Town of Old Lyme, CT
New London County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Old Lyme 5-19-1997. Amendments noted where applicable.]
GENERAL REFERENCES

Building construction — See Ch. 25.

Sewerage systems — See Ch. 215.

Subdivision regulations — See Ch. 219.

§ 133-1
Administration; purposes. 

§ 133-2
Adoption of Public Health Code. 

§ 133-3
Definitions. 

§ 133-4
Areas of special concern. 

§ 133-5
Site evaluation and installation of new systems. 

§ 133-6
Site investigations. 

§ 133-7
Maintenance of existing systems. 

§ 133-8
Enforcement. 

§ 133-8.1
Penalties for offenses. 

§ 133-9
Adoption of regulations. 

§ 133-10
Conflicting provisions. 

A. 

There is hereby adopted this chapter for regulation of on-site sewage disposal systems for the Town of Old Lyme (Town) to be administered by the Water Pollution Control Authority of the Town of Old Lyme (WPCA) and the Director of Health, who both shall employ a common agent, who shall be a sanitarian certified under Chapter 395 of the General Statutes of Connecticut. The qualifications of the agent and/or personnel under his supervision who are engaged in the investigation, inspection and approval of on-site sewage disposal systems shall include the attendance at training courses and passing examinations given by the State of Connecticut Department of Public Health.

B. 

The purposes of this chapter are as follows:

(1) 

To protect the quality and quantity of the Town's water resources;

(2) 

To eliminate the need for centralized wastewater collection and treatment;

(3) 

To designate a regulatory body whose primary concern is water pollution control;

(4) 

To limit the Town's liability for the design, construction and performance of on-site sewage disposal systems;

(5) 

To ensure the enforcement of state and Town health codes on a continuing basis in a manner that is fair to all property owners;

(6) 

To alert property owners to existing or potential problems with their on-site sewage disposal systems while any damage to such systems and the costs of any repairs thereto are as minimal as possible;

(7) 

To develop on-site wastewater disposal system inspection data from all areas of the Town which can be used by the Water Pollution Control Authority in a wastewater management plan for the entire Town; and

(8) 

To educate property owners about the proper care and maintenance procedures to follow for on-site wastewater disposal systems.

A. 

Sections 19-13-B103 and 19-13-B104 of the Regulations of Connecticut State Agencies, established pursuant to C.G.S. § 19a-36, and all amendments including technical standards thereto hereinafter adopted, are hereby incorporated by reference in this chapter and made a part hereof.

B. 

The Town of Old Lyme Public Health Code, as may be adopted by ordinance by the Town of Old Lyme, as amended from time to time, including all technical standards therein, is hereby incorporated by reference in this chapter and made part hereof.

C. 

The codes adopted in Subsections A and B are hereinafter collectively referred to as the "Public Health Code."

A. 

As used in this chapter, the following terms shall have the meanings indicated:

APPROVED PROFESSIONAL ENGINEER
A professional engineer, licensed to practice in Connecticut, who provides a current professional liability policy with respect to liability for loss, damage, and expense caused by any negligent act or omission of the professional engineer or his personnel during performance of its service.
APPROVED SEPTIC SYSTEM DESIGNER
Licensed septic installers or registered sanitarians who are knowledgeable about the design and construction of on-site sewage disposal systems; who are approved by the WPCA to prepare designs for said systems, including their repair or expansion; and who provide a current professional liability policy with respect to liability for loss, damage, and expense caused by any negligent act or omission of the licensed septic system installer or registered sanitarian or his personnel during the performance of its service.
AREAS OF SPECIAL CONCERN
Those areas designated by the WPCA from time to time in accordance with § 133-4 herein.
MALFUNCTIONING SYSTEM
An on-site sewage disposal system shall be deemed to be a malfunctioning system if sewage is allowed to contaminate ground- or surface water or to discharge or flow from it into any storm drain, stream, gutter, street roadway or 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 as determined by the Director of Health or his agent.
MODIFICATION OR EXPANSION OF AN EXISTING SYSTEM
Work to be done to an existing on-site sewage disposal system shall be deemed a modification or expansion of an existing system for the purposes of this chapter if the system is enlarged or modified for the purpose of accommodating changes in the building(s) it serves. "Modification or expansion of an existing system" shall expressly not include the repair of a malfunctioning system.
ON-SITE SEWAGE DISPOSAL SYSTEM
A system for the treatment and disposal of less than 2,000 gallons per day of sewage derived from residences and businesses consisting of a building 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.
B. 

The definition for any term for which the meaning is not already provided, or is otherwise not clear, shall be the same definition as is provided in the Public Health Code cited above.

The WPCA is hereby authorized to designate certain areas of the Town of Old Lyme and individual systems within the Town as areas of special concern. Such designation shall result from investigation by the WPCA or its agents which indicates that such an area of the Town or individual septic system is at risk, due to soil conditions, topography, density of population, and the like, or problems with the on-site sewage disposal systems located therein.

A. 

All on-site sewage disposal systems constructed after the effective date of this chapter shall be designed and their construction supervised by an approved professional engineer or approved septic system designer, and the design construction shall be done in accordance with all requirements of the Public Health Code, subject to exceptions which may be granted in accordance with the provisions of said code.

B. 

No building shall be constructed, expanded or substantially altered unless and until the owner of such building or his agent has applied for and received approval of the existing on-site sewage disposal system facilities for such building from the Director of Health or his agent. All facilities meeting the requirements of this chapter and the Public Health Code shall be so approved.

C. 

No existing on-site sewage system shall be repaired, reconstructed, modified or expanded unless and until the owner of such on-site sewage system or his agent has applied for and received approval of the on-site sewage disposal system facilities for such building from the Director of Health or his agent subject to exceptions which may be granted in accordance with the provisions of the Public Health Code. The application for construction shall include all information required by said Public Health Code. All systems meeting the requirements of this chapter and the Public Health Code shall be so approved.

D. 

All applications for approval for work under Subsections A through C above shall be filed with the WPCA and the Director of Health or their agent and shall be accompanied by a sufficient plan prepared by an approved professional engineer or approved septic system designer, together with such other information as may be required by the Public Health Code and the regulations of the WPCA and such fee as may be set in accordance with § 133-8 of this chapter, payable to the Town of Old Lyme.

E. 

Upon completion of construction of a new on-site sewage disposal system under Subsection A above, or the completion of the modification or expansion of an existing on-site sewage disposal system under Subsection C above, an approved professional engineer or the approved septic system designer who prepared the application and plan shall submit as-built drawings or provide such information as may be required by conditions of the permit, the Public Health Code, and the regulations of the WPCA. An approved professional engineer or the approved septic system designer who prepared the application and plan shall also submit with said as-built plans a written certification to the Town of Old Lyme stating that:

(1) 

The installed system conforms in all respects to the design drawings made part of the application;

(2) 

All requirements of the design have been met; and

(3) 

The location, elevation and construction of all components meet the design.

F. 

As a part of the final approval of any such new on-site sewage system under Subsection A above, or the completion of the repair, reconstruction, modification or expansion of an existing sewage system under Subsection C above, the Director of Health, the WPCA and/or their agent may require, pursuant to the Public Health Code and such regulations as may be adopted by the WPCA hereunder, monitoring of the operation of said system on an ongoing basis following its completion.

The Director of Health or his agent shall have, as set forth in this section, the right of entry onto any land in the Town for the purposes of conducting inspections of on-site sewage disposal systems and performing such tasks as the Director of Health or his agent, in his discretion, determines are advisable for the purpose of disclosing whether or not said system is malfunctioning. Said right of access shall be limited to those instances where a written complaint has been filed or where there is specific reason to believe that there is in existence a malfunction or a condition which violates the provisions of this chapter, in which case written record shall be made and maintained indicating said reason.

A. 

Except in emergency situations, the Director of Health or his agent shall, before making such entry onto such land, provide written notice to the owner of such property, as such owner's name and address are indicated in the records of the Assessor's office of the Town, indicating that the Director of Health believes that a malfunction or other condition which violates the provisions of this chapter exists and that he intends to make such inspection(s). Such notice shall also indicate that such owner may, within five days of the date of such notice, provide such information as may be reasonably required by the Director of Health or his agent in order to assess such condition. If such information is provided within such time period and if such information is sufficient to permit the Director of Health or his agent to fully assess such alleged malfunction or other condition, then the Director of Health or his agent shall not need to make such entry. If such information is not provided within such time, or if in the discretion of the Director of Health or his agent such information is not sufficient to fully assess such matter, then the Director of Health or his agent may enter upon such property in order to make such inspections. In emergency situations, no such notice shall be required.

B. 

If the Director of Health or is agent determines that such system is malfunctioning or that there is in existence a condition which violates the provisions of this chapter, then he shall deliver to such property owner written notice advising of such malfunction or other condition and directing that the same be abated as required by this chapter or the Public Health Code.

A. 

All septic tanks, cesspools and similar receptacles serving on-site sewage disposal systems located within the Town shall be pumped out not less than once in every seven-year period. The sanitarian shall maintain a record of each such pump out and copy of each liquid waste disposal ticket, which records shall be the property of the WPCA. Each liquid waste disposal ticket shall be filled out by the cleaner to indicate the origin of the load, the date of pumping and such data regarding the system pumped as the WPCA may require.

B. 

The WPCA is hereby authorized to adopt regulations to effectuate the provisions of this section and may, by such regulation, require a more frequent schedule of pumping for specific systems or areas of special concern as identified pursuant to § 133-4 herein.

A. 

The WPCA, the Director of Health and their agent shall be charged with the enforcement of this chapter. The agent of the WPCA and the Director of Health shall prepare reports for the WPCA, the scope of such reports shall be established by it, and he shall appear at meetings of the WPCA as deemed necessary by the WPCA.

B. 

The WPCA is hereby authorized to establish fees, which fees shall be in writing and shall be effective upon majority vote of the WPCA following a public hearing held by such WPCA, of which legal notice thereof has been published in a newspaper having general circulation in the Town 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. Such fees shall be required by this chapter, and such fees shall be paid at the time any such application is submitted.

[Added 1-23-2006]
A. 

The WPCA is hereby authorized to instruct its designated agent, the Director of Health and/or the Sanitarian, to issue a notice of violation to any property owner who, in violation of § 133-7A, neglects, fails or refuses to have the on-site sewage disposal system, tank and/or cesspool located on his/her property pumped out according to the requirements of this section or any regulation adopted by the WPCA pursuant to § 133-7B.

B. 

Such notice shall be in writing, set forth the nature of the violation of this chapter, and be served upon the owner in accordance with the provisions of Connecticut C.G.S. § 52-57 or 52-59a, as applicable. Such notice shall specify that the property owner has 30 days in which to correct the violation by having the on-site sewage disposal system located on his/her property pumped out in accordance with the requirements of this section.

C. 

Any property owner notified in accordance with this section who fails to correct said violation by the date specified in said notice shall be in violation of this chapter and subject to its penalties and enforcement procedures.

D. 

Each violation of this chapter shall be considered a separate municipal offense. Each day any violation of this chapter continues shall constitute a separate offense. Each separate offense under this chapter shall be punishable by a fine of $100, payable to the Town of Old Lyme.

E. 

Any person who receives a notice of violation in accordance with this section may appeal said notice to the Board of Selectmen, in writing, within 10 days of the date of said notice, and request a hearing on said violations. All such appeals shall be considered, and all hearings shall be conducted, in accordance with the provisions of Subsection F below.

F. 

The Town hereby specifically adopts the provisions of C.G.S. § 7-152c for the establishment of an appeal and citation hearing process for considering all appeals under this chapter.

G. 

The WPCA, by its designated agent, the Director of Health and/or Sanitarian, is hereby authorized to initiate legal proceedings in the Superior Court for the correction of any violation, collection of any fines, and the recovery of all costs, including reasonable attorneys' fees incurred by the WPCA to enforce the terms of this chapter.

The WPCA is authorized to adopt reasonable rules and regulations and any amendments thereto to put this chapter into effect. Such rules and regulations, and any amendments thereto, shall be in writing and shall be effective upon majority vote of the WPCA following a public hearing held by such WPCA, of which legal notice thereof has been published in a newspaper having general circulation in the Town 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.

In any case where this chapter or any regulation enacted hereinunder is found to be in conflict with any provision of the Public Health Code or any state statute, the more restrictive shall apply.