[HISTORY: Adopted by the Town of East Hampton
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Water system use — See Ch. 299.
[Adopted by Ord. No. 4.09A]
The following words and phrases, as used in
this article, shall have the following meanings unless the context
requires otherwise:
A system that serves at least 25 residents pursuant to Section
19-13-B102 of the Regulations of Connecticut State Agencies, as same
may be amended from time to time.
The nine-calendar-year cycle during which monitoring must
occur pursuant to Section 19-13-B102 of the Regulations of Connecticut
State Agencies, as same may be amended from time to time.
The Water Pollution Control Authority is authorized
to enter into agreements on behalf of the Town of East Hampton with
developers or other owners of land for the installation of community
water systems and public fire protection systems by and at the expense
of such developers or owners, which community water systems and public
fire protection systems may become part of the Town's public water
system under the conditions hereinafter stipulated, and the Water
Pollution Control Authority is empowered to make, from time to time,
any necessary regulations stipulating the terms and conditions of
said agreement not inconsistent with the provisions of this article.
The Chairman or Vice Chairman of the Water Pollution
Control Authority is authorized to sign on behalf of the Town of East
Hampton all such agreements when the same have been authorized by
said Authority.
The terms and text of a standard form of agreement
for work under this article or any variations of said standard form
to apply to any particular project thereunder shall be as approved
the Water Pollution Control Authority Attorney.
The Water Pollution Control Authority shall specify in the terms of such agreements, or on plans which are made a part thereof, the specifications of the community water system and public fire protection system to be built and any applicable conditions which must be satisfied prior to the Town's acceptance of the community water system and public fire protection system into the Town's public water system. All the applicable terms of and all subsequent amendments to Chapter 299, Water System Use, shall be applicable to work done under such agreements.
Such agreements shall provide that the full
cost of installation of the community water system and public fire
protection system and all expenses incidental thereto shall be borne
by the developer or owner who shall, before commencing any work, deposit
with the Director of Finance of the Town of East Hampton a sum deemed
by the Town Manager of the Town of East Hampton or his authorized
agent, or such engineers as the Water Pollution Control Authority
may employ, to be sufficient to reimburse the Water Pollution Control
Authority for all costs of construction, inspection, and all other
expenses of any kind incurred by the Water Pollution Control Authority
prior to or during construction, or during any warranty or maintenance
period required by the Water Pollution Control Authority. Such expenses
shall include, but shall not be limited to, allowances for pension,
insurance and similar costs related to payroll. Such agreements shall
also provide that, in case said deposit proves to be insufficient
at any time during the progress of the work, a further deposit shall
be made upon notification by the Town Manager of said Town and that,
upon acceptance of the community water system and public fire protection
system into the Town's public water system, any unexpended portion
of said deposit shall be returned to the developer or owner.
Such agreements shall also provide that the
developer or owner shall be exclusively responsible to obtain any
and all applicable regulatory approvals and/or certificates for said
community water system and public fire protection system prior to
installation, including, but not limited to, approvals and/or certificates
from the Department of Public Health of the State of Connecticut and
the Department of Public Utility Control, as applicable, and any and
all municipal land use commission approvals, as applicable.
Such agreements shall also provide that the
developer or owner, before beginning work on the project, shall pay
to the Town, as a charge to offset the Town's future operating costs
associated with said community water system and public fire protection
system, an amount of money which shall be established by the Water
Pollution Control Authority.
All such agreements shall provide that the developer
or owner shall assume all risks and hold the Town of East Hampton
harmless from any and all claims for damage arising from the work
or its conduct. To secure such risks, adequate liability, property
damage and compensation insurance shall be required in such amounts
as deemed sufficient by the Water Pollution Control Authority.
After certification by the Town Manager or his
authorized agent, or such engineers as the Water Pollution Control
Authority may employ, that any community water system and public fire
protection system installed under the terms of this article have been
completed in accordance with the plans, specifications and standards
of the Town and that the maintenance period fixed in the agreement
has expired and that adequate security by bond has been furnished
to assure the proper functioning of said system for at least the duration
of one complete compliance cycle, as defined herein, the Water Pollution
Control Authority may, by resolution, incorporate said community water
system and public fire protection system into the Town of East Hampton
public water system, to become effective as specified in such resolution.
[Adopted 3-3-2009]
With numerous proposed public water systems
(PWS) coming before the Town it is imperative that certain regulations
be in place to assure continuity and standardized operations between
systems. To assure this and to protect the Town the following regulations
shall be the basis for a certificate of public convenience and necessity
for any public water systems to be owned and operated by the Town
of East Hampton through its WPCA.
A.Â
As the WPCA will be the water service provider for
any proposed new public water system in the Town's ESA, it shall have
input into and approve the developer's plans for water supply, treatment
and distribution. The developer shall keep the WPCA informed of the
status of its water supply, treatment and distribution plans at all
times, and in addition, all water supply, treatment and distribution
plans for the development shall satisfy all governmental regulatory
requirements and those of the WPCA. The developer shall build, test
and place into service the completed community water supply, meet
all financial requirements specified herein and train WPCA personnel
before the Town will accept ownership and operations.
B.Â
A developer seeking to transfer a PWS to be owned
by the Town of East Hampton and operated through its WPCA is required
to have a meeting with the WPCA prior to the Town entering into an
agreement to own and operate the PWS. The purpose of the meeting will
be to determine what steps will be necessary for the developer to
undertake to establish, to the satisfaction of the WPCA:
A.Â
When a project has a projected average daily demand
(based upon design population of the proposed PWS in accordance with
the requirements of RCSA § 16-262m), which, when multiplied
by a safe daily yield factor of 1.50, is less than or equal to 50,000
gallons per day, the developer shall meet with the WPCA's consultant
to determine the site-specific requirements to test the PWS's aquifer
under stress conditions. Such testing shall, in general, include,
subject to modification imposed by the WPCA's consultant, a five-day
aquifer test of the well(s) pursuant to RCSA § 19-13-B51
et seq., evaluation of groundwater flow boundary conditions, and monitoring
of the public and/or private water supply wells before, during and
after the aquifer test within predetermined radius and other antecedent
conditions, as required. Should additional monitoring wells be required
upon private land and the landowner objects, such well shall be excluded
from the monitoring requirement. The WPCA shall determine, based upon
the results of the testing, whether there will be:
B.Â
When a project has a projected average daily demand
(based upon design population of the proposed PWS in accordance with
the requirements of RCSA § 16-262m), which, when multiplied
by a safe daily yield factor of 1.50 exceeds 50,000 gallons per day,
the developer shall apply for a water diversion permit pursuant to
Connecticut General Statutes § 22a-365 et seq. Should a
water diversion permit be issued by the DEP, such permit shall be
transferred at no cost to the Town.
All infrastructure associated with water supply
and treatment shall be constructed on land deeded in fee simple to
the WPCA. All wells developed shall be utilized at their maximum safe
yield as determined by a yield test described in the PHC 19-13-B51k
(b). The following minimum separating distances are required by PHC
Regulation 19-13-B51 and 19-13-B103:
|
Well Yield
(gpm)
|
Minimum Distance
(feet)
|
|---|---|
|
Under 10
|
75
|
|
10 to 50
|
150
|
|
Over 50
|
200
|
|
Note: All separating distances shown should
be measured horizontally.
|
A.Â
A PWS to be owned by the Town of East Hampton and
operated through its WPCA shall complete the applicable corrosion
control treatment requirements and steps described in RCSA § 19-13-B102
(j) et seq., and provide corrosion control treatment approved by the
WPCA, in Phase II of the certificate of public convenience and necessity
(construction of the water treatment plant). Such corrosion control
treatment shall be acceptable to the WPCA and similar to other PWSs
owned by the Town of East Hampton and operated through its WPCA.
A.Â
All costs associated with the development of the PWS,
including attorney's fees, shall be borne by the developer. The WPCA
shall provide estimates for each phase of the proposed public water
system as follows:
(1)Â
For the purpose of securing payment for engineering
review services, the WPCA shall provide three separate cost estimates,
one estimate for each phase of the certificate of public convenience
and necessity: Phases I-A, I-B and II. If the estimate proves to be
insufficient to cover the actual costs to the WPCA for the engineering
review services, the developer shall make such further payments as
shall be required upon notification by the WPCA.
(2)Â
Upon approval of Phase I-B of the certificate of public
convenience and necessity in accordance with § 16-262m of
the Connecticut General Statutes of Connecticut by the CTDPH and prior
to construction, the WPCA shall provide an additional estimate for
construction inspection services in connection with the water treatment
plant construction and distribution piping, valves, hydrants and appurtenances.
(3)Â
The developer shall make separate deposits with the
WPCA which represent the WPCA's estimate of costs for construction
inspection costs for Phase II costs that may be incurred by the WPCA
pursuant to this scope of work. The developer further agrees that
this estimate will be subject to a final accounting, at which time
any funds remaining after payment of the WPCA's engineering and/or
inspection costs shall be returned to the developer. Should the WPCA's
engineering and/or inspection costs exceed the deposit, then the developer
shall pay the difference to the WPCA within 30 days of the WPCA's
provision of a written statement of same to the developer.
(4)Â
This estimate does not include an estimate for unforeseen
expenses such as legal issues or additional project elements. The
developer will be direct billed within 30 days for these expenses
as they are incurred by the WPCA.
B.Â
For the purpose of securing payment for construction
costs, the developer agrees, before commencing any work, to post a
construction performance bond with the WPCA in the amount determined
by the WPCA, or an authorized agent thereof, to be sufficient to defray
construction costs. The required construction bond may be satisfied
by letter of credit, cash bond or surety bond. The developer further
agrees that in case said amount proves to be insufficient at any time
during the progress of the work, the developer shall make such further
deposits as shall be required upon notification by the WPCA.
A.Â
Upon acceptance, in writing, from the State Department
of Public Health that said public water system is complete, the developer
will provide for a warranty period which will conclude one year after
the final certificate of occupancy is issued. Concurrently, the construction
bond will be returned and a maintenance bond in the amount of 10%
of the construction bond will be required to secure the warranty period.
B.Â
The developer shall agree to provide a pro forma analysis
acceptable to the WPCA of system operations (expenses and revenue)
for the full build-out of the system. The developer acknowledges that
once the Town accepts and begins operating the system the Town will
not be responsible for a financial deficit associated with the operation
prior to the full build out of the development. The developer shall
deposit with the WPCA an amount which represents one year of operational
expenses, representing the full expense budget which may be expected
and incurred by the WPCA for the system. The developer further agrees
that this deposit will be utilized by the WPCA to offset any financial
deficit associated with the operations. The deposit will be subject
to an annual accounting at which time the deposit shall be adjusted
to maintain an amount equal to the full year operational expenses.
Said deposit shall continue until full build-out of the development
is achieved or revenues exceed expenses.
C.Â
The WPCA will assess the service connection cost for
each lot to be connected and billed to the developer at such time
as the developer applies to connect the public water system to the
lot. Applications for the installation and connection of new water
service shall be made on forms provided by the WPCA and signed by
the developer or a duly authorized representative. Service connection
charges shall fund a potable water sinking fund to be used at the
discretion of the WPCA. Service connection charges are subject to
change by the WPCA. The current service connection charge is $1,250
per equivalent meter unit (EMU).
