice of such adoption in a newspaper having general circulation in the Town of Old Saybrook.
The Director of Health is hereby authorized to issue a temporary discharge permit allowing the discharge of sewage into a subsurface sewage disposal system which is in violation of the provisions of this article. Said temporary discharge permit shall not be issued unless the Director of Health 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 Old Saybrook. Said temporary discharge permit shall be issued upon such conditions and stipulations as the Director of Health determine are necessary to insure that the operation of said sewage system will not be detrimental to the public health or welfare. 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 Director of Health deems necessary to effect the required repairs to said sewage system to bring it into compliance with the provisions of this article. In no event shall a temporary discharge permit be issued for a period in excess of six months. Renewal of said permit shall be discretionary with the Director of Health.
The WPCA shall continue and further accomplish its public information program which shall include, but not be limited to, a simple explanation of the use, operation and maintenance of an on-site sewage disposal system, the advantages of water-saving devices, and requirements of the Public Health Code and Town ordinances.
The Water Pollution Control Authority is authorized to adopt rules and regulations and any amendments thereto, to put this article into effect. Such rules and regulations and any amendments thereto shall be in writing and shall be effective upon majority vote of the Water Pollution Control Authority following a public hearing held by the Water Pollution Control Authority, of which legal notice thereof has been published in a newspaper having general circulation in the Town of Old Saybrook not less than five days prior to such hearing, and upon subsequent publication of notice of such adoption in a newspaper having general circulation in the Town of Old Saybrook.
[Adopted 8-11-2009]
The Town of Old Saybrook, in accordance with C.G.S. § 7-247(b), does hereby establish a decentralized wastewater management district.
The purpose of this article is to protect the public health and the environment of the Town of Old Saybrook by establishing a decentralized wastewater management district within which improvements to the treatment of wastewater will occur by implementing the requirements as set forth herein. It is not the purpose of this article to allow new construction on any lot or to install an AT system as a means by which additional bedrooms or increased occupancy may occur, beyond that which would otherwise be permitted by the Public Health Code as applied to such lot. Furthermore, compliance within this article does not relieve any property owner or person of the obligation to comply with all other rules, regulations and policies of the Town, the Public Health Code (including technical standards adopted thereunder) or the Department of Public Health.
As used in this article, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A permanent nonhabitable structure which is not served by a water supply and is used incidental to residential or nonresidential buildings. "Accessory structures" include, but are not limited to, attached and detached garages, covered entranceways, screened and enclosed three-season (nonwinterized) porches/sunrooms, open decks, tool and lawn equipment storage sheds, gazebos, and barns, etc. "Accessory structures" also include in-ground and aboveground pools.
ALTERNATIVE SEWAGE TREATMENT SYSTEM
A sewage treatment system serving one or more buildings that utilizes a method of treatment other than a subsurface sewage disposal system and that involves a discharge to the groundwaters of the state.
AT [ADVANCED TREATMENT] SYSTEM
A type of alternative sewage treatment system that provides reduction of effluent nitrogen concentration, as provided in the Upgrade Program Standards and the DEP delegation.
AT LOT
A. 
Any non-water proximity lot that requires the installation of an AT system, as provided in § 173-25C(3) herein; and
B. 
Any water proximity lot.
AT PERMIT
A permit evidencing the approval of, and issued by, the WPCA upon the WPCA's determination that an AT lot complies with the requirements of this article and the Upgrade Program Standards.
AT SYSTEM INSTALLER
A person who is qualified to install the AT systems selected for use in the WWMD. "AT system installers" are required to meet training and experience requirements set forth by the WPCA and the DEP delegation.
AT SYSTEM OPERATOR
A person who is qualified to provide operations and maintenance services for the specific AT systems selected for use in the WWMD. An "AT system operator" is required to meet training and experience requirements set forth by the WPCA and the DEP delegation.
BUILDING ADDITION
Any structural modification or alteration that results in an increase in habitable floor area of the building served that does not increase the design flow or required effective leaching area of the subsurface sewage disposal system, including, but not limited to, the modification of attic, basement or garage space into habitable space or the addition of dormers.
BUILDING CONVERSION
The act of winterizing a seasonal use building or portion thereof into year-round use by providing one or more of the following:
A. 
A positive heating supply to the converted area;
B. 
A potable water supply which is protected from freezing; or
C. 
Energy conservation in the form of insulation to protect from heat loss.
CHANGE IN USE
Any structural, mechanical or physical change to a building which allows the occupancy to increase; or any change in the activities within a building to expand or alter such building or the use thereof such that, when the building is fully utilized, the design flow or required effective leaching area of the subsurface sewage disposal system will increase. A "change in use" also includes any internal change to a building which, while not increasing the square footage of habitable space, changes the configuration in such a way that there is an increase in design flow of the subsurface sewage disposal system.
COMMUNITY SEWERAGE SYSTEM
Any sewerage system serving two or more residences in separate structures, which system is not connected to a municipal sewerage system or which is connected to a municipal sewerage system as a distinct and separately managed district or segment of such system.
CONSTRUCTION
Any of the following activities: building addition; building conversion; accessory structure; teardown/rebuild; or new construction on a vacant lot or lot.
DECENTRALIZED SYSTEM
Managed subsurface sewage disposal systems, managed alternative sewage treatment systems or community sewerage systems that discharge sewage flows of less than 5,000 gallons per day, are used to collect and treat domestic sewage, and involve a discharge to the groundwaters of the state.
DEP
State of Connecticut, Department of Environmental Protection, acting by its Commissioner or duly authorized representative.
DEP DELEGATION
The delegation of authority from DEP to the WPCA to issue AT permits.
DIRECTOR OF HEALTH
The Director of Health for the Town of Old Saybrook, or authorized agent (except such authorization shall not extend to issuing orders under the Public Health Code).
DPH
State of Connecticut, Department of Public Health, acting by its Commissioner or duly authorized representative.
FAILED SYSTEM
Any subsurface sewage disposal system or AT system that allows wastewater to discharge or flow from it into the interior of any building served or into any storm drain, stream, water body, gutter, street, roadway or public place, or if wastewater discharges from said system to the surface or subsurface of any property or otherwise so as to create a nuisance or condition detrimental to health as determined by the Director of Health or as designated by the Public Health Code.
FINAL INSPECTION
An inspection conducted by, as applicable, the Director of Health or the WPCA, after the Upgrade Program Standards have been implemented, but prior to the issuance of a WWMD permit.
INITIAL INVESTIGATION
The first investigation of (i) a non-water proximity lot, pursuant to § 173-25 herein, or (ii) a water proximity lot that is also a vacant lot, pursuant to § 173-24D herein. "Initial investigations" shall be conducted by the Director of Health.
INVESTIGATION
An assessment by the Director of Health or the WPCA, as applicable, of a lot, a subsurface sewage disposal system or an AT system that may include, but is not limited to, a review of system components including materials, size and location, and an assessment in order to determine adequate separation distance to maximum groundwater and ledge rock and sizing of the leaching system. An investigation may be conducted for, among other purposes, the following: for initial investigation and final inspection purposes; for the purpose of obtaining information to determine appropriate design parameters; and for the purpose of determining compliance with this article and the Upgrade Program Standards.
NON-WATER PROXIMITY LOT
Any lot that is not a water proximity lot.
LOT
A parcel of land within the WWMD that is occupied or capable of being occupied by one or more principal buildings and customarily incidental accessory buildings or uses, and which meets the minimum area, width, and other applicable requirements of the Town of Old Saybrook zoning regulations for the zone in which such parcel of land is located, or is a legal nonconforming parcel, as defined in such zoning regulations[1] and which conforms to the ordinances of the Town of Old Saybrook.
MALFUNCTIONING SYSTEM
Any subsurface sewage disposal system or AT system as applicable, that exhibits a condition or conditions which, if not timely corrected, will, in the judgment of the Director of Health or the WPCA, as applicable, result in a failed system. Backflow from leaching system into septic tank, wastewater overflowing the outlet baffle, back-up into the building sewer or riser, or evidence that the system is not performing as designed, is an indication of a "malfunctioning system."
PERSON
Any individual, group of individuals, corporation, limited liability company, association, partnership or public or private entity, including a district, county, city, town, or other government unit.
PHASED IMPLEMENTATION
The gradual implementation of the Upgrade Program Standards, which shall take place over time, as set forth in §§ 173-24A and 173-25A herein.
PROPERTY OWNER
Any person who alone, jointly or in common with others has legal title to any real property located in the WWMD.
PUBLIC HEALTH CODE
The State of Connecticut Public Health Code, including "Technical Standards for subsurface sewage disposal systems" established by DPH pursuant to Section 19-13-B103d(b) of the Regulations of Connecticut State Agencies, as established pursuant to C.G.S. § 19a-36, as may be amended.
SEPTIC TANK CLEANER
Any septic tank cleaner licensed by the State of Connecticut in accordance with C.G.S. § 20-341a et seq. and registered with the Director of Health in accordance with this article.
SEPTIC TANK INSTALLER
Any septic tank installer licensed by the State of Connecticut in accordance with C.G.S. § 20-341a et seq. and registered with the Director of Health in accordance with this article.
SERVICE CONTRACT
A written contract between a property owner and an AT system operator which provides for operation and maintenance services for an AT system on a property owner's lot. "Service contracts" shall meet the guidelines set forth by the WPCA and the DEP delegation, which will include periodic visits to and inspections of the AT system, regular operation and maintenance as recommended by the AT system manufacturer, remote monitoring of the AT system and responses to alarm conditions to remedy alarm conditions, periodic sampling and analysis per the DEP delegation, and written reports in support of the AT system permit renewal process. "Service contracts" shall be for a period of five years or the life of the AT permit, whichever is less. "Service contracts" shall be signed by both the property owner and the AT system operator, and a copy shall be provided to the WPCA.
SEWERAGE SYSTEM
Any device, equipment, appurtenance, facility and method for collecting, transporting, receiving, treating, disposing of or discharging wastewater, including, but not limited to, decentralized systems within the WWMD.
SSDS
Subsurface sewage disposal system.
SSDS LOT
A. 
Any non-water proximity lot with an existing subsurface sewage disposal system that satisfies the Public Heath Code and the Upgrade Program Standards without the need to install an AT system, as provided in § 173-25C(1) herein;
B. 
Any non-water proximity lot that is also a vacant lot for which the proposed subsurface sewage disposal system satisfies the Public Health Code and the Upgrade Program Standards, as provided in § 173-25D herein; and
C. 
Any SSDS upgrade lot.
SSDS PERMIT
A permit evidencing the approval of, and issued by, the Director of Health upon the Director of Health's determination that an SSDS lot complies with the requirements of this article and the Upgrade Program Standards. An SSDS permit shall set forth standards for operation and maintenance of a subsurface sewage disposal system and any permit conditions and provisions as are set forth in the Public Health Code. An SSDS permit shall be deemed equivalent to a permit to discharge pursuant to Section 19-13-B103e(h) of the Public Health Code.
SSDS UPGRADE LOT
Any non-water proximity lot with an existing sewerage system that requires upgrading in order to satisfy the Upgrade Program Standards requirements but does not require an AT system, as provided in § 173-25C(2) herein.
SUBSURFACE SEWAGE DISPOSAL SYSTEM
A system consisting of a house sewer, a septic tank followed by a leaching system, any necessary pumps and siphons, and any groundwater control system on which the operation of the leaching system is dependent.
TEARDOWN/REBUILD
Any tearing down and rebuilding of all or a portion of a structure, or the repair, replacement or rebuilding of a damaged structure.
UPGRADE PROGRAM STANDARDS
The program and standards set forth in that certain document entitled "Town of Old Saybrook wastewater Upgrade Program Standards," as such Upgrade Program Standards may be revised from time to time in accordance with the procedure set forth therein. A copy of the Upgrade Program Standards as in effect on the effective date of this article is attached hereto as Exhibit A.[2] A copy of the Upgrade Program Standards, as revised from time to time, shall be on file at the offices of the WPCA and the Director of Health. The Upgrade Program Standards set forth remediation standards, including pollutant limits, performance requirements, design parameters and technical standards for application to sewage discharges in the WWMD for the improvement of wastewater treatment to protect public health and the environment.
VACANT LOT
A lot without wastewater generating structures.
WASTEWATER
Domestic and commercial sewage consisting of water and human excretions or other waterborne wastes incidental to the occupancy of a residential building or a nonresidential building, as may be detrimental to the public health or environment, but not including manufacturing process water, cooling water, wastewater from water softening equipment, blow down from heating or cooling equipment, and water from cellar or floor drains, or surface water from roofs, paved surfaces or yard drains.
WATER PROXIMITY LOT
A lot that is designated as a water proximity lot on the map identified in § 173-22A herein. Every "water proximity lot" shall be deemed to be an AT lot.
WWMD
The decentralized wastewater management district in the Town of Old Saybrook established in accordance with C.G.S. § 7-247(b) and this article.
WWMD PERMIT
"WWMD permit" shall mean, as applicable, an SSDS permit and/or an AT permit.
WPCA
The Town of Old Saybrook Water Pollution Control Authority acting by its duly authorized agents.[3]
[1]
Editor's Note: See Ch. 303.
[2]
Editor's Note: Exhibit A is on file in the office of the Town Clerk.
[3]
Editor's Note: See Ch. 64, Water Pollution Control Authority.
In accordance with C.G.S. §§ 7-245 and 7-247, the following approvals and consultations have occurred:
A. 
On July 8, 2009, the Commissioner of DEP approved the engineering report entitled "Wastewater Facilities Plan Old Saybrook Wastewater Management Study," and dated June 19, 2009, which report has determined that the existing sewerage systems within the WWMD may be detrimental to public health or the environment and that decentralized systems are required.
B. 
On July 9, 2009, the Commissioner of DPH concurred with such DEP approval after consultation with the Director of Health in accordance with C.G.S. § 7-247(b).
C. 
On July 7, 2009, the Director of Health has approved this article pursuant to the Director of Health's authority under C.G.S. §§ 19a-207, and 7-247(a).
D. 
The Town of Old Saybrook, in consultation with the Director of Health, has acted in conjunction with the WPCA to establish the WWMD.
E. 
On June 17, 2009, WPCA applied to DEP for delegation to issue AT permits.
F. 
As required by the General Statutes, the Director of Health will authorize certain individuals working on behalf of the WPCA to act as agents of the Director of Health for determinations made under Section 19-13-B104a et seq. of the Regulations of Connecticut State Agencies for Alternative Sewage Treatment Systems.
A. 
The Town of Old Saybrook WWMD is hereby established, and the boundaries of the WWMD are shown on the map entitled "Old Saybrook Wastewater Management Program Overview Map" and 15 "Wastewater Management District Maps," one for each area identified on the overview map, prepared by Fuss & O'Neill and all dated May 28, 2009, which maps are on file in the Town Clerk's office and are hereby made a part of this article.
B. 
The Town Clerk shall record a copy of this article in the Old Saybrook Land Records and shall index this article in the grantor index in the name of each property owner as listed in the records of the Assessor's office on the effective date of this article.
It shall be unlawful to discharge wastewater in the WWMD unless a WWMD permit authorizing said discharge has been obtained pursuant to this article, except as follows:
A. 
A lot for which a permit has been issued by the DEP pursuant to C.G.S. § 22a-430 shall not be required to obtain a WWMD permit so long as such DEP permit is in full force and effect. For purposes of this § 173-23, except as provided in the DEP Delegation, a WWMD permit shall not be deemed to be a permit issued by the DEP pursuant to C.G.S. § 22a-430.
B. 
Due to the phased implementation, no lot shall be required to have a WWMD permit until an order is issued for such lot, or the property owner is otherwise contacted by the Director of Health in accordance with the provisions of this article.
A. 
Implementation of the Upgrade Program Standards for water proximity lots shall take place in phases over time. Therefore, the Upgrade Program Standards shall not be deemed to apply to any particular water proximity lot until the earliest to occur of the following:
(1) 
Change in use or construction.
(a) 
At the time of a proposed i) lot line revision or other activities that affect soil characteristics or hydraulic conditions, or ii) change in use or construction on a water proximity lot that has an existing sewerage system, the Director of Health shall issue an order to abandon the existing sewerage system pursuant to § 173-27A(1) herein, and the WPCA shall issue an order to install an AT system pursuant to § 173-27A(2) herein.
(b) 
At the time of proposed construction on a water proximity lot that is also a vacant lot, the Director of Health shall conduct an initial investigation of said lot, as set forth in § 173-24D herein;
(2) 
Malfunctioning or failed system. At such time as the Director of Health issues to the property owner of a water proximity lot an order to abate a nuisance or health hazard pursuant to Section 19-13-B103c(f) of the Public Health Code, or identifies a malfunctioning system, the Director of Health shall issue an order to abandon the existing sewerage system pursuant to § 173-27A(1) herein, and the WPCA shall issue an order to install an AT system pursuant to § 173-27A(2) herein; and
(3) 
In due course. In due course during the phased implementation, if the Director of Health and the WPCA have not already issued orders to the property owner of a water proximity lot pursuant to Subsection A(1)(a) or A(2) above, the Director of Health and the WPCA shall issue such orders.
(4) 
In no event shall the design flow of the change in use or construction exceed that which would otherwise be allowed for an SSDS lot.
B. 
At the applicable time in accordance with the phased implementation, the Director of Health shall issue a notice of entry into the program under the phased implementation to each property owner and thereafter conduct an initial investigation as provided herein. Within 30 days of receipt of such notice, the property owner or its designee/agent shall file with the Director of Health an application (on a form to be provided by the Director of Health) pursuant to Section 19-13-B103e(c) of the Public Health Code. The Director of Health may issue such notice to a property owner simultaneously with the issuance of its order pursuant to § 173-27A(1) herein and the WPCA's order pursuant to § 173-27A(2) herein.
C. 
Except as set forth in § 173-24D below.
(1) 
Every water proximity lot shall have an AT system; and
(2) 
Water proximity lots that are not vacant lots shall not require an initial investigation.
D. 
Prior to the start of proposed construction on a water proximity lot that is also a vacant lot, the Director of Health shall conduct an initial investigation of said lot. The initial investigation shall be for the purpose of determining whether a subsurface sewage disposal system that complies with the requirements of the Public Health Code and the Upgrade Program Standards could be installed on said lot. As part of the initial investigation, the property owner may provide, or the Director of Health may request, additional information to determine compliance with this Section.
(1) 
In the event the Director of Health determines that a subsurface sewage disposal system compliant with the Public Health Code and Upgrade Program Standards is feasible on said lot, then the WPCA shall issue an order to install an AT system pursuant to § 173-27A(2) herein.
(2) 
In the event the Director of Health determines that a subsurface sewage disposal system compliant with the Public Health Code and Upgrade Program Standards is not feasible on said lot, then said lot shall not be eligible for a WWMD permit. Neither a subsurface sewage disposal system nor an AT system shall be installed on said lot.
(3) 
In no event shall the design flow of the construction exceed that which would otherwise be allowed for an SSDS lot.
E. 
An AT permit for a water proximity lot shall be issued following compliance with the orders issued pursuant to this § 173-24.
A. 
Implementation of the Upgrade Program Standards for non-water proximity lots shall take place in phases over time. Therefore, the Upgrade Program Standards shall not be deemed to apply to any particular non-water proximity lot until the earliest to occur of the following:
(1) 
Change in use or construction. Prior to the start of a proposed a) lot line revision or other activities that affect soil characteristics or hydraulic conditions; or b) Change in use or construction on a non-water proximity lot, the Director of Health shall conduct the initial investigation of such non-water proximity lot;
(2) 
Malfunctioning or failed system. At such time as the Director of Health issues to the property owner of a non-water proximity lot an order to abate a nuisance or health hazard pursuant to Section 19-13-B103c(f) of the Public Health Code, or identifies a malfunctioning system, the Director of Health shall conduct the initial investigation of such non-water proximity lot; and
(3) 
In due course. In due course during the phased implementation, if an initial investigation of a non-water proximity lot has not already occurred pursuant to Subsection A(1) or (2) above, the Director of Health shall contact the property owner to schedule an initial investigation of such non-water proximity lot after issuing a notice as provided herein.
B. 
At the applicable time in accordance with the phased implementation, the Director of Health shall issue a notice of entry into the program under the phased implementation to each property owner. Within 30 days of receipt of such notice, the property owner or its designee/agent shall file with the Director of Health an application (on a form to be provided by the Director of Health) pursuant to Section 19-13-B103e(c) of the Public Health Code.
C. 
The initial investigation of every non-water proximity lot with a sewerage system shall be for the purpose of determining whether such sewerage system requires upgrading to satisfy the requirements of the Upgrade Program Standards. As part of the initial investigation, the property owner may provide, or the Director of Health may request, additional information to determine compliance with this section.
(1) 
If the existing sewerage system on a non-water proximity lot satisfies the Public Health Code and the Upgrade Program Standards requirements and does not require an AT system, such lot shall be deemed to be an SSDS lot. The Director of Health shall issue an SSDS permit for such non-water proximity lot.
(2) 
If the existing sewerage system on a non-water proximity lot requires upgrading in order to satisfy the Upgrade Program Standards requirements but does not require an AT system, such lot shall be deemed to be an SSDS upgrade lot. The Director of Health shall issue an order to upgrade the existing subsurface sewage disposal system pursuant to § 173-26A herein.
(3) 
If the existing sewerage system on a non-water proximity lot requires, in addition to satisfying other elements of the Upgrade Program Standards, the installation of an AT system, such lot shall be deemed to be an AT lot. The Director of Health shall issue an order to abandon the existing sewerage system pursuant to § 173-27A(1) herein, and the WPCA shall issue an order to install an AT system pursuant to § 173-27A(2) herein.
D. 
The initial investigation of every non-water proximity lot that is also a vacant lot shall be for the purpose of determining whether the proposed subsurface sewage disposal system for such lot satisfies the requirements of the Public Health Code and the Upgrade Program Standards. If the proposed subsurface sewage disposal system on a non-water proximity lot that is also a Vacant lot satisfies the Public Health Code and the Upgrade Program Standards requirements (including but not limited to the Upgrade Program Standards requirements for vacant lots), such lot shall be deemed to be an SSDS lot. Upon final inspection of such SSDS lot following construction of said proposed subsurface sewage disposal system, and a determination by the Director of Health that such construction satisfies the requirements of this article, the Public Health Code, and the Upgrade Program Standards, the Director of Health shall issue an SSDS permit for such lot.
E. 
A WWMD permit for a non-water proximity lot shall be issued following a final inspection and, if applicable, compliance with any orders issued pursuant to this § 173-25.
A. 
Orders. The Director of Health shall order the property owner of an SSDS upgrade lot to upgrade such lot's sewerage system in accordance with the Upgrade Program Standards.
B. 
SSDS permits. Upon final inspection of an SSDS upgrade lot following an upgrade pursuant to an order, and a determination by the Director of Health that such upgrade satisfies the requirements of this article and the Upgrade Program Standards, the Director of Health shall issue an SSDS permit for such lot.
A. 
Orders.
(1) 
The Director of Health shall order the property owner of an AT lot with an existing sewerage system to abandon such AT lot's sewerage system.
(2) 
Upon issuance of such Director of Health order to abandon, the WPCA shall order such property owner to install an AT system using an AT system installer and in accordance with the Upgrade Program Standards. No such WPCA order shall be issued until after written notice to the property owner and a public hearing in accordance with C.G.S. § 7-257.
B. 
AT permits. Upon final inspection of an AT lot following the installation of an AT system pursuant to an order, and a determination by the WPCA that such installation satisfies the requirements of this article and the Upgrade Program Standards, and upon receiving a copy of a valid executed service contract between the owner of the AT lot and an AT system Operator, the WPCA shall issue an AT permit for such lot. The permit shall state that failure to notify the WPCA of a termination or expiration of such service contract or a change in the AT system operator shall be a violation of the AT permit.
A. 
A WWMD permit shall be valid for a period of five years from the date of issue unless sooner revoked as provided in § 173-32 herein.
B. 
SSDS permit renewal. Following is the process for renewal of an SSDS permit:
(1) 
The renewal process for SSDS permits shall be consistent with Section 19-13-B103e(h)(2) of the Public Health Code and this § 173-28B.
(2) 
The property owner shall have the septic tank inspected and cleaned by a septic tank cleaner or septic tank installer properly licensed by the State of Connecticut to perform such service.
(3) 
The property owner or contracted septic tank cleaner or septic tank installer shall inform the Director of Health at least 24 hours prior to the inspection and cleaning except in case of emergency.
(4) 
The inspection and cleaning must be performed within 90 days prior to the expiration date of the existing SSDS permit.
(5) 
The Director of Health shall have the right to observe the inspection and cleaning at his/her discretion, and to require such tests, based upon conditions observed and as the Director of Health deems appropriate, to determine whether or not said system is malfunctioning or failing.
(6) 
The report on inspection and cleaning of the septic tank must disclose to the Director of Health if there is evidence of a malfunctioning system or a failed system. Any malfunctioning system noted must be repaired within 60 days of such inspection and cleaning, or the Director of Health may issue a temporary permit for a period not to exceed six months. Any failed system must be repaired on a schedule as determined by the Director of Health.
(7) 
The Director of Health shall have the authority to waive the inspection and cleaning of the septic tank if he/she determines that inspection and cleaning are not necessary because of limited use or because of a recent cleaning or inspection of the septic tank or subsurface sewage disposal system.
(8) 
Applications for permit renewals shall be on forms developed by the Director of Health and include elements for consideration, as provided above.
C. 
AT permit renewal. Following is the process for renewal of an AT permit:
(1) 
The renewal process for AT Permits shall be consistent with the DEP delegation and this § 173-28C.
(2) 
The property owner shall have the AT system inspected by its AT system operator prior to renewal of the AT permit. Said inspection shall include a report to be filed in connection with the AT permit renewal for approval by WPCA summarizing the condition of the AT system and its components, the septic tank and (to the extent visible) the leaching system. The report shall summarize operational history of the AT system over the life of the current permit, including any malfunctions and remedial measures taken. The AT system operator shall note any deficiencies or malfunctions in the AT system that would negatively impact performance of the AT system and shall recommend (and property owner shall implement) corrective measures to remedy such deficiencies prior to such permit renewal.
(3) 
Unless in the discretion of the WPCA there is a valid reason to the contrary, the septic tank associated with the AT system shall be inspected and cleaned by a septic tank cleaner or septic tank installer registered with the Director of Health as provided herein, properly licensed by the State of Connecticut to perform such service.
(4) 
The property owner or AT system operator shall inform the WPCA at least 24 hours prior to the AT system inspection, except in case of emergency.
(5) 
The property owner or contracted septic tank cleaner or septic tank installer shall inform the WPCA at least 24 hours prior to the inspection and cleaning except in case of emergency.
(6) 
The inspection and cleaning must be performed within 90 days prior to the expiration date of the existing AT permit.
(7) 
The WPCA shall have the right to observe the inspection and cleaning at its discretion, and to perform such tests as the WPCA deems appropriate to determine whether or not said system is malfunctioning or failing.
(8) 
The report on inspection and cleaning of the AT system must disclose to the Director of Health and WPCA if there is evidence of a malfunctioning system or a failed system. Any malfunctioning system noted must be repaired within 60 days, or the WPCA may issue a temporary permit for a period not to exceed six months. Any failed system must be repaired on a schedule as determined by the Director of Health.
(9) 
The WPCA shall have the authority to waive the inspection and cleaning of the AT system and its septic tank if it determines that inspection and cleaning are not necessary because of limited use or because of a recent cleaning or inspection of the AT system.
(10) 
Applications for permit renewals shall be on forms developed by the WPCA.
D. 
Registration and reporting.
(1) 
Any septic tank cleaner or septic tank installers providing services under this article shall be licensed by the State of Connecticut and be registered with the Director of Health and WPCA. The criteria and standards for such registration shall be adopted by the Director of Health and WPCA.
(2) 
All septic tank cleaners and septic tank installers shall file reports as required by WPCA and Director of Health on forms approved by them, within 30 calendar days of such inspection, through a reporting system as directed by the WPCA and Director of Health. Any septic tank cleaner or septic tank installer filing reports using any other method may be removed from the registration list as provided in the criteria and standards provided above. The Director of Health and the WPCA shall provide training on the reporting system at no cost to the septic tank cleaner or septic tank installer.
A. 
SSDS lots. Every SSDS lot shall be subject to standards established by the Director of Health for effective supervision, management, control, operation and maintenance. The property owner shall operate and maintain the subsurface sewage disposal system in accordance with such standards, which shall be set forth in the SSDS permit.
B. 
AT lots. Every AT lot shall be subject to standards for effective supervision, management, control, operation, monitoring and maintenance, which standards shall be established by the WPCA in accordance with the DEP delegation. The property owner shall execute a service contract with an AT system operator to operate and maintain the AT system in accordance with such standards, which shall be set forth in the AT permit, and in accordance with any additional standards established by the manufacturer of the AT system. In the event repair or replacement work is required in order to ensure the continued effective operation of an AT system, the property owner shall apply for a repair permit from the WPCA prior to conducting such work.
A. 
The Director of Health and the WPCA shall have the right of entry to any land in the WWMD for the purpose of conducting Investigations for the purpose of determining compliance with this article and the Upgrade Program Standards and performing such tasks as the Director of Health or the WPCA determine are advisable for such purpose. Except in the case of an emergency, if access to the interior of a structure is required, the Director of Health or the WPCA, as applicable, shall send a written notice to the property owner.
B. 
If access to the property or structure is denied, the Director of Health or the WPCA, as applicable, shall notify the property owner in writing that the WWMD permit for such lot shall be revoked. The Director of Health or the WPCA, as applicable, shall determine the severity of the situation and may revoke the WWMD permit immediately if he/she deems this appropriate, and for WPCA actions, thereafter hold a hearing in accordance with its regulations. In the event access is denied prior to the initial investigation (i.e., prior to the issuance of a WWMD permit), the Director of Health or the WPCA, as applicable, may initiate legal proceedings in accordance with § 173-32B herein and assess penalties in accordance with § 173-35 herein.
A. 
SSDS lots. At the time of the initial investigation of a lot that is not a vacant lot, for the purpose of determining whether such lot meets the criteria to be designated as an SSDS lot, the Director of Health may grant exceptions from one or more of the provisions of the Public Health Code in accordance with Section 19-13-B103d.
B. 
AT lots. In the event that an AT system is not feasible to install on an AT lot, the WPCA may propose alternatives (for example, a community sewerage system) to one or more of the provisions of the Upgrade Program Standards; provided, however, that any such alternatives are approved by the DEP, DPH, and/or the local Director of Health as applicable.
A. 
Enforcement of this article as to each lot prior to a determination as to whether such lot is an SSDS lot or an AT lot shall be the responsibility of the Director of Health. Enforcement of this article for SSDS lots shall be the responsibility of the Director of Health. Enforcement of this article for AT lots shall be the responsibility of the WPCA, except that, to the extent there is a Public Health Code violation on an AT lot, the Director of Health shall also have enforcement authority.
B. 
In the event that: (i) a lot within the WWMD is determined by the Director of Health or the WPCA, as applicable, to be out of compliance with the provisions of this article or the Upgrade Program Standards; (ii) an AT system or a subsurface sewage disposal system is a malfunctioning system or a failed system; or (iii) the property owner has not complied with the conditions of the WWMD permit, the following actions shall be taken by the Director of Health or the WPCA, as applicable:
(1) 
If a WWMD permit has been issued for such lot, the WWMD permit shall be revoked and the property owner shall be given notice of said revocation and of the violation(s) occurring and shall be ordered to immediately abate the condition(s) cited in such notice. Such notice shall comply with the provisions of Subsection B(3) below.
(2) 
If a WWMD permit has not been issued for such lot, the property owner shall be given notice of the violation(s) occurring and shall be ordered to immediately abate the condition(s) cited in such notice. Such notice shall comply with the provisions of Subsection B(3) below.
(3) 
Notices issued pursuant to Subsection B(1) and (2) above shall:
(a) 
Be in writing.
(b) 
Set forth the violation(s) of this article, the Public Health Code, the Upgrade Program Standards, the applicable rules and regulations issued pursuant thereto, or the WWMD permit.
(c) 
Specify a specific date for the correction of the violation(s), including interim or emergency measures.
(d) 
Be served upon the property owner personally, or by registered mail, return receipt requested, addressed to the property owner at the address of the property owner as set forth in the records of the Town Assessor, or, if applicable, be served upon a resident agent for the receipt of service for the property owner as designated in the records of the Connecticut Secretary of State. If one of more persons to whom such notice is addressed cannot be found after diligent effort to do so, service may be made upon such persons by posting the notice on or about the property that is the site of the violation(s).
(e) 
Be filed in the records of the Director of Health and/or the WPCA records, as applicable. Notification shall be forwarded to the Building Official of the Town of Old Saybrook.
(4) 
In the event an investigation of the lot is required in order to determine whether the violation(s) have been corrected, then, at the end of the period of time allowed for the correction of the violation(s), the Director of Health or WPCA, as applicable, shall conduct an investigation of the lot.
(a) 
If, upon such investigation, the violation(s) are determined to have been corrected, the Director of Health or the WPCA, as applicable, shall reinstate or reissue, as applicable, a WWMD permit.
(b) 
If, upon such investigation, the violation(s) are determined not to have been corrected, the Director of Health or the WPCA, as applicable, may seek such relief as may be available at law or equity, in accordance with the provisions of the Connecticut General Statutes, the Public Health Code, the Code of the Town of Old Saybrook or this article.
(5) 
In the event an investigation of the lot is not required in order to determine whether the violation(s) have been corrected, then, if, at the end of the period of time allowed for the correction of the violation(s), the violation(s) are determined not to have been corrected, the Director of Health or the WPCA, as applicable, may seek such relief as may be available at law or equity, in accordance with the provisions of the Connecticut General Statutes, the Public Health Code, the Code of the Town of Old Saybrook or this article.
A. 
SSDS lots.
(1) 
Any property owner who receives a decision of the Director of Health that is adverse to the property owner may appeal such decision of the Director of Health in accordance with the provisions of C.G.S. § 19a-229.
B. 
AT lots.
(1) 
Any property owner who has been issued an order by the Director of Health pursuant to § 173-27A(1) herein shall have the right to appeal such order to the DPH in accordance with the provisions of C.G.S. § 19a-229.
(2) 
Any property owner who has been issued an order by the WPCA pursuant to § 173-27A(2) herein shall have the right to appeal such order in accordance with the provisions of C.G.S. § 7-257.
(3) 
Any property owner who is aggrieved by a decision of the WPCA to deny an AT permit to such property owner shall have the right to appeal such decision as provided in C.G.S. § 22a-437.
(4) 
Any property owner who has been issued a notice of violation and abatement order by the WPCA shall have the right to appeal said notice in accordance with the provisions of C.G.S. § 22a-437.
Fees may be established and are hereby authorized and assessed as follows: For permits issued by the Director of Health, by the Board of Directors for the Connecticut River Area Health District in accordance with § 19a-243 for Public Health Code; and for the WPCA, consistent with Town ordinances and § 7-245 of the General Statutes, the fee schedule shall be in writing and shall be effective upon majority vote of the WPCA following a public hearing, of which legal notice has been published in a newspaper having a general circulation in the Town of Old Saybrook not less than five days prior to such hearing, and upon subsequent publication of notice of such adoption in a newspaper having a general circulation in the Town of Old Saybrook.
As provided in C.G.S. § 7-148(c)10, any person who shall violate any provision of this article or who shall refuse or fail to obey an order of the Director of Health or the WPCA to comply with this article, the Upgrade Program Standards or any rule or regulation adopted hereunder, shall be subject to a civil penalty of $100 for each day of each violation, as assessed by the WPCA, after expiration of the specified reasonable consideration period as determined by the WPCA; provided, however, that the penalty set forth in this section is not exclusive and, when the violation is also a violation of the provisions of any federal, state or local law, then such additional penalty, or remedy or enforcement set forth in any such statute, regulation or ordinance, shall pertain in addition to the penalty provisions of this section, including but not limited to the powers the Director of Health.
Except as provided below, as to the WWMD, this article shall supersede Article I of Chapter 173 of the Code of the Town of Old Saybrook (Ordinance 75, Sewage Disposal Systems). Said Chapter 173, Article I, shall remain in full force and effect as to:
A. 
All portions of the Town of Old Saybrook that are not part of the WWMD; and
B. 
Each lot within the WWMD until such time as an order is issued for said lot or the property owner of said lot is otherwise contacted by the Director of Health in accordance with § 173-24 of 173-25 herein.
A. 
AT permits: Within 10 business days of the change in ownership of an AT lot for which an AT permit has been issued, such new property owner shall file with the WPCA, on a form provided by the WPCA such information as it may request, including but not limited to, any change in the information on such permit, evidence that the service contract has been assigned to the new owner(s), and confirmation that the new owner(s) understands and will comply with the WWMD ordinance and permits issued thereunder. Upon receipt, review and approval of the completed form by the WPCA, the AT permit shall be transferred to the new property owner.
B. 
SSDS permits: Within 10 business days of the change in ownership of an SSDS lot for which an SSDS permit has been issued, such new property owner(s) shall file with the Director of Health on a form provided by such Director of Health, any changes in the information on such permit, and confirmation that the new owner(s) understands and shall comply with the WWMD ordinance. Upon receipt, review and approval of the completed form by the Director of Health, the SSDS permit shall be transferred to the new property owner.
Any liens associated with the WWMD recorded against a lot within the WWMD in favor of the Town, the WPCA, or the Director of Health shall be paid/discharged in full upon the transfer of ownership for consideration.