[HISTORY: Adopted New Canaan Town Council 3-13-1991, effective 3-29-1991. Amendments noted where applicable.]
Sewers and sewage disposal — See Ch. 51.
Editor's Note: This legislation also repealed former Ch. 29, Health and Sanitation, adopted 7-11-1957, effective 9-15-1957, as amended.
The Director of Health shall be the Sanitary Officer of the town. Reference to the Director of Health herein shall be deemed to include his authorized agent, and he shall have the power and it shall be his duty to:
No person shall construct, drill, dig, install, provide or alter any private source for the provision of potable water without first making application, paying a fee and obtaining a permit from the Director of Health. Such private water supply shall be constructed in accordance with the standards as set forth in the State of Connecticut Department of Consumer Protection Well Drilling Board Rules and Regulations and operated in conformity with the approved plans and specifications of the terms of the permit issued.
The Board of Selectmen, upon recommendation from the Department of Health and Sanitation and by authority of the Town Council, shall, from time to time, modify and establish fees.
A lot shall be efficient in area and have soil and drainage capable of supporting both a private water supply and subsurface sewage disposal system, as determined by the Director of Health.
All private water supply sources shall be located in areas consistent with the general layout and surroundings, protected against surface wash and as far removed from any known or probable source of pollution as surroundings will permit and in a direction opposite to the groundwater and shall be constructed and maintained in such manner as to prevent the entrance of surface water and any foreign material. The location shall be subject to approval by the local Director of Health and in compliance with the General Statutes of Connecticut and the Public Health Code of the State of Connecticut.
All separating distances shall be no less than the minimum standards as contained in the Public Health Code of the State of Connecticut.
No structure shall be constructed over an existing well nor shall any private water supply source be constructed inside any building unless the building is specifically designed for such purpose. Every private water supply source shall be so located and constructed so that it will be accessible for cleaning, treatment, repair, testing and inspection.
Before any private water supply source is used, it shall be disinfected with a chlorine solution and, after final installation of pumping equipment, the owner shall have the well sampled for bacteriological, physical and sanitary chemical examination. The Director of Health shall approve a report of the analysis of this examination before the well water is used. No person shall use or permit to be used water from any source which, after laboratory test, is determined by the Director of Health to be contaminated or in which certain physical or chemical constituents are above limits set by the Connecticut State Department of Health Services.
Whenever the Director of Health shall determine that water supplied, furnished or delivered to consumers for drinking or other domestic use does not meet the requirements of this Code, he shall so notify the person in charge of such water supply or source. The Director of Health may order the abandonment, posting, treatment or sealing of such water supply or source or any portion of the distribution system or connections thereto not meeting these requirements. Abandonment procedure shall be done according to the State of Connecticut Department of Consumer Protection Well Drilling Board Rules and Regulations.
Any water supply system originally designed for other than drinking purposes and not meeting the requirements of this Code as to purity shall have each and every outlet marked with a permanent, legible and visible sign reading "NOT FOR DRINKING PURPOSES."
No person shall sell, offer for sale, use or deliver any natural or artificial ice unless it shall have been produced from a potable water supply and manufactured, stored and delivered under clean and sanitary conditions.
No person shall sell, offer for sale, use or deliver any bottled natural or distilled water intended for human consumption unless such water comes from a source adequately protected against contamination or such water is so treated as to render it safe and sanitary, and all bottles and containers used shall be effectively cleaned and sanitized. The bottling and delivery of such water shall be performed in a sanitary manner.
In every public place the use of any drinking vessel by more than one person without adequate cleansing is prohibited. All public buildings having a water supply shall be equipped with drinking facilities of a type approved by the Director of Health.
No person shall allow or permit to remain, deposit or cause to be deposited the contents of any privy vault or septic system, any garbage, shells or bivalves, filth, dead animals or decayed animal or vegetable matter in or upon any place that such materials may be exposed to air or to flies or in such a manner that any waters or stream shall be contaminated or disagreeable odors produced. Materials shall not be deposited so as to cause stagnant water or to be scattered by wind.
No person shall engage in the business of collecting, transporting or disposing of the contents of privies, septic tanks, cesspools or refuse without first obtaining a permit from the Town Clerk. The Town Clerk shall not issue any such permit until the issuance thereof shall have been approved by the Director of Health and a fee for each truck used by the licensee shall have been received. The Board of Selectmen, upon recommendation from the Department of Health and Sanitation and by the authority of the Town Council, shall, from time to time, modify and establish fees. Each such permit shall expire on the 30th day of April following the date of issuance and may be renewed annually thereafter as of the first day of May upon approval of the Director of Health. Operations under any such permit shall be in conformity with such rules and regulations as the Director of Health may establish. Any such permit may at any time be revoked by the Director of Health for cause.
No person shall spit upon the sidewalk or the floor of any public building within the limits of the town.
Food permit required. No food establishment shall be operated in the Town of New Canaan unless a permit shall be obtained from the Director of Health. Such permit shall be issued and will remain valid only if the operation of any food establishment shall at all times comply with the provisions of the Code of the Town of New Canaan and the Public Health Code of the State of Connecticut. Each permit shall expire on the 31st day of December following the date of issuance and may be renewed annually thereafter as of the first day of January upon approval of the Director of Health.
[Amended 5-11-2005, effective 5-27-2005]
Permit to be posted. All food permits shall be posted in a conspicuous place on the premises visible to customers.
Examination and condemnation of food. Any substance or article used in the preparation or serving of food or drink in any food establishment may be examined by the Director of Health as often as, in the opinion of the Director of Health, may be necessary for the detection of unwholesomeness or adulteration for the protection of public health. The Director of Health may condemn and forbid the sale or serving of any food, drink or other substances or articles used in the preparation or serving of food which is unwholesome or is adulterated or which is detrimental to the public health.
Inspection of food establishments and suspension of permits. The Director of Health shall inspect all food establishments as often as required by the Department of Health services and may inspect any food establishment at any time for the purpose of ascertaining that the same is complying with the requirements of the Code of the Town of New Canaan and the Public Health Code of the State of Connecticut. If any violation shall be found, immediate written notice thereof shall be given, together with a demand that said violation be corrected. Within a reasonable time thereafter, the food establishment shall be reinspected, and if the violation has not been corrected, the permit of such food establishment may be suspended forthwith.
Access to premises and food sources. Any food establishment having obtained a permit from the Town of New Canaan shall be considered to have granted free access to the Director of Health at all times to the premises and all parts thereof relating to such food establishment for the purpose of inspection. In addition, such food establishment shall have available for inspection at all times all invoices and other records relating to the source of food and drink served on the premises.
Reinstatement of permit. Any food permit suspended by the Director of Health may, within one week, be reinstated if the owner corrects all violations and the food establishment is in compliance with all provisions of the Code of the Town of New Canaan and the Public Health Code of the State of Connecticut to the satisfaction of the Director of Health.
Charging of fees. A fee shall be charged for a permit to operate a food establishment in the Town of New Canaan. The Board of Selectmen, upon recommendation from the Department of Health and Sanitation and by the authority of the Town Council, shall, from time to time, modify and establish fees.
No person shall sell or offer for sale any article of food that is adulterated with an unhealthy compound or substance.
No food shall be offered for sale or stored upon any sidewalk or in front of any place of business unless the temporary food establishment meets the provisions of the Public Health Code of the State of Connecticut and is satisfactory to the Director of Health.
The provisions of the Public Health Code of the State of Connecticut and the Regulations and Technical Standards now in force or as hereafter amended relating to matters not covered by the Code of the Town of New Canaan are hereby adopted by reference and made a part hereof, except those provisions related to penalties for the violation thereof.
Percolation tests. Percolation tests shall be performed according to the Technical Standards and under conditions acceptable to the Director of Health. Tests may be performed at any time of the year except when the ground is frozen. The Director of Health has the opinion to request additional testing during the driest season and/or may require adjustment of the results to conform to seasonal conditions.
Type of soil for installation. The area reserved or intended for individual sewage disposal systems shall preferably be located in original undisturbed soil. The original ground shall be protected from surface or subsurface drainage prior to the deposition of fill material. A subsurface sewage disposal system requiring fill shall not be installed until the Director of Health approves the depth, type of fill and the amount of time required for settling.
Requirements for design, application and fees. In addition to the other requirements, individual sewage disposal systems shall not be constructed, reconstructed or altered until the Director of Health has approved the location and issued a permit for the construction, reconstruction or alteration of said individual sewage disposal systems. Permits shall not be issued until:
A report of acceptable site conditions, i.e., soil characteristics, deep test holes, percolation tests, ledge and ground water levels, has been submitted to the Director of Health.
A properly executed application has been submitted on a form supplied by the Director of Health according to the Public Health Code of the State of Connecticut and the Technical Standards for the Design of Subsurface Sewage Disposal Systems for Household and Small Commercial Buildings, State of Connecticut, Department of Health Services.
The Director of Health has determined that the subsurface sewage disposal area will not be adversely affected by surface or subsurface flooding conditions and that all surface or subsurface water will be directed away from the sewage disposal area.
A fee has been collected for a permit to repair, construct or alter a subsurface sewage disposal system. The Board of Selectmen, upon recommendation from the Department of Health and Sanitation and by the authority of the Town Council, shall, from time to time, modify and establish fees.
Conditions for subsurface sewage disposal systems.
Individual subsurface disposal systems shall not be constructed until rough grading of the area has been completed.
Sewer lines leading to septic tanks shall be laid with tight joints in a straight line and on a uniform grade except where accessible manholes, Y-bends or one-eighth-bends with cleanouts are provided at changes of direction or grade. All sewer lines extending from any structure to a septic tank shall be a minimum diameter of four inches and shall consist of cast iron or sewer pipe approved in Table 2 of the Technical Standards of the Public Health Code of the State of Connecticut.
Leaching systems shall be constructed in accordance with the Regulations and Technical Standards for Subsurface Sewage Disposal Systems.
The maximum trench width shall be in accordance with the Regulations and Technical Standards for Subsurface Sewage Disposal Systems.
After final grading the disturbed area shall be stabilized with suitable ground cover and/or methods of soil erosion control approved by the Director of Health.
Garbage grinders shall be constructed in accordance with the Regulations and Technical Standards for Subsurface Disposal Systems.
Inspection required. The Director of Health shall be notified a minimum of 24 hours prior to the commencement of any work on any portion of the subsurface sewage disposal system. All portions of a subsurface sewage disposal system shall be subject to inspections and approvals by the Director of Health prior to backfilling or operation of the system. The Director of Health may order the owner/contractor to uncover any portion of a system backfilled prior to inspection.
Subsurface sewage disposal systems shall not be placed in operation or dwellings served by sewage systems be occupied until the Director of Health has issued a permit to discharge/certificate of approval to utilize a subsurface sewage disposal system. Issuance of this certificate is also required for alterations to an existing sewage system or where an exception is granted.
The Director of Health may grant an exception, except with respect to the requirements of the Public Health Code of the State of Connecticut and Regulations and Technical Standards, for the repair, alteration or extension of an existing subsurface sewage disposal system where he determines the repair, alteration or extension cannot be effected in compliance with the requirements of this chapter and upon finding that such an exception is unlikely to cause a nuisance or health hazard.
The minimum setback requirement between any portion of a septic system and a below-ground pool is 25 feet and 10 feet for an above-ground pool.
[Amended 6-12-1991, effective 6-28-1991]
For the purpose of this section, "wastewater" is defined as effluent from a swimming pool backwash filter system having certain physical, chemical or bacteriological characteristics that render it unsuitable for drinking, recreational or other human uses or that does not meet the minimum standards for water quality for a particular purpose as established by the Public Health Code of the State of Connecticut.
Wastewater shall not be discharged into any watercourse, natural or artificial, or into any stormwater drainage ditch which discharges into any watercourse or any wetland, nor into a subsurface sewage disposal system designed to handle residential or nonresidential buildings. Wastewater may be discharged into a sanitary sewer system having sufficient hydraulic capacity or a separate subsurface sewage disposal system specifically designed for this purpose.
For the purposes of this section, a "public swimming pool" is defined as a pool intended for recreational bathing, swimming, diving or therapeutic purposes, located either indoors or outdoors, which is provided with a controlled water supply and which is not owned or maintained as part of a particular residential unit or residential complex.
The Director of Health may inspect all public swimming pools, and if any such pool is deemed to be a public health hazard, the Director of Health may order the pool closed until such time as, in the opinion of the Director of Health, a health hazard no longer exists.
Any person who engages in the activities set forth in this chapter in violation hereof shall be fined $100 or the maximum sum permitted by state statutes, whichever shall be greater, for each offense.
The provisions of this chapter are designated for enforcement by citation in accordance with Section 7-148(10) of the Connecticut General Statutes, and the Board of Selectmen shall designate municipal officers or employees to issue warnings and citations as therein provided.
It is intended that the provisions of this chapter shall also be the basis of civil relief to the fullest extent possible in an action by the Town in any court having jurisdiction.