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.
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.
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.