In order to protect more adequately the environment
and the public health of the community and to prevent future nuisance
conditions, the following article is proposed as an adjunct to the
Connecticut Public Health Code Section 19-13 B103, as amended, or
successor regulation and is adopted pursuant to Section 7-148 of the
Connecticut General Statutes, as amended.
No sewage disposal system shall be constructed,
altered, repaired or rebuilt within the Town of Guilford without prior
issuance of a sanitary permit by the Town Health Director. Application
for and issuance of a permit must be secured prior to the commencement
of work thereon. When any proposed construction site involves or requires
the construction, alteration, repair or rebuilding thereon of a sewage
disposal system or portion thereof, the Town Building Official shall
not issue a building permit without the prior written approval of
said system by the Town Health Director.
Fees for sanitary permits, soil testing and
mortgage inspections shall be established by the Board of Selectmen.
All testing of subsurface soil conditions required
for determination of soil characteristics to be used as the criteria
for the design of sewage disposal systems shall be conducted in accordance
with Connecticut Public Health Code. A soil testing moratorium may
be imposed by the Health Department during periods of seasonal low
groundwater or drought. Verification of deep test pits and percolation
test results shall be made by the Town Health Director or his or her
designated agents.
A fifty-foot separating distance shall be provided
between the high-water mark of a watercourse or body of water and
a subsurface sewage disposal system serving a new structure or an
existing structure for which an addition or change in use would require
increased sewage disposal.
No well shall be situated on a new lot such
that its radius setback reduces potential septic repair or primary
leaching areas on adjacent properties.
A.
Whenever, pursuant to the provisions of the Connecticut
Basic Building Code or Town ordinance,[1] a proposed construction, alteration, improvement, repair
or rebuilding of any structure would require that application be made
for a building permit because said proposed construction, alteration,
improvement, repair or rebuilding involves or would involve a change
in use or construction of an additional habitable space as defined
in the then-current Connecticut Basic Building Code, no such construction,
alteration, improvement, repair or rebuilding shall be undertaken
unless the property is in full compliance with Section 19-13-B100a
of the Connecticut Public Health Code or successor regulation. If
such compliance requires construction, alteration, repair or rebuilding
of sewage disposal system, then, after approval by the Town Health
Director, all such work shall be completed to the satisfaction of
the Town Health Director before any such change of use is permitted
and before commencement of any such additional habitable space. A
proposed increase in residential bedrooms or design flow of commercial
property shall require an upgrade to a code-compliant septic system.
B.
All septic tanks, cesspools and similar receptacles
serving subsurface sewage disposal systems located within the Town
of Guilford shall be pumped out not less than once in every five-year
period. A record of such pump-out shall be maintained by the Town
of Guilford Water Pollution Control Authority, and a copy of the pumpout
permit shall be filed with said Authority.
C.
Sewage holding tanks and grease traps shall be emptied
at such regular intervals as are necessary to prevent sewage back
up, overflow or damage to leaching fields.
Prior to the issuance of any building permit
for any new structure requiring a subsurface sewage disposal system
where preliminary soil tests indicate that groundwater may reasonably
be expected to be within three feet from the surface during periods
of maximum groundwater elevation, or that bedrock is within five feet
from the surface, or that the percolation rate is over 30 minutes
per inch or less than one minute per inch or where the surface slope
exceeds 25%, the Town Health Director shall require the design of
a sewage disposal system prepared in accordance with the Public Health
Code by a qualified registered professional engineer.
A.
Before approval is given for any sewage disposal system built or rebuilt in the Town of Guilford after the effective date of Article I, and before a certificate of occupancy is granted, an as-built drawing of the subsurface sewage disposal system shall be furnished to the Town Health Director for his or her approval. This as-built drawing shall be prepared by the licensed contractor who installed the system or, when required by the Town Health Director, by a licensed engineer.
Any person, firm or corporation who or which
shall violate any provision of these regulations shall be subject
to penalties in accordance with the General Statutes of the State
of Connecticut, Section 19a-206, 19a-230 or ordinance of the Town
of Guilford. Violation of this article may result in the following
successive actions:
Upon timely request by a person or company cited for violation of Article I, the WPCA shall conduct a hearing at its next regularly scheduled meeting, which shall be open to the public, at which the property owner or contractor may present evidence. The property owner or contractor may be represented by counsel and may present testimony, documentation or other evidence in support of its position and may cross-examine any persons testifying against it. The WPCA, based on the evidence presented at the hearing, shall make its decision and advise the property owner or contractor of said decision by certified mail.
